title: Grievance Procedures

text: GALR 7 GRIEVANCE PROCEDURES Each court shall promulgate rules that set out or refer to policies and procedures establishing and governing the filing, investigating, and adjudicating grievances made by or against guardians ad litem or court visitors under Titles, 11, 13, and 26 RCW. The rules shall, at a minimum, comply with and address the following: (a) Clear and concise. The rules shall be clear, and concise and easily understood by both attorneys and non attorneys. (b) Separate procedures. The rules shall establish separate procedures addressing grievances or complaints filed during the pendency of a case, and grievances or complaints filed subsequent to the conclusion of a case. (c) Fair treatment of grievances. The rules shall establish procedures providing for fair treatment of grievances including appearance-of-fairness and conflict issues. (d) CASA grievance procedures. Where applicable, local rules shall accommodate the grievance procedures of Court Appointed Special Advocate(s) (CASA) or other volunteer program(s). (e) Confidentiality. The rules shall provide for confidentiality of complaints until merit has been found. (f) Response to complaint. The rules shall provide a procedure for any guardian ad litem or court visitor who is the subject of a complaint to respond to the complaint. (g) Complaint resolution time standards. The rules shall include a time limit during which a complaint must be resolved. The limit shall not be longer than 25 days for complaints filed while a case is pending or 60 days for complaints filed subsequent to the conclusion of a case. (h) Records of grievances. For its own reference purposes, the court shall maintain a record of grievances filed and of any sanctions issued pursuant to local court grievance procedure. (i) Removal from registry. When a guardian ad litem or court visitor is removed from a county’s registry pursuant to the disposition of a grievance, the court of that county shall send notice of such removal to the Office of the Administrator of the Courts, who shall on a regular basis, but not less than biannually, forward the information to the superior courts of each county in the state of Washington. (j) Implementation. Local court rules establishing a grievance procedure shall be filed in the manner provided in GR 7. [Adopted effective November 27, 2001; Amended effective December 10, 2024.]

citation: GALR GALR 7

rule_number: GALR 7


doc_type: court-rule

jurisdiction: wa

title: Scope

text: CrR 1.1 SCOPE These rules govern the procedure in the courts of general jurisdiction of the State of Washington in all criminal proceedings and supersede all procedural statutes and rules that may be in conflict and shall be interpreted and supplemented in light of the common law and the decisional law of this state. These rules shall not be construed to affect or derogate from the constitutional rights of any defendant. [Adopted effective July 1, 1973.]

license: public-domain-government-work

citation: CrR CrR 1.1

rule_set: CrR

rule_number: CrR 1.1


title: Purpose and Construction

text: CrR 1.2 PURPOSE AND CONSTRUCTION These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration, effective justice, and the elimination of unjustifiable expense and delay. [Adopted effective July 1, 1973.]

citation: CrR CrR 1.2

rule_number: CrR 1.2


title: Effect

text: CrR 1.3 EFFECT On their effective date these rules apply to any proceedings in court then pending or thereafter commenced regardless of when the proceedings were commenced, except to the extent that in the opinion of the court, the former procedure should continue to be made applicable in a particular case in the interest of justice. [Adopted effective July 1, 1973; Amended effective September 1, 2019.]

citation: CrR CrR 1.3

rule_number: CrR 1.3


title: Prosecuting Attorney Definition

text: CrR 1.4 PROSECUTING ATTORNEY DEFINITION Whenever used in these rules, prosecuting attorney shall include deputy prosecuting attorneys, or such other person as may be designated by statute. [Adopted effective July 1, 1973.]

citation: CrR CrR 1.4

rule_number: CrR 1.4


title: Style and Form

text: CrR 1.5 STYLE AND FORM [Reserved. See GR 14.] [Adopted effective September 1, 1990; Amended effective September 1, 2000.]

citation: CrR CrR 1.5

rule_number: CrR 1.5


title: The Indictment and the Information

text: CrR 2.1 THE INDICTMENT AND THE INFORMATION (a) Use of Indictment or Information. The initial pleading by the State shall be an indictment or an information in all criminal proceedings filed by the prosecuting attorney. (1) Nature. The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney. Allegations made in one count may be incorporated by reference in another count. It may be alleged that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to the defendant's prejudice. (2) Contents. The indictment or the information shall contain or have attached to it the following information when filed with the court: (i) the name, address, date of birth, and sex of the defendant; (ii) all known personal identification numbers for the defendant, including the Washington driver's operating license (DOL) number, the state criminal identification (SID) number, the state criminal process control number (PCN), the JUVIS control number, and the Washington Department of Corrections (DOC) number. (b) Surplusage. The court on motion of the defendant may strike surplusage from the indictment or information. (c) Bill of Particulars. The court may direct the filing of a bill of particulars. A motion for a bill of particulars may be made before arraignment or within 10 days after arraignment or at such later time as the court may permit. (d) Amendment. The court may permit any information or bill of particulars to be amended at any time before verdict or finding if substantial rights of the defendant are not prejudiced. (e) Defendant's Criminal History. Upon the filing of an indictment or information charging a felony, the prosecuting attorney shall request a copy of the defendant's criminal history, as defined in RCW 9.94A.030, from the Washington State Patrol Identification and Criminal History Section. Comment Supersedes RCW 10.37.020, .025, .026, .035, .180; RCW 10.40.080; RCW 10.46.170. The purpose of section (f) is to ensure that the defendant's criminal history is available when and if the court is required to determine the validity of a plea agreement. [Adopted effective July 1, 1973; Amended effective September 1, 1986; July 1, 1984; March 18, 1994.]

citation: CrR CrR 2.1

rule_number: CrR 2.1


title: Warrant of Arrest and Summons

text:
CrR 2.2 WARRANT OF ARREST AND SUMMONS (a) Warrant of Arrest. (1) Generally. If an indictment is found or an information is filed, the court may direct the clerk to issue a warrant for the arrest of the defendant. (2) Probable Cause. Before ruling on a request for a warrant the court may require the complainant to appear personally and may examine under oath the complainant and any witnesses the complainant may produce. A warrant of arrest may not issue unless the court determines that there is probable cause to believe that the defendant committed the offense charged. The court shall determine probable cause based on an affidavit, a statement as provided in GR 13, or sworn testimony establishing the grounds for issuing the warrant. Sworn testimony shall be recorded electronically, stenographically, or through any other reliable means. The evidence shall be preserved and shall be subject to constitutional limitations for probable cause determinations and may be hearsay in whole or in part. (3) Ascertaining Defendant’s Current Address. (i) Search for address. The court shall not issue a warrant unless it determines that the complainant has attempted to ascertain the defendant’s current address by searching the following: (A) the District Court Information System database (DISCIS), (B) the driver’s license and identicard database maintained by the Department of Licenses; and (C) the database maintained by the Department of Corrections listing persons incarcerated and under supervision. The court in its discretion may require that other databases be searched. (ii) Exemptions from Address Search. The search required by subdivision (i) shall not be required if (A) the defendant has already appeared in court after filing of the same case, (B) the defendant is known to be in custody, or (C) the defendant’s name is unknown. (iii) Effect of Erroneous Issuance. If a warrant is erroneously issued in violation of this subsection (a)(3), that error shall not affect the validity of the warrant. (b) Issuance of Summons in Lieu of Warrant. (1) Generally. If an indictment is found or an information is filed, the court may direct the clerk to issue a summons commanding the defendant to appear before the court at a specified time and place. (2) When Summons Must Issue. The court shall direct the clerk to issue a summons instead of a warrant unless it finds reasonable cause to believe that the defendant (i) will not appear in response to a summons, (ii) will commit a violent offense, (iii) will interfere with witnesses or the administration of justice, or (iv) is in custody. (3) Summons. A summons shall be in writing and in the name of the State of Washington, shall be signed by the clerk with the title of the office, and shall state the date when issued and the county where issued. It shall state the name of the defendant and shall summon the defendant to appear before the court at a stated time and place. (4) Failure To Appear on Summons. If a person fails to appear in response to a summons, or if service is not effected within a reasonable time, a warrant for arrest may issue.

