title: Legal Financial Obligations

text:
GR 39 REMISSION OF LEGAL FINANCIAL OBLIGATIONS (a) Definitions. (1) Legal financial obligation (LFO), as referenced in this rule, means costs, fines, fees, penalties, assessments, and restitution imposed by a Washington court and does not include the RCW 9.94A.780 clerk’s fee for collecting the LFO. (2) “Indigent” is defined in RCW 10.101.010. (b) Relief Available. An individual who has been required to pay LFOs may petition the sentencing court for a waiver of interest and remission or reduction of any unpaid portion of the LFOs, except restitution and mandatory LFOs not subject to remission or reduction, and may request any other relief as allowed by law. The petitioner may also request that the LFOs be removed from a collection agency; request additional time to pay the LFOs; and, excluding restitution and mandatory LFOs not subject to remission or reduction, request payment by community service or other forms of community restitution if available in the community. (c) Indigence or Inability To Pay. A petition shall allege that the petitioner is indigent or lacks the financial ability to pay the LFO. Provided, a petitioner is not required to show indigence or the lack of ability to pay an LFO when making a request to waive interest on a nonrestitution LFO pursuant to RCW 10.82.090. (d) Mandatory Form and Notice. The petitioner shall complete and file a mandatory pattern form petition, declaration of mailing and proposed order created by the Administrative Office of the Courts (AOC). The petitioner may attach appropriately redacted financial documents supporting the request. See GR 31(e). The petitioner shall also mail copies of the petition, declaration of mailing, and proposed order to the appropriate prosecuting attorney. (e) Submission of Petition; Fee. The court shall accept the petition submitted in person, by mail, or, where authorized by local court rule not inconsistent with GR 30, by electronic filing. All petitions shall be presented to a judicial officer for consideration in a timely manner and there shall be no fee imposed for filing and consideration of a petition. (f) Hearings; Notice. The judicial officer may set the petition for a hearing, or may consider the petition ex parte without a hearing no sooner than three business days from filing of the petition and declaration of mailing or the filing of the declaration of mailing, if filed after the petition. Provided, when the appropriate prosecuting authority files a letter with a presiding judge requesting notice of all petitions filed pursuant to this rule, the court shall set all such petitions for hearing and send the notice of hearing to all parties. In the letter provided to the presiding judge, the prosecuting authority, however, may limit the notice requested to select cases, such as cases where the fine or costs are greater than a specified amount. (g) Telephonic Hearing. Hearings by telephone or video conference improve access to the courts. If a petition is set for hearing, upon request, the court in its discretion may permit a telephone or videoconference appearance by the petitioner subject to local court rule and/or local policies. [Adopted effective December 28, 2021; Amended effective October 31, 2023; August 6, 2024.]

Court of Washington, County/City of No. ______________________ , Plaintiff,

Petition re: Legal Financial Obligations (PT)

v. __________________________________, Defendant. DOB. Use this form to ask the Court to waive or reduce the amount you owe, or to remove your Legal Financial Obligations (LFOs) from collections.

Petition re: Legal Financial Obligation The undersigned requests that the sentencing court grant an order that will 1.

Jurisdiction [ ] I declare, to the best of my knowledge, that more than 10 years have passed since I completed the jail or prison sentence (total confinement) imposed in this case. I ask the court to review whether it has jurisdiction to collect remaining LFOs, restitution, and interest. (RCW 3.66.120; RCW 6.17.020(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008)). [ ] I declare, to the best of my knowledge, that I did not receive a jail or prison sentence (total confinement) in this case. I ask the court to review whether it has jurisdiction to collect remaining LFOs, restitution, and interest. (RCW 3.66.120; RCW 6.17.020(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008)). [ ] I declare, to the best of my knowledge, that fewer than 10 years have passed since I completed the jail or prison sentence (total confinement) imposed in this case. I ask the court to review whether it has jurisdiction to collect remaining LFOs, restitution, and interest. (RCW 3.66.120; RCW 6.17.020(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008)).

2.

Reduce or Waive LFOs A. LFO Relief Available Regardless of Ability to Pay (Check all that apply) [ ] Collection. I request that the court remove my unpaid LFOs from collection and waive all collection fees. RCW 19.16.500(1)(b); RCW 36.18.190; GR 39. [ ] LFO Interest. I request that the court waive all unpaid interest on my LFOs that are not restitution. RCW 10.82.090(3)(a). [ ] DNA Fee. I request that the court waive the DNA fee. RCW 43.43.7541(2). [ ] Restitution Interest After Payment of Original Amount Owed (Principal Balance). I have paid the original amount owed (principal balance) of my restitution in full. All that remains of my restitution obligation is the added (accrued) interest. I ask that the court waive or reduce the remaining interest on my restitution. RCW 10.82.090(3)(b).

B. LFO Relief Due to Inability to Pay (Indigency) [ ] Waiver or Reduction of LFOs. I request that all unpaid optional (discretionary) LFOs be waived or reduced. RCW 7.68.035(5); RCW 9.94A.6333(3)(f); RCW 10.01.160(4) (limited to costs); RCW 10.01.180(5). [ ] Restitution Owed To An Insurer or State Agency. I request that the court waive or reduce restitution and added (accrued) interest owed to an insurer or a state agency (other than the Department of Labor and Industries). RCW 3.66.120; RCW 9.94A.750, .753; RCW 9.92.060, .760; RCW 9.95.210. [ ] Restitution Interest After Release from Total Confinement. I declare that I have been released from jail or prison (total confinement). I ask that restitution interest that accrued during my confinement be reduced or waived. RCW 10.82.090. [ ] Date I entered jail or prison in this case: [ ] Date I was released from jail or prison in this case: [ ] Appellate and Other Costs. I request the court waive appellate and other costs. My failure to pay was not willful and the payment of the costs imposes a manifest hardship on me or my family. RCW 10.01.160(4); 10.73.160(4). 3.

Declaration of Inability to Pay (Indigency) I declare that I have not had enough money to pay all my LFOs and, because of this, my failure to pay them has not been willful. I declare that I am indigent (do not have the ability to pay) because: [ ] I am receiving one of the following types of public assistance (RCW 10.01.160(3)(a)): [ ] Food stamps or food stamp benefits transferred electronically (EBT); [ ] Medicaid (for example, Apple Health); [ ] Supplemental Security Income (SSI); [ ] Temporary Assistance for Needy Families (TANF); [ ] Aged, Blind, or Disabled assistance benefits (ABD); [ ] Pregnant women assistance benefits; [ ] Poverty-related veterans' benefits; [ ] Refugee resettlement benefits; or [ ] Medical care services under RCW 74.09.035. [ ] I am homeless. (RCW 10.01.160(3)(b)). [ ] I have an acute, chronic, or serious mental illness. (RCW 10.01.160(3)(b)). [ ] I am receiving an annual income, after taxes, of 125% or less of the current federally established poverty level. (RCW 10.01.160(3)(a)). You can find the income limits (federally established poverty level) at https://aspe.hhs.gov/topics/poverty-economicmobility/poverty-guidelines; 125% of the federal poverty level can be found here: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=82. [ ] I am receiving an annual income, after taxes, of more than 125% of the federally established poverty level but I have living expenses making me unable to pay the

LFOs imposed. (RCW 10.01.160(3)(c)). You can find the income limits (federally established poverty level) at https://aspe.hhs.gov/topics/poverty-economicmobility/poverty-guidelines. Details:

.

[ ] I am unable to pay my LFOs because of a manifest hardship or compelling circumstances that exist. (RCW 10.01.160(3)(d), (4); RCW 10.73.160(4); RCW 13.40.192). Details:

.

4.

Process for Paying Any LFOs That Will Remain [ ] Additional Time and Payment Plan. I request additional time to pay any remaining LFOs and that I be placed on a payment plan that I can afford directly through the Clerk. I can afford to pay $____________ per month. RCW 9.94A.6333(3)(f); RCW 10.01.170(1); RCW 10.01.180(5). [ ] Community Service to pay LFOs. I request any unpaid discretionary LFOs that are not restitution be converted to community service (restitution) hours through a community restitution program, if available. RCW 9.94A.6333(3)(f); RCW 10.01.160(4) (limited to costs); RCW 10.01.180(5); RCW 46.63.190. [ ] Protected Source of Income. I do not have the ability to pay and request that the court not engage in any active efforts to collect any remaining LFOs. City of Richland v. Wakefield, 186 Wn.2d 596, 607, 380 P.3d 459, 465 (2016). My only income is: [ ] Social Security benefits (retirement, disability, etc.); [ ] Child support payments; or [ ] Benefits from the Department of Veterans Affairs.

5.

Other Relief [ ] In addition to the relief requested above, I request that the court:

6.

Hearing [ ] A. No Hearing. I request that the court rule on my petition without a hearing. [ ] B. Hearing. I ask that the court hold a hearing on my petition. I request to appear at the hearing: [ ] Via videoconference or telephone; or

[ ] In person. 7.

Declaration of Service I mailed or delivered this Petition and a Proposed Order to the Prosecuting Attorney on (date) ____________________.

I declare under penalty of perjury under the laws of the State of Washington that the facts I have provided on this form are true. Signed at (City)

, (State)

on (Date)

____________________________________ Signature of Defendant

Print Name

The following is my contact information: Email:

Street Address or PO Box

Phone:

City

State

Zip

Lawyer (if any) fills out below: Lawyer signs here Lawyer’s Street Address or PO Box Email (if applicable):

Print name and WSBA No.

City

Date

State

Zip

Court of Washington, County/City of

County/City of

,

v.

