title: Rule for Certifying Professional Guardians and Conservators

text:
GR 23 RULE FOR CERTIFYING PROFESSIONAL GUARDIANS AND CONSERVATORS (a) Purpose and Scope. This rule establishes the standards and criteria for the certification of professional guardians and conservators as defined by RCW 11.130.010 (26) and prescribes the conditions of and limitations on their activities. This rule does not duplicate the statutory process by which the courts supervise guardians and conservators nor is it a mechanism to appeal a court decision regarding the appointment or statutory duties of a professional guardian or conservator. (b) Jurisdiction. All professional guardians and conservators who practice in the state of Washington are subject to these rules and regulations. Jurisdiction shall continue whether or not the professional guardian and conservator retains certification under this rule, and regardless of the professional guardian’s and conservator’s residence. (c) Certified Professional Guardianship and Conservatorship Board. (1) Establishment. (i) Membership. The Supreme Court shall appoint a Certified Professional Guardianship and Conservatorship Board (Board) of 12 or more members. The Board shall include representatives from the following areas of expertise: professional guardians and conservators; attorneys; advocates for individuals subject to guardianship and conservatorship; courts; state agencies; and those employed in medical, social, health, financial, or other fields pertinent to guardianships and conservatorships. (ii) Terms. The term for a member of the Board shall be three years. No member may serve more than three consecutive full three-year terms, not to exceed nine consecutive years, including any unfilled term. Terms shall be established such that one-third shall end each year. All terms of office begin October 1 and end September 30 or when a successor has been appointed, whichever occurs later. (iii) Leadership. The Supreme Court shall designate the Chair of the Board. The Board shall designate the Vice-Chair, who shall serve in the absence of or at the request of the Chair. (iv) Vacancies. Any vacancy occurring in the terms of office of Board members shall be filled for the unexpired term. (2) Authority. The court authorizes and grants to the Board jurisdiction to oversee the certification, regulation, investigation, and discipline of professional guardians and conservators and related agencies. i (3) Duties and Powers. (i) Applications. The Board shall process applications for professional guardian and conservator certification under this rule. The Board may delay or deny certification if an applicant fails to provide required information. (ii) Standards of Practice. The Board shall adopt and implement policies or regulations setting forth minimum standards of practice that professional guardians and conservators shall meet. (iii) Training Program. The Board shall adopt and implement regulations establishing a professional guardian and conservator training program. (iv) Examination. The Board may adopt and implement regulations governing the

preparation and administration of certification examinations. (v) Recommendation of Certification. The Board may recommend certification to the Supreme Court. The Supreme Court shall review the Board’s recommendation and enter an appropriate order. (vi) Denial of Certification. The Board may deny certification. If the Board denies certification, it shall notify an applicant in writing of the basis for denial of certification and inform the applicant of the appeal process. (vii) Continuing Education. The Board may adopt and implement regulations for continuing education. (viii) Grievances and Disciplinary Sanctions. The Board shall adopt and implement procedures to review any allegation that a professional guardian and conservator has violated an applicable statute, fiduciary duty, court order, standard of practice, rule, regulation, or other requirement governing the conduct of professional guardians and conservators. The Board may take disciplinary action and impose disciplinary sanctions based on findings that establish a violation of an applicable statute, fiduciary duty, court order, standard of practice, rule, regulation, or other requirement governing the conduct of professional guardians and conservators. Sanctions may include decertification or lesser remedies or actions designed to ensure compliance with duties, standards, and requirements for professional guardians and conservators. (ix) Investigation. The Board may investigate to determine whether an applicant for certification meets the certification requirements established in this rule. The Board may also investigate to determine whether a professional guardian and conservator has violated any statute, fiduciary duty, court order, standard of practice, rule, regulation, or other requirement governing the conduct of professional guardians and conservators. (x) Authority to Conduct Hearings. The Board may adopt regulations pertaining to the orderly conduct of hearings. (a) Subpoenas. The Chair of the Board, Hearing Officer, or a party’s attorney shall have the power to issue subpoenas. (b) Orders. The Chair or Hearing Officer may make such prehearing or other orders as are necessary for the orderly conduct of any hearing. (c) Enforcement. The Board may refer a subpoena or order to the Supreme Court for enforcement. (xi) Disclosure of Records. The Board may adopt regulations pertaining to the disclosure of records in the Board’s possession. (xii) Meetings. The Board shall hold meetings as determined to be necessary by the Chair. Meetings of the Board will be open to the public except for executive session, review panel, or disciplinary meetings prior to filing of a disciplinary complaint. (xiii) Fees. The Board shall establish and collect fees in such amounts as are necessary to support the duties and responsibilities of the Board. (4) Board Expenses. Board members shall not be compensated for their services. Consistent with the Office of Financial Management rules, Board members shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. All expenses shall be paid pursuant to a budget submitted to and approved by the Supreme Court. Funds accumulated from examination fees, annual fees, and other revenues shall be used to defray Board expenses.

(5) Agency. Hearing officers are agents of the Board and are accorded rights of such agency. (6) Immunity from Liability. The Board, its members, or agents, including duly appointed hearing officers, shall enjoy quasi-judicial immunity if the Supreme Court would have immunity in performing the same functions. (7) Conflict of Interest. A Board member should self-disqualify from making any decisions in a proceeding in which their impartiality might reasonably be questioned, including but not limited to, when the Board member has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceeding. (8) Leave of Absence. The Board may adopt regulations specifying that a Board member who is the subject of a disciplinary investigation by the Board must take a leave of absence from the Board. A Board member may not continue to serve as a member of the Board if the Board or Supreme Court has imposed a final disciplinary sanction on the Board member. (9) Administration. The Administrative Office of the Courts (AOC) shall provide administrative support to the Board and may contract with agencies or organizations to carry out the Board’s administrative functions. (d) Certification Requirements. Applicants, Certified Professional Guardians and Conservators, and Certified Agencies shall comply with the provisions of chapter 11.130 RCW. In addition, individuals and agencies must meet the following minimum requirements. (1) Individual Certification. The following requirements apply to applicants. An individual applicant shall: (i) Be at least 21 years of age; (ii) Be of sound mind; (iii) Have no convictions of a crime, or court or administrative proceeding findings, involving dishonesty, neglect, abuse, or use of physical force; ; (iv) Have no convictions of a crime, or court or administrative proceeding findings, relevant to the functions the individual would assume as a guardian or conservator; (v) Possess a high school degree or GED equivalent and at least five full years’ experience working in a discipline pertinent to the provision of guardianship and conservatorship services, or possess an associate's degree from an accredited institution and at least four full years' experience working in a discipline pertinent to the provision of guardianship and conservatorship services, or a baccalaureate degree from an accredited institution and at least two full years' experience working in a discipline pertinent to the provision of guardianship and conservatorship services, or a masters, J.D., Ph.D., or equivalent advanced degree from an accredited institution and at least one year's experience working in a discipline pertinent to the provision of guardianship and conservatorship services; (vi) The experience required by this rule is experience in which the applicant has developed skills that are transferable to the provision of guardianship and conservatorship services and must include decision-making or the use of independent judgment for the benefit of others, not limited to individuals subject to guardianship or conservatorship, in the area of legal, financial, social services or healthcare or other disciplines pertinent to the provision of guardianship and conservatorship services;

(vii) Have completed the mandatory certification training. (viii) An individual certified under this General Rule prior to January 1, 2022 and in good standing under all Board regulations will automatically continue to be certified as a Certified Professional Guardian and Conservator (CPGC) as of January 1, 2022. (2) Agency Certification. Agencies must meet the following additional requirements: (i) All officers and directors of the corporation must meet the qualifications of RCW 11.130.090 for guardians and conservators; (ii) Each agency shall have at least two (2) individuals in the agency certified as professional guardians and conservators, whose residence or principal place of business is in Washington State and who are so designated in minutes or a resolution from the Board of Directors; and (iii) Each agency shall file and maintain in every guardianship and conservatorship court file a current designation of each certified professional guardian and conservator with final decision-making authority for the individual subject to guardianship or conservatorship. (3) Training Program and Examination. Applicants must satisfy the Board’s training program and examination requirements. (4) Insurance Coverage. In addition to the bonding requirements of RCW 11.130.040, applicants must be insured at all times in such amount as may be determined by the Board and shall notify the Board immediately of cancellation of required coverage. (5) Financial Responsibility. Applicants must provide proof of ability to respond to damages resulting from acts or omissions in the performance of services as a guardian or conservator. Proof of financial responsibility shall be in such form and in such amount as the Board may prescribe by regulation. (6) Application under Oath. Applicants must execute and file with the Board an approved application under oath. (7) Application Fees. Applicants must pay fees as the Board may require by regulation. (8) Disclosure. An applicant for certified professional guardian and conservator or certified agency shall disclose upon application: (i) The existence of a judgment against the applicant arising from the applicant’s performance of services as a fiduciary; (ii) Any court finding that the applicant has violated its duties as a fiduciary or has violated federal or any state’s consumer protection act, or has violated any other statute proscribing unfair or deceptive acts or practices in the conduct of business; (iii) Any felony convictions; (iv) Any criminal convictions or any court or administrative proceeding findings, involving dishonesty, neglect, abuse, violence, or use of physical force; (v) Any criminal convictions or any court or administrative proceeding findings relevant to the functions assumed as guardian or conservator;

