title: Response to Notice

text: IRLJ 2.4 RESPONSE TO NOTICE (a) Generally. A person who has been served with a notice of infraction must respond to the notice within 30 days of the date the notice is personally served or, if the notice is served by mail, within 33 days of the date the notice is mailed. (b) Alternatives. A person may respond to a notice of infraction by: (1) Paying the amount of the monetary penalty in accordance with applicable law, in which case the court shall enter a judgment that the defendant has committed the infraction; (2) Contesting the determination that an infraction occurred by requesting a hearing in accordance with applicable law; (3) Requesting a hearing to explain mitigating circumstances surrounding the commission of the infraction in accordance with applicable law; (4) Requesting a decision on written statements, in accordance with IRLJ 3.5, if this alternative is authorized by local court rule; or (5)(i) Admitting responsibility for the infraction and attesting that the person does not have the current ability to pay in full. (ii) If the person selects this option, the court shall provide information about how to submit evidence of inability to pay, how obtain a payment plan, and that failure to pay or enter into a payment plan may result in a collection action, including garnishment of wages or other assets. The court may provide the information by directing the person to the court’s website or by responding to any contact information provided by the person to the court. (c) Method of Response. A person may respond to a notice of infraction either personally, by mail, or if allowed by local rule by e-mail. If the response is mailed or e-mailed, it must be postmarked or e-mailed not later than midnight of the day the response is due. [Adopted effective January 1, 1981; Amended effective September 1, 1992; January 3, 2006; January 1, 2023.]

citation: IRLJ IRLJ 2.4

rule_number: IRLJ 2.4


doc_type: court-rule

jurisdiction: wa

title: Failure To Respond

text: IRLJ 2.5 FAILURE TO RESPOND If the defendant fails to respond to a notice of infraction, the court shall enter an order finding that the defendant has committed the infraction, shall assess any monetary penalties provided for by law, and, in the case of a traffic infraction, shall notify the Department of the defendant’s failure to respond in accordance with RCW 46.20.270. [Adopted effective September 1, 1992; Amended effective December 8, 2015.]

license: public-domain-government-work

citation: IRLJ IRLJ 2.5

rule_set: IRLJ

rule_number: IRLJ 2.5


title: Scheduling of Hearings

text:
IRLJ 2.6 SCHEDULING OF HEARINGS (a) Contested Hearings. (1) Except as provided in sections (1)(i) and (ii), upon receipt of a response submitted pursuant to rule 2.4(b)(2), the court shall schedule a hearing to determine whether the defendant committed the infraction. The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court, nor more than 120 days from the date of the notice of infraction or the date a default judgment is set aside. (i) If authorized by local court rule, a defendant who requests a contested hearing may first be scheduled for a prehearing conference, which shall be scheduled for not less than 14 days from the date the written notice of the hearing is sent by the court nor more than 60 days from the date of the notice of infraction or the date a default judgment is set aside. (ii) The prehearing conference may be waived by the defendant in writing if the waiver is received by the court before the time set for the prehearing conference. If the prehearing conference is waived, the case will be set for contested hearing. The contested hearing shall be scheduled for not more than 90 days from the date of the prehearing conference or, if the prehearing conference is waived, from the date the waiver of the prehearing conference is received by the court. (2) The court shall send the defendant written notice of the time, place, and date of the hearing within twenty-one (21) days of the receipt of the request for a hearing. The notice of the hearing shall also include statements advising the defendant of the defendant's rights at the hearing, how the defendant may request that witnesses be subpoenaed, and that failure to appear may be a crime for which the defendant may be arrested, and, in a traffic infraction case, the defendant's privilege to operate a motor vehicle may be suspended. If a local rule is adopted implementing sections (a)(1)(i) and (ii), the court shall advise the defendant in the notice of the defendant's right to waive the prehearing conference. (3) The court may schedule the hearing on a contested infraction for the same time as the hearing on another infraction alleged to have been committed by the defendant. The court may schedule the hearing on a contested infraction for the same time as the trial on a misdemeanor arising out of the same occurrence as the infraction. (4) The infraction may be dismissed upon a showing of prejudice if the court does not send a defendant written notice of a hearing within twenty-one (21) days of receipt of the request for a hearing. (b) Mitigation Hearings. (1) Upon receipt of a response submitted pursuant to rule 2.4(b)(3) the court shall schedule a hearing to determine whether there were mitigating circumstances surrounding the commission of the infraction. The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court, nor more than 120 days from the date of the notice of infraction or the date a default judgment is set aside, unless otherwise agreed by the defendant in writing. (2) The court shall send the defendant written notice of the time, place, and date of the hearing within 21 days of the request for a hearing. The notice shall also include statements advising the defendant of the defendant's rights at the hearing and stating that failure to appear may be a crime for which the defendant may be arrested, and, in a traffic infraction case, the defendant's privilege to operate a motor vehicle may be suspended.

(3) The court may schedule the mitigation hearing for the same time as the mitigation hearing on another infraction alleged to have been committed by the defendant. (c) Decisions on Written Statements. If the court has adopted a local rule authorizing decisions on written statements submitted by mail, or e-mail, it shall, upon receipt of a statement pursuant to rule 2.4(b)(4), consider the case in accordance with rule 3.5. The requirements of GR 30(d) are not applicable to e-mail statements submitted pursuant to rule 2.4(b)(4). The court is not required to notify the parties of a date for the examination of the statements. (d) Objection to Hearing Date. A defendant who objects to the hearing date set by the court upon the ground that it is not within the time limits prescribed by this rule shall file with the court and serve upon the prosecuting authority a written motion for a speedy hearing date within 10 days after the notice of hearing is mailed or otherwise given to the defendant. Failure of a party, for any reason, to make such a motion shall be a waiver of the objection that a hearing commenced on such a date is not within the time limits prescribed by this rule. The written notice of the hearing date shall contain a copy of IRLJ 2.6(d). (e) Time for Hearing; Effect of Delay or Continuances. A motion for dismissal for the failure to hold a hearing within the time period provided by this rule shall not be granted if the failure to hold the hearing was attributable to the defendant or the defendant’s counsel. (f) Dismissal With Prejudice. An infraction not brought to hearing within the time period provided by this rule shall, upon motion, be dismissed with prejudice. (g) Change of Judge. The provisions of CRLJ 40(f) apply. [Adopted as JTIR effective January 1, 1981; Amended effective September 1, 1989. Changed from JTIR to IRLJ effective September 1, 1992; Amended effective September 1, 1997; September 1, 1998; January 3, 2006; April 30, 2013; November 28, 2023.]

citation: IRLJ IRLJ 2.6

rule_number: IRLJ 2.6


title: Contested Hearings--Preliminary Proceedings

text: IRLJ 3.1 CONTESTED HEARINGS—PRELIMINARY PROCEEDINGS (a) Subpoena. The defendant and the prosecuting attorney may subpoena witnesses necessary for the presentation of their respective cases. Witnesses should be served at least seven (7) days before the hearing. The subpoena may be issued by a judge, court commissioner, or clerk of the court or by a party's lawyer. If a party's lawyer issues a subpoena, a copy shall be filed with the court and with the office of the prosecuting authority assigned to the court in which the infraction is filed on the same day it is sent out for service. A request that an officer appear at a contested hearing pursuant to rule 3.3(c) shall be filed on a separate pleading. A subpoena may be directed for service within their jurisdiction to the sheriff of any county or any peace officer of any municipality in the state in which the witness may be or it may be served as provided in CR 45(b), or it may be served by first-class mail, postage prepaid, sent to the witnesses' last known address. Service by mail shall be deemed complete upon the third day following the day upon which the subpoena was placed in the mail. If the subpoena is for a witness outside the county, a judge must approve of the subpoena. (b) Discovery. Upon written demand of the defendant at least 14 days before a contested hearing, filed with the court and served on the office of the prosecuting authority assigned to the court in which the infraction is filed, the prosecuting authority shall at least 7 days before the hearing provide the defendant or the defendant's lawyer with: (1) a copy of the citing officer's sworn statement; (2) a copy of video or photographic evidence the prosecutor proposes to introduce at trial, unless in reply to the discovery request the prosecutor provides the address to a web site where such evidence is accessible to the defendant; and (3) the names of any witnesses not identified in the citing officer’s sworn statement. No other discovery shall be required. If the prosecuting authority provides any portion of the discovery less than 7 days before the hearing, such untimely discovery shall be suppressed only upon a showing of prejudice in the presentation of the defendant’s case. If the prosecuting authority, without reasonable excuse or justification, fails to provide any portion of the discovery prior to the day of the hearing, the portion of discovery not provided shall be suppressed. Neither party is precluded from investigating the case, and neither party shall impede another party's investigation. A request for discovery pursuant to this section shall be filed on a separate pleading. (c) Amendment of Notice. The court may permit a notice of infraction to be amended at any time before judgment if no additional or different infraction is charged, and if substantial rights of the defendant are not thereby prejudiced. A continuance shall be granted if the defendant satisfies the court that the additional time is needed to defend against the amended notice of infraction. (d) Sufficiency. No notice of infraction shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific infraction which the defendant is alleged to have committed, nor by reason of defects, imperfections, or omissions which do not tend to prejudice substantial rights of the defendant. [Adopted as JTIR effective January 1, 1981. Changed from JTIR to IRLJ effective September 1, 1992; Amended effective or September 1, 1997 (court rules has 09/01/97); January 3, 2006; January 2, 2007; September 1, 2010; December 8, 2015.]