No. Order re: Legal Financial Obligations (ORWILFO) Clerk Action Required

__________________________________, Defendant. DOB:

Order re: Legal Financial Obligations This Court has considered the defendant’s Motion for Order re: Legal Financial Obligations (LFOs), the defendant’s declaration, and any testimony, and has reviewed the relevant court records. 1.

Jurisdiction

The Court finds: [ ] Time Since Conviction: Ten years have passed since the defendant was convicted in this case (entry of the judgment and sentence). RCW 3.66.120(3); RCW 6.17.020(1); RCW 6.17.020(4); RCW 9.94A.750(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008). [ ] Time Since Release from Jail/Prison or Extension of the Judgment: Ten years have elapsed since the defendant was released from total confinement or extension of the criminal judgment, whichever is later. RCW 3.66.120(3); RCW 6.17.020(4); RCW 9.94A.750(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008). The Court orders: [ ] Expiration of LFO Jurisdiction: The Court is no longer authorized to collect all LFOs and LFO interest. The court may continue to collect any restitution and restitution interest, unless the box “Expiration of Restitution Jurisdiction” is checked below. RCW 6.17.020(1); RCW 6.17.020(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008). [ ] Expiration of Restitution Jurisdiction: The Court is no longer authorized to collect restitution and restitution interest. RCW 3.66.120(3); RCW 6.17.020(4)(a); RCW

9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008). 2.

Reduce or Waive LFOs A. LFO Relief Available Regardless of Ability to Pay

The Court finds: [ ] Restitution Interest After Payment of Principal. The defendant has paid restitution in full. RCW 10.82.090(3)(b). The Court orders: [ ] Collection. The defendant’s LFOs are removed from collections and all collection fees are waived. RCW 19.16.500(1)(b); RCW 36.18.190. [ ] LFO Interest. All unpaid interest, except restitution interest, is waived. RCW 10.82.090(3)(a). [ ] DNA Fee. The DNA fee is waived. RCW 43.43.7541(2). [ ] Restitution Interest Waiver After Payment of Principal. Because the defendant has paid restitution principal in full, all restitution interest is waived. RCW 10.82.090(3)(b). B. LFO Relief Due to Inability to Pay The Court finds: [ ] Inability to Pay. The defendant is indigent and payment of LFOs will impose a manifest hardship on the defendant or their family. The defendant’s failure to timely pay LFOs was not willful. RCW 7.68.035(5); RCW 10.01.160 (3), (4); RCW 10.01.185; RCW 9.94A.6333(3)(c); RCW 10.01.180(5); RCW 10.73.160(4). [ ] Release from Total Confinement. The defendant was released from total confinement in this matter. Entry date: ____________________ Release date: _____________________ [ ] Notice to party entitled to restitution. The prosecuting attorney made reasonable efforts to provide notice of the date and time of the hearing to the victim entitled to the restitution interest and considered the victim’s input regarding financial hardship caused to the victim if interest is reduced or waived, if any. The Court orders:

[ ] Waiver of LFOs. Because the defendant is unable to pay, all discretionary LFOs, except restitution, are waived. RCW 7.68.035(5) (includes Crime Victims Penalty Assessment); RCW 9.94A.6333(3)(f); RCW 10.01.160(3), (4) (relating to costs); RCW 10.01.180(5); RCW 36.18.190. The following LFOs are NOT waived: [ ] Waiver of Restitution Owed to an Insurer or State Agency. Because the defendant is unable to pay and owes restitution to an insurer or state agency (other than the Department of Labor & Industries), the restitution owed is waived. RCW 3.66.120; RCW 9.94A.750, .753; RCW 9.92.060, .760; RCW 9.95.210.

[ ] Waiver of Restitution Interest During Total Confinement. Because the defendant has been released from total confinement and is unable to pay, all restitution interest accrued during the defendant’s period of confinement is waived. RCW 10.82.090(3). [ ] Waiver of Appellate and/or Other Costs. The court waives costs, including appellate costs, if applicable. RCW 10.01.160(4); 10.73.160(4). 3.

Process for Paying Any LFOs That Will Remain

The Court finds: [ ] Protected Source of Income. The defendant’s only source of income is: [ ] Social Security benefits (retirement, disability, etc.); 42 U.S.C.A. § 407 [ ] Child support payments; or RCW 6.15.010 [ ] Benefits from the Department of Veterans Affairs; 38 U.S.C.A. § 1562. The Court orders: [ ] Additional Time and Payment Plan. The defendant shall be placed on a payment plan through the Clerk for all remaining LFOs. Payments shall be made directly to the Clerk. The defendant shall pay $____________ per month. RCW 9.94A.6333(3)(f); RCW 10.01.170(1); RCW 10.01.180(5). [ ] Payment through Community Service. All discretionary LFOs that are not restitution are converted to community restitution hours through a community restitution program at the rate of $______ per hour for each hour of community restitution, if available. RCW 9.94A.6333(3)(f); RCW 10.01.180(5); RCW 46.63.190. [ ] Protected Source of Income. Because the defendant’s only source of income is from a protected source, the Clerk shall not engage in any active efforts to collect any remaining LFOs. The Defendant shall not be required to make any LFO payments, the Clerk shall not mail the Defendant any LFO billing materials, and the Defendant’s account shall not be sent to collections. City of Richland v. Wakefield, 186 Wn.2d 596, 607, 380 P.3d 459, 465 (2016). 4.

Other Relief

The Court orders:

[ ]

To be filled out by Judge: Dated: Judge To be filled out by person filling out this form: Presented by:

Signature of Defendant/Attorney WSBA No.

Print Name

Petition re: Legal Financial Obligation Instructions Use the petition to ask the Court to waive or reduce the amount you owe, or to remove your Legal Financial Obligations (LFOs) from collections. Please fill out any sections that might apply to your case. After you fill out the petition, you should also fill out a proposed order for the judge to sign. That form is called “Order re: Legal Financial Obligations” and instructions for completing that document follow the petition instructions in this document. You must fill out a separate copy of the petition and order for each case you have. Each section, below, includes instructions for filling out the matching section in the petition. 1. Jurisdiction Instructions: If it has been more than 10 years since you were convicted in this case or completed the jail/prison term imposed at your sentencing, the court may be required to cancel some or all of your LFOs. By completing this section, you are asking the court to review whether it is required to cancel any of your LFOs. You should check the first box in this section if it has been more than 10 years since you completed the jail/prison term imposed at your sentencing. If you were sent back to jail or prison for violating probation or community custody, this does not restart the 10 year period. If you have spent time in jail or prison in the past 10 years, but it was not related to this conviction, you can still check the first box. You should check the second box in this section if you were not sentenced to jail or prison time in this case. If you have spent time in jail or prison in the past 10 years, but it was not related to this conviction, you can still check the second box. You should check the third box in this section if it has been fewer than 10 years since you completed the jail/prison term imposed at your sentencing. If you were convicted of Rape of a Child, which resulted in pregnancy, your case has special rules and you should contact an attorney. 2. Reduce or Waive LFOs A. LFO Relief Available Regardless of Ability to Pay Instructions: Anyone filling out this form may ask for relief in Part A. B. LFO Relief Due to Inability to Pay (Indigency) i.

Inability to Pay

Instructions: You can complete this section regardless of whether you completed Part A. However, you may only ask for relief in this section if you are unable to pay. If you don’t know whether you are considered unable to pay, you can review the criteria in Section ii of the Petition (Declaration of Inability to Pay (Indigency)). If you check one of the boxes in that section, you are considered unable to pay. ii.

Declaration

Instructions: You should complete this section if you completed the previous section—"(i) Waive or Reduce LFOs Due to Inability to Pay (Indigency)”. You only need to meet one of the listed criteria to be considered unable to pay. However, in order to give a full picture of your inability to pay to the court, please check all boxes that apply to your life. 3. Process for Paying Any LFOs That Will Remain Instructions: You should fill out this section if you might have LFOs remaining even if the court offers you the relief you have asked for in this petition. For example, if you owe restitution or a mandatory LFO (Victim Penalty Assessment, DNA Fee, etc.) you may have LFOs remaining after the court rules on your motion. If you aren’t sure if you will have LFOs remaining, please fill out this section. You should check the box requesting additional time if you don’t believe you could immediately pay whatever LFOs that remain in a single payment. When filling out this section, you can list any amount that you can afford to pay each month. If your only source of income is from Social Security (retirement, disability, etc.), child support payments, or Department of Veterans Affairs (VA) payments, you are not required to pay any remaining LFOs. In this situation, you will continue to owe your LFOs, but the Court will not require you to make payments or send your account to collections. In the future, if you obtain income from another source, you will be required to pay your remaining LFOs. If your only source of income is from Social Security, child support, or VA payments, you should not check the box in this section titled “Additional Time and Payment Plan.” 4. Other Relief Instructions: Please fill out this section if you would like to request any other relief not included in other sections of the petition. 5.

Hearing

Instructions: You can ask the court to hold a hearing with you present or to decide this motion without a hearing. Please select either box A or box B, but not both. If you check box B, please check which type of hearing you would be able to attend. 6.

Declaration of Service

Instructions: You must deliver a copy of the petition and the form titled, “Order re: Legal Financial Obligations” to the prosecutor. If your case is in Superior or District Court, the prosecutor will be the county prosecuting attorney’s office (for example, Pierce County Prosecuting Attorney’s Office). If your case is in municipal court, the prosecutor will be the city attorney’s office (for example, Tacoma City Attorney’s Office). You should contact the prosecutor or city attorney’s office, explain that you are filing a motion to reduce your legal financial obligations, and ask them how to send them (“serve”) the forms. After you send them the forms, you can complete this section. Next, you should then call the court and ask them how to file your forms with the court. You should then file your forms with the court.