(c) Requisites of a Warrant. The warrant shall be in writing and in the name of the State of Washington, shall be signed by the clerk with the title of the office, and shall state the date when issued and the county where issued. It shall specify the name of the defendant, or if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty. The warrant shall specify the offense charged against the defendant and that the court has found that probable cause exists to believe the defendant has committed the offense charged and shall command that the defendant be arrested and brought forthwith before the court issuing the warrant. If the offense is bailable, the judge shall set forth in the order for the warrant, bail, or other conditions of release. (d) Execution; Service. (1) Execution of Warrant. The warrant shall be directed to all peace officers in the state and shall be executed only by a peace officer. (2) Service of Summons. The summons may be served any place within the state. It shall be served by a peace officer who shall deliver a copy of the same to the defendant personally, or it may be served by mailing the same, postage prepaid, to the defendant at the defendant's address. (e) Return. The officer executing a warrant shall make return to the court before whom the defendant is brought pursuant to these rules. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the issuing court to be canceled. The person to whom a summons has been delivered for service shall, on or before the return date, file a return with the court before which the summons is returnable. For reasonable cause, the court may order that the warrant be returned to it. (f) Defective Warrant or Summons. (1) Amendment. No person arrested under a warrant or appearing in response to a summons shall be discharged from custody or dismissed because of any irregularity in the warrant or summons, but the warrant or summons may be amended so as to remedy any such irregularity. (2) Issuance of New Warrant or Summons. If during the preliminary examination of any person arrested under a warrant or appearing in response to a summons, it appears that the warrant or summons does not properly name or describe the defendant or the offense with which the defendant is charged, or that although not guilty of the offense specified in the warrant or summons, there is reasonable ground to believe that the defendant is guilty of some other offense, the judge shall not discharge or dismiss the defendant but may allow a new indictment or information to be filed and shall thereupon issue a new warrant or summons. (g) Failure to Issue Warrant--Dismissal. Upon five days’ notice to the prosecuting attorney, the court shall dismiss a charge without prejudice if (i) 90 days have elapsed since the indictment or information was filed and (ii) on the date that the order of dismissal is entered, no warrant has been issued and the defendant has not appeared in court. Comment Supersedes RCW 10.31.010, .020.

[Adopted effective July 1, 1973; Amended effective September 1, 1983; September 1, 1986; September 1, 1995; September 1, 2003; September 1, 2006; September 1, 2014; February 1, 2021.]

citation: CrR CrR 2.2

rule_number: CrR 2.2


title: Search and Seizure

text:
CrR 2.3 SEARCH AND SEIZURE (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued by the court upon request of a peace officer or a prosecuting attorney. (b) Property or Persons Which May Be Seized With a Warrant. A warrant may be issued under this rule to search for and seize any (1) evidence of a crime; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) weapons or other things by means of which a crime has been committed or reasonably appears about to be committed; or (4) person for whose arrest there is probable cause, or who is unlawfully restrained. (c) Issuance and Contents. A search warrant may be issued only if the court determines there is probable cause for the issuance of a warrant. The evidence in support of the warrant must be in the form of affidavits, a statement as provided in GR 13, or sworn testimony establishing the grounds for issuing the warrant and may be provided to the court by any reliable means. Any sworn testimony must be recorded and made part of the court record and shall be transcribed if requested by a party if there is a challenge to the validity of the warrant or if ordered by the court. The evidence in support of the finding of probable cause shall be preserved and shall be subject to constitutional limitations for such determinations and may be hearsay in whole or in part. If the court finds that probable cause for the issuance of a warrant exists, it shall issue a warrant or direct an individual whom it authorizes for such purpose to affix the court's signature to a warrant identifying the property or person and naming or describing the person, place or thing to be searched. The court’s authorization may be communicated by any reliable means. A record shall be made of any additional evidence on which the court relies. The warrant shall be directed to any peace officer and shall command the officer to search, within a specified period of time not to exceed 10 days, the person, place, or thing named for the property or person specified. The warrant shall designate the court to which the warrant shall be returned. The warrant may be served at any time. (d) Execution and Return With Inventory. The peace officer taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the warrant and a receipt for the property taken. If no such person is present, the officer may post a copy of the search warrant and receipt. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person from whose possession or premises the property is taken, or in the presence of at least one person other than the officer. The court shall upon request provide a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. (e) Motion for Return of Property. A person aggrieved by an unlawful search and seizure may move the court for the return of the property on the ground that the property was illegally seized and that the person is lawfully entitled to possession thereof. If the motion is granted the property shall be returned. If a motion for return of property is made or comes on for hearing after an indictment or information is filed in the court in which the motion is pending, it shall be treated as a motion to suppress. (f) Searches of Media. (1) Scope. If an application for a search warrant is governed by RCW 10.79.015(3) or 42 U.S.C. sections 2000aa et seq., this section controls the procedure for obtaining the evidence.

(2) Subpoena Duces Tecum. Except as provided in subsection (3), if the court determines that the application satisfies the requirements for issuance of a warrant, as provided in section (c) of this rule, the court shall issue a subpoena duces tecum in accordance with CR 45(b). (3) Warrant. If the court determines that the application satisfies the requirements for issuance of a warrant and that RCW 10.79.015(3) and 42 U.S.C. sections 2000aa et seq. permit issuance of a search warrant rather than a subpoena duces tecum, the court may issue a warrant. Comment Supersedes RCW 10.79.010, .030. [Adopted effective July 1, 1973; Amended effective September 1, 1983; September 1, 1986; September 1, 1995; September 1, 2014; February 1, 2021.]

citation: CrR CrR 2.3

rule_number: CrR 2.3


title: Right to and Assignment of Lawyer

text:
CrR 3.1 RIGHT TO AND ASSIGNMENT OF LAWYER (a) Types of Proceedings. The right to a lawyer shall extend to all criminal proceedings for offenses punishable by loss of liberty regardless of their denomination as felonies, misdemeanors, or otherwise. (b) Stage of Proceedings. (1) The right to a lawyer shall accrue as soon as feasible after the defendant is taken into custody, appears before a committing magistrate, or is formally charged, whichever occurs earliest. (2)(A) A lawyer shall be provided at every stage of the proceedings, including sentencing, appeal, and post-conviction review. A lawyer initially appointed shall continue to represent the defendant through all stages of the proceedings unless a new appointment is made by the court following withdrawal of the original lawyer pursuant to section (e) because geographical considerations or other factors make it necessary. (B) A person shall be provided a lawyer where they have demonstrated under CrR 7.8(c)(2)(i) that they are (i) serving a sentence for a conviction based on a statute determined to be void, invalid, or unconstitutional by the United States Supreme Court, the Washington Supreme Court, or an appellate court where review either was not sought or was denied or (ii) serving a sentence that was calculated under RCW 9.94A.525 using a prior or current conviction based on such a statute. Where that person is currently serving the underlying sentence in a correctional institution and was determined to be indigent at the time of sentencing, that person is presumed to remain indigent and has the right to assignment of counsel. (c) Explaining the Availability of a Lawyer. (1) When a person is taken into custody that person shall immediately be advised of the right to a lawyer. Such advice shall be made in words easily understood, and it shall be stated expressly that a person who is unable to pay a lawyer is entitled to have one provided without charge. (2) At the earliest opportunity a person in custody who desires a lawyer shall be provided access to a telephone, the telephone number of the public defender or official responsible for assigning a lawyer, and any other means necessary to place the person in communication with a lawyer. (d) Assignment of Lawyer. (1) Unless waived, a lawyer shall be provided to any person who is financially unable to obtain one without causing substantial hardship to the person or to the person’s family. A lawyer shall not be denied to any person merely because the person's friends or relatives have resources adequate to retain a lawyer or because the person has posted or is capable of posting bond. (2) The ability to pay part of the cost of a lawyer shall not preclude assignment. The assignment of a lawyer may be conditioned upon part payment pursuant to an established method of collection. (3) Information given by a person to assist in the determination of whether the person is financially able to obtain a lawyer shall be under oath and shall not be available for use by the prosecution in the pending case in chief. (4) Before appointing a lawyer for an indigent person, or at the first appearance of the

lawyer in the case, the court shall ensure the lawyer is in compliance with the Certification of Compliance requirement in the Supreme Court’s Standards for Indigent Defense. (e) Withdrawal of Lawyer. Whenever a criminal cause has been set for trial, no lawyer shall be allowed to withdraw from said cause, except upon written consent of the court, for good and sufficient reason shown. (f) Services Other Than a Lawyer. (1) A lawyer for a defendant who is financially unable to obtain investigative, expert or other services necessary to an adequate defense in the case may request them by a motion to the court. (2) Upon finding the services are necessary and that the defendant is financially unable to obtain them, the court, or a person or agency to which the administration of the program may have been delegated by local court rule, shall authorize the services. The motion shall be made ex parte and, upon a showing of good cause, the moving papers may be ordered sealed by the court and shall remain sealed until further order of the court. The court, in the interest of justice and on a finding that timely procurement of necessary services could not await prior authorization, shall ratify such services after they have been obtained. (3) Reasonable compensation for the services shall be determined and payment directed to the organization or person who rendered them upon the filing of a claim for compensation supported by affidavit specifying the time expended and the services and expenses incurred on behalf of the defendant, and the compensation received in the same case or for the same services from any other source. Comment Supersedes RCW 10.01.110; RCW 10.40.030; RCW 10.46.050. [Adopted effective July 1, 1973; Amended effective September 1, 1986; September 1, 1995; June 30, 2012; February 1, 2021; December 28, 2021; January 1, 2023.]