citation: IRLJ IRLJ 3.1

rule_number: IRLJ 3.1


title: Failure To Appear

text: IRLJ 3.2 FAILURE TO APPEAR (a) Entry of Judgment. If the defendant fails to appear at a requested hearing the court shall enter judgment against the defendant finding that the defendant has committed the infraction and assessing against the defendant any monetary penalties provided by law. A judgment upon a failure to appear shall not be entered if it appears to the court from the papers on file that the infraction case was brought in an improper court. (b) Setting Aside Judgment Upon Failure To Appear. For good cause shown and upon terms the court deems just, the court may set aside a judgment entered upon a failure to appear in accordance with CRLJ 60(b). [Adopted effective January 1, 1981; Amended effective September 1, 1992.]

citation: IRLJ IRLJ 3.2

rule_number: IRLJ 3.2


title: Procedure at Contested Hearing

text: IRLJ 3.3 PROCEDURE AT CONTESTED HEARING (a) Generally. The court shall conduct the hearing for contesting the notice of infraction on the record in accordance with applicable law. (b) Representation by Lawyer. At a contested hearing, the plaintiff shall be represented by a lawyer representative of the prosecuting authority when prescribed by local court rule. The defendant may be represented by a lawyer. If the defendant is represented by a lawyer and the lawyer has filed a notice of appearance, including a waiver of the defendant’s presence, the defendant may appear through counsel at the contested hearing unless the defendant’s presence is otherwise required by statute or the court rules. (c) Rules of Evidence. The Rules of Evidence and statutes that relate to evidence in infraction cases shall apply to contested hearings. The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing, unless the defendant has caused the officer to be served with a subpoena to appear in accordance with instructions from the court issued pursuant to rule 2.6(a)(2). (d) Factual Determination. The court shall determine whether the plaintiff has proved by a preponderance of the evidence that the defendant committed the infraction. If the court finds the infraction was committed, it shall enter an appropriate order on its records. If the court finds the infraction was not committed, it shall enter an order dismissing the case. (e) Disposition. If the court determines that the infraction has been committed, it may assess a monetary penalty against the defendant. The monetary penalty assessed may not exceed the monetary penalty provided for the infraction by law. The court may waive or suspend a portion of the monetary penalty, or provide for time payments, or in lieu of monetary payment provide for the performance of community restitution as provided by law. The court has continuing jurisdiction and authority to supervise disposition for not more than one (1) year. [Adopted as JTIR effective January 1, 1981; Amended effective March 20, 1981. Changed from JTIR to IRLJ effective September 1, 1992; Amended effective September 1, 1997; January 3, 2006; September 1, 2018; July 9, 2024.]

citation: IRLJ IRLJ 3.3

rule_number: IRLJ 3.3


title: Hearing on Mitigating Circumstances

text: IRLJ 3.4 HEARING ON MITIGATING CIRCUMSTANCES (a) Generally. The court shall conduct the hearing concerning mitigating circumstances in accordance with applicable law. (b) Procedure at Hearing. The court shall hold an informal hearing which shall not be governed by the Rules of Evidence. Subject to the other provisions of these rules, all relevant evidence is admissible that, in the opinion of the judge, is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness. The plaintiff and the defendant may each be represented by a lawyer. The defendant may present witnesses, but they may not be compelled to appear. (c) Disposition. The court shall determine whether the defendant’s explanation of the events justifies reduction of the monetary penalty. The court shall enter an order finding the defendant committed the infraction and may assess a monetary penalty. The court may not impose a penalty in excess of the monetary penalty provided for the infraction by law. The court may waive or suspend a portion of the monetary penalty, or provide for time payments, or in lieu of monetary payment provide for the performance of community restitution as provided by law. The court has continuing jurisdiction and authority to supervise disposition for not more than one (1) year. [Adopted effective January 1, 1981; Amended effective September 1, 1992; January 3, 2006; July 9, 2024.]

citation: IRLJ IRLJ 3.4

rule_number: IRLJ 3.4


title: Local Rule Options

text: IRLJ 3.5 LOCAL RULE OPTIONS Decisions on Written Statements. (1) Local Court Form. Each court shall promulgate a form for defendants to use in hearings decided on written statements. The form shall be available on the court’s website and shall also be provided to the defendant upon request. The form shall contain: (i) blank space for the defendant to write their statement contesting the infraction or to explain mitigating circumstances; (ii) notice that the defendant may attest that they do not have the current ability to pay the infraction in full; (iii) information on how to submit evidence of inability to pay, obtain a payment plan, and inform the person that failure to pay or enter into a payment plan may result in collection action, including garnishment of wages or other assets; (iv) a statement that, for a contested hearing, if it is determined that the defendant committed the infraction, the defendant agrees to pay any monetary penalty authorized by law and assessed by the court; (v) a statement, that for a mitigation hearing, the defendant promises to pay the monetary penalty authorized by law or, at the discretion of the court, any reduced penalty that may be set; and (vi) a signature block for the defendant that contains certification language consistent with GR 13, and notice that the defendant may sign the form in any manner consistent with GR 30. (2) Contested Hearing Procedures. The court shall examine the citing officer's report and any statement or documents submitted by the defendant. The examination may be held in chambers and shall take place within one hundred and twenty (120) days after the defendant filed the response to the notice of infraction. The court shall determine whether the plaintiff has proved by a preponderance of the evidence submitted whether the infraction was committed. (3) Mitigation Hearing Procedures. A mitigation hearing based on a written statement may be held in chambers and shall take place within 120 days after the defendant filed the response to the notice of infraction. (4) Notice to Defendant. The court shall notify the defendant in writing of its decision, including any penalty imposed. (5) No Appeal Permitted. There shall be no appeal from a decision on written statements. [Adopted as JTIR effective January 1, 1981. Changed from JTIR to IRLJ effective September 1, 1992; Amended effective September 1, 1997; January 3, 2006; September 1, 2017; January 1, 2023; July 9, 2024.]

citation: IRLJ IRLJ 3.5

rule_number: IRLJ 3.5


title: Payment Plans

text: IRLJ 3.6 PAYMENT PLANS A person may request a payment plan at any time for the payment of any monetary penalty, fee, cost, assessment, or other monetary obligation associated with an infraction. (a) Mandatory. If the court determines that the person does not have the ability to pay the monetary obligation in full, and the person has not previously been granted a payment plan for the same monetary obligation, and the court has not authorized its collections agency to take civil legal enforcement action, the court shall enter into a payment plan with the individual. (b) Discretionary. Where the court has authorized its collections agency to take civil legal enforcement action, the court may, at its discretion, enter into a payment plan. [Adopted effective January 1, 2023.]

citation: IRLJ IRLJ 3.6

rule_number: IRLJ 3.6


title: Notification to Department of Licensing of Traffic Infraction

text: IRLJ 4.1 NOTIFICATION TO DEPARTMENT OF LICENSING OF TRAFFIC INFRACTION (a) Generally. Upon entry of judgment that a traffic infraction was committed the court shall forward to the Department of Licensing a copy of the notice of traffic infraction and an abstract of the court’s order. Courts may forward case disposition information to the Department of Licensing via electronic means according to procedures established by the Department and the Administrator for the Courts. (b) Parking, Standing, Stopping, or Pedestrian Infractions. The court shall not notify the Department of a parking, standing, stopping, or pedestrian infraction, except as allowed by RCW 46.20.270. (c) Notice to Department When Failure To Appear Set Aside. If a judgment for a failure to appear in a traffic infraction case has been set aside, the Department shall be notified that it has been set aside and of the final disposition of the infraction upon entry of judgment. [Adopted effective September 1, 1992; Amended effective November 21, 2006; January 2, 2018.]

citation: IRLJ IRLJ 4.1

rule_number: IRLJ 4.1


title: Failure to Pay or Complete Community Restitution for Traffic Infraction

text: IRLJ 4.2 FAILURE TO PAY OR COMPLETE COMMUNITY RESTITUTION FOR TRAFFIC INFRACTION (a) Failure To Pay or Complete Community Restitution. Unless the traffic infraction is a parking, standing, stopping, or pedestrian infraction, the court shall notify the Department within ten 10 days: (1) If the defendant fails to pay the monetary penalty assessed after a hearing to contest the traffic infraction or a hearing to explain mitigating circumstances, or after a decision on written statements, if authorized by local court rule, or (2) If the defendant fails to meet a time payment authorized by the court or fails to complete community restitution approved by the court. (b) Notice to Department. The notice to the Department shall be in the form prescribed by the Department. (c) Removal of the Failure To Pay or Complete Community Restitution. When the defendant has paid all monetary penalties owing, including completion of community restitution, the court shall notify the Department within 10 days of payment or of completion of community restitution on a form prescribed by the Department. [Adopted effective January 1, 1981;Amended effective September 1, 1992; January 3, 2006.]