(vi) Any adjudication of the types specified in RCW 43.43.830 and RCW 43.43.842; (laws restricting access to, and professional licensing with respect to working with, vulnerable adults and children) (vii) Pending or final licensing or disciplinary board actions or findings of violations; (viii) The existence of a judgment against the applicant within the preceding eight years in any civil action; (ix) Whether the applicant is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding. Disclosure of a bankruptcy filing may require the applicant or guardian and conservator to provide a personal credit report from a recognized credit reporting bureau satisfactory to the Board; (x) The existence of a judgment against the applicant or any corporation, partnership, or limited liability company for which the applicant was a managing partner, controlling member or majority shareholder within the preceding eight years in any civil action. (9) Denial of Certification. The Board may deny certification of an individual or agency based on any of the following criteria: (i) Failure to satisfy certification requirements provided in section (d) of this rule; (ii) The existence of a judgment against the applicant arising from the applicant’s performance of services as a fiduciary; (iii) Any court finding that the applicant has violated its fiduciary duties, or has violated federal or any state’s consumer protection act, or has violated any other statute proscribing unfair or deceptive acts or practices in the conduct of business; (iv) Any felony convictions; (v) Any criminal convictionsor any court or administrative proceeding findings, involving dishonesty, neglect, abuse, violence, or use of physical force; (vi) Any criminal convictions or any court or administrative proceeding findings, relevant to the functions assumed as guardian or conservator; (vii) Any adjudication of the types specified in RCW 43.43.830 and RCW 43.43.842 (laws restricting access to, and professional licensing with respect to working with, vulnerable adults and children); (viii) Pending or final licensing or disciplinary board actions or findings of violations; (ix) A Board determination based on specific findings that the applicant lacks the requisite moral character or is otherwise unqualified to practice as a professional guardian and conservator; (x) A Board determination based on specific findings that the applicant’s financial responsibility background is unsatisfactory. (10) Designation/Title. An individual certified under this rule may use the initials “CPGC” following the individual’s name to indicate status as “Certified Professional Guardian and Conservator.” An agency certified under this rule may indicate that it is a “Certified Professional Guardian and Conservator Agency” by using the initials “CPGCA” after its name. An individual or agency may not use the term “certified professional guardian and conservator” or “certified professional guardian and conservator agency” as part of a business

name. (e) Guardian and Conservator Disclosure Requirements. (1) A Certified Professional Guardian and Conservator or Certified Agency shall disclose to the Board in writing within 30 days of occurrence: (i) The existence of a judgment against the professional guardian and conservator arising from the professional guardian and conservator’s performance of services as a fiduciary; (ii) Any court finding that the professional guardian and conservator violated its fiduciary duties, or has violated federal or any state’s consumer protection act, or has violated any other statute proscribing unfair or deceptive acts or practices in the conduct of business; (iii) Any felony convictions; (iv) Any criminal convictions or any court or administrative proceeding findings involving dishonesty, neglect, abuse, violence, or use of physical force; (v) Any criminal convictions or any court or administrative proceeding findings relevant to the functions assumed as guardian or conservator; (vi) Any adjudication of the types specified in RCW 43.43.830 and RCW 43.43.842 (laws restricting access to, and professional licensing with respect to working with, vulnerable adults and children); (vii) Pending licensing or disciplinary actions related to fiduciary responsibilities or final licensing or disciplinary actions resulting in findings of violations; (viii) Residential or business moves or changes in employment; and (ix) Names of Certified Professional Guardians and Conservators they employ or who leave their employ. (2) Not later than August 1 of each year, each professional guardian and conservator and guardian and conservator agency shall complete and submit an annual disclosure statement providing information required by the Board. (f) Regulations. The Board shall adopt regulations to implement this rule. (g) Personal Identification Number. The Board shall establish an identification numbering system for professional guardians and conservators. The Personal Identification Number shall be included with the professional guardian’s and conservator’s signature on documents filed with the court. (h) Ethics Advisory Opinions, Comments, and Best Practices. (1) The Board may issue written ethics advisory opinions, comments, and best practices to inform and advise Certified Professional Guardians and Conservators and Certified Agencies of their ethical obligations. (2) Any Certified Professional Guardian and Conservator or Certified Agency may request in writing an ethical advisory opinion from the Board. Compliance with an opinion issued by the Board shall be considered as evidence of good faith in any subsequent disciplinary proceeding involving a Certified Professional Guardian and Conservator or

Certified Agency. (3) The Board shall publish opinions issued pursuant to this rule in electronic or paper format. The identity of the person requesting an opinion is confidential and not public information. (i) Existing Law Unchanged. This rule shall not expand, narrow, or otherwise affect existing law, including but not limited to, Title 11 RCW. [Adopted effective January 25, 2000; Amended effective April 30, 2002; April 1, 2003; September 1, 2004; January 13, 2009; September 1, 2010; September 1, 2021; May 3, 2022; January 1, 2023; November 25, 2025.] 1

This section codifies a central tenet of the Supreme Court’s decision in In re Disciplinary Proceeding Against

Petersen, 180 Wn.2d 768, 329 P.3d 853 (2014).

citation: GR GR 23

rule_number: GR 23


doc_type: court-rule

jurisdiction: wa

title: Definition of the Practice of Law

text:
GR 24 DEFINITION OF THE PRACTICE OF LAW (a) General Definition: The practice of law is the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person(s) which require the knowledge and skill of a person trained in the law. This includes but is not limited to: (1) Giving advice or counsel to others as to their legal rights or the legal rights or responsibilities of others for fees or other consideration. (2) Selection, drafting, or completion of legal documents or agreements which affect the legal rights of an entity or person(s). (3) Representation of another entity or person(s) in a court, or in a formal administrative adjudicative proceeding or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review. (4) Negotiation of legal rights or responsibilities on behalf of another entity or person(s). (b) Exceptions and Exclusions: Whether or not they constitute the practice of law, the following are permitted: (1) Practicing law authorized by a limited license to practice pursuant to Admission and Practice Rules 3(g) (pro bono admission), 8 (limited admissions for: a particular action or proceeding; indigent representation; house counsel), 9 (licensed legal interns), 12 (limited practice officers), 14 (foreign law consultants), or 28 (limited license legal technicians). (2) Serving as a courthouse facilitator pursuant to court rule. (3) Acting as a lay representative authorized by administrative agencies or tribunals. (4) Serving in a neutral capacity as a mediator, arbitrator, conciliator, or facilitator. (5) Participation in labor negotiations, arbitrations or conciliations arising under collective bargaining rights or agreements. (6) Providing assistance in civil protection orders matters as permitted by chapter 7.105 RCW by any person authorized to do so under chapter 7.105 RCW. (7) Acting as a legislative lobbyist. (8) Sale of legal forms in any format. (9) Activities which are preempted by Federal law. (10) Serving in a neutral capacity as a clerk or court employee providing information to the public pursuant to Supreme Court Order. (11) Such other activities that the Supreme Court has determined by published opinion do not constitute the unlicensed or unauthorized practice of law or that have been permitted under a regulatory system established by the Supreme Court.