citation: CrR CrR 3.1

rule_number: CrR 3.1


title: Standards for Indigent Defense

text:
CrR 3.1 STANDARDS FOR INDIGENT DEFENSE Preamble The Washington Supreme Court adopts the following standards to address certain basic elements of public defense practice related to the effective assistance of counsel. The Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/ CrRLJ 3.1/JuCR 9.2 references specific “Applicable Standards.” The “Applicable Standards” are those referenced in these court rules and when relevant, the Washington State Bar Association Standards for Indigent Defense Services. The court adopts these standards beyond those required for certification to address the issues identified in State v. A.N.J., 168 Wn.2d 91 (2010). The standards are applicable to individual attorneys and remain pertinent to contracts that defense attorneys negotiate and sign. 1 To the extent that certain standards may refer to or be interpreted as referring to local governments, the court recognizes the authority of its rules is limited to attorneys and the courts. Local courts and clerks are encouraged to develop protocols for procedures for receiving and retaining certifications (see Certification of Compliance Instructions and Form at the end of these standards). [Adopted effective October 1, 2012; Amended effective February 1, 2021; January 1, 2026.] Standard 1. Compensation [RESERVED] Standard 2. Duties and Responsibilities of Counsel Counsel shall be provided in all situations in which the right to counsel attaches. [Adopted effective January 1, 2026.] Standard 3. Caseload Limits and Types of Cases Standard 3.1. The contract or other employment agreement shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle. [Adopted effective October 1, 2012.] Standard 3.2. The caseload of appointed attorneys shall allow each lawyer to give each client the time and effort necessary to ensure effective representation. Defender organizations, county offices, contract attorneys, and assigned counsel shall not accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. As used in this standard, “quality representation” means the minimum level of attention, care, and skill that Washington citizens would expect of their state’s criminal justice system. [Adopted effective October 1, 2012; Amended effective January 1, 2026.] Standard 3.3. General Considerations. Caseload limits reflect the maximum caseloads for fully supported full-time appointed attorneys for cases of average complexity and effort in each case type specified. Caseload limits assume a reasonably even distribution of cases throughout the year. The terms “public defense attorneys,” “defense attorneys,” “defender,” “contract attorneys,” “appointed lawyers,” and “assigned counsel” as used in these standards all have the same meaning: a lawyer who is appointed at public expense to represent a person in a criminal, juvenile, civil commitment, or family defense matter.

1

The increased complexity of practice in many areas will require lower caseload limits. The maximum caseload limit should be adjusted downward when the mix of case assignments is weighted toward offenses or case types that demand more investigation, legal research and writing, use of experts, use of social workers, or other expenditures of time and resources. Attorney caseloads should be assessed by the workload required, and cases and types of cases should be weighted accordingly. If appointed counsel is carrying a mixed caseload including cases from more than one category of cases, these standards should be applied proportionately to determine a full caseload. In jurisdictions where appointed counsel or contract attorneys also maintain private law practices, the caseload should be based on the percentage of time the lawyer devotes to public defense. The experience of a particular attorney is a factor in the composition of the case types in the attorney’s caseload, but it is not a factor in adjusting the applicable numerical caseload limits except as follows: attorneys with less than six months of full-time criminal defense experience as an attorney should not be assigned more than two-thirds of the applicable maximum numerical caseload limit. This provision applies whether or not the public defense system uses case weighting. The determination of an attorney’s ability to accept new case assignments must include an assessment of the impact of their open caseload on their ability to provide quality representation. The following types of cases fall within the intended scope of the caseload limits for criminal and juvenile offender cases in standard 3.4 and must be taken into account when assessing an attorney’s numerical caseload: partial case representations, sentence violations, specialty or therapeutic courts, transfers, extraditions, representation of material witnesses, petitions for conditional release or final discharge, and other matters that do not involve a new criminal charge. [Adopted effective October 1, 2012; Amended effective January 1, 2015; January 1, 2026.] Standard 3.4. Caseload Limits. Effective January 1, 2026, the caseload standard for each full-time appointed felony attorney for any 12-month period shall be 47 felony case credits; and for each full-time appointed misdemeanor attorney for any 12-month period shall be 120 misdemeanor case credits; and for each full-time appointed attorney for a respondent in civil commitment proceedings for any 12-month period shall be 250 commitment case credits. 2 Beginning July 1, 2026, family defense attorneys 3 shall not represent more than 45 family defense clients or carry more than 60 open and active cases at any given time; and beginning July 1, 2028, family defense attorneys shall not represent more than 35 family defense clients or carry more than 40 open and active cases at any given time. Actual caseload count will depend on the numerical case weighting system that local jurisdictions may adopt, consistent with standards 3.5 and 3.6. State agencies responsible for administering family defense representation may also adopt case weighting standards. Case Implementation of these mandatory caseload standards must be accomplished as soon as reasonably possible. Implementation of these standards may, however, be accomplished in a phased approach with an annual reduction of at least ten percent (10%) of the difference between the standard in effect prior to January 1, 2026 and the new standard (as measured on January 1, 2026), until the new standard has been met. Full compliance must occur no later than 10 years from January 1, 2026. The reduction and time frame do not allow for any increase in caseloads, even in jurisdictions that are already ahead of the court’s implementation schedule. Similarly, failing to implement annual reductions is contrary to implementation “as soon as reasonably possible.” See Supreme Court Clarifying Order No. 25700-A-1671, filed November 6, 2025.

2

“Family defense” is the practice of representing all people statutorily and constitutionally entitled to legal representation in cases under chapters 13.34, 13.36, and 13.38 RCW.

3

weighting models should consider the Washington State Bar Association (WSBA) Standards for Indigent Defense Services for case weighting. The caseload of a full-time appointed attorney shall not exceed 30 appeals to an appellate court hearing a case on the record and briefs per attorney per year. The caseload standard shall be reduced to 25 beginning January 1, 2027. (The standard assumes experienced appellate attorneys handling cases with records of an average length. If attorneys do not have significant appellate experience and/or the record is greater than average, the caseload should be accordingly reduced.) Full-time rule 9 interns who have not graduated from law school may not have caseloads that exceed twenty-five percent (25%) of the caseload limits established for full-time attorneys. In public defense systems in which attorneys are assigned to represent groups of clients at first appearance or arraignment calendars without an expectation of further or continuing representation for cases that are not resolved at the time (except by dismissal) in addition to individual case assignments, the attorneys’ maximum caseloads should be reduced proportionally, recognizing that preparing for and appearing at such calendars requires additional attorney time. This provision applies both to systems that employ case weighting and those that do not. Resolutions of cases by pleas of guilty to criminal charges on a first appearance or arraignment docket are presumed to be rare occurrences requiring careful evaluation of the evidence and the law, as well as thorough communication with clients, and may be counted as one case. This provision applies both to systems that employ case weighting and those that do not. In public defense systems in which attorneys are assigned to represent groups of clients in routine review hearing calendars in which there is no potential for the imposition of sanctions, the attorneys’ maximum caseloads should be reduced proportionally by the amount of time they spend preparing for and appearing at such calendars. This provision applies whether or not the public defense system uses case weighting. [Adopted effective October 1, 2013, except paragraph 3, regarding misdemeanor caseload limits, effective January 1, 2015; Amended effective January 1, 2015; January 1, 2026.] Standard 3.5. Case Counting and Weighting. Case weighting to measure credits is permissible and encouraged. Attorneys may not count cases using a case weighting system, unless pursuant to written policies and procedures that have been adopted and published by the government entity responsible for employing, contracting with, or appointing them. Such case weighting may use the method in the Rand Study relied on by the WSBA Council on Public Defense and the rules for weighting contained in the WSBA Standards for Indigent Defense Services. If no case weighting system is adopted, the maximum caseload count is the actual number of cases referenced above for each case type. See Supreme Court Order No. 25700-A1644, filed June 9, 2025. A weighting system must: A. recognize the greater or lesser workload required for cases compared to an average case based on a method that adequately assesses and documents the workload involved; B. be consistent with these standards, professional performance guidelines, and the Rules of Professional Conduct; C. not institutionalize systems or practices that fail to allow adequate attorney time for quality representation; D. be periodically reviewed and updated to reflect current workloads; and

