GENERAL RULE 9

RULE AMENDMENT COVER SHEET

PROPOSED AMENDMENT TO RULES OF APPELLATE PROCEDURE 16.11, and 16.13

1.       Proponent Organization: Justice Barbara A. Madsen and Justice Sheryl Gordon McCloud

2.       Spokesperson & Contact Info: Justice Barbara A. Madsen and Justice Sheryl Gordon McCloud

3.       Purpose of Proposed Rule Amendment

Washington’s constitution provides for the right to bail. Wash. Const. Art. 1 §20. However, some individuals are held in confinement for nonviolent offenses without bail. This court should clarify that such detention orders are subject to expedited review.

Specifically, RCW 10.21.040 provides expedited review for a detention order and hearing, and in pertinent part, states that “[a] detainee is entitled to expedited review of the detention order by the court of appeals under the writ provided in RCW 7.36.160.” The current personal restraint procedures, by operation of the Rules of Appellate Procedure (RAPs), do not provide expedited relief for petitioners who are challenging a pretrial determination, like denial of bail, creating a potential conflict between the statute and the RAPs. For this reason, we request that the rules be amended as set forth below.

4.       Is Expedited Consideration Requested? [Yes because expedited consideration aligns with the existing statute].

5.       Is a Public Hearing Recommended? [No public hearing recommended for the reason noted above].