citation: IRLJ IRLJ 4.2

rule_number: IRLJ 4.2


title: What Orders May Be Appealed

text: IRLJ 5.1 WHAT ORDERS MAY BE APPEALED A defendant may appeal a judgment entered after a contested hearing finding that the defendant has committed the infraction. The plaintiff may appeal a decision which in effect abates, discontinues, or determines the case other than by a judgment that the defendant has not committed an infraction. No other orders or judgments are appealable by either party. [Adopted effective January 1, 1981; Amended September 1, 1992.]

citation: IRLJ IRLJ 5.1

rule_number: IRLJ 5.1


title: Appeal to Superior Court

text: IRLJ 5.2 APPEAL TO SUPERIOR COURT An appeal from a court of limited jurisdiction is governed by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. Under RALJ 1.1 the appeal from some courts is an appeal for error on the record, and the appeal from other courts is conducted as a trial de novo. The procedures for an appeal for error on the record are defined by RALJ. The procedures for a trial de novo are defined by CRLJ 73 and 75. [Adopted effective January 1, 1981; Amended effective September 1, 1992.]

citation: IRLJ IRLJ 5.2

rule_number: IRLJ 5.2


title: Time

text: IRLJ 6.1 TIME Time shall be computed or enlarged as provided in CRLJ 6, except that the time in which to respond to the notice of infraction under rule 2.4 and the time in which to file an appeal may not be enlarged. [Adopted effective January 1, 1981; Amended effective September 1, 1992; September 1, 1995.]

citation: IRLJ IRLJ 6.1

rule_number: IRLJ 6.1


title: Monetary Penalty Schedule for Infractions

text:
IRLJ 6.2 MONETARY PENALTY SCHEDULE FOR INFRACTIONS (a) Effect of Schedule. The penalty for any infraction listed in this rule may not be changed by local court rule. The court may impose on a defendant a lesser penalty in an individual case. Provided that, whenever the base penalty plus statutory assessments results in a total payment that is not an even dollar amount, the base penalty is deemed to be amended to a higher amount which produces the next greatest even dollar total. (b) Unscheduled Infractions. The penalty for any infraction not listed in this rule shall be $48, not including statutory assessments. A court may, by local court rule, provide for a different penalty. (c) Infractions Not Covered. This schedule does not apply to penalties for parking, standing, stopping, or pedestrian infractions established by municipal or county statute. Penalties for those infractions are established by statute or local court rule, but shall be consistent with the philosophy of these rules. (d) Penalty Schedule. The following infractions shall have the penalty listed, not including statutory assessments. Base Penalty (1)

Traffic Infractions

Second Degree Negligent Driving (RCW 46.61.525)

$250

Wrong way on freeway (RCW 46.61.150)

$188

Wrong way on freeway access (RCW 46.61.155)

$93

Backing on limited access highway (RCW 46.61.605)

$93

Spilling or failure to secure load (RCW 46.61.655)

$93

Throwing or depositing debris on highway (RCW 46.61.645)

$93

Disobeying school patrol (RCW 46.61.385)

$93

Passing stopped school bus (with red lights flashing) (RCW 46.61.370)

$93

Violation of posted road restriction (RCW 46.44.080; RCW 46.44.105)

$188

Switching license plates, loan of license or use of another's (RCW 46.16A)

$93

Altering or using altered license plates (RCW 46.16A.200)

$93

Operator's Licenses (RCW 46.20) No Valid Driver's License (With Identification)

$250

All other RCW 46.20 infractions

$48

Vehicle Licenses (RCW 46.16A) Expired Vehicle License (RCW 46.16A.030)

Two months or less

$48

Over 2 months

$93

Speeding (RCW 46.61.400) if speed limit is over 40 m.p.h. 1-5 m.p.h. over limit

$33

6-10 m.p.h. over limit

$43

11-15 m.p.h. over limit

$58

16-20 m.p.h. over limit

$73

21-25 m.p.h. over limit

$88

26-30 m.p.h. over limit

$108

31-35 m.p.h. over limit

$133

36-40 m.p.h. over limit

$158

Over 40 m.p.h. over limit

$188

Speeding if speed limit is 40 m.p.h. or less 1-5 m.p.h. over limit

$43

6-10 m.p.h. over limit

$48

11-15 m.p.h. over limit

$63

16-20 m.p.h. over limit

$83

21-25 m.p.h. over limit

$108

26-30 m.p.h. over limit

$133

31-35 m.p.h. over limit

$158

Over 35 m.p.h. over limit

$188

Speed Too Fast for Conditions (RCW 46.61.400(1))

$48

Rules of the Road Failure to stop (RCW 46.61.050)

$48

Failure to stop on approach of emergency vehicle (RCW 46.61.210)

$500

Failure to yield the right of way (RCW 46.61.180, 185, .190, .205, .235, .300, .365)

$48

Failure to yield the right of way on approach of emergency vehicle (RCW 46.61.210)

$500

Following too close (RCW 46.61.145, .635)

$48

Failure to signal (RCW 46.61.310)

$48

Improper lane usage or travel (RCW 46.61.140)

$48

Impeding traffic (RCW 46.61.425)

$48

Improper passing (RCW 46.61.110, .115, .120, .125, .130)

$48

Prohibited and improper turn (RCW 46.61.290, .295, .305)

$48

Crossing double yellow line left of center line (RCW 46.61.100, .130, .140)

$48

Operating with obstructed vision (RCW 46.61.615)

$48

Wrong way on one-way street (RCW 46.61.135)

$48

Failure to comply with restrictive signs (RCW 46.61.050)

$48

Accident If an accident occurs in conjunction with any of the listed rules-of-the-road infractions or speed too fast for conditions, the penalty for the infraction shall be:

$73

Equipment (RCW 46.37) Illegal use of emergency equipment (RCW 46.37.190)

$93

Defective or modified exhaust systems, mufflers, prevention of noise and smoke (RCW 46.37.390(1) and (3)) First offense (the penalty may be waived upon proof to the court of compliance)

$53

Second offense within 1 year of first offense

$73

Third and subsequent offenses within 1 year of first offense

$93

Any other equipment infraction (RCW 46.37.010)

$48

Motorcycles Any infraction relating specifically to motorcycles (including no valid endorsement, RCW 46.20.500)

$48

Parking Illegal parking on roadway (RCW 46.61.560)

$30

Any other parking infraction (not defined by city or county ordinance)

$20

Pedestrians

Any infraction regarding pedestrians (not defined by city or county ordinance)

$33

Bicycles Any infraction regarding bicycles

$38

Load Violations (all under RCW 46.44, except over license capacity) (see RCW 46.16A) Over legal--tires, wheelbase (RCW 46.44.105(1)) (First offense)

$78

(Second offense)

$108

(Third offense)

$123

Over license capacity (RCW 46.16.545) (First offense)

$63

(Second offense)

$108

(Third offense)

$123

Violation of special permit

$73

Failure to obtain special permit

$73

Failure to submit to being weighed

$73

Illegal vehicle combination (RCW 46.44.036)

$73

Illegally transporting mobile home

$78

Any other infraction defined in RCW 46.44

$58

Violation of Federal Motor Carrier Safety Regulations (RCW 46.32.010) Logbook/Medical Certificate

$75

Equipment/All Others

$48

Private Carrier (RCW 46.73) Failure to display valid medical exam

$75

Violation of daily log book Driver not out of service

$75

Driver out of service

$101

Off-Road Vehicles (ATVs) (RCW 46.09)

Any RCW 46.09 infraction

$53

Snowmobiles (RCW 46.10) Any RCW 46.10 infraction

$53

Failure to provide proof of motor vehicle insurance (RCW 46.30.020)

$250

(2)

Commercial Vehicle Infractions (WAC 480)

Defective Equipment/Driver Safety (auto transp.)

$48

Commercial Vehicle License (auto transp.)

$48

Defective Equipment/Driver Safety (charter/excursion bus)

$48

Commercial Vehicle License (charter/excursion bus)

$48

Defective Equipment/Driver Safety (solid waste transp.)

$48

Commercial Vehicle License (solid waste transp.)