Order re: Legal Financial Obligation Instructions You should fill out the order after you fill out the “Petition re: Legal Financial Obligations.” The order will tell the judge exactly what you are asking them to do. Please fill out all sections that apply to what you’re asking the court to do by checking the boxes next to those sections. This should mostly match what you’re asking for in your petition. Each section, below, includes instructions for filling out the matching section in the order. 1. Jurisdiction The Court finds: Instructions: You should only fill out this section if it has been more than 10 years since you were convicted in this case. If it has been more than 10 years since your conviction, you should check the box titled “Time Since Conviction.” You should also check the box titled “Time Since Release from Jail/Prison or Extension of the Judgment” if it has been more than 10 years since you completed the jail/prison term imposed at your sentencing you were not sentenced to jail or prison time in this case. You can check this box even though you likely don’t know whether the court extended the judgment in your case. If you were convicted of Rape of a Child, which resulted in pregnancy, your case has special rules and you should contact an attorney. The Court orders: If you checked either of the boxes in this previous section (“Time Since Conviction” or “Time Since Release from Jail/Prison or Extension of the Judgment”), you should check the two boxes in this section. It is possible the court may still be allowed to collect LFOs or restitution. If that is the case, the judge will uncheck the boxes in this section before signing the order. 2. Reduce or Waive LFOs A. LFO Relief Available Regardless of Ability to Pay The Court finds: Instructions: You should check the box in this section if you have paid off your restitution principal (the original restitution amount imposed by the court) and all that remains of your restitution obligation is interest. The Court orders: Instructions: You can check multiple boxes in this section. You should check the first box if you would like your LFOs removed from collections and any collections fees to be waived. You should check the second box if you would like all interest, except restitution interest, to be waived. The court is required to waive non-restitution interest if you make this request. This will not affect whether you can request restitution interest waiver in other sections of the form. You should check the third box if you were convicted in Superior Court and would like the court to waive the DNA fee. The court is required to waive the DNA fee if you make this request.

You should check the fourth box if you have paid off your original restitution amount (restitution principal) ordered by the court and would like your restitution interest waived. B. LFO Relief Due to Inability to Pay The Court finds: Instructions: You can check multiple boxes in this section. You should only fill out this section if you are unable to pay your LFOs. You are unable to pay your LFOs if, in the Petition, you checked any of the boxes in the section titled “Declaration of Inability to Pay (Indigency).” If you are unable to pay your LFOs, you should check the first box in this section. You should also check the second box in this section if you are unable to pay your LFOs and are also seeking waiver of restitution interest that accrued while you were in jail or prison. The Court orders: Instructions: You can check multiple boxes in this section. You should check the first box in this section if you are requesting waiver of your LFOs. You do not need to list which required (mandatory) LFOs (if any) will remain. The judge will fill in that information. You should check the second box in this section if you owe restitution to an insurer or state agency (other than the Department of Labor & Industries) and would like it to be waived. This would eliminate all remaining restitution (the initial amount imposed and interest) in your case. You should check the third box in this section if you would like restitution interest that was added to the original amount ordered (accrued) while you were in jail or prison to be waived. 3. Process for Paying Any LFOs That Will Remain Instructions: You should fill out this section if you filled out Section 4 in the Petition (also titled “Process for Paying Any LFOs That Will Remain”). The Court finds: Instructions: You should fill out this section if your only source of income is Social Security benefits, child support payments, or benefits from the Department of Veterans Affairs. Please indicate which type of benefits you receive. The Court orders: Instructions: You should check the first box in this section if you requested additional time to pay your LFOs in Section 4 of the Petition. Please fill in the monthly payment amount you included in your petition. You should check the second box in this section if your only source of income is from Social Security (retirement, disability, etc.), child support payments, or Department of Veterans Affairs payments. In this situation, you will continue to owe your LFOs, but the Court will not require you to make payments or send your account to collections. In the future, if you receive income from another source, you will be required to pay your remaining LFOs.

4. Other Relief Instructions: If you asked for other relief in Section 5 of the Petition, please include the relief you asked for in this section.

[This version of the forms has instructions embedded.] Court of Washington, County/City of No. ______________________ , Plaintiff,

Petition re: Legal Financial Obligations (PT)

v. __________________________________, Defendant. DOB. Use this form to ask the court to waive or reduce the amount you owe, or to remove your Legal Financial Obligations (LFOs) from collections. Please fill out any sections that might apply to your case. After you fill out this form, you should also fill out a proposed order for the judge to sign. That form is called “Order re: Legal Financial Obligations.” You must fill out a separate copy of both forms for each case you have.

Petition re: Legal Financial Obligation The undersigned requests that the sentencing court grant an order that will 1.

Jurisdiction If it has been more than 10 years since you were convicted in this case or completed the jail/prison term imposed at your sentencing, the court may be required to cancel some or all of your LFOs. By completing this section, you are asking the court to review whether it is required to cancel any of your LFOs. You should check the first box if it has been more than 10 years since you completed the jail/prison term imposed at your sentencing. If you were sent back to jail or prison for violating probation or community custody, this does not restart the 10 year period. If you have spent time in jail or prison in the past 10 years, but it was not related to this conviction, you can still check the first box. You should check the second box if you were not sentenced to jail or prison time in this case. If you have spent time in jail or prison in the past 10 years, but it was not related to this conviction, you can still check the second box.

You should check the third box if it has been fewer than 10 years since you completed the jail/prison term imposed at your sentencing. If you were convicted of rape of a child, which resulted in pregnancy, your case has special rules and you should contact an attorney. [ ] I declare, to the best of my knowledge, that more than 10 years have passed since I completed the jail or prison sentence (total confinement) imposed in this case. I ask the court to review whether it has jurisdiction to collect remaining LFOs, restitution, and interest. (RCW 3.66.120; RCW 6.17.020(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008)). [ ] I declare, to the best of my knowledge, that I did not receive a jail or prison sentence (total confinement) in this case. I ask the court to review whether it has jurisdiction to collect remaining LFOs, restitution, and interest. (RCW 3.66.120; RCW 6.17.020(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008)). [ ] I declare, to the best of my knowledge, that fewer than 10 years have passed since I completed the jail or prison sentence (total confinement) imposed in this case. I ask the court to review whether it has jurisdiction to collect remaining LFOs, restitution, and interest. (RCW 3.66.120; RCW 6.17.020(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008)). 2.

Reduce or Waive LFOs A. LFO Relief Available Regardless of Ability to Pay (Check all that apply) Anyone filling out this form may ask for relief in Part 2A. [ ] Collection. I request that the court remove my unpaid LFOs from collection and waive all collection fees. RCW 19.16.500(1)(b); RCW 36.18.190; GR 39. [ ] LFO Interest. I request that the court waive all unpaid interest on my LFOs that are not restitution. RCW 10.82.090(3)(a). [ ] DNA Fee. I request that the court waive the DNA fee. RCW 43.43.7541(2). [ ] Restitution Interest After Payment of Original Amount Owed (Principal Balance). I have paid the original amount owed (principal balance) of my restitution in full. All that remains of my restitution obligation is the added (accrued) interest. I ask that the court waive or reduce the remaining interest on my restitution. RCW 10.82.090(3)(b). B. LFO Relief Due to Inability to Pay (Indigency) You can complete this section regardless of whether you completed Part 2A. However, you may only ask for relief in this section if you are unable to pay. If you don’t know whether you are considered unable to pay, you can review the criteria, below in Section 3 (Declaration of Inability to Pay (Indigency)). If you check one of the boxes in that section, you are considered unable to pay. [ ] Waiver or Reduction of LFOs. I request that all unpaid optional (discretionary) LFOs be waived or reduced. RCW 7.68.035(5); RCW 9.94A.6333(3)(f); RCW 10.01.160(4) (limited to costs); RCW 10.01.180(5). [ ] Restitution Owed To An Insurer or State Agency. I request that the court waive or reduce restitution and added (accrued) interest owed to an insurer or a

state agency (other than the Department of Labor and Industries). RCW 3.66.120; RCW 9.94A.750, .753; RCW 9.92.060, .760; RCW 9.95.210. [ ] Restitution Interest After Release from Total Confinement. I declare that I have been released from jail or prison (total confinement). I ask that restitution interest that accrued during my confinement be reduced or waived. RCW 10.82.090. [ ] Date I entered jail or prison in this case: [ ] Date I was released from jail or prison in this case: [ ] Appellate and Other Costs. I request the court waive appellate and other costs. My failure to pay was not willful and the payment of the costs imposes a manifest hardship on me or my family. RCW 10.01.160(4); RCW 10.73.160(4). 3.