E. be filed with the State of Washington Office of Public Defense. Cases should be assessed by the workload required. Cases and types of cases should be weighted accordingly. Cases that are complex, serious, or contribute more significantly to attorney workload than average cases should be weighted upward. In addition, a case weighting system should consider factors that might justify a case weight of less than one case. [Adopted effective October 1, 2012; Amended effective January 1, 2015; January 1, 2026.] Standard 3.6. Case Weighting Examples. The following are some examples of situations where case weighting might result in representations being weighted as more or less than one case. The listing of specific examples is not intended to suggest or imply that representations in such situations should or must be weighted at more or less than one case, only that they may be, if established by an appropriately adopted case weighting system. A. Case Weighting Upward. Serious offenses or complex cases that demand more-thanaverage investigation, legal research, writing, use of experts, use of social workers, and/or expenditures of time and resources should be weighted upward and counted as more than one case. B. Case Weighting Downward. Listed below are some examples of situations where case weighting might justify representations being weighted less than one case. However, care must be taken because many such representations routinely involve significant work and effort and should be weighted at a full case or more. i. Cases that result in partial representations of clients, including client failures to appear and recommencement of proceedings, preliminary appointments in cases in which no charges are filed, appearances of retained counsel, withdrawals or transfers for any reason, or limited appearances for a specific purpose (not including representations of multiple cases on routine dockets). ii. Cases in the criminal or offender case type that do not involve filing of new criminal charges, including sentence violations, extraditions, representations of material witnesses, and other matters or representations of clients that do not involve new criminal charges. Noncomplex sentence violations should be weighted as at least 1/3 of a case. iii. Cases in specialty or therapeutic courts if the attorney is not responsible for defending the client against the underlying charges before or after the client’s participation in the specialty or therapeutic court. However, case weighting must recognize that numerous hearings and extended monitoring of client cases in such courts significantly contribute to attorney workload and in many instances such cases may warrant allocation of full case weight or more. iv. Representation of a person in a court of limited jurisdiction on a charge which, as a matter of regular practice in the court where the case is pending, can be and is resolved at an early stage of the proceeding by a diversion, reduction to an infraction, stipulation on continuance, or other alternative noncriminal disposition that does not involve a finding of guilt. Such cases should be weighted as at least 1/3 of a case. [Adopted effective October 1, 2012; Amended effective January 1, 2015.] Related Standards ABA STANDARDS FOR CRIMINAL JUSTICE: PROSECUTION FUNCTION AND DEFENSE FUNCTION Defense Function std. 4-1.2 (3d ed. 1993) ABA STANDARDS FOR CRIMINAL JUSTICE: PROVIDING DEFENSE SERVICES std. 5-4.3 (3d ed. 1992) AM. BAR ASS’N, GUIDELINES FOR THE APPOINTMENT AND PERFORMANCE OF DEFENSE COUNSEL IN DEATH PENALTY CASES (rev. ed. 2003)

ABA Comm. on Ethics & Prof’l Responsibility, Formal Op. 06-441 (2006) (Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation) Am. Council of Chief Defenders, Statement on Caseloads and Workloads (Aug. 24, 2007) ABA House of Delegates, Eight Guidelines of Public Defense Related to Excessive Caseloads (Aug. 2009) TASK FORCE ON COURTS, NAT’L ADVISORY COMM’N ON CRIMINAL STANDARDS & GOALS, COURTS std. 13.12 (1973) MODEL CODE OF PROF’L RESPONSIBILITY DR 6-101. ABA House of Delegates, The Ten Principles of a Public Defense Delivery System (Feb. 2002) ABA House of Delegates, Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (Feb. 1996) Nat’l Legal Aid & Defender Ass’n, Am. Council of Chief Defenders, Ethical Opinion 0301 (2003). Nat’l Legal Aid & Defender Ass’n, Standards for Defender Services std. IV-1 (1976) Nat’l Legal Aid & Defender Ass’n, Model Contract for Public Defense Services (2000) Nat’l Ass’n of Counsel for Children, NACC Recommendations for Representation of Children in Abuse and Neglect Cases (2001) Seattle Ordinance 121501 (June 14, 2004) Indigent Defense Servs. Task Force, Seattle-King County Bar Ass’n, Guidelines for Accreditation of Defender Agencies Guideline 1 (1982) Wash. State Office of Pub. Defense, Parents Representation Program Standards of Representation (2009) BUREAU OF JUDICIAL ASSISTANCE, U.S. DEP’T OF JUSTICE, INDIGENT DEFENSE SERIES NO. 4, KEEPING DEFENDER WORKLOADS MANAGEABLE (2001) (NCJ 185632) Standard 4. Responsibility of Expert Witnesses [RESERVED] Standard 5. Administrative Costs Standard 5.1. [Reserved.] Standard 5.2. A. Contracts for public defense services should provide for or include administrative costs associated with providing legal representation. These costs should include but are not limited to travel; telephones; law library, including electronic legal research; electronic document filing; financial accounting; case management systems; legal system databases and programs; computers and software; equipment; office space and supplies; Internet services; training; and other costs necessarily incurred for public defense representation and necessary to comply with the requirements imposed by these standards. B. Appointed attorneys shall have (1) access to an office that accommodates confidential meetings with clients and receipt of mail and (2) adequate telephone and electronic services to ensure prompt response to client contact. Appointed counsel and clients shall have prompt and consistent access to interpreter services in order to facilitate communication between counsel and client. [Adopted effective October 1, 2012; Amended effective January 1, 2026.]

Standard 6. Investigators Standard 6.1. Public defense attorneys shall use investigation services as appropriate. [Adopted effective October 1, 2012.] Standard 7. [RESERVED] Standard 8. Reports of Compliance In order to ensure compliance with these caseload standards, jurisdictions should adopt a reliable means for accurate reporting of caseloads. In addition, all appointed defense attorneys should use a case-reporting and management information system that includes the number and types of assigned cases, attorney hours, and case dispositions. Data from these systems should be routinely reported to public defense administrators in a manner that shields confidential, secret, and otherwise nonpublic information from disclosure. Consistent with Standard 11 of the WSBA Standards for Indigent Defense Services, public defense administrators and the Office of Public Defense should review these reports on a regular basis to monitor compliance with these standards. Certification forms shall be filed by every appointed attorney in each trial court case file in criminal and juvenile offender cases, and civil commitment proceedings under chapter 71.05 RCW. [Adopted effective January 1, 2026.] Standards 9.-12. [RESERVED] Standard 13. Limitations on Private Practice Private attorneys who provide public defense representation shall set limits on the amount of privately retained work which can be accepted. These limits shall be based on the percentage of a full-time caseload which the public defense cases represent. [Adopted effective October 1, 2012.] Standard 14. Qualifications of Attorneys Prior to accepting a case, appointed attorneys shall review and certify that they meet the applicable qualifications outlined in Standard 14 of the WSBA Standards for Indigent Defense Services. The appointed attorney shall file the Certification of Compliance Form in each trial court case file in criminal and juvenile offender cases, and civil commitment proceedings under chapter 71.05 RCW. [Adopted effective October 1, 2012; Amended effective January 1, 2026.] Standards 15. Disposition of Client Complaints Standard 15.1. Jurisdictions that administer public defense services should provide a process for receiving, investigating, and promptly responding to client complaints. Complaints should first be directed to the assigned attorney, firm, or agency that is providing or provided representation.

Standard 15.2. Public defense agencies and contractors with multi-attorney private firms should include investigation and disposition of client complaints in their supervisory services. Standard 15.3. The complaining client should be informed about the disposition of their complaint in a timely manner. [Adopted effective January 1, 2026.] Standard 16. [RESERVED] Standard 17. Nondiscrimination Public defense services and appointed lawyers shall comply with all laws prohibiting discrimination on the grounds of race, ethnicity, religion, national origin, language, age, marital status, gender identity, sexual orientation, or disability. [Adopted effective January 1, 2026.] Standard 18. Guidelines for Awarding Defense Contracts Judges, judicial staff, city attorneys, county prosecutors, and law enforcement offices shall not select the attorneys who will be included in a contract or an assigned counsel list. See GR 42. [Adopted effective January 1, 2026.] CERTIFICATION OF COMPLIANCE For criminal and juvenile offender cases, and civil commitment proceedings under chapter 71.05 RCW, a signed Certification of Compliance with Applicable Standards must be filed by an appointed attorney by separate written certification in each case in which the attorney has been appointed as counsel and on a quarterly basis with each court or appointing authority. Certifications may be made available to the public upon request. The certification must be in substantially the following form: SEPARATE CERTIFICATION FORM __________________________ Court of Washington

[ ] No.: __________________

for _______________________________________

[ ] Check if Administrative Filing

State of Washington_______________________, Plaintiff vs.

[ ] Case file No.: ___________

_______________________________________, Defendant The undersigned attorney hereby certifies:

CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1 / CrRLJ 3.1 / JuCR 9.2

1. I _________________________________ (print lawyer’s name) am familiar with the current Standards for Indigent Defense adopted by the Supreme Court that apply to attorneys appointed to represent indigent clients. 2. I file certification forms in each court and in each case in which I am appointed to provide indigent defense representation. 3. Approximately _____ % of my total practice time is devoted to indigent defense cases. Approximately _____ % of my total practice time is devoted to indigent defense cases in this court. 4. I am appointed in other courts to provide indigent defense representation. My practice time in each of those other courts is approximately as follows: ___ Not Applicable Court: __________________ % of total practice: ______ Court: __________________ % of total practice: ______ Court: __________________ % of total practice: ______ 5. Caseload: I limit the number of cases and mix of case types to the caseload limits required by Standards 3.2, 3.3, and 3.4, provided that the graduated implementation of these standards as authorized in Standard 3.4 is compliant with the standards adopted. My caseload is prorated to the percentage of my practice devoted to indigent defense. 6. Qualifications: I meet the minimum basic professional qualifications in the current Washington State Bar Association (WSBA) Standards for Indigent Defense Services. I am familiar with the specific case qualifications in the WSBA Standards for Indigent Defense Services and accept appointment as lead counsel only when I meet the qualifications for that case. 7. Office: I have access to an office that accommodates confidential meetings, receipt of mail, and adequate telephone and communication services as required by Standard 5.2. 8. Investigators: I have investigators available to me and use investigative services as appropriate, as required by Standard 6.1. _________________________________________ Signature, WSBA No.

