GR 9 COVER SHEET

Suggested Amendment to

CRIMINAL RULES FOR SUPERIOR COURTS, CrR 3.3

TIME FOR TRIAL

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A.        Name of Proponent:  Superior Courts Judges’ Association (SCJA) Criminal Law and Rules Committee

B.        Spokesperson:  

Judge Laura M. Riquelme

SCJA Criminal Law and Rules Committee, Chair

Skagit County Superior Court Judge

C.        Purpose:  The Superior Courts Judges’ Association (SCJA) Criminal Law and Rules Committee recommends amending CrR 3.3, Time for Trial, to mirror and adopt similar language to the District and Municipal Courts Judges’ Association’s suggested amendment to CrRLJ 3.3.  The suggested amendment to CrR 3.3 will make the rules congruent and will adhere to the parameters of CrR 3.4.  This amendment shall allow defense counsel to enter into agreements for continuance on behalf of their clients.  It also clarifies that defense counsel’s signature constitutes a representation that the defendant has been consulted and agrees to the continuance and that the court’s notice to defense counsel of new hearing dates constitutes notice to the defendant.  This suggested amendment to CrR 3.3 will also allow for continuity in the transition from the Emergency Court Operations Order issued by the Washington Supreme Court due to the COVID-19 pandemic to regular court operations.  For these reasons, the SCJA Criminal Law and Rules Committee requests adoption of the suggested amendment to CrR 3.3.

D.        Hearing:  A hearing is not recommended.

E.        Expedited Consideration:  Expedited consideration is requested to address current practice, and to provide continuity when the Emergency Order issued by the Washington Supreme Court regarding Court Operations during COVID-19 public emergency expires.  Expedited consideration is requested to make the CrR 3.3 congruent with the current CrR 3.4.