Declaration of Inability to Pay (Indigency) You should complete this section if you completed the previous section—Part 2B. LFO Relief Due to Inability to Pay (Indigency). You only need to meet one of the following criteria to be considered unable to pay. However, in order to give a full picture of your inability to pay to the court, please check all boxes that apply to your life. I declare that I have not had enough money to pay all my LFOs and, because of this, my failure to pay them has not been willful. I declare that I am indigent (do not have the ability to pay) because: [ ] I am receiving one of the following types of public assistance (RCW 10.01.160(3)(a)): [ ] Food stamps or food stamp benefits transferred electronically (EBT); [ ] Medicaid (for example, Apple Health); [ ] Supplemental Security Income (SSI); [ ] Temporary Assistance for Needy Families (TANF); [ ] Aged, Blind, or Disabled assistance benefits (ABD); [ ] Pregnant women assistance benefits; [ ] Poverty-related veterans' benefits; [ ] Refugee resettlement benefits; or [ ] Medical care services under RCW 74.09.035. [ ] I am homeless. (RCW 10.01.160(3)(b)). [ ] I have an acute, chronic, or serious mental illness. (RCW 10.01.160(3)(b)). [ ] I am receiving an annual income, after taxes, of 125% or less of the current federally established poverty level. (RCW 10.01.160(3)(a)). You can find the income limits (federally established poverty level) at https://aspe.hhs.gov/topics/poverty-economicmobility/poverty-guidelines; 125% of the federal poverty level can be found here: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=82. [ ] I am receiving an annual income, after taxes, of more than 125% of the federally established poverty level but I have living expenses making me unable to pay the LFOs imposed. (RCW 10.01.160(3)(c)). You can find the income limits (federally established poverty level) at https://aspe.hhs.gov/topics/poverty-economicmobility/poverty-guidelines.

Details:

[ ] I am unable to pay my LFOs because of a manifest hardship or compelling circumstances that exist. (RCW 10.01.160(3)(d), (4); RCW 10.73.160(4); RCW 13.40.192). Details:

4.

Process for Paying Any LFOs That Will Remain You should fill out this section if you might have LFOs remaining even if the court offers you the relief you have asked for in this petition. For example, if you owe restitution or a mandatory LFO, you may have LFOs remaining after the court rules on your motion. If you aren’t sure if you will have LFOs remaining, please fill out this section. You should check the box requesting additional time if you don’t believe you could immediately pay whatever LFOs that remain in a single payment. When filling out this section, you can list any amount that you can afford to pay each month. If your only source of income is from Social Security (retirement, disability, etc.), child support payments, or Department of Veterans Affairs (VA) payments, you are not required to pay any remaining LFOs. In this situation, you will continue to owe your LFOs, but the court will not require you to make payments or send your account to collections. In the future, if you obtain income from another source, you will be required to pay your remaining LFOs. If your only source of income is from Social Security, child support, or VA payments, you should not check the box below titled “Additional Time and Payment Plan.” [ ] Additional Time and Payment Plan. I request additional time to pay any remaining LFOs and that I be placed on a payment plan that I can afford directly through the Clerk. I can afford to pay $____________ per month. RCW 9.94A.6333(3)(f); RCW 10.01.170(1); RCW 10.01.180(5). [ ] Community Service to pay LFOs. I request any unpaid discretionary LFOs that are not restitution be converted to community service (restitution) hours through a community restitution program, if available. RCW 9.94A.6333(3)(f); RCW 10.01.160(4) (limited to costs); RCW 10.01.180(5); RCW 46.63.190. [ ] Protected Source of Income. I do not have the ability to pay and request that the court not engage in any active efforts to collect any remaining LFOs. City of Richland v. Wakefield, 186 Wn.2d 596, 607, 380 P.3d 459, 465 (2016). My only income is: [ ] Social Security benefits (retirement, disability, etc.); [ ] Child support payments; or [ ] Benefits from the Department of Veterans Affairs.

5.

Other Relief Please fill out this section if you would like to request any other relief not included above.

[ ] In addition to the relief requested above, I request that the court:

.

6.

Hearing You can ask the court to hold a hearing with you present or to decide this motion without a hearing. Please select either box A or box B, but not both. If you check box B, please check which type of hearing you would be able to attend. [ ] A. No Hearing. I request that the court rule on my petition without a hearing. [ ] B. Hearing. I ask that the court hold a hearing on my petition. I request to appear at the hearing: [ ] Via videoconference or telephone; or [ ] In person.

7.

Declaration of Service You must deliver a copy of this form and the form titled “Order re: Legal Financial Obligations” to the prosecutor. If your case is in Superior or District Court, the prosecutor will be the county prosecuting attorney’s office (for example, Pierce County Prosecuting Attorney’s Office). If your case is in municipal court, the prosecutor will be the city attorney’s office (for example, Tacoma City Attorney’s Office). You should contact the prosecutor or city attorney’s office, explain that you are filing a motion to reduce your legal financial obligations, and ask them how to send them (“serve”) the forms. After you send them the forms, you can complete this section. Next, you should then call the court and ask them how to file your forms with the court. You should then file your forms with the court. I mailed or delivered this Petition and a Proposed Order to the Prosecuting Attorney on (date) ____________________.

I declare under penalty of perjury under the laws of the State of Washington that the facts I have provided on this form are true. Signed at (City)

, (State)

on (Date)

____________________________________ Signature of Defendant

Print Name

The following is my contact information: Email:

Street Address or PO Box

Phone:

City

State

Zip

Lawyer (if any) fills out below: Lawyer signs here

Print name and WSBA No.

Date

Lawyer’s Street Address or PO Box Email (if applicable):

City

State

Zip

[This version of the forms has instructions embedded.] Court of Washington, County/City of

County/City of

,

v.

No. Order re: Legal Financial Obligations (ORWILFO) Clerk Action Required

__________________________________, Defendant. DOB: You should fill out this document after you fill out the “Petition re: Legal Financial Obligations.” This document will tell the judge exactly what you are asking them to do. There are instructions in each section of the form. Please fill out any sections that apply to what you are asking the court to do by checking the boxes next to those sections. This should mostly match what you are asking for in your petition.

Order re: Legal Financial Obligations This Court has considered the defendant’s Motion for Order re: Legal Financial Obligations (LFOs), the defendant’s declaration, and any testimony, and has reviewed the relevant court records. 1.

Jurisdiction

The Court finds: You should only fill out this section if it has been more than 10 years since you were convicted in this case. If it has been more than 10 years since your conviction, you should check the box “Time Since Conviction.” You should also check the box titled “Time Since Release from Jail/Prison or Extension of the Judgment” if it has been more than 10 years since you completed the jail/prison term imposed at your sentencing or you were not sentenced to jail or prison time in this case. You can check this box even though you likely don’t know whether the court extended the judgment in your case. If you were convicted of rape of a child, which resulted in pregnancy, your case has special rules and you should contact an attorney. You should refer to the instruction packet for more information.

[ ] Time Since Conviction: Ten years have passed since the defendant was convicted in this case (entry of the judgment and sentence). RCW 3.66.120(3); RCW 6.17.020(1); RCW 6.17.020(4); RCW 9.94A.750(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008). [ ] Time Since Release from Jail/Prison or Extension of the Judgment: Ten years have elapsed since the defendant was released from total confinement or extension of the criminal judgment, whichever is later. RCW 3.66.120(3); RCW 6.17.020(4); RCW 9.94A.750(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008). The Court orders: If you checked either of the boxes above, you should check the two boxes below. It is possible the court may still be allowed to collect LFOs or restitution. If that is the case, the judge will uncheck the boxes below before signing the order. [ ] Expiration of LFO Jurisdiction: The Court is no longer authorized to collect all LFOs and LFO interest. The court may continue to collect any restitution and restitution interest, unless the box “Expiration of Restitution Jurisdiction” is checked below. RCW 6.17.020(1); RCW 6.17.020(4); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008). [ ] Expiration of Restitution Jurisdiction: The Court is no longer authorized to collect restitution and restitution interest. RCW 3.66.120(3); RCW 6.17.020(4)(a); RCW 9.94A.753(4); RCW 9.94A.760(5); State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525, 528 (2008). 2.

Reduce or Waive LFOs A. LFO Relief Available Regardless of Ability to Pay

The Court finds: You should check the box below if you have paid off your restitution principal (the original restitution amount imposed by the court) and all that remains of your restitution obligation is interest. [ ] Restitution Interest After Payment of Principal. The defendant has paid restitution in full. RCW 10.82.090(3)(b). The Court orders: You can check multiple boxes in this section. You should check the first box if you would like your LFOs removed from collections and any collections fees to be waived. You should check the second box if you would like all interest, except restitution interest, to be waived. The court is required to waive non-restitution interest if you make this request. This will not affect whether you can request a restitution interest waiver in other sections of the form. You should check the third box if you were convicted in Superior Court and would like the court to waive the DNA fee. The court is required to waive the DNA fee if you make this request. You should check the fourth box if you have paid off your original restitution amount (restitution principal) ordered by the court and would like your restitution interest waived.

[ ] Collection. The defendant’s LFOs are removed from collections and all collection fees are waived. RCW 19.16.500(1)(b); RCW 36.18.190. [ ] LFO Interest. All unpaid interest, except restitution interest, is waived. RCW 10.82.090(3)(a). [ ] DNA Fee. The DNA fee is waived. RCW 43.43.7541(2). [ ] Restitution Interest Waiver After Payment of Principal. Because the defendant has paid restitution principal in full, all restitution interest is waived. RCW 10.82.090(3)(b). B. LFO Relief Due to Inability to Pay The Court finds: You can check multiple boxes in this section. You should only fill out this section if you are unable to pay your LFOs. You are unable to pay your LFOs if, in the Petition, you checked any of the boxes in the section titled “Declaration of Inability to Pay (Indigency).” If you are unable to pay your LFOs, you should check the first box below. You should also check the second box in this section if you are unable to pay your LFOs and are also seeking waiver of restitution interest that accrued while you were in jail or prison. [ ] Inability to Pay. The defendant is indigent and payment of LFOs will impose a manifest hardship on the defendant or their family. The defendant’s failure to timely pay LFOs was not willful. RCW 7.68.035(5); RCW 10.01.160 (3), (4); RCW 10.01.185; RCW 9.94A.6333(3)(c); RCW 10.01.180(5); RCW 10.73.160(4). [ ] Release from Total Confinement. The defendant was released from total confinement in this matter. Entry date: __________________ Release date: ____________________ [ ] Notice to party entitled to restitution. The prosecuting attorney made reasonable efforts to provide notice of the date and time of the hearing to the victim entitled to the restitution interest and considered the victim’s input regarding financial hardship caused to the victim if interest is reduced or waived, if any. The Court orders: You can check multiple boxes in this section. You should check the first box if you are requesting waiver of your LFOs. You do not need to list which required (mandatory) LFOs (if any) will remain. The judge will fill in that information. You should check the second box if you owe restitution to an insurer or state agency (other than the Department of Labor & Industries) and would like it to be waived. This would eliminate all remaining restitution (the initial amount imposed and interest) in your case. You should check the third box if you would like restitution interest that was added to the original amount ordered (accrued) while you were in jail or prison to be waived.