$48

Failure To Have Proof of Insurance (RCW 81.80.190)

$250

Defective Equipment/Driver Safety

$48

Commercial Vehicle License

$48

Defective Equipment/Driver Safety (limousine)

$48

Commercial Vehicle License (limousine)

$48

(3)

Parks and Recreation Infractions

Display of Snowmobile Registration Number, Decals, and Validation Tabs (WAC 308-94-050)

$61

Off-Road Vehicle Traffic Prohibited (WAC 332-52)

$48

Travel Off-Road or Off-Trail (WAC 332-52)

$48

Spark-Arresting Muffler Required (WAC 332-52)

$48

Yield Right of Way to: Log Hauling and Gravel Trucks (WAC 332-52)

$48

Animal-Drawn Vehicles/Persons Riding Animals (WAC 332-52)

$48

Following Closer Than 150 Feet (WAC 332-52)

$48

Moving Through Livestock Herd Without Direction (WAC 332-52)

$48

Parking on the Traveled Portion of the Roadway (WAC 332-52)

$30

Excessively Rev Vehicle Engine (WAC 332-52)

$48

Driving/Parking Vehicles (WAC 332-52)

$48

Bicycles/Motorbikes/Motorcycles on Posted Trails (WAC 332-52)

$48

Driving Motor Vehicle in Camp (WAC 332-52)

$48

Moorage and Use of Marine Facilities (WAC 352-12-010)

$48

Moorage Fees (WAC 352-12-020)

$48

Seasonal Permits (WAC 352-12-030)

$48

Use of Onshore Campsites (WAC 352-12-040)

$48

Self-Registration (WAC 352-12-050)

$73

Parking (WAC 352-20-010)

$24

Motor Vehicles on Roads and Trails (WAC 352-20-020)

$73

Speed Limits (WAC 352-20-030)

$48

Vehicles in Snow Areas (WAC 352-20-040)

$73

Trucks and Commercial Vehicles (WAC 352-20-050)

$48

Camping (WAC 352-32-030)

$73

Campsite Reservation (WAC 352-32)

$48

Picnicking (WAC 352-32-040)

$48

Park Periods (Unlawful Entry) (WAC 352-32-050)

$73

Park Capacities (WAC 352-32-053)

$48

Peace and Quiet (WAC 352-32-056)

$73

Pets (WAC 352-32-060)

$48

Horseback Riding (WAC 352-32-070)

$48

Use of Nonmotorized Cycles or Similar Devices in State Parks (WAC 352-32-075)

$48

Swimming (WAC 352-32-080)

$48

Games (WAC 352-32-090)

$48

Disrobing (WAC 352-32-100)

$48

Tents, etc., on Beaches (WAC 352-32-110)

$48

Lakes Located Wholly Within State Park Boundaries—Internal Combustion Engines Prohibited (WAC 352-32-155)

$48

Lakes located Partially Within State Park Boundaries—Internal Combustion Engines Prohibited (WAC 352-32-157)

$48

Solicitation (WAC 352-32-195)

$73

Intoxication in State Park Areas (WAC 352-32-220)

$148

Food and Beverage Containers on Swimming Beaches (WAC 352-32-230)

$48

Use of Metal Detectors in State Parks (WAC 352-32-235)

$48

Self-Registration (WAC 352-32-255)

$73

Sno-Park Permit (WAC 352-32-260)

$48

Sno-Park Permit Display (WAC 352-32-265)

$48

Vehicular Traffic--Where Permitted--Generally (WAC 352-37-030)

$73

Equestrian Traffic (WAC 352-37-080)

$48

Pedestrians To Be Granted Right of Way (WAC 352-37-090)

$48

Beach Parking (WAC 352-37-090)

$48

Overnight Parking or Camping Prohibited (WAC 352-37-110)

$73

Speed Limits (WAC 352-37-130)

$48

(4)

Boating Infractions

Operating Vessel in Negligent Manner (RCW 79A.60.030)

$173

No Personal Flotation Device (PFD) on Vessel for Each Person (RCW 79A.60.160(1))

$48

Personal Flotation Device Not the Appropriate Size (RCW 79A.60.160(1))

$48

Personal Flotation Device Not Readily Accessible (RCW 79A.60.160(1))

$48

Observer Required on Board Vessel (RCW 79A.60.170(2))

$48

Observer To Continuously Observe (RCW 79A.60.170(2))

$48

Failure To Display Skier Down Flag (RCW 79A.60.170(2))

$48

Flag/Pole Not to Specifications (RCW 79A.60.170(2))

$48

Observer Does Not Meet Minimum Qualifications (RCW 79A.60.170(3))

$73

Water Skier Not Wearing Personal Flotation Device (RCW 79A.60.170(4))

$73

Overloading of Vessel Beyond Safe Carrying Ability (RCW 79A.60.180(1))

$123

Carrying Passengers in Unsafe Manner (RCW 79A.60.180(1))

$73

Overpowering of Vessel Beyond Vessel's Ability To Operate Safely (RCW 79A.60.180(2))

$123

Person Not Wearing Personal Flotation Device (PFD) on Personal Watercraft (RCW 79A.60.190(1))

$73

Failure To Give Accident Information to Law Enforcement (RCW 79A.60.200(1))

$123

Motor Propelled Vessels Without Effective Muffler in Good Working Order and Constant Use (RCW 79A.60.130(1))

$48

Sound Level in Excess of 90 Decibels for Engines Made Before 1/1/94 Using Stationary Test (RCW 79A.60.130(1))

$48

Sound Level in Excess of 88 Decibels for Engines Made on or After 1/1/94 Using Stationary Test (RCW 79A.60.130(1))

$48

Sound Level in Excess of 75 Decibels Using Shoreline Test (RCW 79A.60.130(3))

$48

Removing, Altering or Modifying Muffler or Muffler System (RCW 79A.60.130(7))

$48

Manufacturing, Selling, or Offering for Sale Any Vessel Equipped With Noncomplying Muffler or Muffler System (RCW 79A.60.130(8))

$73

Vessel Exemption/Exception for Competing in Racing Events Carried on Board Operating Vessel (RCW 79A.60.130(8))

$48

Personal Flotation Devices (PFDs) (WAC 352-60-030)

$48

Visual Distress Signals (WAC 352-60-040)

$48

Ventilation (WAC 352-60-050)

$48

Navigation Lights and Sound Signals (WAC 352-60-060)

$48

Steering and Sailing (WAC 352-60-070)

$48

Fire Extinguishing Equipment (WAC 352-60-080)

$48

Backfire Flame Control (WAC 352-60-090)

$48

Liquefied Petroleum Gas (WAC 352-60-100)

$48

Canadian Vessels (WAC 352-60-110)

$48

(5)

Fish and Wildlife Infractions

Fish for Personal Use–Barbed Hooks (RCW 77.15.160(1)(a))

$48

Fail to Immediately Record Fish/Shellfish on Catch Record Card (RCW 77.15.160(1)(b))

$48

Fail to Return Catch Record Card (RCW 77.15.160(1)(c))

$29

Recreational Fishing–License not with Person (RCW 77.15.160(1)(d)(i)(A))

$87

Recreational Fishing–Rule Violation Involves Salmon or Steelhead (RCW 77.15.160(1)(d)(i)(B)(I))

$122

Involves Sturgeon (RCW 77.15.160(1)(d)(i)(B)(II))

$87

Involves Game Fish (RCW 77.15.160(1)(d)(i)(B)(III))

$87

Involves Food Fish (RCW 77.15.160(1)(d)(i)(B)(IV))

$87

Involves Shellfish (RCW 77.15.160(1)(d)(i)(B)(V))

$74

Involves Unclassified Fish or Shellfish (RCW 77.15.160(1)(d)(i)(B)(VI))

$87

Involves Waste of Food Fish, Game Fish or Shellfish (RCW 77.15.160(1)(d)(i)(B)(VII))

$97

Seaweed–License not with Person (<2x daily limit) (RCW 77.15.160(1)(e)(i))

$87

Seaweed–Rule violation (<2x daily limit) (RCW 77.15.160(1)(e)(ii))

$29

Hunting Wild Animals—Infraction no license on person except big game (RCW 77.15.160(2)(a))

$73

Harm Bird Eggs/Nests (not endangered/protected wild birds) (RCW 77.15.160(2)(b))

$87

Small Game Hunting Infractions Involves Unclassified Wildlife (RCW 77.15.160(2)(c)(i))

$73

Involves Small Game (RCW 77.15.160(2)(c)(ii))

$87

Involves Furbearers (RCW 77.15.160 (2)(c)(iii))

$87

Involves Game Birds (RCW 77.15.160(2)(c)(iv))

$87

Involves Wild Birds (RCW 77.15.160(2)(c)(v))

$87

Involves Wild Animals (RCW 77.15.160(2)(c)(vi))

$87

Involves Waste of Small Game (RCW 77.15.160(2)(c)(vii))

$87

Taxidermist/Fur Dealer/Wildlife Meat Cutter–Fail to Maintain Records (RCW 77.15.160(3)(a)(i))

$87

Taxidermist/Fur Dealer/Wildlife Meat Cutter–Fail to Report Information (RCW 77.15.160(3)(a)(ii))

$87

Trapper–Fail to Report Trapping Activity (RCW 77.15.160(3)(b))

$87

Limited Fish Seller Infraction (RCW 77.15.160(4))

$87

Invasive Species Infraction—No out-of-state certificate

$87

(RCW 77.15.160(5)(a)(i)) Invasive Species Infraction—Clean and Drain Requirements (RCW 77.15.160(5)(a)(ii)

$87

Invasive Species Infraction—Fail to Obey Clean and Drain Order (RCW 77.15.160(5)(a)(iii))

$87

Invasive Species Infraction—Fail to Possess aquatic invasive species prevention permit (RCW 77.15.160(5)(a)(iv))

$87

Big Game Infractions Big Game—License not with Person (RCW 77.15.160(6)(a))

$500

Big Game Rule Violation—Deer, Elk, Black Bear, Cougar (RCW 77.15.160(6)(b))

$500

General Hunting Violations Rifle/Shotgun violation—Live Rounds in Magazine (RCW 77.15.160(7)(a))

$122

Discharge Firearm from or across maintained highway (RCW 77.15.160(7)(b))

$122

Fail to properly notch a transport tag (RCW 77.15.160(7)(c))

$122

Hydraulic Activities Operate a motor vehicle in wetted portion of a streambed (RCW 77.15.160(8)(a))