(c) Nonlawyer Assistants: Nothing in this rule shall affect the ability of nonlawyer assistants to act under the supervision of a lawyer in compliance with Rule 5.3 of the Rules of Professional Conduct. (d) General Information: Nothing in this rule shall affect the ability of a person or entity to provide information of a general nature about the law and legal procedures to members of the public. (e) Governmental agencies: Nothing in this rule shall affect the ability of a governmental agency to carry out responsibilities provided by law. (f) Professional Standards: Nothing in this rule shall be taken to define or affect standards for civil liability or professional responsibility. [Adopted effective September 1, 2001; Amended effective April 30, 2002; October 7, 2020; June 27, 2023; September 1, 2025.]

license: public-domain-government-work

citation: GR GR 24

rule_set: GR

rule_number: GR 24


title: Practice of Law Board

text:
GR 25 PRACTICE OF LAW BOARD (a) Board. The Practice of Law Board consists of 13 members appointed and actively supervised by the Supreme Court after considering nominations from the Practice of Law Board and the Board of Governors of the Washington State Bar. A minimum of five Board members must be persons not currently authorized to practice law. Board members may be appointed to three-year terms and no member may serve more than two consecutive full three-year terms. Vacancies may be filled for the unexpired term. The Supreme Court may annually designate a chair and vice-chair, who must be members of the Board. (b) Responsibilities. The Practice of Law Board’s functions are to: (1) Educate the public about how to receive competent legal assistance; (2) Consider and recommend to the Supreme Court new avenues for persons not currently authorized to practice law to provide legal and law-related services that might otherwise constitute the practice of law as defined in GR 24. Recommendations must be forwarded to the Washington State Bar Board of Governors for consideration and comment at least 90 days before transmission to the Supreme Court. Upon approval of such recommendations by the Supreme Court, pursuant to the procedures set out in GR 9, those who meet the requirements and comply with applicable regulatory and licensing provisions shall be deemed to be engaged in the authorized practice of law. Recommendations must be accompanied by a determination: (A) that access to affordable and reliable legal and law-related services consistent with protection of the public will be enhanced by authorizing the recommended legal service provider or legal service delivery model; (B) that the defined activities outlined in the recommendation can be reasonably and competently provided by skilled and trained legal service providers; (C) that if the public interest requires regulation under Supreme Court authority, such regulation considers any regulatory objectives in GR 12 et seq. and is tailored to promote access to affordable legal and law-related services while ensuring that those whose important rights are at stake can reasonably rely on the quality, skill and ability of the authorized legal service providers; (D) that, to the extent that the activities authorized will involve the handling of client trust funds, provision has been made to ensure that such funds are handled in a manner consistent with all applicable court rules, including the requirement that such funds be placed in interest-bearing accounts, with interest paid to the Legal Foundation of Washington; and (E) that the recommended program, including the costs of regulation, is financially selfsupporting within a reasonable period of time. (3) The Board may receive complaints alleging the unauthorized practice of law in Washington by any person or entity. The Board will review and may refer complaints that allege harm to the public interest to appropriate enforcement agencies. Upon referring a matter to law enforcement or other agency, the Board may notify the complainant of such action in writing. (c) Board Funding and Administration. The Board must be funded, administered and staffed by the Washington State Bar in accordance with GR 12 et seq. Board members are not compensated for their services, but are reimbursed for their necessary expenses incurred in connection with the Board in a manner consistent with the Bar’s reimbursement policies.

(d) Records. All Board records must be maintained at the principal office of the Bar. GR 12.4 applies to access to Board records. All Board records, including unauthorized practice of law complaints are public documents except: (1) information made confidential by GR 22 and GR 31; (2) information made confidential by other statutes, court rules, or legal authority, such as unredacted police reports, medical records, confidential disciplinary information, or copies of sealed pleadings. (e) Meetings and Procedures. The Board may meet as necessary to complete its business. Meetings may be held in person or by videoconference and/or teleconference. All meetings of the Board and its designated committees are open and public, unless the Board meets in Executive Session. (1) Executive Session. The Board may meet in Executive Session on matters within the Board’s scope of work and consistent with the Bar Bylaws. (2) Quorum. A majority of the Board shall constitute a quorum. (3) Committees. The Board may establish such committees as the membership may deem necessary and appropriate to the performance of its assigned tasks. (4) Voting. Each member shall be entitled to one vote on each matter submitted to a vote at a meeting. (f) Annual Report. The Board must file a written report and meet with the court each year. The report must contain the following information: (1) Board roster, including any committees formed; (2) Board meeting agendas; (3) short description of all unauthorized practice of law complaints received; whether the board closed, referred, or deferred the complaint; and the name of the agencies receiving the referral; (4) progress report or copies of educational materials provided to the public; (5) progress report on recommended new legal service providers or legal service delivery mechanisms; (6) work plan for the fiscal year; and (7) long range work plan. (g) Immunity from Suit. (1) The members and staff of the Board shall be absolutely immune from suit, whether legal or equitable in nature, for any conduct in the performance of their official duties. (2) Persons who bring allegations to the Board concerning any individual or entity shall be immune from suit, whether legal or equitable in nature, for all communications to the Board or to its staff.

(h) Regulations. The Board may adopt regulations pertinent to these responsibilities subject to the approval of the Supreme Court. Proposed regulations should be provided to the Washington State Bar Board of Governors for informational purposes. [Adopted effective September 1, 2001; Amended effective September 1, 2006; December 18, 2018.]

citation: GR GR 25

rule_number: GR 25


title: Practice of Law Board - Regulations

text: GR 25 APPENDIX PRACTICE OF LAW BOARD REGULATIONS [RESCINDED] [Adopted effective December 2, 2004; Amended effective September 1, 2005; Rescinded effective December 18, 2018.]

citation: GR GR 25.Appendix

rule_number: GR 25.Appendix


title: Mandatory Continuing Judicial Education

text:
GR 26 MANDATORY CONTINUING JUDICIAL EDUCATION Preamble. The protection of the rights of free citizens depends upon the existence of an independent and competent judiciary. The challenge of maintaining judicial competence requires ongoing education of judges in the application of legal principles and the art of judging in order to meet the needs of a changing society. This rule establishes the minimum requirements for continuing judicial education of judicial officers. (a) Minimum Requirement. Each judicial officer shall complete a minimum of 45 credit hours of continuing judicial education approved by the Board for Judicial Administration’s Court Education Committee (CEC) every three years, commencing January 1 of the calendar year following the adoption of this rule. If a judicial officer completes more than 45 such credit hours in a three-year reporting period, up to 15 hours of the excess credit may be carried forward and applied to the judicial officer’s education requirement for the following three-year reporting period. At least six credit hours for each three-year reporting period shall be earned by completing programs in judicial ethics approved by the CEC. At least four and one half credit hours for each three-year reporting period shall be earned by completing programs in diversity, equity, and inclusion issues, as approved by the CEC. The fifteen credit hours that may be carried forward may include two credit hours toward the judicial ethics requirement and one and one half credit hours toward the diversity, equity, and inclusion requirement. (b) Judicial College Attendance. (1) A judicial officer shall attend and complete the Washington Judicial College program within twelve months of the initial appointment or election to the judicial office. (2) A judicial officer who attended the Washington Judicial College during their term of office in a court of limited jurisdiction shall attend and complete the Washington Judicial College within twelve (12) months of any subsequent appointment or election to the Superior Court. A judicial officer who attended the Washington Judicial College during their term of office in the Superior Court shall attend and complete the Washington Judicial College within twelve (12) months of any subsequent appointment or election as a judicial officer in a court of limited jurisdiction. A judicial officer who attended the Washington Judicial College during their term of office in a superior court or court of limited jurisdiction and is subsequently appointed or elected to an appellate court position is not required to attend the Washington Judicial College. (3) A judicial officer of a District Court, Municipal Court, Superior Court, or an appellate court, who has been a judicial officer at the time of the adoption of this rule for less than four (4) years but has not attended the Washington Judicial College, shall attend and complete the Washington Judicial College program within twelve (12) months of the adoption of this rule. (c) Accreditation. The CEC shall, subject to the approval of the Supreme Court, establish and publish standards for accreditation of continuing judicial education programs and may choose to award continuing judicial education credits for self-study or teaching. Continuing judicial education credit shall be given for programs the CEC determines enhance the knowledge and skills that are relevant to the judicial office. (d) Compliance Report. Each judicial officer shall file a report with the Administrative Office of the Courts (AOC) on or before January 31 each year in such form as the Administrative Office of the Courts shall prescribe concerning the judicial officer’s progress toward the continuing judicial education requirements of sections (a) and (b) of this rule during the previous calendar year. If a judicial officer does not respond by January 31, their credits will be confirmed by default. Judicial officers who do not have the requisite number of hours at the end of their three-year reporting period will have until March 1 to make up the credits for the previous three-year reporting period. These credits will not count toward their current three-year

reporting period. The AOC shall publish a report with the names of all judicial officers who do not fulfill the requirements of sections (a) and (b) of this rule. The AOC report shall be disseminated by means that may include, but are not limited to, publishing on the Washington Courts Internet web site, publishing the information as part of any voter’s guide produced by or under the direction of the AOC, and releasing the information in electronic or printed form to media organizations throughout the Washington State. (e) Delinquency. Failure to comply with the requirements of this rule may be deemed a violation of the Code of Judicial Conduct that would subject a judicial officer to sanction by the Commission on Judicial Conduct. (f) Definition. The term "judicial officer" as used in this rule shall not include judges pro tempore but shall otherwise include all full or part time appointed or elected justices, judges, court commissioners, and magistrates. [Adopted effective July 1, 2002; Amended effective November 26, 2002; December 31, 2003; December 31, 2007; January 1, 2013; December 8, 2015; September 1, 2022.]