[ ] Waiver of LFOs. Because the defendant is unable to pay, all discretionary LFOs, except restitution, are waived. RCW 7.68.035(5) (includes Crime Victims Penalty Assessment); RCW 9.94A.6333(3)(f); RCW 10.01.160(3), (4) (relating to costs); RCW 10.01.180(5); RCW 36.18.190. The following LFOs are NOT waived:

[ ] Waiver of Restitution Owed to an Insurer or State Agency. Because the defendant is unable to pay and owes restitution to an insurer or state agency (other than the Department of Labor & Industries), the restitution owed is waived. RCW 3.66.120; RCW 9.94A.750, .753; RCW 9.92.060, .760; RCW 9.95.210. [ ] Waiver of Restitution Interest During Total Confinement. Because the defendant has been released from total confinement and is unable to pay, all restitution interest accrued during the defendant’s period of confinement is waived. RCW 10.82.090(3). [ ] Waiver of Appellate and/or Other Costs. The court waives costs, including appellate costs, if applicable. RCW 10.01.160(4); 10.73.160(4). 3.

Process for Paying Any LFOs That Will Remain

You should fill out this section if you filled out Section 4 in the Petition (also titled “Process for Paying Any LFOs That Will Remain”). The Court finds: Instructions: You should fill out this section if your only source of income is Social Security benefits, child support payments, or benefits from the Department of Veterans Affairs. Please indicate which type of benefits you receive. [ ] Protected Source of Income. The defendant’s only source of income is: [ ] Social Security benefits (retirement, disability, etc.); 42 U.S.C.A. § 407 [ ] Child support payments; or RCW 6.15.010 [ ] Benefits from the Department of Veterans Affairs; 38 U.S.C.A. § 1562. The Court orders: You should check the first box, below, if you requested additional time to pay your LFOs in Section 4 of the Petition. Please fill in the monthly payment amount you included in your petition. You should check the second box if your only source of income is from Social Security (retirement, disability, etc.), child support payments, or Department of Veterans Affairs payments. In this situation, you will continue to owe your LFOs, but the Court will not require you to make payments or send your account to collections. In the future, if you receive income from another source, you will be required to pay your remaining LFOs. Instructions for Judges: If a defendant’s only source of income is from Social Security, child support, or the Department of Veterans Affairs, federal law and caselaw prohibit the Clerk from taking any active efforts to collect that money. City of Richland v. Wakefield, 186 Wn.2d 596, 607, 380 P.3d 459, 465 (2016). [ ] Additional Time and Payment Plan. The defendant shall be placed on a payment plan through the Clerk for all remaining LFOs. Payments shall be made directly to the Clerk. The defendant shall pay $____________ per month. RCW 9.94A.6333(3)(f); RCW 10.01.170(1); RCW 10.01.180(5). [ ] Payment through Community Service. All discretionary LFOs that are not restitution are converted to community restitution hours through a community restitution program at the rate of $______ per hour for each hour of community restitution, if available. RCW 9.94A.6333(3)(f); RCW 10.01.180(5); RCW 46.63.190.

[ ] Protected Source of Income. Because the defendant’s only source of income is from a protected source, the Clerk shall not engage in any active efforts to collect any remaining LFOs. The Defendant shall not be required to make any LFO payments, the Clerk shall not mail the Defendant any LFO billing materials, and the Defendant’s account shall not be sent to collections. City of Richland v. Wakefield, 186 Wn.2d 596, 607, 380 P.3d 459, 465 (2016). 4.

Other Relief

If you asked for other relief in Section 5 of the Petition, please include the relief you asked for below. The Court orders:

[ ]

To be filled out by Judge: Dated: Judge To be filled out by person filling out this form: Presented by: Signature of Defendant/Attorney WSBA No. Print Name

citation: GR GR 39

rule_number: GR 39


doc_type: court-rule

jurisdiction: wa

title: Informal Family Law Trials (IFLT)

text:
GR 40 INFORMAL FAMILY LAW TRIALS (IFLT) (1) Upon the consent of both parties and with approval of the court, Informal Family Law Trials (IFLT) may be held to resolve any or all issues in original actions or modification for dissolution of marriage, separate maintenance, invalidity, child support, parenting plans, residential schedules, relocation, child custody, and other family law matters as established by statute. (2) The parties may select an IFLT within 30 days before trial or trial setting if no trial date is set at filing, or as otherwise directed by local court rule. Parties must file a “Trial Process Selection and Waiver” for IFLT that is in substantial compliance with the attached model form. This form shall be accepted by all superior courts but may be modified to conform to local rule practices, provided local rule practices do not nullify this rule and/or the implementation of this rule. (3) When a trial is conducted pursuant to this rule, in accordance with ordinary trial management, the trial judge shall retain discretion to modify any of these procedures as justice and fundamental fairness require, with prior notice to the parties. (a) At the beginning of an IFLT, the parties will be asked to affirm that they understand the rules and procedures of the IFLT process, they are consenting to this process freely and voluntarily, and they have not been threatened or promised anything for agreeing to the IFLT process. Parties must affirm that they waive the right to appeal the court’s use of the IFLT process and the court’s admission of evidence pursuant to the IFLT process that is not consistent with the traditional court process, court rules, and Rules of Evidence. However, nothing in this rule prevents a party from filing a direct appeal of any final judgment or order at the conclusion of the IFLT. (b) The court may ask the parties or their lawyers for a brief summary of the issues to be decided. (c) The moving party will be allowed to address the court under oath concerning all issues in dispute. A represented party is not questioned by their counsel but may be questioned by the court to develop evidence required by any statute or rule; for example, the applicable requirements of the Washington State Child Support Schedule if child support is at issue. A party may also present up to five declarations (limited to 20 pages total) from laypersons who would otherwise be called as witnesses. (d) The parties will not be subject to cross-examination unless permitted by the court. However, the court will ask the nonmoving party or their counsel whether there are any other areas the party wishes the court to inquire about. The court will inquire into these areas if requested and if relevant to an issue to be decided by the court. (e) The process in subsections (3)(c) and (3)(d) is then repeated for the other party.

(f) Expert reports will be received as exhibits. Upon request of either party, the expert will be sworn and subjected to questioning by counsel, the parties, or the court. (g) The Rules of Evidence shall not apply to the proceedings. The judicial officer hearing the matter shall determine the credibility and weight of the evidence that is offered. (h) The court shall receive and admit exhibits offered by the parties. The court will determine what weight, if any, is given to each exhibit. The court may order the record to be supplemented. The process for submitting, filing, and storing exhibits shall be governed by local rule. (i) The parties or their counsel shall then be offered the opportunity to respond briefly to the statements of the other party. (j) The parties or their counsel shall be offered the opportunity to make a brief legal argument. (k) At the conclusion of the case, the court shall make its ruling or may take the matter under advisement and make every effort to issue prompt rulings no later than the 90-day statutory requirement. Findings shall be made and orders entered consistent with statutes and case law. (l) The court may modify these trial procedures as justice and fundamental fairness require. (4) The court may refuse to allow the parties to utilize the IFLT, or a party who has previously agreed to proceed with an IFLT may file a motion to opt out of the IFLT at any time, including after an IFLT has started but before a ruling has been issued. (a) If the parties request an IFLT after a traditional trial has started, the court should consider whether enforcement of traditional trial rules after the IFLT has started will prejudice either party or the best interests of any child. The decision to continue with a traditional trial shall be left to the discretion of the judicial officer hearing the matter. (b) A change in the type of trial to be held may result in a change of the trial date. [Adopted effective January 1, 2023.]

Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case):

No. Family Law Informal Trial Selection

And Respondent/s (other party/parties):

(FLITS) Clerk’s Action Required

Family Law Informal Trial Selection Use this form if you want an Informal Trial instead of a Traditional Trial. You must file this form 30 days before the trial date (or trial setting if no trial date is scheduled). Here are some of the differences between the two types of trials: 

In a Traditional Trial, both parties are allowed to call witnesses and to cross-examine the opposing witnesses. The Rules of Evidence apply.



In an Informal Trial, the judge, not the parties, questions the witnesses. Other than the parties, only expert witnesses are allowed. The Rules of Evidence do not apply. Instead, the process follows General Rule 40.

I have reviewed the Two Kinds of Family Law Trial brochure attached to this form. 1.

I want an Informal Trial. I am the (check one) [ ] Petitioner [ ] Respondent I understand that if the other party does not agree to an Informal Trial, we will have a Traditional Trial.