$122

Construct a rock dam or similar structure by hand that impedes fish movement (RCW 77.15.160(8)(b))

$48

Department licensed guides Failing to display department registration stickers as required (RCW 77.15.160(9)(a))

$87

Fail to initiate, complete, or submit guide logbooks as required (RCW 77.15.160(9)(b))

$122

Fishing Guide or Charter Boat operator violations Guide or charter aids in commission of a recreational fishing infraction (RCW 77.15.160(10)(a)(i))

$146

Guide or charter permits recreational fishing violation by a client (RCW 77.15.160(10)(a)(ii))

$122

Other Infractions Unlawfully Conducting or Holding a Fishing Contest or Field Trial (RCW 77.15.160(11)(a))

$146

Violate any other Department rule designated as an infraction (RCW 77.15.160(11)(b))

$87

Unlawfully posting signs (RCW 77.15.160(11)(c))

$122

Department Permits—Violates any Terms or Conditions (RCW 77.15.160(11)(d)(i))

$122

Department Permits – Violates any Department rule applicable to issuance or use of permits (RCW 77.15.160(11)(d)(ii))

$122

Department Permits—Violates any commercial use or activity permits, noncommercial use or activity permits, or parking permits issued by the Department (RCW 77.15.160(11)(d)(iii))

$122

Violate Distance/Feeding Prohibitions for Southern Resident Orca Whales (RCW 77.15.740)

$500

Negligently Feed/Attempt to Feed Large Wild Carnivores (RCW 77.15.790)

$500

Adopted effective September 1, 1992; Amended effective June 25, 1993; May 1, 1994; August 15, 1995; June 5, 1996; December 28, 1999; July 22, 2001; August 2, 2005; April 30, 2007; December 10, 2013; July 1, 2015; July 28, 2020; November 1, 2021; July 27, 2025.]

citation: IRLJ IRLJ 6.2

rule_number: IRLJ 6.2


title: Title and Citation of Rules

text: IRLJ 6.3 TITLE AND CITATION OF RULES These rules may be known and cited as Infraction Rules for Courts of Limited Jurisdiction. IRLJ is the official abbreviation. [Adopted effective January 1, 1981; Amended effective September 1, 1992.]

citation: IRLJ IRLJ 6.3

rule_number: IRLJ 6.3


title: Effective Date

text: IRLJ 6.4 EFFECTIVE DATE These rules shall apply to all infraction cases in which the infraction occurred on or after September 1, 1992. [Adopted effective January 1, 1981; Amended effective September 1, 1992.]

citation: IRLJ IRLJ 6.4

rule_number: IRLJ 6.4


title: Rules Superseded

text: IRLJ 6.5 RULES SUPERSEDED The Justice Court Traffic Infraction Rules originally effective January 1, 1981, are superseded by these rules, except that the Justice Court Traffic Infraction Rules shall be applicable to any traffic offense occurring before September 1, 1992. [Adopted effective January 1, 1981; Amended effective September 1, 1992.]

citation: IRLJ IRLJ 6.5

rule_number: IRLJ 6.5


title: Speed and Weight Measuring Device: Design and Construction Certification

text:
IRLJ 6.6 SPEED AND WEIGHT MEASURING DEVICE: DESIGN AND CONSTRUCTION CERTIFICATION (a) In General. This rule applies only to contested hearings in traffic infraction cases. (b) Speed Measuring Device Certificate; Form. In the absence of proof of a request on a separate pleading to produce an electronic or laser speed measuring device (SMD) expert served on the prosecuting authority and filed with the clerk of the court at least thirty (30) days prior to trial or such lesser time as the court deems proper, a certificate in substantially the following form is admissible in lieu of an expert witness in any court proceeding in which the design and construction of an electronic or laser speed measuring device (SMD) is an issue: CERTIFICATION CONCERNING DESIGN AND CONSTRUCTION OF ELECTRONIC SPEED MEASURING DEVICES OR LASER SPEED MEASURING DEVICES I, ____________________ do certify under penalty of perjury as follows: I am employed with _______________ as a _______________. I have been employed in such a capacity for _______________ years. Part of my duties include supervising the maintenance and repair of all electronic and laser speed measuring devices (SMD's) used by _______________ (name of agency). This agency currently uses the following SMD's: (List all SMD's used and their manufacturers and identify which SMDs use laser technology.) I have the following qualifications with respect to the above stated SMD's: (List all degrees held and any special schooling regarding the SMD's listed above.) This agency maintains manuals for all of the above stated SMD's. I am personally familiar with those manuals and how each of the SMD's are designed and operated. On __________ (date) testing of the SMD's was performed under my direction. The units were evaluated to meet or exceed existing performance standards. This agency maintains a testing and certification program. This program requires: (State the program in detail.) Based upon my education, training, and experience and my knowledge of the SMD's listed above, it is my opinion that each of these electronic pieces of equipment is so designed and constructed as to accurately employ the Doppler effect in such a manner that it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator or, in the case of the laser SMDs, each of these pieces of equipment is so designed and constructed as to accurately employ measurement techniques based on the velocity of light in such a manner that it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator. ___________________________________ (Signature) Dated: ____________________________ (c) Scale Certification of Inspection and Calibration; Form. A certificate, in substantially the following form, is admissible in lieu of a witness in any court proceeding in which the calibration and accuracy of a weigh station scale weight measuring is an issue: SCALE TEST REPORT AND CERTIFICATION OF INSPECTION

I, ______________________, do certify under penalty of perjury as follows: I am employed with ____________________ as a _____________________. Part of my duties include supervising the inspection and calibration of the traffic scales used by ___________________. I have the following qualifications with respect to scale calibration: (list all training or special degrees regarding scale calibration). On __________________ (date), testing of the following scale was performed under my direction and the scale was evaluated to meet or exceed existing accuracy standards. (List all scale identification information to indicate the location type and relevant parameters of the scale.) Using the testing procedures set forth in Handbook 44, promulgated by the National Institute of Standards and Technology, and test weights certified under oath as accurate as shown on the attached “Report of Calibration” under certification number(s) ____________________, and herein incorporated by reference, the above device met or exceeded the standards of accuracy. _________________________________ (Signature) Dated: ________________________ (d) Continuance. The court at the time of the formal hearing shall hear testimony concerning the infraction and, if necessary, may continue the proceedings for the purpose of obtaining evidence concerning an electronic speed measuring device and the certification thereof or a weigh station scale and the certification of calibration thereof. If, at the time it is supplied, the evidence is insufficient, a motion to suppress the readings of such device shall be granted. (e) Maintaining Certificates as Public Records. Any certificate, affidavit or foundational evidentiary document allowed or required by this rule can be filed with the court and maintained by the court as a public record. The records will be available for inspection by the public. Copies will be provided on request. The court may charge any allowable copying fees. The records are available without a formal request for discovery. The court is entitled to take judicial notice of the fact that the document has been filed with the court. Evidence will not be suppressed merely because there is not a representative of the prosecuting authority present who actually offers the document. Evidence shall be suppressed pursuant to subsection (d) of this rule if the evidence in the certificate, affidavit or document is insufficient, or if it has not been filed as required. [Adopted as JTIR effective January 1, 1981; Amended effective September 1, 1989. Changed from JTIR to IRLJ effective September 1, 1992; Amended effective September 1, 1997; October 31, 2000; January 3, 2006; October 1, 2024.]

citation: IRLJ IRLJ 6.6

rule_number: IRLJ 6.6


title: Identity Challenges and Relief from Judgment

text: IRLJ 6.7 IDENTITY CHALLENGES AND RELIEF FROM JUDGMENT (a) Relief from Judgment. A motion to waive or suspend a fine, or to convert a penalty to community restitution, or to vacate a judgment is governed by CRLJ 60(b). (b) Identity Challenge. (1) Right Granted. In addition to the rights granted defendants pursuant to rule 6.7(a), a defendant may move to vacate a judgment that was entered after a failure to respond to a notice of infraction on the basis that he or she was mistakenly identified as the person who allegedly committed the infraction. (2) Identity Affidavit. A defendant moving to vacate a judgment for mistaken identification shall file an affidavit or certification with the court in which the infraction was found committed and with the office of the prosecuting authority assigned to the court stating that he or she could not be the person identified by the citing officer as having committed the infraction, citing a factual basis for the assertion and stating that he or she was not served with the notice of infraction. (3) Adjudication Pending Hearing. The court may, at its discretion, set aside the default judgment pending the hearing. (4) Scheduling of Hearings. An identification hearing shall be scheduled for not less than 14 days and not more than 120 days from the date an identity affidavit is filed unless otherwise agreed by the defendant. The court shall send the defendant written notice of the time, place and date of the hearing within 28 days of the receipt of the request for hearing. (5) Hearing Procedure. The court may require the defendant to appear at the scheduled hearing. At the hearing, identification may be established by methods other than direct identification in court. (6) Disposition. If the court determines that the named defendant was the person identified by the citing officer as the person who committed the infraction or was served with the notice of infraction, the infraction shall remain committed or be re-adjudicated as committed. [Adopted effective September 1, 1994; amended effective January 3, 2006; February 28, 2006; February 1, 2021; July 9, 2024.]