citation: GR GR 26

rule_number: GR 26


title: Washington State Judicial Education Mandatory Continuing Judicial Education Standards

text:
GR 26 Standards WASHINGTON STATE JUDICIAL EDUCATION MANDATORY CONTINUING JUDICIAL EDUCATION STANDARDS Section I: Organization and Administration 1. Supreme Court The Supreme Court is the rule-making authority for the integrated judicial branch of government in Washington. 2. Board for Judicial Administration (BJA) The Board for Judicial Administration provides policy review and program leadership for the courts at large, including recommending rules to the Supreme Court that improve the judicial branch of government in our state. 3. Court Education Committee (CEC) The Court Education Committee is a standing committee of the BJA and assists the Supreme Court and the BJA in developing educational policies and standards for the court system. The CEC provides budget and appropriation support, monitors the quality of educational programs, coordinates in-state and out-of-state educational programs and services, recommends changes in policies and standards, and approves guidelines for accrediting training programs. 4. Mandatory Continuing Judicial Education (MCJE) The responsibilities of the CEC will be to: (a) Administer General Rule (GR) 26; (b) Establish operating procedures consistent with this rule; (c) Report annually to the Supreme Court and publicly release names of judicial officers who have not complied with the rule. 5. Administrative Office of the Courts (AOC) (a) Under the direction of the Supreme Court and CEC, the (AOC) shall develop guidelines for the implementation of the standards, and shall develop, administer, and coordinate judicial education programs throughout the state. The AOC will also track and monitor attendance at continuing judicial education programs accredited by the CEC. (b) The AOC shall work with the CEC educational committees of the judicial associations and other ad hoc groups to prepare and implement judicial education programs. The AOC shall coordinate all CEC judicial education programs, provide staff for the CEC, and evaluate educational programs. Further, the AOC staff shall provide support and assistance to judicial advisory committees in the planning, development, implementation, and evaluation of education programs consistent with established standards and requirements for judicial education. AOC shall maintain the official transcript for each judicial officer based on: (1) attendance records at all CEC accredited education programs; (2) the attendance records of accredited sponsors based on their submissions; and (3) the individual education reports. Based on that official record, AOC will report annually to the Supreme Court.

Section II: General Standards for Continuing Judicial Education 1. Credit for Continuing Judicial Education (CJE) During their three (3)-year reporting cycle, each judicial officer must complete forty-five (45) hours of CJE credits, six (6) of which are in the area of judicial ethics, and four and one half (4.5) of which are in the area of diversity, equity, and inclusion (DEI). This requirement may be met either by attending approved courses or completing other continuing judicial or legal education activity approved for credit by the CEC, as described below. (a) At least thirty (30) hours, of which at least four (4) hours are in the area of judicial ethics and three (3) hours are in the area of DEI, must be completed by attending accredited courses. “Attending” is defined as (1) presenting for, or being present in the audience at, an accredited CJE course when and where the course is being presented; (2) presenting for, or participating through an electronic medium in, an accredited CJE course at the time the course is being presented; or (3) participating through an electronic medium in an accredited CJE course that has been prerecorded, but for which faculty are available to answer questions while the course is being presented. (b) Up to fifteen (15) hours, of which up to two (2) hours are in the area of judicial ethics and two (2) hours are in the area of DEI, may be completed through self-study by listening to, or watching, pre-recorded accredited CJE courses. Judicial officers completing credits by selfstudy must report them to the AOC. (c) Up to fifteen (15) hours, of which up to two (2) hours are in the area of judicial ethics and two (2) hours are in the area of DEI, may be completed through teaching at accredited CJE courses and/or publishing legal writing. A judicial officer may complete up to three (3) hours of teaching credits for each hour of presentation. Credits for published legal writing must be approved by the CEC. Judicial officers completing credits by teaching or writing must report them to the AOC. (d) Up to three (3) hours may be completed by visits to correctional and similar institutions. Judicial officers completing credits by institutional visits must report them to the AOC. (e) Judicial officers may attend a combination of approved local, state, or national programs. (f) A judicial officer may complete credits through other courses that directly aid the judicial officer in performing their specific judicial duties and are approved by the CEC. 2. Carry-Over If a judicial officer completes more than forty-five (45) such credit hours in a three (3)-year reporting period, up to fifteen (15) hours of excess credits may be carried forward and applied to the judicial officer’s education requirement for the following three (3)-year reporting period. The fifteen (15) credit hours that may be carried forward may include two (2) credit hours toward the ethics requirement and one and one half (1.5) credits of DEI. 3. Judicial College Attendance Each judicial officer shall attend and complete the Washington Judicial College program within twelve (12) months of initial appointment or election to the judicial office. 4. Credit Calculation

Credit is calculated on the basis of one (1) credit for each sixty (60) minutes of actual subject presentation/participation, not including introductions, overviews, closing remarks, presentation during meals, or keynote addresses unless clearly identified in the agenda as a substantive legal presentation. Section III: Program Accreditation 1. Washington State Judicial Branch Sponsors Attendance at any education program sponsored by the following shall be presumed to meet standards and be accredited: (a) Washington State Supreme Court, (b) Administrative Office of the Courts, (c) Judicial education programs of Court Education Committee (CEC), (d) Court of Appeals (COA), (e) Superior Court Judges’ Association (SCJA), (f) District and Municipal Court Judges Association (DMCJA), (g) Washington State Supreme Court Commissions, 2. Other Judicial Education Sponsors Attendance at any education program sponsored by the following shall be presumed to meet standards and be accredited: (a) The National Judicial College in Reno, including the University of Nevada Masters and PhD in Judicial Studies and Web-based programs. (b) American Academy of Judicial Education, (c) New York University’s Appellate Judges Seminar, (d) University of Virginia’s Master of Laws in the Judicial Process (LLM), (e) The National Center for State Courts (NCSC) programs such as those sponsored by the American Judges Association, the Institute for Court Management, National Council of Probate Judges, and the National Association of Women Judges, (f) Programs approved for Tuition Assistance by CEC, (g) The Judicial Division of the American Bar Association (ABA), (h) The Judicial Divisions of all National Bar Associations: 1. National Asian Pacific Bar Association, 2. National Bar Association,

3. Hispanic National Bar Association, 4. National Conference of Women’s Bar Associations, 5. North American South Asian Bar Association, 6. National Lesbian and Gay Lawyer Association, 7. National Association of Women Lawyers, 8. National Native American Bar Association, 9. Tribal Courts in Washington State and nationally. 3. Other Continuing Professional Education Programs To receive credit for attending or serving as faculty at a program sponsored by an organization other than those listed above, a judicial officer may file with the AOC an agenda of the program, which will be submitted to the CEC for possible accreditation. Courses approved by the Washington State Bar Association for continuing legal education credits that deal with substantive legal topics, statutory, constitutional, or procedural issues that come before the judicial officer will usually qualify for CJE. 4. Basis for Accreditation of Courses Courses will be approved based upon their content. An approved course shall have significant intellectual or practical content relating to the duties of the judicial officer. Definitions. The course shall constitute an organized program of learning dealing with matters directly relating to the judicial officer’s duties, including but not limited to substantive legal topics, statutory, constitutional and procedural issues that come before (a) The judicial officer; judicial ethics or professionalism, anti-bias and diversity training, and substance abuse prevention training. (b) Factors in Evaluating. Factors which should be considered in evaluating a course include: (1) The topic, depth, and skill level of the material; (2) The level of practical and/or academic experience or expertise of the presenters or faculty; (3) The intended audience; (4) The quality of the written, electronic, or presentation materials, which should be of high quality, readable, carefully prepared and distributed to all attendees at or before the course is presented. 5. Programs That Do Not Qualify The following activities will not qualify for CJE credit:

(a) Continuing Professional Education courses that do not relate to substantive legal topics, DEI or ethics, statutory, constitutional or procedural issues that come before the judicial officer when performing their specific judicial duties; (b) Teaching a legal subject to non-lawyers in an activity or course that would not qualify those attending for CJE/CLE credit; (c) Jury duty; (d) Judging or participating in law school or mock trial competitions; (e) Serving on professional (judicial or legal) committees/associations; 6. Appeals A judicial officer may appeal the denial of program accreditation by the CEC. The appeal may be in the form of a letter addressed to the Chair of the BJA that outlines the basis for the judicial officer’s request. The Chair of the BJA shall notify the judicial officer in writing of its decision to sustain or overrule the decision of the CEC. Section IV: Responsibilities 1. Sponsors of Accredited Programs It is the responsibility of the Washington State judicial branch sponsors of a judicial education program to report judicial officer attendance and credits for all approved CJE courses to the AOC. 2. Individuals (a) It is the responsibility of individual judicial officers to file a report of their attendance when it is less than the full program provided, for programs sponsored by Washington State Judicial Branch entities. (b) It is the responsibility of the judicial officer to request accreditation for attendance for programs of other judicial educational sponsors (see Section 4.2. list of sponsors). (c) It is the responsibility of the individual judicial officers to submit requests for accreditation for other continuing professional education programs, credit for teaching, published judicial legal writing, or self-study to the AOC which shall present those to the CEC for review and determination. 3. Deadline Absent exigent circumstances, sponsors and individual judicial officers must report attendance within 30 days after completion of a CJE activity. Section V: Certification 1. Compliance The AOC will send out a reminder of the end-of-the-year reporting requirement via judicial officers Listservs each year in August. The AOC, by January 1, will provide a progress report to

every judicial officer of the programs they have attended during the previous calendar year. After reviewing that progress report, judicial officers must either: (a) Confirm it as an accurate record of their progress toward compliance with the rule, or; (b) Provide additional information on programs attended with accompanying documentation and; (c) File that report with the AOC on or before January 31 each year. If a judicial officer does not respond by January 31, their credits will be confirmed by default. AOC shall publish a report with the names of all judicial officers who do not fulfill the requirements of sections (a) and (b) of GR 26. The AOC report shall be disseminated by means that may include, but are not limited to, publishing on the Washington Courts Internet Web site, publishing the information as part of any voter’s guide produced by or under the direction of the AOC, and releasing the information in electronic or printed form to media organizations throughout Washington State. The report will include the names of all judicial officers who fail to obtain the requisite number of education credits during their three-year reporting period, or the requirements of Judicial College attendance. 2. Three-Year Reporting Periods Three-year reporting periods will be created as follows: (a) Group 1 are those judicial officers present as of January 1, 2003, and those who begin service every subsequent third year: 2006, 2009, 2012, 2015, 2018, 2021, 2024, 2027, 2030, etc.; (b) Group 2 are those judicial officers who begin service in 2004, 2007, 2010, 2013, 2016, 2019, 2022, 2025, 2028, 2031, etc.; (c) Group 3 are those judicial officers who begin service in 2005 and every subsequent third year: 2008, 2011, 2014, 2017, 2020, 2023, 2026, 2029, 2032, etc. The three-year reporting period for each new judicial officer begins on January 1 nearest their appointment or election. 3. Delinquency Failure to comply with the requirements of this rule may be deemed a violation of the Code of Judicial Conduct that would subject a judicial officer to sanction by the Commission on Judicial Conduct. Section VI: Approval These standards were approved by the Board for Court Education on August 25, 2003, and by Washington Supreme Court in Court Order 786 on December 4, 2003. Comments or suggestions regarding the application of the standards or revisions of the standards can be sent to the Manager of The Office of Trial Court Services and Judicial Education or the Chair of the CEC.

[Adopted effective July 1, 2002; amended effective November 26, 2002; December 31, 2003; December 31, 2007; January 1, 2013; December 8, 2015; September 1, 2022.]

citation: GR GR 26.Standards

rule_number: GR 26.Standards


title: Courthouse Facilitators

text:
GR 27 COURTHOUSE FACILITATORS (a) Generally. RCW 26.12.240 and RCW 11.130.165 allow counties to create a Courthouse Facilitator Program to provide basic services to self-represented persons in family law and guardianship cases. This rule applies only to Courthouse Facilitator Programs created pursuant to RCW 26.12.240 or RCW 11.130.165. (b) The Washington State Supreme Court shall create a Courthouse Facilitator Advisory Committee supported by the Administrative Office of the Courts to establish minimum qualifications; develop and administer a curriculum of initial and ongoing training requirements; and address legal, ethical, and access-related issues (including access for persons with disabilities, language barriers, and others who experience barriers that limit their ability to effectively participate in legal proceedings) for Courthouse Facilitators. The Administrative Office of the Courts shall assist counties in administering Courthouse Facilitator Programs and update the training curriculum biennially. (c) Definitions. For the purpose of this rule, the following definitions apply: (1) Basic Services include but are not limited to: (A) Referrals: Making referrals to legal and social service resources, including legal aid, pro bono, lawyer referrals, alternate dispute resolution programs, and other appropriate resources, including online resources where relevant forms and instructions can be obtained. (B) Access and Accessibility: Assisting individuals in the preparation of forms and materials for the waiver of filing fees and surcharges (GR 34), requests for reasonable accommodations (GR 33), and the appointment of interpreters for individuals who are Deaf; hard of hearing; or who do not speak, read, or write English proficiently. Additionally, educating individuals about available language and accessibility resources. Explanation and instruction regarding court rules and procedures related to use of technology, including but not limited to remote or virtual court appearance and e-filing; assistance with remote/virtual appearance at hearings to assist the court and self-represented persons. (C) Court Procedures: Assisting self-represented persons to identify and understand how basic court rules, procedures, and logistics apply to their cases, including how to comply with requirements for starting the case, when and how to file and serve motions and other necessary documents, scheduling hearings, authenticating and presenting documents, preserving and appealing decisions, discovery rules and options, obtaining and enforcing judgements or other final orders (including trial setting and related rules) and other procedures relevant to their cases. (D) Completion of Forms: Explaining legal terms, assisting self-represented persons to identify, select, and compete forms that have been approved by the court, Clerk’s Office, or the Administrative Office of the Courts, and reviewing documents to determine whether the forms have been properly completed and procedural requirements satisfied. This includes assisting selfrepresented persons to calculate child support using financial information they provide on required forms. (E) Assisting with Proceedings Under Directions of the Court: Attendance at hearings to assist the court where allowed by local practice; assistance with preparation of court orders under the direction of the court. (2) A Courthouse Facilitator is an individual who has met or exceeded the minimum qualifications and completed the curriculum developed by the Courthouse Facilitator Advisory Committee and provides basic services in family law or guardianship cases in a Superior Court.

(3) Family Law cases refer to those initiated under Title 26 RCW and include, but are not limited to: divorce, invalidity, and legal separation; establishment of parentage, de facto parentage, parenting plan, and child support; modification of child support, parenting plan, and previously entered nonparental custody orders; and relative (nonparent) visitation. (4) Guardianship cases include adult, minor, and veteran guardianship cases filed under chapters 11.90, 11.130, and 73.36 RCW. (5) Protection Order cases include cases filed under Chapter 7.105 RCW. (d) No attorney-client relationship or privilege is created, by implication or by inference, between a Courthouse Facilitator providing basic services under this rule and the users (selfrepresented persons) of Courthouse Facilitator Program services. (e) Courthouse Facilitators providing basic services under this rule are not engaged in the unauthorized practice of law. Upon a Courthouse Facilitator’s voluntary or involuntary termination from a Courthouse Facilitator Program, that person is no longer a Courthouse Facilitator providing services pursuant to RCW 26.12.240, 11.130.165, or this rule. (f) Courthouse Facilitators shall, whenever reasonably practical, obtain a written and signed disclaimer of attorney-client relationship, attorney-client confidentiality and representation from each self-represented person utilizing the services of the Courthouse Facilitator. The prescribed disclaimer shall be in the format outlined in the Courthouse Facilitator Manual. (g) Courthouse Facilitators shall ensure their services are meaningfully available to persons with disabilities and persons for whom English is not their primary language. Consistent with the general expectations outlined in GR 33, Courthouse Facilitators shall, upon request, make reasonable accommodations to enable persons with disabilities to effectively access services from the Courthouse Facilitator. Courthouse Facilitators shall coordinate interpreter services to enable persons for whom English is not a primary language and persons who are Deaf or hard of hearing to effectively access services from the Courthouse Facilitator. [Adopted effective September 1, 2002; Amended effective August 2, 2016; July 27, 2021; September 1, 2025.]

citation: GR GR 27

rule_number: GR 27


title: Jury Service Postponement, Excusal, and Disqualification

text: GR 28 JURY SERVICE POSTPONEMENT, EXCUSAL, AND DISQUALIFICATION (a) Scope of Rule. This rule addresses the procedures for postponing and excusing jury service under RCW 2.36.100 and 2.36.110 and for disqualifying potential jurors under RCW 2.36.070 (basic statutory qualifications). (b) Delegation of Authority to Postpone, Excuse, or Disqualify. (1) The judges of a court may delegate to court staff and county clerks their authority to disqualify, postpone, or excuse a potential juror from jury service under RCW 2.36.100. The judges of a court may not delegate to court staff and county clerks their authority to excuse a potential juror for unfitness under RCW 2.36.110. (2) Any delegation of authority under this rule must be written and must specify the criteria for making these decisions. (3) Judges may not delegate decision-making authority over any grounds for peremptory challenges or challenges for cause that fall outside the scope of this rule. (c) Grounds for Postponement of Service. (1) Postponement of service for personal or work-related inconvenience should be liberally granted when requested in a timely manner. (2) Postponement shall be to a specified period of time within the twelve-month period pursuant to RCW 2.36.100(2). (d) Grounds for Excusal from Service. (1) Excusal from jury service shall be limited and shall be allowed only when justified by the criteria established in RCW 2.36.100(1) and 2.36.110. (e) Grounds for Disqualification of Potential Jurors. [Reserved. See RCW 2.36.070.] [Adopted effective October 1, 2002.]