___________________ Date

[Adopted effective October 1, 2012. Amended effective September 1, 2013; September 17, 2013; October 1, 2013; February 1, 2021; October 31, 2023; January 1, 2026.]


title: Release of Accused

text:
CrR 3.2 RELEASE OF ACCUSED If the court does not find, or a court has not previously found, probable cause, the accused shall be released without conditions. (a) Presumption of Release in Noncapital Cases. Any person, other than a person charged with a capital offense, shall at the preliminary appearance or reappearance pursuant to rule 3.2.1 or CrRLJ 3.2.1 be ordered released on the accused's personal recognizance pending trial unless: (1) the court determines that such recognizance will not reasonably assure the accused's appearance, when required, or (2) there is shown a likely danger that the accused: (i) will commit a violent crime, or (ii) will seek to intimidate or threaten a witness, victim, or court employee, or tamper with evidence or violate a civil or criminal protection order, criminal no contact order, or family law restraining order, and/or conditions of release that protect the safety of alleged victims, witnesses, and the community. For the purpose of this rule, "violent crimes" are not limited to crimes defined as violent offenses in RCW 9.94A.030. In making the determination herein, the court shall, on the available information, consider the relevant facts including, but not limited to, those in subsections (c) and (e) of this rule. (b) Showing of Likely Failure to Appear—Least Restrictive Conditions of Release. If the court determines that the accused is not likely to appear if released on personal recognizance, the court shall impose the least restrictive of the following conditions that will reasonably assure that the accused will be present for later hearings, or, if no single condition gives that assurance, any combination of the following conditions: (1) Place the accused in the custody of a designated person or organization agreeing to supervise the accused; (2) Place restrictions on the travel, association, or place of abode of the accused during the period of release; (3) Require the execution of an unsecured bond in a specified amount; (4) Require the execution of a bond in a specified amount and the deposit in the registry of the court in cash or other security as directed, of a sum not to exceed 10 percent of the amount of the bond, such deposit to be returned upon the performance of the conditions of release or forfeited for violation of any condition of release. If this requirement is imposed, the court must also authorize a surety bond under section (b)(5); (5) Require the execution of a bond with sufficient solvent sureties, or the deposit of cash in lieu thereof; (6) Require the accused to return to custody during specified hours or to be placed on electronic monitoring, if available; or

(7) Impose any condition other than detention deemed reasonably necessary to assure appearance as required. If the court determines that the accused must post a secured or unsecured bond, the court shall consider, on the available information, the accused’s financial resources for the purposes of setting a bond that will reasonably assure the accused’s appearance. (c) Relevant Factors—Future Appearance. In determining which conditions of release will reasonably assure the accused's appearance, the court shall, on the available information, consider the relevant facts including but not limited to: (1) The accused's history of response to legal process, particularly court orders to personally appear; (2) The accused's employment status and history, enrollment in an educational institution or training program, participation in a counseling or treatment program, performance of volunteer work in the community, participation in school or cultural activities or receipt of financial assistance from the government; (3) The accused's family ties and relationships; (4) The accused's reputation, character and mental condition; (5) The length of the accused's residence in the community; (6) The accused's criminal record; (7) The willingness of responsible members of the community to vouch for the accused's reliability and assist the accused in complying with conditions of release; (8) The nature of the charge, if relevant to the risk of nonappearance; (9) Any other factors indicating the accused's ties to the community. (d) Showing of Substantial Danger—Conditions of Release. Upon a showing that there exists a substantial danger that the accused will commit a violent crime or will seek to intimidate or threaten a witness, victim, or court employee, or tamper with evidence or violate a civil or criminal protection order, criminal no contact order, or family law restraining order, and/or conditions of release that protect the safety of alleged victims, witnesses, and the community, the court may impose one or more of the following nonexclusive conditions: (1) Prohibit the accused from approaching or communicating in any manner with particular persons or classes of persons; (2) Prohibit the accused from going to certain geographical areas or premises; (3) Prohibit the accused from possessing any dangerous weapons or firearms, or engaging in certain described activities or possessing or consuming any intoxicating liquors or drugs not prescribed to the accused; (4) Require the accused to report regularly to and remain under the supervision of an officer of the court or other person or agency; (5) Prohibit the accused from committing any violations of criminal law; (6) Require the accused to post a secured or unsecured bond or deposit cash in lieu thereof, conditioned on compliance with all conditions of release. This condition may be imposed only if no less restrictive condition or combination of conditions would reasonably assure the safety of the community. If the court determines under this section that the accused must post a secured or

unsecured bond, the court shall consider, on the available information, the accused’s financial resources for the purposes of setting a bond that will reasonably assure the safety of the community and prevent the defendant from intimidating or threatening a witness, victim, or court employee, or tampering with evidence or violating a civil or criminal protection order, criminal no contact order, or family law restraining order, and/or conditions of release that protect the safety of alleged victims, witnesses, and the community; (7) Place the accused in the custody of a designated person or organization agreeing to supervise the accused; (8) Place restrictions on the travel, association, or place of abode of the accused during the period of release; (9) Require the accused to return to custody during specified hours or to be placed on electronic monitoring, if available; or (10) Impose any condition other than detention to assure that the accused will not threaten or intimidate witnesses, victims, or court employees, or tamper with evidence or violate a civil or criminal protection order, criminal no contact order, or family law restraining order, and/or conditions of release that protect the safety of alleged victims, witnesses, and the community, and reduce danger to others or the community. (e) Relevant Factors—Showing of Substantial Danger. In determining which conditions of release will reasonably assure that the accused will not threaten or intimidate witnesses, victims, or court employees, or tamper with evidence or violate a civil or criminal protection order, criminal no contact order, or family law restraining order, and/or conditions of release that protect the safety of alleged victims, witnesses, and the community, and reduce danger to others or the community, the court shall, on the available information, consider the relevant facts, including but not limited to: (1) The accused’s criminal record; (2) The willingness of responsible members of the community to vouch for the accused’s reliability and assist the accused in complying with conditions of release; (3) The nature of the charge; (4) The accused’s reputation, character and mental condition; (5) The accused’s past record of threats to victims or witnesses, interference with witnesses, victims, or court employees, or tampering with evidence or violating a civil or criminal protection order, criminal no contact order, or family law restraining order, and/or conditions of release that protect the safety of alleged victims, witnesses, and the community; (6) Whether or not there is evidence of present threats or intimidation directed to witnesses; (7) The accused’s past record of committing violent offenses while on pretrial release, probation, or parole; and (8) The accused’s past record of use of or threatened use of deadly weapons or firearms, especially to victims or witnesses. (f) Delay of Release. The court may delay release of a person in the following circumstances:

(1) If the person is intoxicated and release will jeopardize the person’s safety or that of others, the court may delay release of the person or have the person transferred to the custody and care of a treatment center. (2) If the person’s mental condition is such that the court believes the person should be interviewed by a mental health professional for possible commitment to a mental treatment facility pursuant to RCW 71.05, the court may delay release of the person. (3) Unless other grounds exist for continued detention, a person detained pursuant to this section must be released from detention not later than 24 hours after the preliminary appearance. (g) Release in Capital Cases. Any person charged with a capital offense shall not be released in accordance with this rule unless the court finds that release on conditions will reasonably assure that the accused will appear for later hearings, will not intimidate or threaten witnesses, victims, or court employees, or tamper with evidence or violate a civil or criminal protection order, criminal no contact order, or family law restraining order, and/or conditions of release that protect the safety of alleged victims, witnesses, and the community and will not pose a substantial danger to another or the community. If a risk of flight, interference, or danger is believed to exist, the person may be ordered detained without bail. (h) Release After Finding or Plea of Guilty. After a person has been found or pleaded guilty, and subject to RCW 9.95.062, 9.95.064, 10.64.025, and 10.64.027, the court may revoke, modify, or suspend the terms of release and/or bail previously ordered. (i) Order for Release. A court authorizing the release of the accused under this rule shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform the accused of the penalties applicable to violations of the conditions imposed, if any, shall inform the accused of the penalties applicable to violations of the conditions of the accused's release and shall advise the accused that a warrant for the accused's arrest may be issued upon any such violation. (j) Review of Conditions. (1) At any time after the preliminary appearance, an accused who is being detained due to failure to post bail may move for reconsideration of bail. In connection with this motion, both parties may present information by proffer or otherwise. If deemed necessary for a fair determination of the issue, the court may direct the taking of additional testimony. (2) A hearing on the motion shall be held within a reasonable time. An electronic or stenographic record of the hearing shall be made. Following the hearing, the court shall promptly enter an order setting out the conditions of release in accordance with section (i). If a bail requirement is imposed or maintained, the court shall set out its reasons on the record or in writing. (k) Amendment or Revocation of Order. (1) The court ordering the release of an accused on any condition specified in this rule may at any time on change of circumstances, new information or showing of good cause amend its order to impose additional or different conditions for release. (2) Upon a showing that the accused has willfully violated a condition of release, the court may revoke release and may order forfeiture of any bond. Before entering an order revoking release or forfeiting bail, the court shall hold a hearing in accordance with section (j). Release may be revoked only if the violation is proved by clear and convincing evidence. (l) Arrest for Violation of Conditions.

