GENERAL RULE 9

RULE AMENDMENT COVER SHEET SUGGESTED NEW RULE ARLJ 15

1.     Proponent Organization: BJA Remote Proceedings Work Group

2.     Spokesperson & Contact Info:

Judge Angelle Gerl, Co-Chair BJA Remote Proceedings Work Group – CLJ level Email: AGerl@cawh.org

Phone: (509) 244-2773

3.     Purpose of Suggested Rule Amendment

This is a new rule proposed to provide for a default appearance standard as physical appearance in limited jurisdiction courts. This rule works in conjunction with CrRLJ 3.4, ARLJ 3, and other rules authorizing remote appearances.

Until recently, appearances were physical only, with a few exceptions. We had no need to say how participants appeared. If the statewide rule does not adopt a default for in- person, a participant may attempt appear remotely in a court that does not have remote appearances. For example: Petitioner requests vehicle impound hearing and decides to appear remotely at a court which does not have the capacity to conduct an evidentiary hearing remotely. The court maintains the discretion to allow remote appearances or to require someone to appear in-person where there is good cause to do so.

Ultimately this rule was nearly unanimous, but was opposed by the public defense representative in the group who felt as if the presumption of personal appearance was an obstacle to accessing courts, particularly for indigent people and those suffering from some medical or mental health conditions.

4.     Is Expedited Consideration Requested?

Yes. Expedited consideration is essential. The Supreme Court Emergency Order will be lifted soon and some form of amended or new rules addressing remote proceedings should be passed before the Order is lifted. This rule was subject to some lengthy discussion during our meetings and may benefit from a comment period.

5.     Is a Public Hearing Recommended? No.