citation: GR GR 28

rule_number: GR 28


title: Presiding Judge in Superior Court District and Limited Jurisdiction Court District

text:
GR 29 PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND LIMITED JURISDICTION COURT DISTRICT (a) Election, Term, Vacancies, Removal and Selection Criteria--Multiple Judge Courts. (1) Election. Each superior court district and each limited jurisdiction court district (including municipalities operating municipal courts) having more than one judge shall establish a procedure, by local court rule, for election, by the judges of the district, of a Presiding Judge, who shall supervise the judicial business of the district. In the same manner, the judges shall elect an Assistant Presiding Judge of the district who shall serve as Acting Presiding Judge during the absence or upon the request of the Presiding Judge and who shall perform such further duties as the Presiding Judge, the Executive Committee, if any, or the majority of the judges shall direct. If the judges of a district fail or refuse to elect a Presiding Judge, the Supreme Court shall appoint the Presiding Judge and Assistant Presiding Judge. (2) Term. The Presiding Judge shall be elected for a term of not less than two years, subject to reelection. The term of the Presiding Judge shall commence on January 1 of the year in which the Presiding Judge’s term begins. (3) Vacancies. Interim vacancies of the office of Presiding Judge or Acting Presiding Judge shall be filled as provided in the local court rule in (a)(1). (4) Removal. The Presiding Judge may be removed by a majority vote of the judges of the district unless otherwise provided by local court rule. (5) Selection Criteria. Selection of a Presiding Judge should be based on the judge’s 1) management and administrative ability, 2) interest in serving in the position, 3) experience and familiarity with a variety of trial court assignments, and 4) ability to motivate and educate other judicial officers and court personnel. A Presiding Judge must have at least four years of experience as a judge, unless this requirement is waived by a majority vote of the judges of the court. Commentary It is the view of the committee that the selection and duties of a presiding judge should be enumerated in a court rule rather than in a statute. It is also our view that one rule should apply to all levels of court and include single judge courts. Therefore, the rule should be a GR (General Rule). The proposed rule addresses the process of selection/removal of a presiding judge and an executive committee. It was the intent of the committee to provide some flexibility to local courts wherein they could establish, by local rule, a removal process. Additionally, by delineating the selection criteria for the presiding judge, the committee intends that a rotational system of selecting a presiding judge is not advisable. (b) Selection, Term, and Designation of Presiding Judge Pro Tempore-Single Judge Courts. In court districts or municipalities having only one judge, that judge shall serve as the Presiding Judge for the judge’s term of office, and shall predesignate and prepare a Presiding Judge Pro Tempore to fulfill presiding judge duties in the case of illness, incapacity, resignation, death, or unavailability of the judge. Commentary

In training and preparing the designated Presiding Judge Pro Tempore to fulfill presiding judge duties, a Presiding Judge from a single judge court should address the significant and nondelegable administrative, budgetary, and personal responsibilities of a presiding judge under this court rule, any obligations under collective bargaining agreement(s) or law(s) applicable to court personnel, interjurisdictional relations, and executive and legislative branch collaborations. If it becomes necessary for the Chief Justice to appoint a Presiding Judge Pro Tempore for a single judge court pursuant to RCW 2.56.040(2) or other authority, then the State Court Administrator or the Chief Justice may consider consulting with the local executive or legislative authorities prior to the appointment. (c) Notification of Chief Justice. The Presiding Judge so elected shall send notice of the election of the Presiding Judge and Assistant Presiding Judge, and in cases of single judge courts, the predesignated Presiding Judge Pro Tempore, to the Chief Justice of the Supreme Court within 30 days of election or any new or changed Presiding Judge or Presiding Judge Pro Tempore designations. (d) Caseload Adjustment. To the extent possible, the judicial caseload should be adjusted to provide the Presiding Judge with sufficient time and resources to devote to the management and administrative duties of the office. Commentary Whether caseload adjustments need to be made depends on the size and workload of the court. A recognition of the additional duties of the Presiding Judge by some workload adjustment should be made by larger courts. For example, the Presiding Judge could be assigned a smaller share of civil cases or a block of time every week could be set aside with no cases scheduled so the Presiding Judge could attend to administrative matters. (e) General Responsibilities. The Presiding Judge is responsible for leading the management and administration of the court’s business, recommending policies and procedures that improve the court’s effectiveness, and allocating resources in a way that maximizes the court’s ability to resolve disputes fairly and expeditiously. (f) Duties and Authority. The judicial and administrative duties set forth in this rule cannot be delegated to persons in either the legislative or executive branches of government. A Presiding Judge may delegate the performance of ministerial duties to court employees; however, it is still the Presiding Judge's responsibility to ensure they are performed in accordance with this rule. In addition to exercising general administrative supervision over the court, except those duties assigned to clerks of the superior court pursuant to law, the Presiding Judge shall: (1) Supervise the business of the judicial district and judicial officers in such manner as to ensure the expeditious and efficient processing of all cases and equitable distribution of the workload among judicial officers; (2) Assign judicial officers to hear cases pursuant to statute or rule. The court may establish general policies governing the assignment of judges; (3) Coordinate judicial officers’ vacations, attendance at education programs, and similar matters;

(4) Develop and coordinate statistical and management information; (5) Supervise the daily operation of the court including: (a) All personnel assigned to perform court functions; and (b) All personnel employed under the judicial branch of government, including but not limited to working conditions, hiring, discipline, and termination decisions except wages, or benefits directly related to wages; and (c) The court administrator, or equivalent employee, who shall report directly to the Presiding Judge. Commentary The trial courts must maintain control of the working conditions for their employees. For some courts this includes control over some wage-related benefits such as vacation time. While the executive branch maintains control of wage issues, the courts must assert their control in all other areas of employee relations. With respect to the function of the court clerk, generally the courts of limited jurisdiction have direct responsibility for the administration of their clerk’s office as well as the supervision of the court clerks who work in the courtroom. In the superior courts, the clerk’s office may be under the direction of a separate elected official or someone appointed by the local judges or local legislative or executive authority. In those cases where the superior court is not responsible for the management of the clerk’s office, the presiding judge should communicate to the county clerk any concerns regarding the performance of statutory court duties by county clerk personnel. A model job description, including qualification and experience criteria, for the court administrator position shall be established by the Board for Judicial Administration. A model job description that generally describes the knowledge, skills, and abilities of a court administrator would provide guidance to Presiding Judges in modifying current job duties/responsibilities or for courts initially hiring a court administrator or replacing a court administrator. (6) Supervise the court’s accounts and auditing the procurement and disbursement of appropriations and preparation of the judicial district's annual budget request; (7) Appoint standing and special committees of judicial officers necessary for the proper performance of the duties of the judicial district; (8) Promulgate local rules as a majority of the judges may approve or as the Supreme Court shall direct; (9) Supervise the preparation and filing of reports required by statute and court rule; (10) Act as the official spokesperson for the court in all matters with the executive or legislative branches of state and local government and the community unless the Presiding Judge shall designate another judge to serve in this capacity; Commentary

This provision recognizes the Presiding Judge as the official spokesperson for the court. It is not the intent of this provision to preclude other judges from speaking to community groups or executive or legislative branches of state or local government. (11) Preside at meetings of the judicial officers of the district; (12) Determine the qualifications of and establish a training program for Presiding Judges Pro Tempore predesignated under subsection (c), pro tem judges and pro tem court commissioners; and (13) Perform other duties as may be assigned by statute or court rule. Commentary The proposed rule also addresses the duties and general responsibilities of the presiding judge. The language in subsection (d), (e), (f) and (g) was intended to be broad in order that the presiding judge may carry out their responsibilities. There has been some comment that individual courts should have the ability to change the “duties and general responsibilities” subsections by local rule. While our committee has not had an opportunity to discuss this fully, this approach has a number of difficulties: •

It would create many “Presiding Judge Rules,” all of which are different.