citation: IRLJ IRLJ 6.7

rule_number: IRLJ 6.7


title: Classification System for Court Rules

text:
GR 1 CLASSIFICATION SYSTEM FOR COURT RULES PART I: RULES OF GENERAL APPLICATION General Rules Code of Judicial Conduct Discipline Rules for Judges Board for Judicial Administration Rules Admission to Practice Rules Rules of Professional Conduct Limited Practice Officer Rules of Professional Conduct Limited License Legal Technician Rules of Professional Conduct Rules for Enforcement of Lawyer Conduct Rules for Enforcement of Limited Practice Officer Rules for Enforcement of Limited License Legal Technician Conduct Judicial Information System Committee Rules Rules of Evidence

GR CJC DRJ BJAR APR RPC LPORPC LLLT RPC ELC ELPOC ELLLTC JISCR ER

PART II: RULES FOR APPELLATE COURT ADMINISTRATION Supreme Court Administrative Rules Court of Appeals Administrative Rules

SAR CAR

PART III: RULES ON APPEAL Rules of Appellate Procedure

RAP

PART IV: RULES FOR SUPERIOR COURT Superior Court Administrative Rules Superior Court Civil Rules Superior Court Civil Arbitration Rules Superior Court Special Proceedings Rules Superior Court Guardian ad Litem Rules Superior Court Criminal Rules Superior Court Special Proceeding Rules Criminal Superior Court Civil Commitment Rules Juvenile Court Rules

AR CR SCCAR SPR GALR CrR SPCR CCR JuCR

PART V: RULES FOR COURTS OF LIMITED JURISDICTION Administrative Rules for Courts of Limited Jurisdiction Rules for Appeal of Decisions of Courts of Limited Jurisdiction Civil Rules for Courts of Limited Jurisdiction Criminal Rules for Courts of Limited Jurisdiction Infraction Rules for Courts of Limited Jurisdiction

ARLJ RALJ CRLJ CrRLJ IRLJ

[Adopted effective July 1, 1967; Amended effective January 1, 1974; July 1, 1974; July 1, 1976; September 24, 1976; April 2, 1979; January 1, 1981; May 14, 1982; January 21, 1983; September 1, 1985; December 8, 1986; September 1, 1987; September 1, 1989; September 1, 1992; March 9, 1999; November 27, 2001; October 1, 2002; December 3, 2019; June 27, 2023; October 31, 2023.]

citation: GR GR 1

rule_set: GR

rule_number: GR 1


title: Holidays

text: GR 2 HOLIDAYS (a) In event any legal holiday falls on Saturday all the courts of the state shall be closed on the preceding day (Friday). (b) In event any legal holiday falls on Sunday all the courts of the state shall be closed on the following day (Monday). (c) All clerk’s offices shall likewise be closed on such days. [Adopted effective February 3, 1977.]

citation: GR GR 2

rule_number: GR 2


title: Filings and Hearings--Time Extended

text: GR 3 FILINGS AND HEARINGS--TIME EXTENDED In event the last day for filing any document, having any hearing or for doing any other thing or matter in any court shall fall upon a day when such court shall be closed according to rule 2 or rule 21, then and in that event the time for such filing, hearing, or other thing or matter shall be extended until the end of the next business day upon which such court shall be open for business. Notwithstanding this rule, extensions of time for trial are governed by CrR 3.3(d)(8) and CrRLJ 3.3(d)(8). [Adopted effective February 3, 1977; Amended effective October 1, 1999.]

citation: GR GR 3

rule_number: GR 3


title: Service and Filing by an Incarcerated Person

text: GR 3.1 SERVICE AND FILING BY AN INCARCERATED PERSON (a) If an incarcerated person files a document in any proceeding, the document is timely filed if deposited in the institution’s internal mail system within the time permitted for filing. (b) Whenever service of a document on a party is permitted to be made by mail, the document is deemed “mailed” at the time of deposit in the institution’s internal mail system addressed to the parties on whom the document is being served. (c) If an institution has a system designed for legal mail, the incarcerated person must use that system to receive the benefit of this rule. Timely filing or mailing may be shown by a declaration or notarized affidavit in a form substantially as follows: DECLARATION I, [name of incarcerated person], declare that, on [date], I deposited the foregoing [name of document], or a copy thereof, in the internal mail system of [name of institution] and made arrangements for postage, addressed to: [name and address of court or other place of filing]; [name and address of parties or attorneys to be served]. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. DATED at [city, state] on [date]. ___________________________ [signature] (d) Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after filing or service of a document, and if an incarcerated person files or serves the document under this rule, that period shall begin to run on the date the document is received by the party. [Adopted effective September 1, 2006; Amended effective January 1, 2023.]

citation: GR GR 3.1


title: Law Librarian

text: GR 4 LAW LIBRARIAN The time and manner of observing holidays by the Law Library on days herein designated and on days immediately before and/or after such days shall be subject to the direction of the State Law Librarian. [Adopted effective February 3, 1977.]

citation: GR GR 4

rule_number: GR 4


title: Audits

text: GR 5 AUDITS The judicial branch of the government of the State of Washington is a separate and co-equal division of said state government. The funds for operation of the judicial branch and many funds which pass through the courts are public funds of the state and/or of various subdivisions, agencies, or municipalities of the state. Every court in this state must, upon demand, submit all financial records of such court to the State Auditor or their agents for inspection and audit, as to all funds received, disbursed, or in possession of said court. [Adopted effective February 8, 1977. Amended effective January 1, 2023.]

citation: GR GR 5

rule_number: GR 5


title: Sessions of Courts

text: GR 6 SESSIONS OF COURTS (a) Sessions of the Supreme Court shall be held in accordance with SAR 4. (b) Sessions of the Court of Appeals shall be held in accordance with CAR 4. (c) Sessions of the Superior Court shall be held in accordance with CR 77(f). [Adopted effective January 30, 1978.]

citation: GR GR 6

rule_number: GR 6


title: Local Rules--Filing and Effective Date

text: GR 7 LOCAL COURT RULEMAKING (a) Generally. One copy of rules of court authorized by law to be adopted or amended by courts other than the Supreme Court must be filed with the state Administrative Office of the Courts. New proposed rules and amendments must be filed on or before July 1, to be effective September 1 of the same year. Promulgation or amendment of rules that describe only the structure, internal management and organization of the court but do not affect courtroom procedures are not governed by the time limitations above. (b) Review and Comment (1) No court may adopt an amended or new local rule without first distributing the proposal and allowing at least 30 days for comment. The court shall distribute the proposal by posting it on the court’s website and sending the proposal to the county prosecutor, the county clerk, a representative of the county public defender, and the local bar association (with a request that the association notify its members). The court may also take other actions to distribute the proposal. (2) The court shall direct that all comments on the proposal be submitted in writing to the court by a deadline the court sets. The court shall post on its website all comments it receives. (3) After the comment period closes and the court considers any comments, the court may adopt, amend, or reject the proposal or take such other action as the court deems appropriate. (c) Form. All local rules shall be consistent with rules adopted by the Supreme Court, and shall conform in numbering system and in format to these rules to facilitate their use. Each rule and amendment filed shall state its effective date in brackets following the rule. Prior to adopting a local rule, the court may informally submit a copy of its local rule to the Administrative Office of the Courts for comments as to its conformity in number and format to the Official Rules of Court, and suggestions with reference thereto. (d) Distribution. On or before September 1 of each year, the Administrator for the Courts shall distribute all local rules, and amendments thereto, to the state law library, the libraries of the three divisions of the Court of Appeals, all county law libraries, Washington law school libraries, and to such other places as are deemed appropriate by the Administrative Office of the Courts. (e) Availability of Local Rules. The clerk of the court adopting the rules shall maintain a complete set of current local rules, which shall be available for inspection and copying. (f) Emergency Rules. (1) In the event a court other than the Supreme Court deems that an emergency exists which requires a change in its rules, such court shall, in addition to filing the rules or amendments as provided in section (a), distribute them to all county law libraries. (2) A rule or amendment adopted on an emergency basis shall become effective immediately on filing with the Administrative Office of the Courts. The rule or amendment shall remain effective for a period of 90 days after filing, unless readopted in accordance with section (f)(1) or submitted as a permanent rule or amendment under section (a) within the 90-day period. (g) Filing Local Rules Electronically. The Administrative Office of the Courts shall establish the specifications necessary for a court to file its local court rules electronically. [Adopted effective January 1, 1981; Amended effective September 1, 1991; March 19, 1993; November 25, 2003; July 30, 2019; February 1, 2021.]

citation: GR GR 7

rule_number: GR 7


title: Reserved, Chapter 136, Laws 2002

text: GR 8 [RESCINDED and RESERVED, LAWS OF 2002, CH. 136] [Adopted effective January 1, 1981; Rescinded effective January 1, 2003.]

citation: GR GR 8

rule_number: GR 8


title: Supreme Court Rulemaking Procedure

text:
GR 9 SUPREME COURT RULEMAKING (a) Statement of Purpose. The purpose of rules of court is to provide necessary governance of court procedure and practice and to promote justice by ensuring a fair and expeditious process. In promulgating rules of court, the Washington Supreme Court seeks to ensure that: (1) The adoption and amendment of rules proceed in an orderly and uniform manner; (2) All interested persons and groups receive notice and an opportunity to express views regarding proposed rules; (3) There is adequate notice of the adoption and effective date of new and revised rules; (4) Proposed rules are necessary statewide; and