2.

I understand that an Informal Trial works like this: 

Both parties will give a brief summary of the issues that need to be decided. Both parties will speak to the judge under oath about the issues in the case (examples: how to divide property and debt, parenting plan, child support, spousal support).



Both parties will have an opportunity to respond to the other party’s statement and explain how the law applies to their case.



There is no cross-examination. The judge may ask questions.



Most of the time, the 2 people in the case are the only witnesses in an Informal Trial. Sometimes a party needs an expert witness (someone with special training and

GR 40 Mandatory Form (01/2023) FL All Family 184

Informal Family Law Trial Selection p. 1 of 2

education) to give an opinion, which is allowed in informal trials. The parties or their lawyers may ask experts questions. An expert’s report will be received as an exhibit.

3.



Nonexpert witnesses are not allowed. Instead, each party may submit up to 5 declarations from other people with a maximum page count of 20 pages. Also, each party can submit any document or other evidence they want the judge to review.



The judge will decide what credibility and weight to give documents, physical evidence, and testimony that is entered as evidence during the Informal Trial. The judge is not bound by the Rules of Evidence.



The judge will follow the same law to decide the case, whether it is an Informal or Traditional Trial.

Expert witnesses (check one) [ ] I do not want an evaluator or other expert witness to testify at my trial. [ ] I want an evaluator (CASA, GAL, or FCS) to be a witness at my trial. [ ] I want another type of expert to testify at my trial. (Name) has expertise in and has information relevant to my case. [ ] I have filed the report they prepared for my case.

4.

I give up my right to a Traditional Trial. By agreeing to an Informal Trial, I agree to the following: 

Voluntary. My participation in an Informal Trial is strictly voluntary. No one can force me to agree to this process. I have not been threatened or promised anything for agreeing to an Informal Trial.



Format. The normal question and answer format of trial will not be used. The judge may ask me questions about the case. The other party and I can both tell the judge anything we feel is relevant.



Rules. The Rules of Evidence will not apply in this Informal Trial. I will follow the procedures of GR 40, the rule on Informal Family Law Trials.



Evidence. Neither party will call any witnesses except for experts.



No appeal of the process. I give up my right to appeal the judge’s use of the Informal Family Law Trial process. I still have a right to appeal the final decision.

Signed on (date) Signature

GR 40 Mandatory Form (01/2023) FL All Family 184

. Printed Name

Informal Family Law Trial Selection p. 2 of 2

TWO KINDS OF FAMILY LAW TRIALS Do you have a family law trial coming up? If you do, you have a choice to make.

There are two different kinds of family law trials in Family Court. A family law trial is about divorce, legal separation, parenting plans, relocation, or child support. The two types of trials are called an Informal Family Law Trial (Informal Trial) and a Traditional Trial. You decide which type of trial is best for you.

What are the differences between Informal Trials and Traditional Trials? Informal Trials

Traditional Trials

How formal is the trial?

Less formal

More formal

How easy is this type of trial for a person who does not have a lawyer?

Easier

Harder

What evidence does the judge consider?

The judge decides what is important. You can talk to the judge about things that may not be allowed under the Rules of Evidence, like conversations you had with people outside the courtroom (hearsay). You can bring sworn statements from people who support your case, as well as other evidence or documents.

The parties need to follow the Rules of Evidence and make formal objections if they want to stop the judge from considering evidence.

Who asks questions?

Usually, only the judge.

Mainly the parties or their lawyers, but the judge can also ask witnesses questions.

Can I talk directly to the judge?

Yes.

Not usually. You can usually only talk to the judge during opening and closing arguments, and the other party can object while you are talking to the judge.

Who are the witnesses in the case?

Usually only the parties in the case and the Guardian ad Litem, if there is one. You can ask the judge to allow other expert witnesses, like a doctor or counselor.

Whoever you or the other party lists as a witness before trial starts.

Can I ask the witnesses questions?

No. This means that the other party or their lawyer can’t interrupt you when you talk to the judge.

Yes. This means that you can ask the witness to talk about what you think is important.

GR 40 Mandatory Form (01/2023) FL All Family 184

Informal Family Law Trial Selection Brochure

GR 40 Mandatory Form (01/2023) FL All Family 184

Informal Family Law Trial Selection Brochure

license: public-domain-government-work

citation: GR GR 40

rule_set: GR

rule_number: GR 40


title: Jury Selection by Using Remote Technology

text: GR 41 JURY SELECTION BY USING REMOTE TECHNOLOGY (a) Scope of rule. This rule addresses the procedures for conducting jury selection using remote technology. (b) Jury selection using remote technology. In all cases, jury selection may be conducted using remote technology in which all participants can simultaneously see, hear, and speak with each other. The technology should be of sufficient quality to ensure participants are easily seen and understood. (c) Procedures prior to jury selection. The court may divide the venire into smaller groups and determine the number of remote participants per voir dire session. The court shall confirm with prospective jurors that they can participate in jury selection using remote technology. The court shall not excuse potential jurors from jury service who cannot participate in jury selection using remote technology due to lack of resources or access and shall arrange for alternative methods, including but not limited to in-person voir dire, for such potential jurors. (d) Juror remote appearance. The juror’s demeanor and appearance shall remain their own as if they were in person and shall not be manipulated or altered. [Adopted effective July 9, 2024.]

citation: GR GR 41

rule_number: GR 41


title: Independence of Public Defense Services

text:
GR 42 INDEPENDENCE OF PUBLIC DEFENSE SERVICES (a) Purpose and Policy. The purpose of this rule is to safeguard the independence of public defense services from judicial influence or control. Consistent with the right to counsel as provided in article I, sections 3 and 22 of the Washington State Constitution and in Washington statutes, it is the policy of the judiciary to develop rules that further the fair and efficient administration of justice. In promulgating this rule, the Washington Supreme Court seeks to prevent conflicts of interest that may arise if judges control the selection of public defense administrators or the attorneys who provide public defense services, the management and oversight of public defense services, and the assignment of attorneys in individual cases. (b) Scope. This rule applies to superior courts and courts of limited jurisdiction. (c) Selection of the public defense administrator and public defense attorneys. Judges and judicial staff in superior courts and courts of limited jurisdiction shall not select public defense administrators or the attorneys who provide public defense services. (d) Management and oversight of public defense services. (1) Judges and judicial staff in superior courts and courts of limited jurisdiction shall neither manage nor oversee public defense services, including public defense contracts and assigned counsel lists. Judges should encourage local governments to have attorneys with public defense experience manage and oversee public defense services. (2) The terms “manage” and “oversee” include: drafting, awarding, renewing, and terminating public defense contracts; adding attorneys or removing them from assigned counsel lists; developing or issuing case weighting policies; monitoring attorney caseload limits and case-level qualifications; monitoring compliance with contracts, policies, procedures and standards; and recommending compensation. (e) Assignment of public defense attorneys in individual cases. (1) Consistent with federal and state constitutions, applicable statutes and rules of court, the role of judges and their staff in the assignment of a specific attorney in an individual case is to (a) determine whether a party is eligible for appointment of counsel by making a finding of indigency or other finding that a party is entitled to counsel; or (b) refer the party for an indigency determination; and (c) refer the party to a public defense agency or a public defense administrator to designate a qualified attorney. Alternatively, a public defense administrator may, prior to a court hearing where eligibility is determined, designate a qualified attorney to be appointed if the court finds the party is eligible. (2) If there is no public defense agency or administrator, a judicial officer should appoint a qualified attorney, on a rotating basis, from an independently established list of assigned counsel or contractors. (3) If no qualified attorney on the list is available, a judicial officer shall appoint an attorney who meets the qualifications in the Supreme Court Standards for Indigent Defense.

(f) Necessary services and substitution of counsel. This rule does not limit a judicial officer’s authority to grant a motion for necessary investigative, expert, or other services, or to appoint counsel in individual cases when substitution of counsel is required or requested. Substitution of counsel should be made as provided in (e) above. Comments [1] This rule does not alter judges’ obligation to ensure that public defense attorneys have certified their compliance with the Supreme Court’s Standards for Indigent Defense. [2] This rule does not preclude judges from communicating information about a public defense attorney’s performance to the public defense agency or administrator. Following such communication, judges shall have no role in determining what actions, if any, the public defense agency or administrator takes in response to that communication. [3] This rule does not preclude judges from providing information on an attorney’s performance, in response to requests from public defense agencies or administrators, requests from the Washington State Bar Association, and for example, requests for information made by a judicial candidate evaluation committee. [Adopted effective January 1, 2023.]

citation: GR GR 42

rule_number: GR 42


title: Personal Pronouns

text:
GR 43 PERSONAL PRONOUNS (a) Policy and Purpose. The purpose of this rule is to promote inclusive practices in courtrooms and court filing procedures. (b) Scope. This rule applies to all courts of the State of Washington. (c) Option to Indicate Personal Pronouns on Court Filings. Any person’s personal pronouns may be indicated in the text of filed documents. A signing attorney or party may indicate their personal pronouns in the signature block and on the title page of filed documents.