• It could subject some municipal and district court judges to pressure from their executive and/or legislative authority to relinquish authority over areas such as budget and personnel. • It would impede the ability of the BJA through AOC to offer consistent training to incoming presiding judges. The Unified Family Court subgroup of the Domestic Relations Committee suggested the presiding judge is given specific authority to appoint judges to the family court for long periods of time. Again the committee has not addressed the proposal; however, subsections (e) and (f) do give the presiding judge broad powers to manage the judicial resources of the court, including the assignment of judges to various departments. (g) Executive Committee. The judges of a court may elect an executive committee consisting of other judicial officers in the court to advise the Presiding Judge. By local rule, the judges may provide that any or all of the responsibilities of the Presiding Judge be shared with the Executive Committee and may establish additional functions and responsibilities of the Executive Committee. Commentary Subsection (g) provides an option for an executive committee if the presiding judge and/or other members of the bench want an executive committee. (h) Oversight of judicial officers. It shall be the duty of the Presiding Judge to supervise judicial officers to the extent necessary to ensure the timely and efficient processing of cases. The Presiding Judge shall have the authority to address a judicial officer’s failure to perform judicial duties and to propose remedial action. If remedial action is not successful, the Presiding Judge shall notify the Commission on Judicial Conduct of a judge’s substantial failure to perform

judicial duties, which includes habitual neglect of duty or persistent refusal to carry out assignments or directives made by the Presiding Judge, as authorized by this rule. (i) Multiple Court Districts. In counties that have multiple court districts, the judges may, by majority vote of each court, elect to conduct the judicial business collectively under the provisions of this rule. (j) Multiple Court Level Agreement. The judges of the superior, district, and municipal courts or any combination thereof in a superior court judicial district may, by majority vote of each court, elect to conduct the judicial business collectively under the provisions of this rule. (k) Employment Contracts. A part-time judicial officer may contract with a municipal or county authority for salary and benefits. The employment contract shall not contain provisions which conflict with this rule, the Code of Judicial Conduct or statutory judicial authority, or which would create an impropriety or the appearance of impropriety concerning the judge's activities. The employment contract should acknowledge the court is a part of an independent branch of government and that the judicial officer or court employees are bound to act in accordance with the provisions of the Code of Judicial Conduct and Washington State Court rules. A part-time judicial officer’s employment contract shall comply with GR 29(k) and contain the following provisions, which shall not be contradicted or abrogated by other provisions within the contract. (l) Required Provisions of a Part-Time Judicial Officer Employment Contract. (1) Term of Office and Salary. The judge’s term of office shall be four years, as provided in RCW 3.50.050. The judge’s salary shall be fixed by ordinance in accordance with RCW 3.50.080, and the salary shall not be diminished during the term of office. (2) Judicial Duties. The judge shall perform all duties legally prescribed for a judicial officer according to state law, the requirements of the Code of Judicial Conduct, and Washington State court rules. (3) Judicial Independence and Administration of the Court. The court is an independent branch of government. The judge shall supervise the daily operations of the court and all personnel assigned to perform court functions in accordance with the provisions of GR 29(e) and (f), and RCW 3.50.080. Under no circumstances should judicial retention decisions be made on the basis of a judge’s or a court’s performance relative to generating revenue from the imposition of legal financial obligations. (4) Termination and Discipline. The judge may only be admonished, reprimanded, censured, suspended, removed, or retired during the judge’s term of office only upon action of the Washington State Supreme Court, as provided in article IV, section 31 of the Washington State Constitution. [Adopted effective April 30, 2002; Amended effective May 5, 2009; February 1, 2021; January 1, 2023.]

citation: GR GR 29

rule_number: GR 29


title: Electronic Filing and Service

text:
GR 30 ELECTRONIC FILING AND SERVICE (a) Definitions. (1) “Electronic Filing” is the electronic transmission of information to a court or clerk for case processing. (2) “Electronic Document” is an electronic version of information traditionally filed in paper form, except for documents filed by facsimile which are addressed in GR 17. An electronic document has the same legal effect as a paper document. (3) “Electronic Filing Technical Standards” are those standards, not inconsistent with this rule, adopted by the Judicial Information System committee to implement electronic filing. (4) “Electronic signature” is an electronic image of the handwritten signature or other electronic sound, symbol, or process, of an individual; attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record, including but not limited to “/s/ [name of signatory]”. (5) “Filer” is the person whose user ID and password are used to file an electronic document. (b) Electronic filing authorization, exception, service, and technology equipment. (1) The clerk may accept for filing an electronic document that complies with the Court Rules and the Electronic Filing Technical Standards. (2) A document that is required by law to be filed in non-electronic media may not be electronically filed. Comment Certain documents are required by law to be filed in non-electronic media. Examples are original wills, certified records of proceedings for purposes of appeal, negotiable instruments, and documents of foreign governments under official seal. (3) Electronic Transmission from the Court. The court or clerk may electronically transmit notices, orders, or other documents to all attorneys as authorized under local court rule, or to a party who has filed electronically or has agreed to accept electronic documents from the court, and has provided the clerk the address of the party’s electronic mailbox. It is the responsibility of all attorneys and the filing or agreeing party to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other documents. (4) A court may adopt a local rule that mandates electronic filing by attorneys and/or electronic service of documents on attorneys for parties of record, provided that the attorneys are not additionally required to file paper copies except for those documents set forth in (b)(2). Electronic service may be made either through an electronic transmission directly from the court (where available) or by a party’s attorney. Absent such a local rule, parties may electronically serve documents on other parties of record only by agreement. The local rule shall not be inconsistent with this rule and the Electronic Filing Technical Standards, and the local rule shall permit paper filing and/or service upon a showing of good cause. Electronic filing and/or service should not serve as a barrier to access. Comment

When adopting electronic filing requirements, courts should refrain from requiring counsel to provide duplicate paper pleadings as “working copies” for judicial officers. (c) Time of Filing, Confirmation, and Rejection. (1) An electronic document is filed when it is received by the clerk’s designated computer during the clerk’s business hours; otherwise the document is considered filed at the beginning of the next business day. (2) The clerk shall issue confirmation to the filing party that an electronic document has been received. (3) The clerk may reject a document that fails to comply with applicable electronic filing requirements. The clerk must notify the filing party of the rejection and the reason therefor. (d) Authentication of Electronic Documents. (1) Procedures (A) A person filing an electronic document must have received a user ID and password from a government agency or a person delegated by such agency in order to use the applicable electronic filing service. Comment The committee encourages local clerks and courts to develop a protocol for uniform statewide single user ID’s and passwords. (B) All electronic documents must be filed by using the user ID and password of the filer. (C) A filer is responsible for all documents filed with their user ID and password. No one shall use the filer’s user ID and password without the authorization of the filer. (2) Signatures (A) Attorney Signatures--An electronic document which requires an attorney’s signature may be signed with an electronic signature or signed in the following manner: s/John Attorney State Bar Number 12345 ABC Law Firm 123 South Fifth Avenue Seattle, WA 98104 Telephone: (206) 123-4567 Fax: (206) 123-4567 E-mail: John.Attorney@lawfirm.com (B) Non-attorney signatures--An electronic document which requires a non-attorney’s signature and is not signed under penalty of perjury may be signed with an electronic signature or signed in the following manner: s/John Citizen 123 South Fifth Avenue Seattle, WA 98104 Telephone: (206) 123-4567 Fax: (206) 123-4567 E-mail: John.Citizen@email.com

(C) Non-attorney signatures on documents signed under penalty of perjury--Except as set forth in (d)(2)(D) of this rule, if the original document requires the signature of a non-attorney signed under penalty of perjury, the filer must either: (i) Scan and electronically file the entire document, including the signature page with the signature, and maintain the original signed paper document for the duration of the case, including any period of appeal, plus sixty (60) days thereafter; or (ii) Ensure the electronic document has the electronic signature of the signer. (D) Law enforcement officer signatures on documents signed under penalty of perjury. (i) A citation or notice of infraction initiated by an arresting or citing officer as defined in IRLJ 1.2(j) and in accordance with CrRLJ 2.1 or IRLJ 2.1 and 2.2 is presumed to have been signed when the arresting or citing officer uses their user id and password to electronically file the citation or notice of infraction. (ii) Any document initiated by a law enforcement officer is presumed to have been signed when the officer uses their user ID and password to electronically submit the document to a court or prosecutor through a statewide electronic collision and traffic records program provided by the Washington State Patrol, the Justice Information Network Data Exchange, or a local secured system that the presiding judge designates by local rule. Unless otherwise specified, the signature shall be presumed to have been made under penalty of perjury under the laws of the state of Washington and on the date and at the place set forth in the citation. (E) Multiple signatures--If the original document requires multiple signatures, the filer shall scan and electronically file the entire document, including the signature page with the signatures, unless: (i) The electronic document contains the electronic signatures of all signers; or (ii) For a document that is not signed under penalty of perjury, the signator has the express authority to sign for an attorney or party and represents having that authority in the document. If any of the non-electronic signatures are of non-attorneys, the filer shall maintain the original signed paper document for the duration of the case, including any period of appeal, plus sixty (60) days thereafter. (F) Court Facilitated Electronically Captured Signatures--An electronic document that requires a signature may be signed using electronic signature pad equipment that has been authorized and facilitated by the court. This document may be electronically filed as long as the electronic document contains the electronic captured signature. (3) An electronic document filed in accordance with this rule shall bind the signer and function as the signer’s signature for any purpose, including CR 11. An electronic document shall be deemed the equivalent of an original signed document if the filer has complied with this rule. All electronic documents signed under penalty of perjury must conform to the oath language requirements set forth in RCW 9A.72.085 and GR 13. (e) Filing fees, electronic filing fees. (1) The clerk is not required to accept electronic documents that require a fee. If the clerk does accept electronic documents that require a fee, the local courts must develop procedures for fee collection that comply with the payment and reconciliation standards established by the Administrative Office of the Courts and the Washington State Auditor.