(1) Arrest With Warrant. Upon the court's own motion or a verified application by the prosecuting attorney alleging with specificity that an accused has willfully violated a condition of the accused's release, a court shall order the accused to appear for immediate hearing or issue a warrant directing the arrest of the accused for immediate hearing for reconsideration of conditions of release pursuant to section (k). (2) Arrest Without Warrant. A law enforcement officer having probable cause to believe that an accused released pending trial for a felony is about to leave the state or has violated a condition of such release under circumstances rendering the securing of a warrant impracticable may arrest the accused and take him forthwith before the court for reconsideration of conditions of release pursuant to section (k). (m) Evidence. Information stated in, or offered in connection with, any order entered pursuant to this rule need not conform to the rules pertaining to the admissibility of evidence in a court of law. (n) Forfeiture. Nothing contained in this rule shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court. (o) Accused Released on Recognizance or Bail--Absence--Forfeiture. If the accused has been released on the accused's own recognizance, on bail, or has deposited money instead thereof, and does not appear when the accused's personal appearance is necessary or violated conditions of release, the court, in addition to the forfeiture of the recognizance, or of the money deposited, may direct the clerk to issue a bench warrant for the accused's arrest. Comment Supersedes RCW 10.16.190; RCW 10.19.010, .020, .025, .050, .070, .080; RCW 10.40.130; RCW 10.46.170; RCW 10.64.035. [Adopted effective July 1, 1973; amended effective July 1, 1976; September 1, 1983; September 1, 1986; September 1, 1991; September 1, 1995; April 3, 2001; September 1, 2002; September 1, 2015; February 28, 2017; December 23, 2025.]

citation: CrR CrR 3.2

rule_number: CrR 3.2


title: Procedure Following Warrantless Arrest - Preliminary Appearance

text:
CrR 3.2.1 PROCEDURE FOLLOWING WARRANTLESS ARREST— PRELIMINARY APPEARANCE (a) Probable Cause Determination. A person who is arrested shall have a judicial determination of probable cause no later than 48 hours following the person’s arrest, unless probable cause has been determined prior to such arrest. (b) How Determined. The court shall determine probable cause on evidence presented by a peace officer or prosecuting authority in the same manner as provided for a warrant of arrest in CrR 2.2(a). If the court finds that release without bail should be denied or that conditions should attach to the release on personal recognizance, other than the promise to appear for subsequent court hearings, the court shall proceed to determine whether probable cause exists to believe that the accused committed the crime alleged, unless this determination has previously been made by a court. Before making the determination, the court may consider affidavits, statements as provided in GR 13, or sworn testimony, and further may examine under oath the affiant and any witnesses the affiant may produce. Evidence may be provided by any reliable means. Sworn testimony shall be recorded electronically, stenographically or through any other reliable means. The evidence shall be preserved and shall be subject to constitutional limitations for probable cause determinations, and may be hearsay in whole or in part. The court’s probable cause determination may be recorded by any reliable means. (c) Court Days. For the purpose of section (a) Saturday, Sunday and holidays may be considered judicial days. (d) Preliminary Appearance. (1) Adult. Unless a defendant has appeared or will appear before a court of limited jurisdiction for a preliminary appearance pursuant to CrRLJ 3.2.1(a), any defendant whether detained in jail or subjected to court-authorized conditions of release shall be brought before the superior court as soon as practicable after the detention is commenced, the conditions of release are imposed or the order is entered, but in any event before the close of business on the next court day. A person is not subject to conditions of release if the person has been served with a summons and the only obligation is to appear in court on a future date. (2) Juveniles. Any person in whose case the juvenile court has entered a written order declining jurisdiction, and who is detained in custody must be taken to appear before the superior court as soon as practicable after the juvenile court order is entered, but in any event before the close of business on the next court day. (3) Unavailability. If an accused is unavailable for preliminary appearance because of physical or mental disability, the court may, for good cause shown and recited in a written order, enlarge the time prior to preliminary appearance. (e) Procedure at Preliminary Appearance. (1) At the preliminary appearance, the court shall provide for a lawyer pursuant to rule 3.1 and for pretrial release pursuant to rule 3.2, and the court shall orally inform the accused: (i) of the nature of the charge against the accused; (ii) of the right to be assisted by a lawyer at every stage of the proceedings; and (iii) of the right to remain silent, and that anything the accused says may be used against him or her.

(2) If the court finds that release should be denied or that conditions should attach to release on personal recognizance, other than the promise to appear at subsequent hearings, the court shall proceed to determine whether probable cause exists to believe that the accused committed the offense charges, unless this determination has previously been made by a court. Before making the determination, the court may consider affidavits filed or sworn testimony and further may examine under oath the affiant and any witnesses he or she may produce. Subject to constitutional limitations, the findings of probable cause may be based on evidence which is hearsay in whole or in part. (f) Time Limits. (1) Unless an information or indictment is filed or the affected person consents in writing or on the record in open court, an accused, shall not be detained in jail or subjected to conditions of release for more than 72 hours after the defendant’s detention in jail or release on conditions, whichever occurs first. Computation of the 72 hour period shall not include any part of Saturdays, Sundays or holidays. (2) If no information or indictment has been filed at the time of the preliminary appearance, and the accused has not otherwise consented, the court shall either: (i) order in writing that the accused be released from jail or exonerated from the conditions of release at a time certain which is within the period described in subsection (f)(1); or (ii) set a time at which the accused shall reappear before the court. The time set for reappearance must also be within the period described in subsection (f)(1). If no information or indictment has been filed by the time set for release or reappearance, the accused shall be immediately released from jail or deemed exonerated from all conditions of release. [Formerly CrR 3.2A and CrR 3.2B adopted effective July 1, 1992. Renumbered as CrR 3.2.1 and amended effective April 3, 2001; Amended effective September 1, 2002; September 1, 2014; February 1, 2021.]

citation: CrR CrR 3.2.1


title: Repealed

text: CrR 3.2A [RESCINDED] [Adopted effective July 1, 1992; Amended effective September 1, 1995; Repealed effective April 3, 2001.]

citation: CrR CrR 3.2A

rule_number: CrR 3.2A


title: Repealed

text: CrR 3.2B [RESCINDED] [Former Rule 3.2B Adopted effective August 1, 1980; Redesignated as Rule 3.2B effective July 1, 1992; Repealed effective April 3, 2001.]

citation: CrR CrR 3.2B

rule_number: CrR 3.2B


title: Time for Trial

text:
CrR 3.3 TIME FOR TRIAL (a) General Provisions. (1) Responsibility of Court. It shall be the responsibility of the court to ensure a trial in accordance with this rule to each person charged with a crime. (2) Precedence Over Civil Cases. Criminal trials shall take precedence over civil trials. (3) Definitions. For purposes of this rule: (i) “Pending charge” means the charge for which the allowable time for trial is being computed. (ii) “Related charge” means a charge based on the same conduct as the pending charge that is ultimately filed in the superior court. (iii) “Appearance” means the defendant’s physical presence in the adult division of the superior court where the pending charge was filed. Such presence constitutes appearance only if (A) the prosecutor was notified of the presence and (B) the presence is contemporaneously noted on the record under the cause number of the pending charge. (iv) “Arraignment” means the date determined under CrR 4.1(b). (v) “Detained in jail” means held in the custody of a correctional facility pursuant to the pending charge. Such detention excludes any period in which a defendant is on electronic home monitoring, is being held in custody on an unrelated charge or hold, or is serving a sentence of confinement. (4) Construction. The allowable time for trial shall be computed in accordance with this rule. If a trial is timely under the language of this rule, but was delayed by circumstances not addressed in this rule or CrR 4.1, the pending charge shall not be dismissed unless the defendant’s constitutional right to a speedy trial was violated. (5) Related Charges. The computation of the allowable time for trial of a pending charge shall apply equally to all related charges. (6) Reporting of Dismissals and Untimely Trials. The court shall report to the Administrative Office of the Courts, on a form determined by that office, any case in which (i) the court dismissed a charge on a determination pursuant to section (h) that the charge had not been brought to trial within the time limit required by this rule, or (ii) the time limits would have been violated absent the cure period authorized by section (g). (b) Time for Trial. (1) Defendant Detained in Jail. A defendant who is detained in jail shall be brought to trial within the longer of (i) 60 days after the commencement date specified in this rule, or (ii) the time specified under subsection (b)(5). (2) Defendant Not Detained in Jail. A defendant who is not detained in jail shall be brought to trial within the longer of

