GENERAL RULE 9

RULE AMENDMENT COVER SHEET

PROPOSED AMENDMENT TO RULE CR 4.2(g)

1.      Washington Pattern Forms Committee

2.      Commissioner Rebekah Zinn, Pattern Forms Committee Chair

3.      The purpose of this amendment is to incorporate the changes to CrR4.2(g) Statement of Defendant on Plea of Guilty (non-sex offense and sex offense) forms. The plea forms were audited for clarity of language, legal accuracy, and a focus on direct consequences. The goal of the audit was that the average defendant could read this form, understand what it says, and be advised of all direct consequences of the guilty plea. Currently, the form contains inaccurate and repetitive information that impedes the reader’s understanding of the underlying legal concepts. Additionally, the form contains various collateral consequences that contribute to the overall complexity and length of the form. In an effort to improve these forms, a detailed review was conducted to ensure accuracy and identify areas that could be removed or rewritten.

The following areas of the plea forms were addressed because they contained inaccurate information. First, the obligation of the defendant to tell the judge about a new conviction prior to sentencing. The community custody advisement re: failure to register as a sex offender. The advisement regarding the defendant’s ineligibility for assistance. The advisement regarding DOC sanctions for community custody violations. The statutory reference for first time offender sentencing option and the portion dealing with offender registration in the non-sex plea form.

The defendant must be informed of the direct consequences of a guilty plea or the plea may be deemed involuntary. State v. Buckman, 190 Wn.2d 51, 59, 409 P.3d 193 (2018). A “direct consequence” is one with a “definite, immediate and automatic effect on a defendant's range of punishment.” State v. Ross, 129 Wn.2d 279, 284, 916 P.2d 405 (1996). An advisement of all possible “collateral consequences” of a guilty plea is not required. State v. McDermond, 112 Wn. App. 239, 245, 47 P.3d 60 (2002). Collateral consequences do not “alter the standard of punishment” and involve “ancillary or consequential results which are peculiar to the individual.” State v. Ward, 123 Wn.2d 488, 513–14, 869 P.2d 1062 (1994).

The guilty plea form contains various advisements that have been (or likely would be) categorized as collateral. Lengthy advisements discussing collateral consequences is one of the primary reasons why this form is so daunting. Yet, certain collateral consequences can have a devastating impact on a defendant’s life. Instead of not providing an advisement at all about some of the collateral consequences that are currently in the plea form, a brief and more general advisement on collateral consequences should be considered.  A proposed general advisement concerning collateral consequences was added to Section 6.

“The clerk of the court is required to report this conviction to various administrative entities, which will result in civil consequences. I will lose the right to vote. Also, I may be ineligible to hold a driver’s license or receive government assistance. Other consequences may apply based on my specific circumstances.”

The following sections were identified as collateral consequences that are not otherwise required by statute or case law: Firearm prohibition, voter eligibility, government assistance, parts of the DOSA advisement, participation in rehabilitative programs, education benefits, firearm rights, felony firearm offender registration, work ethic camp, and the judge’s signature block. All other changes made to the form were to reduce duplicative statements and remove unnecessary language.

After the audit the Felony Judgment and Sentence Subcommittee reviewed the forms and approved them before sending them to the Pattern Forms Committee (PFC). The PFC published the forms for comment during the summer of 2021. The comments were reviewed by the Subcommittee and the larger PFC and worked into the current form.

4.      Is Expedited Consideration Requested? Yes, the PFC would like to publish the new form on January 1, 2022 with the larger forms update.

5.       Is a Public Hearing Recommended? No.