(2) Anyone entitled to waiver of non-electronic filing fees will not be charged electronic filing fees. The court or clerk shall establish an application and waiver process consistent with the application and waiver process used with respect to non-electronic filing and filing fees. [Adopted effective September 1, 2003; Amended effective December 4, 2007; September 1, 2011; December 9, 2014; February 1, 2021; January 1, 2023; December 24, 2024.]

citation: GR GR 30

rule_number: GR 30


title: Access to Court Records

text:
GR 31 ACCESS TO COURT RECORDS (a) Policy and Purpose. It is the policy of the courts to facilitate access to court records as provided by Article I, Section 10 of the Washington State Constitution. Access to court records is not absolute and shall be consistent with reasonable expectations of personal privacy as provided by Article I, Section 7 of the Washington State Constitution and shall not unduly burden the business of the courts. (b) Scope. This rule applies to all court records, regardless of the physical form of the court record, the method of recording the court record or the method of storage of the court record. Administrative records are not within the scope of this rule. Court records are further governed by GR 22. (c) Definitions. (1) “Access” means the ability to view or obtain a copy of a court record. (2) “Administrative record” means any record pertaining to the management, supervision or administration of the judicial branch, including any court, board, or committee appointed by or under the direction of any court or other entity within the judicial branch, or the office of any county clerk. (3) “Bulk distribution” means distribution of all, or a significant subset, of the information in court records, as is and without modification. (4) “Court record” includes, but is not limited to: (i) Any document, information, exhibit, or other thing that is maintained by a court in connection with a judicial proceeding, and (ii) Any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by the court that is related to a judicial proceeding. Court record does not include data maintained by or for a judge pertaining to a particular case or party, such as personal notes and communications, memoranda, drafts, or other working papers; or information gathered, maintained, or stored by a government agency or other entity to which the court has access but which is not entered into the record. (5) “Criminal justice agencies” are government agencies that perform criminal justice functions pursuant to statute or executive order and that allocate a substantial part of their annual budget to those functions. (6) “Dissemination contract” means an agreement between a court record provider and any person or entity, except a Washington State court (Supreme Court, court of appeals, superior court, district court or municipal court), that is provided court records. The essential elements of a dissemination contract shall be promulgated by the JIS Committee. (7) “Judicial Information System (JIS) Committee” is the committee with oversight of the statewide judicial information system. The judicial information system is the automated, centralized, statewide information system that serves the state courts. (8) “Judge” means a judicial officer as defined in the Code of Judicial Conduct (CJC) Application of the Code of Judicial Conduct Section (A).

(9) “Public” includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency, however constituted, or any other organization or group of persons, however organized. (10) “Public purpose agency” means governmental agencies included in the definition of “agency” in RCW 42.17.020 and other non-profit organizations whose principal function is to provide services to the public. (d) Access. (1) The public shall have access to all court records except as restricted by federal law, state law, court rule, court order, or case law. (2) Information from an official juvenile offender court record shall not be displayed on a publicly accessible website, consistent with the JISC Policy*. This rule does not preclude accessing the record, digital or otherwise, from a county clerk’s office location. *[JISC policy: Limitation on Dissemination of Juvenile Offender Court Records. ** The dissemination of juvenile offender court records maintained in the Judicial Information System shall be limited as follows: A. Juvenile offender court records shall be excluded from any bulk distribution of JIS records by the AOC otherwise authorized by GR 31(g), except for research purposes as permitted by statute or court rule. B. The AOC shall not display any information from an official juvenile offender court record on a publicly accessible website that is a statewide index of court cases. **Juvenile offender court records shall remain publicly accessible on the JIS Link notwithstanding any provision of this section. (Section added September 6, 2013.)] (3) Each court by action of a majority of the judges may from time to time make and amend local rules governing access to court records not inconsistent with this rule. (4) A fee may not be charged to view court records at the courthouse. (e) Personal Identifiers Omitted or Redacted from Court Records. (1) Except as otherwise provided in GR 22, parties shall not include, and if present shall redact, the following personal identifiers from all documents filed with the court, whether filed electronically or in paper, unless necessary or otherwise ordered by the Court. (A) Social Security Numbers. If the Social Security Number of an individual must be included in a document, only the last four digits of that number shall be used. (B) Financial Account Numbers. If financial account numbers are relevant, only the last four digits shall be recited in the document. (C) Driver’s License Numbers. (2) The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Court, the Clerk, and the Administrative Office of the Courts will not review each pleading for compliance with this rule. If a pleading is filed without redaction, the opposing party or identified person may move the Court to order redaction. The court may

award the prevailing party reasonable expenses, including attorney fees and court costs, incurred in making or opposing the motion. Comment This rule does not require any party, attorney, clerk, or judicial officer to redact information from a court record that was filed prior to the adoption of this rule. (f) Distribution of Court Records Not Publicly Accessible. (1) A public purpose agency may request court records not publicly accessible for scholarly, governmental, or research purposes where the identification of specific individuals is ancillary to the purpose of the inquiry. In order to grant such requests, the court or the Administrator for the Courts must: (A) Consider: (i) the extent to which access will result in efficiencies in the operation of the judiciary; (ii) the extent to which access will fulfill a legislative mandate; (iii) the extent to which access will result in efficiencies in other parts of the justice system; and (iv) the risks created by permitting the access. (B) Determine, in its discretion, that filling the request will not violate this rule. (C) Determine the minimum access to restricted court records necessary for the purpose is provided to the requestor. (D) Assure that prior to the release of court records under section (f) (1), the requestor has executed a dissemination contract that includes terms and conditions which: (i) require the requester to specify provisions for the secure protection of any data that is confidential; (ii) prohibit the disclosure of data in any form which identifies an individual; (iii) prohibit the copying, duplication, or dissemination of information or data provided other than for the stated purpose; and (iv) maintain a log of any distribution of court records which will be open and available for audit by the court or the Administrator of the Courts. Any audit should verify that the court records are being appropriately used and in a manner consistent with this rule. (2) Courts, court employees, clerks and clerk employees, and the Commission on Judicial Conduct may access and use court records only for the purpose of conducting official court business. (3) Criminal justice agencies may request court records not publicly accessible. (A) The provider of court records shall approve the access level and permitted use for classes of criminal justice agencies including, but not limited to, law enforcement, prosecutors, and corrections. An agency that is not included in a class may request access. (B) Agencies requesting access under this section of the rule shall identify the court records requested and the proposed use for the court records. (C) Access by criminal justice agencies shall be governed by a dissemination contract. The contract shall: (i) specify the data to which access is granted, (ii) specify the uses which the agency will make of the data, and (iii) include the agency’s agreement that its employees will access the data only for the uses specified.

(g) Bulk Distribution of Court Records. (1) A dissemination contract and disclaimer approved by the JIS Committee for JIS records or a dissemination contract and disclaimer approved by the court clerk for local records must accompany all bulk distribution of court records. (2) Dissemination contracts shall not include the dissemination or distribution of juvenile courts records. (3) A request for bulk distribution of court records may be denied if providing the information will create an undue burden on court or court clerk operations because of the amount of equipment, materials, staff time, computer time or other resources required to satisfy the request. (4) The use of court records, distributed in bulk form, for the purpose of commercial solicitation of individuals named in the court records is prohibited. (5) The Administrator for the Courts is not responsible for the content of any court documents published through the JIS. (h) Appeals. Appeals of denials of access to JIS records maintained at state level shall be governed by the rules and policies established by the JIS Committee. (i) Notice. The Administrator for the Courts shall develop a method to notify the public of access to court records and the restrictions on access. (j) Access to Juror Information. Individual juror information, other than name, is presumed to be private. After the conclusion of a jury trial, the attorney for a party, or party pro se, or member of the public, may petition the trial court for access to individual juror information under the control of court. Upon a showing of good cause, the court may permit the petitioner to have access to relevant information. The court may require that juror information not be disclosed to other persons. (k) Access to Master Jury Source List. Master jury source list information, other than name and address, is presumed to be private. Upon a showing of good cause, the court may permit a petitioner to have access to relevant information from the list. The court may require that the information not be disclosed to other persons. [Adopted effective October 26, 2004; Amended effective January 3, 2006; May 15, 2023; June 27, 2023.]

citation: GR GR 31

rule_number: GR 31