(5) Minimal disruption in court practice occurs by limiting the frequency of rule changes; (6) Rules of court are clear and definite in application. (b) Definitions. As used in this rule, the following terms have these meanings:

(1) “Suggested rule” means a request for a rule change or a new rule that has been submitted to the Supreme Court. (2) “Proposed rule” means a suggested rule that the Supreme Court has ordered published for public comment. (c) Request for Notification. Any person or group may file a request with the Supreme Court to receive notice of a suggested rule. The request may be limited to certain kinds of rule changes. The request shall state the name and address of the person or group to whom the suggested rule is to be sent. Once filed, the request shall remain in effect until withdrawn or unless notice sent by regular, first-class U.S. mail is returned for lack of a valid address. (d) Initiation of Rules Changes. Any person or group may submit to the Supreme Court a request to adopt, amend, or repeal a court rule. The Supreme Court shall determine whether the request is clearly stated and in the form required by section (e) of this rule. If the Supreme Court determines that a request is unclear or does not comply with section (e), the Supreme Court may (1) accept the request notwithstanding its noncompliance, (2) ask the proponent to resubmit the request in the proper format, or (3) reject the request, with or without a written notice of the reason or reasons for such rejection. (e) Form for Submitting a Request to Change Rules. (1) The text of all suggested rules should be submitted on 8 1/2- by 11-inch line-numbered paper with consecutive page numbering and in an electronic form as may be specified by the Supreme Court. If the suggested rule affects an existing rule, deleted portions should be shown and stricken through; new portions should be underlined once. (2) A suggested rule should be accompanied by a cover sheet and not more than 25 pages of supporting information, including letters, memoranda, minutes of meetings, research studies, or the like. The cover sheet should contain the following: (A) Name of Proponent--the name of the person or group requesting the rule change;

(B) Spokesperson--a designation of the person who is knowledgeable about the proposed rule and who can provide additional information; (C) Purpose--the reason or necessity for the suggested rule, including whether it creates or resolves any conflicts with statutes, case law, or other court rules; (D) Hearing--whether the proponent believes a public hearing is needed and, if so, why; (E) Expedited Consideration--whether the proponent believes that exceptional circumstances justify expedited consideration of the suggested rule, notwithstanding the schedule set forth in section (i). (f) Consideration of Suggested Rule by Supreme Court. (1) The Supreme Court Rules Committee shall initially determine whether a suggested rule has merit and whether it involves a significant or merely technical change. A “technical change” is one that corrects a clerical mistake or an error arising from oversight or omission. The Supreme Court Rules Committee shall also initially determine whether the suggested rule should be considered under the schedule provided for in section (i) or should receive expedited consideration for the reason or reasons to be set forth in the transmittal form provided for in section (f)(2). The Supreme Court Rules Committee may consult with other persons or groups in making this initial determination. (2) After making its initial determination, the Supreme Court Rules Committee shall forward each suggested rule, except those deemed “without merit,” along with a transmittal form setting forth such determinations, to the Washington State Bar Association, the Superior Court Judges Association, the District and Municipal Court Judges Association, and the Chief Presiding Judge of the Court of Appeals for their consideration. The transmittal shall include the cover sheet and any additional information provided by the proponent. The Supreme Court Rules Committee shall also forward the suggested rule and cover sheet to any person or group that has filed a notice pursuant to section (c), and to any other person or group the Supreme Court Rules Committee believes may be interested. The transmittal form shall specify a deadline by which the recipients may comment in advance of any determination under section (f)(3) of this rule. If the Supreme Court Rules Committee determines that the suggested rule should receive expedited consideration, it shall so indicate on the transmittal form. The form may contain a brief statement of the reason or reasons for such consideration. (3) After the expiration of the deadline set forth in the transmittal form, the Supreme Court may reject the suggested rule, adopt a merely technical change without public comment, or order the suggested rule published for public comment. (g) Publication for Comment. (1) A proposed rule shall be published for public comment in such media of mass communication as the Supreme Court deems appropriate, including, but not limited to, the Washington Reports Advance Sheets and the Washington State Register. The proposed rule shall also be posted on such Internet sites as the Supreme Court may determine, including those of the Supreme Court and the Washington State Bar Association. The purpose statement required by section (e)(2)(C) shall be published along with the proposed rule. Publication of a proposed rule shall be announced in the Washington State Bar News. (2) Publication of a proposed rule in the Washington State Register shall not subject Supreme Court rule making to the provisions of the Administrative Procedures Act. (3) All comments on a proposed rule shall be submitted in writing to the Supreme Court by

the deadline set forth in section (i). (4) If a comment includes a suggested rule, it should be in the format set forth in section (e). All comments received will be kept on file in the office of the Clerk of the Supreme Court for public inspection and copying. (h) Final Action by the Supreme Court, Publication, and Effective Date. (1) After considering a suggested rule, or after considering any comments or written or oral testimony received regarding a proposed rule, the Supreme Court may adopt, amend, or reject the rule change or take such other action as the Supreme Court deems appropriate. Prior to action by the Supreme Court, the court may, in its discretion, hold a hearing on a proposed rule at a time and in a manner defined by the court. If the Supreme Court orders a hearing, it shall set the time and place of the hearing and determine the manner in which the hearing will be conducted. The Supreme Court may also designate an individual or committee to conduct the hearing. (2) Regarding action on a suggested rule: (A) If the Supreme Court rejects the suggested rule, it may provide the proponent with the reason or reasons for such rejection. (B) If the Supreme Court adopts the suggested rule without public comment, it shall publish the rule and may set forth the reason or reasons for such adoption. (3) Regarding action on a proposed rule: (A) If the Supreme Court rejects a proposed rule, it may publish its reason or reasons for such rejection. (B) If the Supreme Court adopts a proposed rule, it may publish the rule along with the purpose statement from the cover sheet. (C) If the Supreme Court amends and then adopts a proposed rule, it should publish the rule as amended along with a revised purpose statement. (4) All adopted rules, or other final action by the Supreme Court for which this rule requires publication, shall be published in a July edition of the Washington Reports advance sheets and in the Washington State Register immediately after such action. The adopted rules or other Supreme Court final action shall also be posted on the Internet sites of the Supreme Court and the Washington State Bar Association. An announcement of such publication shall be made in the Washington State Bar News. (5) All adopted rules shall become effective as provided in section (i) unless the Supreme Court determines that a different effective date is necessary. (i) Schedule for Review and Adoption of Rules. (1) In order to be published for comment in January, as provided in section (i)(2), a suggested rule must be received no later than October 15 of the preceding year. (2) Proposed rules shall be published for comment in January of each year. (3) Comments must be received by April 30 of the year in which the proposed rule is published.

(4) Proposed rules published in January and adopted by the Supreme Court shall be republished in July and shall take effect the following September 1. (5) All suggested rules will be considered pursuant to the schedule set forth in this section, unless the Supreme Court determines that exceptional circumstances justify more immediate action. (6) The Supreme Court, in consultation with the Washington State Bar Association, the Superior Court Judges Association, the District and Municipal Court Judges Association, and the Chief Presiding Judge of the Court of Appeals, shall develop a schedule for the periodic review of particular court rules. The schedule shall be posted on such Internet sites as the Supreme Court may determine, including those of the Supreme Court and the Washington State Bar Association. (j) Miscellaneous Provisions. (1) The Supreme Court may adopt, amend, or rescind a rule, or take any emergency action with respect to a rule without following the procedures set forth in this rule. Upon taking such action or upon adopting a rule outside of the schedule set forth in section (i) because of exceptional circumstances, the Supreme Court shall publish the rule in accordance with sections (g) or (h) as applicable. (2) This rule shall take effect on September 1, 2000 and apply to all rules not yet adopted by the Supreme Court by that date. [Adopted effective March 19, 1982; Amended effective September 1, 1984; September 1, 2000; April 2, 2026.]

citation: GR GR 9

rule_number: GR 9


title: Ethics Advisory Committee Regarding Advisory Opinions on Judicial Conduct

text: GR 10 ETHICS ADVISORY COMMITTEE REGARDING ADVISORY OPINIONS ON JUDICIAL CONDUCT (a) The Chief Justice shall appoint an Ethics Advisory Committee consisting of seven members. Of the members first appointed, four shall be appointed for 2 years, and three shall be appointed for 3 years. Thereafter, appointments shall be for a 2-year term. One member shall be appointed from the Court of Appeals, two members from the superior courts, two members from the courts of limited jurisdiction, one member from the Washington State Bar Association, and the Administrator for the Courts or a designee. The Chief Justice shall designate one of the members as chair. The committee (1) is designated as the body to give advice with respect to the application of the provisions of the Code of Judicial Conduct to officials of the Judicial Branch as defined in article 4 of the Washington Constitution and (2) shall from time to time submit to the Supreme Court recommendations for necessary or advisable changes in the Code of Judicial Conduct. (b) Any judge may in writing request the opinion of the committee. Compliance with an opinion issued by the committee shall be considered as evidence of good faith by the Supreme Court. (c) Every opinion issued pursuant to this rule shall be circulated by the Administrator for the Courts. A request for an opinion is confidential and not public information unless the Supreme Court otherwise directs. The Administrator for the Courts shall publish regularly opinions issued pursuant to this rule. [Adopted effective September 1, 1983; Amended effective November 11, 1983; May 25, 1984; April 25, 2017; January 1, 2023.]