[Adopted effective June 27, 2023.]

citation: GR GR 43

rule_number: GR 43


title: Table of Contents

text:
WASHINGTON STATE CODE OF JUDICIAL CONDUCT (CJC) TABLE OF CONTENTS PREAMBLE SCOPE APPLICATION TERMINOLOGY CANON 1 A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY. RULE 1.1 RULE 1.2 RULE 1.3

Compliance with the Law Promoting Confidence in the Judiciary Avoiding Abuse of the Prestige of Judicial Office

CANON 2 A JUDGE SHOULD PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY, COMPETENTLY, AND DILIGENTLY. RULE 2.1 RULE 2.2 RULE 2.3 RULE 2.4 RULE 2.5 RULE 2.6 RULE 2.7 RULE 2.8 RULE 2.9 RULE 2.10 RULE 2.11 RULE 2.12 RULE 2.13 RULE 2.14 RULE 2.15 RULE 2.16

Giving Precedence to the Duties of Judicial Office Impartiality and Fairness Bias, Prejudice, and Harassment External Influences on Judicial Conduct Competence, Diligence, and Cooperation Ensuring the Right To Be Heard Responsibility To Decide Decorum, Demeanor, and Communication with Jurors Ex Parte Communications Judicial Statements on Pending and Impending Cases Disqualification Supervisory Duties Administrative Appointments Disability and Impairment Responding to Judicial and Lawyer Misconduct Cooperation with Disciplinary Authorities

CANON 3 A JUDGE SHALL CONDUCT THE JUDGE’S PERSONAL AND EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH THE OBLIGATIONS OF JUDICIAL OFFICE. RULE 3.1 RULE 3.2 RULE 3.3 RULE 3.4 RULE 3.5 RULE 3.6 RULE 3.7

Extrajudicial Activities in General Appearances before Governmental Bodies and Consultation with Government Officials Testifying as Character Witness Appointments to Governmental Positions Use of Nonpublic Information Affiliation with Discriminatory Organizations Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities

RULE 3.8 RULE 3.9 RULE 3.10 RULE 3.11 RULE 3.12 RULE 3.13 RULE 3.14 RULE 3.15

Appointments to Fiduciary Positions Service as Arbitrator or Mediator Practice of Law Financial, Business, or Remunerative Activities Compensation for Extrajudicial Activities Acceptance and Reporting of Gifts, Loans, Bequests, Benefits, or Other Things of Value Reimbursement of Expenses and Waivers of Fees or Charges Reporting Requirements

CANON 4 A JUDGE OR CANDIDATE FOR JUDICIAL OFFICE SHALL NOT ENGAGE IN POLITICAL OR CAMPAIGN ACTIVITY THAT IS INCONSISTENT WITH THE INDEPENDENCE, INTEGRITY, OR IMPARTIALITY OF THE JUDICIARY. RULE 4.1 RULE 4.2 RULE 4.3 RULE 4.4 RULE 4.5

Political and Campaign Activities of Judges and Judicial Candidates in General Political and Campaign Activities of Judicial Candidates in Public Elections Activities of Candidates for Appointive Judicial Office Campaign Committees Activities of Judges Who Become Candidates for Nonjudicial Office

[Adopted effective January 1, 2011.]

citation: CJC CJC TOC

rule_set: CJC

rule_number: CJC TOC


title: Preamble

text:
Washington State Code of Judicial Conduct (CJC) PREAMBLE [1] An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of judges of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in all the Rules contained in this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. [2] Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence. [3] The Washington State Code of Judicial Conduct establishes standards for the ethical conduct of judges and judicial candidates. It is not intended as an exhaustive guide. The Code is intended, however, to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct, and to provide a basis for regulating their conduct through the Commission on Judicial Conduct. [Adopted effective January 1, 2011; Amended effective August 8, 2023.]

1

citation: CJC CJC preamble

rule_number: CJC preamble


title: Scope

text:
Washington State Code of Judicial Conduct (CJC) SCOPE [1] The Washington State Code of Judicial Conduct consists of four Canons, numbered Rules under each Canon, and Comments that generally follow and explain each Rule. Scope and Terminology sections provide additional guidance in interpreting and applying the Code. An Application section establishes when the various Rules apply to a judge or judicial candidate. [2] The Canons state overarching principles of judicial ethics that all judges must observe. They provide important guidance in interpreting the Rules. A judge may be disciplined only for violating a Rule. [3] The Comments that accompany the Rules serve two functions. First, they provide guidance regarding the purpose, meaning, and proper application of the Rules. They contain explanatory material and, in some instances, provide examples of permitted or prohibited conduct. Comments neither add to nor subtract from the binding obligations set forth in the Rules. Therefore, when a Comment contains the term “must,” it does not mean that the Comment itself is binding or enforceable; it signifies that the Rule in question, properly understood, is obligatory as to the conduct at issue. [4] Second, the Comments identify aspirational goals for judges. To implement fully the principles of this Code as articulated in the Canons, judges should strive to exceed the standards of conduct established by the Rules, holding themselves to the highest ethical standards and seeking to achieve those aspirational goals, thereby enhancing the dignity of the judicial office. [5] The Rules of the Washington State Code of Judicial Conduct are rules of reason that should be applied consistent with constitutional requirements, statutes, other court rules, and decisional law, and with due regard for all relevant circumstances. The Rules should not be interpreted to impinge upon the essential independence of judges in making judicial decisions. [6] Although the black letter of the Rules is binding and enforceable, it is not contemplated that every transgression will result in the imposition of discipline. It is recognized, for example, that it would be unrealistic to sanction judges for minor traffic or civil infractions. Whether discipline should be imposed should be determined through a reasonable and reasoned application of the Rules. The relevant factors for consideration should include the seriousness of the transgression, the facts and circumstances that existed at the time of the transgression, including the willfulness or knowledge of the impropriety of the action, the extent of any pattern of improper activity, whether there have been previous violations, and the effect of the improper activity upon the judicial system or others. [7] The Code is not designed or intended as a basis for civil or criminal liability. Neither is it intended to be the basis for litigants to seek collateral remedies against each other or to obtain tactical advantages in proceedings before a court. [Adopted effective January 1, 2011.]

1

citation: CJC CJC scope

rule_number: CJC scope


title: Application

text:
CJC APPLICATION The Application section establishes when the various Rules apply to a judge, court commissioner, or judge pro tempore. I. APPLICABILITY OF THIS CODE (A) A judge, within the meaning of this Code, is anyone who is authorized to perform judicial functions, including an officer such as a magistrate, court commissioner, part-time judge or judge pro tempore. (B) The provisions of the Code apply to all judges except as otherwise noted for part-time judges and judges pro tempore. (C) All judges shall comply with statutory requirements applicable to their position with respect to reporting and disclosure of financial affairs. Comments [1] The Rules in this Code have been formulated to address the ethical obligations of any person who serves a judicial function, and are premised upon the supposition that a uniform system of ethical principles should apply to all those authorized to perform judicial functions. [2] This Code and its Rules do not apply to any person who serves as an administrative law judge or in a judicial capacity within an administrative agency. [3] The determination of whether an individual judge is exempt from specific Rules depends upon the facts of the particular judicial service. [4] The Legislature has authorized counties to establish and operate drug courts and mental health courts. Judges presiding in these special courts are subject to these Rules, including Rule 2.9(A)(1) on ex parte communications, and must continue to operate within the usual judicial role as an independent decision maker on issues of fact and law. But the Rules should be applied with the recognition that these courts may properly operate with less formality of demeanor and procedure than is typical of more traditional courts. Application of the rules should also be attentive to the terms and waivers in any contract to which the individual whose conduct is being monitored has agreed in exchange for being allowed to participate in the special court program. II. PART-TIME JUDGE (A) A part-time judge is not required to comply: (1) with Rule 2.10 (Judicial Statements on Pending and Impending Cases), except while serving as a judge; or (2) at any time with Rules 3.4 (Appointments to Governmental Positions), 3.8 (Appointments to Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator), 3.10 (Practice of Law), 3.11 (Financial, Business, or Remunerative Activities), and 3.14 (Reimbursement of Expenses and Waivers of Fees or Charges). (B) A part-time judge shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto. (C) When a person who has been a part-time judge is no longer a part-time judge, that person may act as a lawyer in a proceeding in which they served as a judge or in any other

proceeding related thereto only with the express consent of all parties pursuant to the Rules of Professional Conduct. Comments [1] Part-time judges should be alert to the possibility of conflicts of interest and should liberally disclose on the record to litigants appearing before them the fact of any extrajudicial employment or other judicial role, even if there is no apparent reason to withdraw. [2] In view of Rule 2.1, which provides that the judicial duties of judges should take precedence over all other activities, part-time judges should not engage in outside employment which would interfere with their ability to sit on cases that routinely come before them. III. JUDGE PRO TEMPORE A judge pro tempore is not required to comply: (A) except while serving as a judge, with Rule 1.2 (Promoting Confidence in the Judiciary), Rule 2.4 (External Influences on Judicial Conduct), Rule 2.10 (Judicial Statements on Pending and Impending Cases); Rule 3.1 (Extrajudicial Activities in General); Rule 4.1 (Political and Campaign Activities of Judges and Judicial Candidates in General) or 4.5 (Activities of Judges Who Become Candidates for Nonjudicial Office); or (B) at any time with Rules 3.2 (Appearances before Governmental Bodies and Consultation with Government Officials), 3.3 (Acting as a Character Witness), or 3.4 (Appointments to Governmental Positions), or with Rules 3.6 (Affiliation with Discriminatory Organizations), 3.7 (Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities), 3.8 (Appointments to Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator), 3.10 (Practice of Law), 3.11 (Financial, Business, or Remunerative Activities), or 3.12 (Compensation for Extrajudicial Activities). (C) A judge pro tempore shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto. (D) When a person who has been a judge pro tempore is no longer a judge pro tempore, that person may act as a lawyer in a proceeding in which they served as a judge or in any other proceeding related thereto only with the express consent of all parties pursuant to the Rules of Professional Conduct. IV. TIME FOR COMPLIANCE A person to whom this Code becomes applicable shall comply immediately with its provisions, except that those judges to whom Rules 3.8 (Appointments to Fiduciary Positions) and 3.11 (Financial, Business, or Remunerative Activities) apply shall comply with those Rules as soon as reasonably possible, but in no event later than one year after the Code becomes applicable to the judge. Comment [1] If serving as a fiduciary when selected as judge, a new judge may, notwithstanding the prohibitions in Rule 3.8, continue to serve as fiduciary, but only for that period of time necessary to avoid serious adverse consequences to the beneficiaries of the fiduciary relationship and in no event longer than one year. Similarly, if engaged at the time of judicial selection in a business activity, a new judge may, notwithstanding the prohibitions in Rule 3.11, continue in that activity for a reasonable period but in no event longer than one year. [Adopted effective January 1, 2011; Amended effective June 23, 2015; January 1, 2023.]