(i) 90 days after the commencement date specified in this rule, or (ii) the time specified in subsection (b)(5) (3) Release of Defendant. If a defendant is released from jail before the 60-day time limit has expired, the limit shall be extended to 90 days. (4) Return to Custody Following Release. If a defendant not detained in jail at the time the trial date was set is subsequently returned to custody on the same or related charge, the 90-day limit shall continue to apply. If the defendant is detained in jail when trial is reset following a new commencement date, the 60-day limit shall apply. (5) Allowable Time After Excluded Period. If any period of time is excluded pursuant to section (e), the allowable time for trial shall not expire earlier than 30 days after the end of that excluded period. (c) Commencement Date. (1) Initial Commencement Date. The initial commencement date shall be the date of arraignment as determined under CrR 4.1. (2) Resetting of Commencement Date. On occurrence of one of the following events, a new commencement date shall be established, and the elapsed time shall be reset to zero. If more than one of these events occurs, the commencement date shall be the latest of the dates specified in this subsection. (i) Waiver. The filing of a written waiver of the defendant’s rights under this rule signed by the defendant. The new commencement date shall be the date specified in the waiver, which shall not be earlier than the date on which the waiver was filed. If no date is specified, the commencement date shall be the date of the trial contemporaneously or subsequently set by the court. (ii) Failure to Appear. The failure of the defendant to appear for any proceeding at which the defendant’s presence was required. The new commencement date shall be the date of the defendant’s next appearance. (iii) New Trial. The entry of an order granting a mistrial or new trial or allowing the defendant to withdraw a plea of guilty. The new commencement date shall be the date the order is entered. (iv) Appellate Review or Stay. The acceptance of review or grant of a stay by an appellate court. The new commencement date shall be the date of the defendant’s appearance that next follows the receipt by the clerk of the superior court of the mandate or written order terminating review or stay. (v) Collateral Proceeding. The entry of an order granting a new trial pursuant to a personal restraint petition, a habeas corpus proceeding, or a motion to vacate judgment. The new commencement date shall be the date of the defendant’s appearance that next follows either the expiration of the time to appeal such order or the receipt by the clerk of the superior court of notice of action terminating the collateral proceeding, whichever comes later. (vi) Change of Venue. The entry of an order granting a change of venue. The new commencement date shall be the date of the order. (vii) Disqualification of Counsel. The disqualification of the defense attorney or prosecuting attorney. The new commencement date shall be the date of the disqualification.

(d) Trial Settings and Notice—Objections—Loss of Right to Object. (1) Initial Setting of Trial Date. The court shall, within 15 days of the defendant's actual arraignment in superior court or at the omnibus hearing, set a date for trial which is within the time limits prescribed by this rule and notify counsel for each party of the date set. If a defendant is not represented by counsel, the notice shall be given to the defendant and may be mailed to the defendant's last known address. The notice shall set forth the proper date of the defendant's arraignment and the date set for trial. (2) Resetting of Trial Date. When the court determines that the trial date should be reset for any reason, including but not limited to the applicability of a new commencement date pursuant to subsection (c)(2) or a period of exclusion pursuant to section (e), the court shall set a new date for trial which is within the time limits prescribed and notify each counsel or party of the date set. (3) Objection to Trial Setting. A party who objects to the date set upon the ground that it is not within the time limits prescribed by this rule must, within 10 days after the notice is mailed or otherwise given, move that the court set a trial within those time limits. Such motion shall be promptly noted for hearing by the moving party in accordance with local procedures. A party who fails, for any reason, to make such a motion shall lose the right to object that a trial commenced on such a date is not within the time limits prescribed by this rule. (4) Loss of Right to Object. If a trial date is set outside the time allowed by this rule, but the defendant lost the right to object to that date pursuant to subsection (d)(3), that date shall be treated as the last allowable date for trial, subject to section (g). A later trial date shall be timely only if the commencement date is reset pursuant to subsection (c)(2) or there is a subsequent excluded period pursuant to section (e) and subsection (b)(5). trial:

(e) Excluded Periods. The following periods shall be excluded in computing the time for

(1) Competency Proceedings. All proceedings relating to the competency of a defendant to stand trial on the pending charge, beginning on the date when the competency examination is ordered and terminating when the court enters a written order finding the defendant to be competent. (2) Proceedings on Unrelated Charges. Arraignment, pre-trial proceedings, trial, and sentencing on an unrelated charge. (3) Continuances. Delay granted by the court pursuant to section (f). (4) Period between Dismissal and Refiling. The time between the dismissal of a charge and the refiling of the same or related charge. (5) Disposition of Related Charge. The period between the commencement of trial or the entry of a plea of guilty on one charge and the defendant’s arraignment in superior court on a related charge. (6) Defendant Subject to Foreign or Federal Custody or Conditions. The time during which a defendant is detained in jail or prison outside the state of Washington or in a federal jail or prison and the time during which a defendant is subjected to conditions of release not imposed by a court of the State of Washington. (7) Juvenile Proceedings. All proceedings in juvenile court. (8) Unavoidable or Unforeseen Circumstances. Unavoidable or unforeseen circumstances

affecting the time for trial beyond the control of the court or of the parties. This exclusion also applies to the cure period of section (g). (9) Disqualification of Judge. A five-day period of time commencing with the disqualification of the judge to whom the case is assigned for trial. (f) Continuances. Continuances or other delays may be granted as follows: (1) Written Agreement. Upon written agreement of the parties, which must be signed by defense counsel or the defendant or all defendants, the court may continue the trial date to a specified date. In the absence of the defendant’s signature or presence at the hearing, defense counsel’s signature constitutes a representation that the defendant has been consulted and agrees to the continuance. The court’s notice to defense counsel of new hearing dates constitutes notice to the defendant. (2) Motion by the Court or a Party. On motion of the court or a party, the court may continue the trial date to a specified date when such continuance is required in the administration of justice and the defendant will not be prejudiced in the presentation of his or her defense. The motion must be made before the time for trial has expired. The court must state on the record or in writing the reasons for the continuance. The bringing of such motion by or on behalf of any party waives that party’s objection to the requested delay. (g) Cure Period. The court may continue the case beyond the limits specified in section (b) on motion of the court or a party made within five days after the time for trial has expired. Such a continuance may be granted only once in the case upon a finding on the record or in writing that the defendant will not be substantially prejudiced in the presentation of his or her defense. The period of delay shall be for no more than 14 days for a defendant detained in jail, or 28 days for a defendant not detained in jail, from the date that the continuance is granted. The court may direct the parties to remain in attendance or be on-call for trial assignment during the cure period. (h) Dismissal With Prejudice. A charge not brought to trial within the time limit determined under this rule shall be dismissed with prejudice. The State shall provide notice of dismissal to the victim and at the court’s discretion shall allow the victim to address the court regarding the impact of the crime. No case shall be dismissed for time-to-trial reasons except as expressly required by this rule, a statute, or the state or federal constitution. [Adopted effective July 1, 1973; Amended effective May 21, 1976; November 17, 1978; August 1, 1980; September 1, 1986; November 29, 1991; November 7, 1995; September 1, 2000; September 1, 2001; September 1, 2003; January 1, 2023.]

