GR 9 COVER SHEET

Suggested Amendments, New Section, and Repealed Section to
Infraction Rules for Courts of Limited Jurisdiction
IRLJ 1.2, IRLJ 2.1, IRLJ 2.4, IRLJ 2.5, IRLJ 2.6, IRLJ 3.2, IRLJ 3.3, IRLJ 3.5, IRLJ 5.1, New IRLJ 3.5, Repeal IRLJ 4.2, Amend Notice of Infraction Form, New Draft Petition: Traffic Infraction Payment Plans, New Draft Order: Traffic Infraction Payment Plans  

A. Name of Proponent:

ACLU of Washington, Columbia Legal Services, Northwest Justice Project, Public Defender Association, Washington Defender Association, Washington Driver’s Relicensing Task Force

B. Spokesperson:

Karen Campbell
Staff Attorney, Northwest Justice Project

C. Purpose:

The proposed suggested amendments to the Infraction Rules of Limited Jurisdiction and proposed forms are necessary due to passage of ESSB 5226 (2021) and to institutionalize more effective and equitable procedures in courts of limited jurisdiction for traffic infractions. Specific proposed amendments, new sections, and corresponding amendments and new forms include:

·         IRLJ 1.2 DEFINITIONS

·         IRLJ 2.1 NOTICE OF INFRACTION

·         IRLJ 2.4 RESPONSE TO NOTICE

·         IRLJ 2.5 FAILURE TO RESPOND

·         IRLJ 2.6 SCHEDULING OF HEARINGS

·         IRLJ 3.2 FAILURE TO APPEAL

·         IRLJ 3.3 PROCEDURE AT CONTESTED HEARING

·         IRLJ 3.4 HEARING ON MITIGATING CIRCUMSTANCES

·         Proposed New IRLJ 3.5 ABILITY TO PAY

·         IRLJ 3.5 LOCAL RULE OPTIONS (amended and renumbered to IRLJ 3.6)

·         Repeal – IRLJ 4.2 FAILURE TO PAY OR COMPLETE COMMUNITY RESTITUTION TRAFFIC INFRACTION

·         IRLJ 5.1 WHAT ORDERS MAY BE APPEALED

·         Proposed Amended Form – NOTICE OF INFRACTION

·         Proposed New Form – PETITION RE: TRAFFIC INFRACTION PAYMENT PLAN

·         Proposed New Form – ORDER RE: TRAFFIC INFRACTION PAYMENT PLAN

ESSB 5226, which passed in the 2021 legislative session, removes the penalty of driver’s license suspension for failing to pay a ticket for a non-criminal traffic infraction. It also requires the court to enter into a payment plan when a person requests to do so and does not have the ability to pay the ticket. However, drivers are still punished with a license suspension if they fail to respond entirely or pay an installment of their payment plan and then fail to appear at a subsequent court hearing for the infraction.[1]

On June 2, 2021, the Thurston County Superior Court entered an order in a lawsuit relevant to these court rules, Pierce et al. v. DOL.[2] The order required DOL to stop suspending driver’s licenses for failure to pay or failure to appear for non-criminal moving violations, until the effective date of ESSB 5226, and requiring DOL to report back about the implementation of the new ability-to-pay determination system before the injunction expires.

ESSB 5226 goes into effect on January 1, 2023, at which point DOL will be allowed to suspend driver’s licenses again. The suggested amendments to IRLJ and the new forms and amended form aim to create uniform, consistent and fairer practices for traffic infractions. Sections of ESSB 5226 authorize court rules to adjudicate these cases, including but not limited to:

Sec. 3 (6) – Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter, it is immediately payable and is enforceable as a civil judgment under Title 6 RCW. If the court determines that a person is not able to pay a monetary obligation in full the court shall enter into a payment plan with the person in accordance with section 4 of this act and standards that may be set out in court rule.

Sec. 4 (9) - For the purposes of this section, "payment plan" means a plan that requires reasonable payments based on the financial ability of the person to pay as determined by court rule.

D. Hearing:

A hearing is not requested.

E. Expedited Consideration:

Expedited consideration is requested and is necessary to ensure no drivers face inequitable penalties after the effective date of ESSB 5226. As ESSB 5226 goes into effect on January 1, 2023, we request that the proposed changes be implemented before January 1, 2023.

F. Supporting Materials:

ESSB 5226 – Session Law - https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/Senate/5226-S.SL.pdf?q=20220201125323

Thurston County Superior Court – Pierce et al. v. DOL – October 12, 2021 - First Amended Stipulated Order Enjoining Defendants from Suspending Certain Drivers Licenses and Requiring Recission of Certain Drivers Licenses Suspensions - https://www.aclu-wa.org/docs/first-amended-stipulated-order