GR 9 COVER SHEET

SUGGESTED AMENDMENT RULES OF APPELLATE PROCEDURE

RULE 18.9 – VIOLATION OF RULES

A.  Proponent: Washington State Court of Appeals Rules Committee

B.  Spokesperson: Judge Bradley Maxa, Chair

C.  Purpose: RAP 18.9 sets forth a judicial officer’s authority to sanction a party, counsel, court reporter, or transcriptionist for violating the rules of appellate procedure. Authorized sanctions include dismissal and imposition of terms and compensatory damages.

Under the first provision in subsection (b), the commissioner or clerk may dismiss a case on any of the grounds listed in subsection (a) of the rule (i.e., using the rules for the purpose of delay, filing a frivolous appeal, failing to comply with the rules). The second provision in subsection (b) states that the commissioner or clerk will dismiss for failure to timely file a notice of appeal, notice for discretionary review, a motion for discretionary review, or a petition for review. In other situations, the commissioner or clerk has no discretion to dismiss. Clerks often move to dismiss review of a case for abandonment, and commissioners often rule on those motions. The proposed amendment reflects current practice by explicitly authorizing a commissioner or clerk to dismiss a review proceeding for abandonment on its own motion. This proposed amendment mirrors and uses the same wording as subsection (c), which allows a party to move to dismiss review of a case “for want of prosecution if the party seeking review has abandoned the review.”

D.  Hearing: Not requested.

E.   Expedited Consideration: Not requested.

Supporting Material: Suggested rule amendment.