citation: CrR CrR 3.3

rule_number: CrR 3.3


title: Presence of the Defendant

text:
CrR 3.4 PRESENCE OF THE DEFENDANT (a) Presence Defined. Unless a court order or this rule specifically requires the physical presence of the defendant, the defendant may appear remotely or through counsel. Appearance through counsel requires that counsel either (i) present a waiver the defendant has signed indicating the defendant wishes to appear through counsel or (ii) affirm, in writing or in open court, that this is the defendant’s preference. (b) When Necessary. The defendant shall be present physically or remotely (in the court’s discretion) at the arraignment (if one is held), at every stage of the trial including the empaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by these rules, or as excused or excluded by the court for good cause shown. (c) Effect of Voluntary Absence. In prosecutions for offenses not punishable by death, the defendant’s voluntary absence after the trial has commenced in his presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by counsel for all purposes. In prosecutions for offenses punishable by fine only, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant's absence. (d) Defendant Not Present. In order to require the defendant’s physical presence at any hearing other than those listed in subpart (b), the court must find good cause. If in any case the defendant is not present when his or her personal attendance is necessary, the court may order the clerk to issue a bench warrant for the defendant’s arrest, which may be served as a warrant of arrest in other cases. (e) Remote Proceedings. (1) Authorization. Preliminary appearances held pursuant to CrR 3.2.1, arraignments held pursuant to this rule and CrR 4.1, bail hearings held pursuant to CrR 3.2, and trial settings held pursuant to CrR 3.3, may be conducted by remote technology in which all participants can simultaneously see, hear, and speak with each other. Such proceedings shall be deemed held in open court and in the defendant's presence for the purposes of any statute, court rule, or policy. All hearings conducted pursuant to this rule shall be public, and the public shall be able to simultaneously see and hear all participants and speak as permitted by the trial court judge. Any party may request an inperson hearing, which may in the trial court judge's discretion be granted. (2) Agreement. Other trial court proceedings including the entry of a Statement of Defendant on Plea of Guilty as provided for by CrR 4.2 may be conducted by remote technology only by agreement of the parties, either in writing or on the record, and upon the approval of the trial court judge pursuant to local court rule. (3) Standards for Proceedings Held Remotely. The judge, counsel, all parties, and the public must be able to see and hear each other during proceedings, and speak as permitted by the judge. The video and audio should be of sufficient quality to ensure participants are easily seen and understood. Remote technology must provide for confidential communications between attorney and client, including a means during the hearing for the attorney and the client to read and review all documents executed therein, and security sufficient to protect the safety of all participants and observers. For purposes of proceedings by remote technology, the electronic or facsimile signatures of the defendant, counsel, interested parties, and the court shall be treated as if they were original signatures. This includes all orders on judgment and sentence, no contact orders, statements of defendant on pleas of guilty, and other documents or pleadings as the court shall determine are appropriate or necessary. The proceeding must be conducted to assure that the interpreter can hear and speak with the defendant and hear all participants. (f) Proceedings by Remote Technology under Chapter 10.77 RCW.

(1) Authorization. Proceedings held pursuant to chapter 10.77 RCW may be conducted by remote technology in which all participants can simultaneously see, hear, and speak with each other except as otherwise directed by the trial court judge. When these proceedings are conducted via remote technology, it is presumed that all participants will be physically present in the courtroom except for the forensic evaluator unless as otherwise provided by these rules, or as excused or excluded by the court for good cause shown. Good cause may include circumstances where at the time of the hearing, the court does not have the technological capability or equipment to conduct the conference by remote technology as provided in this rule. Such proceedings shall be deemed held in open court and in the defendant’s presence for the purposes of any statute, court rule, or policy. All remote technology hearings conducted pursuant to this rule shall be public, and the public shall be able to simultaneously see and hear all participants and speak as permitted by the trial court judge. Five days prior to the hearing date, any party may request the forensic evaluator be physically present in the courtroom, which may in the trial court judge’s discretion be granted. (2) Standards for Proceedings by Remote Technology under Chapter 10.77 RCW. The judge, counsel, all parties, and the public must be able to see and hear each other during the proceedings, and speak as permitted by the judge. Remote technology must provide for confidential communications between attorney and client and security sufficient to protect the safety of all participants and observers. In interpreted proceedings, the proceeding must be conducted to assure that the interpreter can hear and speak with the defendant and hear all participants. Comment Supersedes RCW 10.01.080; RCW 10.46.120, .130; RCW 10.64.020, .030. [Adopted effective July 1, 1973; Amended effective September 1, 1995; December 28, 1999; April 3, 2001; September 1, 2017; July 31, 2018; February 1, 2021; July 9, 2024.]

citation: CrR CrR 3.4

rule_number: CrR 3.4


title: Confession Procedure

text: CrR 3.5 CONFESSION PROCEDURE (a) Requirement for and Time of Hearing. When a statement of the accused is to be offered in evidence, the judge at the time of the omnibus hearing shall hold or set the time for a hearing, if not previously held, for the purpose of determining whether the statement is admissible. A court reporter or a court approved electronic recording device shall record the evidence adduced at this hearing. (b) Duty of Court To Inform Defendant. It shall be the duty of the court to inform the defendant that: (1) he may, but need not, testify at the hearing on the circumstances surrounding the statement; (2) if he does testify at the hearing, he will be subject to cross examination with respect to the circumstances surrounding the statement and with respect to his credibility; (3) if he does testify at the hearing, he does not by so testifying waive his right to remain silent during the trial; and (4) if he does testify at the hearing, neither this fact nor his testimony at the hearing shall be mentioned to the jury unless he testifies concerning the statement at trial. (c) Duty of Court To Make a Record. After the hearing, the court shall set forth in writing: (1) the undisputed facts; (2) the disputed facts; (3) conclusions as to the disputed facts; and (4) conclusion as to whether the statement is admissible and the reasons therefor. (d) Rights of Defendant When Statement Is Ruled Admissible. If the court rules that the statement is admissible, and it is offered in evidence: (1) the defense may offer evidence or cross-examine the witnesses, with respect to the statement without waiving an objection to the admissibility of the statement; (2) unless the defendant testifies at the trial concerning the statement, no reference shall be made to the fact, if it be so, that the defendant testified at the preliminary hearing on the admissibility of the confession; (3) if the defendant becomes a witness on this issue, he shall be subject to cross examination to the same extent as would any other witness; and, (4) if the defense raises the issue of voluntariness under subsection (1) above, the jury shall be instructed that they may give such weight and credibility to the confession in view of the surrounding circumstances, as they see fit. [Adopted effective July 1, 1973.]

citation: CrR CrR 3.5

rule_number: CrR 3.5


title: Suppression Hearings--Duty of Court

text: CrR 3.6 SUPPRESSION HEARINGS--DUTY OF COURT (a) Pleadings. Motions to suppress physical, oral or identification evidence, other than motion pursuant to rule 3.5, shall be in writing supported by an affidavit or document setting forth the facts the moving party anticipates will be elicited at a hearing, and a memorandum of authorities in support of the motion. Opposing counsel may be ordered to serve and file a memorandum of authorities in opposition to the motion. The court shall determine whether an evidentiary hearing is required based upon the moving papers. If the court determines that no evidentiary hearing is required, the court shall enter a written order setting forth its reasons. (b) Hearing. If an evidentiary hearing is conducted, at its conclusion the court shall enter written findings of fact and conclusions of law. [Adopted effective July 1, 1973; Amended effective May 15, 1978; January 2, 1997.]

citation: CrR CrR 3.6

rule_number: CrR 3.6


title: Arraignment

text: CrR 4.1 ARRAIGNMENT (a) Time. (1) Defendant Detained in Jail. The defendant shall be arraigned not later than 3 days after the date the information or indictment is filed in the adult division of the superior court, if the defendant is (i) detained in the jail of the county where the charges are pending or (ii) subject to conditions of release imposed in connection with the same charges. At the time of the arraignment, the defendant shall have an opportunity to argue bail and other conditions of release pursuant to CrR 3.2. (2) Defendant Not Detained in Jail. The defendant shall be arraigned not later than 14 days after that appearance which next follows the filing of the information or indictment, if the defendant is not detained in that jail or subject to such conditions of release. Any delay in bringing the defendant before the court shall not affect the allowable time for arraignment, regardless of the reason for that delay. For purposes of this rule, “appearance” has the meaning defined in CrR 3.3(a)(3)(iii). (b) Objection to Arraignment Date--Loss of Right to Object. A party who objects to the date of arraignment on the ground that it is not within the time limits prescribed by this rule must state the objection to the court at the time of the arraignment. If the court rules that the objection is correct, it shall establish and announce the proper date of arraignment. That date shall constitute the arraignment date for purposes of CrR 3.3. A party who fails to object as required shall lose the right to object, and the arraignment date shall be conclusively established as the date upon which the defendant was actually arraigned. (c) Counsel. If the defendant appears without counsel, the court shall inform the defendant of his or her right to have counsel before being arraigned. The court shall inquire if the defendant has counsel. If the defendant is not represented and is unable to obtain counsel, counsel shall be assigned by the court, unless otherwise provided. (d) Waiver of Counsel. If the defendant chooses to proceed without counsel, the court shall ascertain whether this waiver is made voluntarily, competently and with knowledge of the consequences. If the court finds the waiver valid, an appropriate finding shall be entered in the minutes. Unless the waiver is valid, the court shall not proceed with the arraignment until counsel is provided. Waiver of counsel at arraignment shall not preclude the defendant from claiming the right to counsel in subsequent proceedings in the cause, and the defendant shall be so informed. If such claim for counsel is not timely, the court shall appoint counsel but may deny or limit a continuance. (e) Name. Defendant shall be asked his or her true name. If the defendant alleges that the true name is one other than that by which he or she is charged, it must be entered in the minutes of the court, and subsequent proceedings shall be had by that name or other names relevant to the proceedings. (f) Reading. The indictment or information shall be read to defendant, unless the reading is waived, and a copy shall be given to defendant. Comment Supersedes RCW 10.40.010, .030, .040; RCW 10.46.030 in part, .040. [Adopted effective July 1, 1973; Amended effective September 1, 2003; September 1, 2025.]

citation: CrR CrR 4.1

rule_number: CrR 4.1