citation: CJC CJC application

rule_number: CJC application


title: Terminology

text:
CJC TERMINOLOGY The first time any term listed below is used in a Rule in its defined sense, it is followed by an asterisk (*). “Aggregate,” in relation to contributions for a candidate, means not only contributions in cash or in-kind made directly to a candidate’s campaign committee, but also all contributions made indirectly with the understanding that they will be used to support the election of a candidate or to oppose the election of the candidate’s opponent. See Rules 2.11 and 4.4. “Appropriate authority” means the authority having responsibility for initiation of disciplinary process in connection with the violation to be reported. See Rules 2.14 and 2.15. “Contribution” means both financial and in-kind contributions, such as goods, professional or volunteer services, advertising, and other types of assistance, which, if obtained by the recipient otherwise, would require a financial expenditure. See Rules 2.11, 2.13, 3.7, 4.1, and 4.4. “De minimis,” in the context of interests pertaining to disqualification of a judge, means an insignificant interest that could not raise a reasonable question regarding the judge’s impartiality. See Rule 2.11. “Domestic partner” means a person with whom another person maintains a household and an intimate relationship, other than a person to whom they are legally married. See Rules 2.11, 2.13, 3.13, and 3.14. “Economic interest” means ownership of more than a de minimis legal or equitable interest. Except for situations in which the judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before a judge, it does not include: (1) an interest in the individual holdings within a mutual or common investment fund; (2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the judge or the judge’s spouse, domestic partner, parent, or child serves as a director, an officer, an advisor, or other participant; (3) a deposit in a financial institution or deposits or proprietary interests the judge may maintain as a member of a mutual savings association or credit union, or similar proprietary interests; or (4) an interest in the issuer of government securities held by the judge. See Rules 1.3 and 2.11. “Fiduciary” includes relationships such as executor, administrator, trustee, or guardian. See Rules 2.11, 3.2, and 3.8. “Financial support” shall mean the total of contributions to the judge’s campaign and independent expenditures in support of the judge’s campaign or against the judge’s opponent as defined by RCW 42.17.020. See Rule 2.11. “Impartial,” “impartiality,” and “impartially” mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge. See Canons 1, 2, and 4, and Rules 1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.12, 3.13, 4.1, and 4.2.

“Impending matter” is a matter that is imminent or expected to occur in the near future. See Rules 2.9, 2.10, 3.13, and 4.1. “Impropriety” includes conduct that violates the law, court rules, or provisions of this Code, and conduct that undermines a judge’s independence, integrity, or impartiality. See Canon 1 and Rule 1.2. “Independence” means a judge’s freedom from influence or controls other than those established by law. See Canons 1 and 4, and Rules 1.2, 3.1, 3.12, 3.13, and 4.2. “Integrity” means probity, fairness, honesty, uprightness, and soundness of character. See Canon 1 and Rule 1.2. “Invidious discrimination” is a classification which is arbitrary, irrational, and not reasonably related to a legitimate purpose. Differing treatment of individuals based upon race, sex, gender, religion, national origin, ethnicity, sexual orientation, age, or other classification protected by law, are situations where invidious discrimination may exist. See Rules 3.1 and 3.6. “Judicial candidate” means any person, including a sitting judge, who is seeking selection for or retention in judicial office by election or appointment. A person becomes a candidate for judicial office as soon as they make a public announcement of candidacy, declare or file as a candidate with the election or appointment authority, authorize or, where permitted, engage in solicitation or acceptance of contributions or support, or are nominated for election or appointment to office. See Rules 2.11, 4.1, 4.2, and 4.4. “Knowingly,” “knowledge,” “known,” and “knows” mean actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances. See Rules 2.11, 2.13, 2.15, 2.16, 3.6, and 4.1. “Law” encompasses court rules as well as statutes, constitutional provisions, and decisional law. See Rules 1.1, 2.1, 2.2, 2.6, 2.7, 2.9, 3.1, 3.4, 3.9, 3.12, 3.13, 3.14, 3.15, 4.1, 4.2, 4.4, and 4.5. “Member of the candidate’s family” means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the candidate maintains a close familial relationship. “Member of the judge’s family” means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. See Rules 3.7, 3.8, 3.10, and 3.11. “Member of a judge’s family residing in the judge’s household” means any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge’s family, who resides in the judge’s household. See Rules 2.11 and 3.13. “Nonpublic information” means information that is not available to the public. Nonpublic information may include, but is not limited to, information that is sealed by statute or court order or impounded or communicated in camera, and information offered in grand jury proceedings, presentencing reports, dependency cases, or psychiatric reports. See Rule 3.5. "Part-time judge" means a judge who serves on a continuing or periodic basis, but who is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than a full-time judge. A person who serves part-time as a judge on a regular or periodic basis in excess of 11 cases or 11 dockets annually, counted cumulatively without regard to each jurisdiction in which that person serves as a judge, is a part-time judge.

“Pending matter” is a matter that has commenced. A matter continues to be pending through any appellate process until final disposition. See Rules 2.9, 2.10, 3.13, and 4.1. “Personally solicit” means a direct request made by a judge or a judicial candidate for financial support or in-kind services, whether made by letter, telephone, or any other means of communication. See Rule 4.1. “Political organization” means a political party or other group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office. For purposes of this Code, the term does not include a judicial candidate’s campaign committee created as authorized by Rule 4.4. See Rules 4.1 and 4.2. “Pro tempore judge” Without regard to statutory or other definitions of a pro tempore judge, within the meaning of this Code a pro tempore judge is a person who serves only once or at most sporadically under a separate appointment for a case or docket. Pro tempore judges are excused from compliance with certain provisions of this Code because of their infrequent service as judges. A person who serves or expects to serve part-time as a judge on a regular or periodic basis in fewer than 12 cases or 12 dockets annually, counted cumulatively without regard to each jurisdiction in which that person serves as a judge, is a pro tempore judge. “Public election” includes primary and general elections, partisan elections, nonpartisan elections, and retention elections. See Rules 4.2 and 4.4. “Third degree of relationship” includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, sibling, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See Rule 2.11. [Adopted effective January 1, 2011. Amended effective January 1, 2023.]

citation: CJC CJC terminology

rule_number: CJC terminology


title: A Judge Shall Uphold and Promote the Independence, Integrity, and Impartiality of the Judiciary, and Shall Avoid Impropriety and the Appearance of Impropriety

text:
CJC CANON 1 A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY. RULE 1.1. Compliance with the Law A judge shall comply with the law,* including the Code of Judicial Conduct. Comments See Scope [6]. RULE 1.2. Promoting Confidence in the Judiciary A judge shall act at all times in a manner that promotes public confidence in the independence,* integrity,* and impartiality* of the judiciary, and shall avoid impropriety and the appearance of impropriety.* Comments [1] Public confidence in the judiciary is eroded by improper conduct. This principle applies to both the professional and personal conduct of a judge. [2] A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the Code. [3] Conduct that compromises the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. [4] Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all. [5] Actual improprieties include violations of law, court rules, or provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge violated this Code or engaged in other conduct that reflects adversely on the judge’s honesty, impartiality, temperament, or fitness to serve as a judge. [6] A judge should initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judge must act in a manner consistent with this Code. RULE 1.3. Avoiding Abuse of the Prestige of Judicial Office

A judge shall not abuse the prestige of judicial office to advance the personal or economic interests* of the judge or others, or allow others to do so. Comments [1] It is improper for a judge to use or attempt to use their position to gain personal advantage or deferential treatment of any kind. For example, it would be improper for a judge to allude to their judicial status to gain favorable treatment in encounters with traffic officials. Similarly, a judge must not use judicial letterhead to gain an advantage in conducting their personal business. [2] A judge may provide a reference or recommendation for an individual based upon the judge’s personal knowledge. The judge may use official letterhead if the judge indicates that the reference is personal and if there is no likelihood that the use of the letterhead would reasonably be perceived as an attempt to exert pressure by reason of the judicial office. [3] Judges may participate in the process of judicial selection by cooperating with appointing authorities and screening committees, and by responding to inquiries from such entities concerning the professional qualifications of a person being considered for judicial office. [4] Special considerations arise when judges write or contribute to publications of for-profit entities, whether related or unrelated to the law. A judge should not permit anyone associated with the publication of such materials to exploit the judge’s office in a manner that violates this Rule or other applicable law. In contracts for publication of a judge’s writing, the judge should retain sufficient control over the advertising to avoid such exploitation. [Adopted effective January 1, 2011. Amended effective January 1, 2023.]

citation: CJC CJC canon1

rule_number: CJC canon1