citation: GR GR 10

rule_number: GR 10


title: Court Interpreters

text: GR 11 INTERPRETING AND LANGUAGE ACCESS The use of qualified interpreters is authorized in judicial proceedings involving hearing impaired or non-English-speaking individuals and courts are authorized to provide vital information necessary to access judicial proceedings in languages other than English. [Adopted effective July 17, 1987; Amended effective September 1, 2022.]

citation: GR GR 11

rule_number: GR 11


title: Purpose and Scope of Interpreter Commission

text:
GR 11.1 PURPOSE AND SCOPE OF INTERPRETER AND LANGUAGE ACCESS COMMISSION (a) Purpose and Scope. This rule establishes the Interpreter and Language Access Commission (Commission) and prescribes the conditions of its activities. This rule does not modify or duplicate the statutory process directing the Court Interpreter Program as it is administered by the Administrative Office of the Courts (AOC) (chapter 2.43 RCW). The Commission will develop policies for the Interpreter Program and the Program Policy Manual, published on the Washington Court's website at www.courts.wa.gov, which shall constitute the official version of policies governing the Court Interpreter Program. The Commission shall establish and promulgate guidelines on interpreting, translation, and language access matters affecting individuals who are Limited-English-proficient or who use a signed language. (b) Jurisdiction and Powers. Every interpreter serving in a legal proceeding must comply with GR 11.2, the Code of Professional Responsibility for Judiciary Interpreters, and is subject to the rules and regulations specified in the Court Interpreter Disciplinary Policy Manual. The Commission shall establish four committees to fulfill ongoing functions related to language access issues, discipline, and judicial/court administration education. Each committee shall consist of at least three Commission members and one member shall be identified as the chair. (1) The Issues Committee is assigned issues, complaints, and/or requests from or about interpreters and interpreting for review and response. If the situation cannot be resolved at the Issues Committee level, the matter will be submitted by written referral to the Disciplinary Committee. The Issues Committee will also address issues, complaints, and/or requests regarding access to interpreter services in the courts and may communicate with individual courts in an effort to assist in complying with language access directives required by law. (2) The Disciplinary Committee may sanction any interpreter serving in a legal proceeding for a violation of GR 11.2, the Code of Professional Responsibility for Judiciary Interpreters, and has the authority to decertify or deny credentials to interpreters based on the disciplinary procedures for: (a) violations of continuing education/court hour requirements, (b) failure to comply with Code of Professional Responsibility for Judiciary Interpreters (GR 11.2) or professional standards, or (c) violations of law that may interfere with their duties as an interpreter in a legal proceeding. The Disciplinary Committee will decide on appeal any issues submitted by the Issues Committee. (3) The Judicial and Court Administration Education Committee shall provide ongoing opportunities for training and resources to judicial officers, court administrators, and court staff related to court interpretation improvement. (4) The Translation Committee shall provide guidelines to courts on matters that involve written documents of a legal nature or that are related to accessing the court through textual means, whether digital or otherwise. (c) Establishment. The Supreme Court shall appoint no more than 20 members to the Commission and shall designate the chair and cochair of the Commission. The Commission shall include representatives from the following areas of expertise: judicial officers from the appellate and each trial court level (3), spoken language interpreter (2), sign language interpreter (1), certified Deaf interpreter representative (1), court administrator (1), attorney (1), public member (2), representative from ethnic organization (1), an AOC representative (1), Deaf community representative (1), translator or translation services representative (1) who shall hold a certified interpreting credential from the AOC and be practicing professional translator, and other representatives as needed. The term for a member of the Commission shall be three years. Members are eligible to serve a subsequent 3-year term. Members shall serve on at least one

committee and committees may be supplemented by ad hoc professionals as designated by the chair. Ad hoc members may not serve as the chair of a committee. (d) Regulations. Policies outlining rules and regulations directing the interpreter program are specified in the Interpreter Program Manual. The Commission, through the Issues Committee and Disciplinary Committee, shall enforce the policies of the interpreter program. Interpreter program policies may be modified at any time by the Commission and AOC. (e) Existing Law Unchanged. This rule shall not expand, narrow, or otherwise affect existing law, including but not limited to chapter 2.43 RCW. (f) Meetings. The Commission shall hold meetings as determined necessary by the chair. Meetings of the Commission are open to the public except for executive sessions and disciplinary meetings related to action against an interpreter. (g) Immunity from Liability. No cause of action against the Commission, its standing members or ad hoc members appointed by the Commission, shall accrue in favor of a court interpreter or any other person arising from any act taken pursuant to this rule, provided that the Commission members or ad hoc members acted in good faith. The burden of proving that the acts were not taken in good faith shall be on the party asserting it. [Adopted effective September 1, 2005; Amended effective April 26, 2016; December 18, 2018; September 1, 2022.]

citation: GR GR 11.1


title: Code of Conduct for Court Interpreters

text:
GR 11.2 CODE OF PROFESSIONAL RESPONSIBILITY FOR JUDICIARY INTERPRETERS (a) Preamble. As officers of the court, interpreters must maintain high standards of professional conduct that promote public trust and confidence in the administration of justice. The purpose of this code is to establish standards of conduct that interpreters must abide by in order to preserve the integrity and independence of the judicial system. It establishes core ethical principles of interpreter conduct in all aspects of their profession. (b) Scope. The text of each rule is authoritative, while the comments provide important guidance in understanding the rules. (c) Applicability. All interpreters serving in the judicial system must abide by this Code of Professional Responsibility. (d) Compliance. Interpreters who violate the provisions of this code are subject to disciplinary action and/or any other sanction that may be imposed by law. (e) Definitions. (1) Source language – the original language of the writer or speaker. (2) Target language – the language of the receiving reader or listener. (3) Register – the degree of formality of language. (4) Sight translation – the rendering of a written document directly into a spoken or signed language, not for purposes of producing a written document. (f) Canons. (1) Accuracy. Interpreters must reproduce in the target language the closest natural equivalent of the source language message without altering it by means of addition, omission, or explanation. Comment (1)[1] Interpreters are obligated to conserve every element of information contained in the source and target languages. In doing so, they fulfill a twofold duty: (1) to ensure that legal proceedings reflect in English precisely what is said or signed by limited English proficient individuals and (2) to place limited English proficient individuals on an equal linguistic footing with those who are fully proficient in English. (1)[2] Interpreters are required to apply their best skills and judgment to render, as faithfully as reasonably possible, the meaning of what is said or signed, preserving the style and register of speech, and the ambiguities and nuances of the source statement. Everything must be interpreted, even if it appears nonresponsive, obscene, rambling, or incoherent. This includes false starts and apparent misstatements. However, verbatim, "word for word," or literal interpretation is inappropriate if it distorts the meaning of what is said or signed. Spoken language interpreters should convey the speaker’s tone without reenacting or mimicking the speaker’s emotions or dramatic gestures. Sign language interpreters, on the other hand, should employ visual cues, including facial expressions, body language, and hand gestures, which are structural elements of sign languages.

(1)[3] Interpreters have the duty to immediately address any situation or condition that impedes their ability to accurately interpret. Examples include, but are not limited to, linguistic ambiguities, unfamiliar terms, inaudible speech, inability to see a speaker, background noise or distraction, and pace of speech. (1)[4] The obligation to preserve accuracy includes the interpreter’s duty to correct any substantive errors of interpretation as soon as possible. Interpreters should be prepared to accept feedback, including challenges to their interpretation, in a professional and impersonal manner. (1)[5] Due to the difficulty of extemporaneously interpreting recordings (such as 911 calls), the practice of doing so in court should be discouraged at all times. Rather, proper transcripts and corresponding written translations should be prepared in advance. If ordered by the presiding officer to interpret a recording in court, interpreters should comply but state, on the record, that they cannot guarantee the accuracy of the interpretation. (1)[6] Interpreters should refrain from sight translating documents for the record. Rather, written translations of documents offered in an evidentiary hearing should be prepared in advance. If ordered by the presiding officer to sight translate such documents, interpreters should comply but state, on the record, that they cannot guarantee the accuracy of the sight translation. (1)[7] The ethical responsibility to interpret accurately includes being prepared for assignments. Interpreters are encouraged to obtain documents and other information necessary to familiarize themselves with the nature and purpose of an assignment. Prior preparation is described below; it is especially important when testimony or documents include highly specialized terminology and subject matter. Preparation may include but is not limited to: (i) reviewing relevant documents, such as criminal complaints, police reports, briefs, witness lists, jury instructions, prior depositions, etc.; (ii) asking interpreters previously involved in the case for information on language use or style; or (iii) asking attorneys involved in the case for additional relevant information. (2) Competence. Interpreters must not knowingly accept any assignment beyond their skill level. If at any point, before or during an assignment, they have reservations about their ability to satisfy an assignment competently, they must immediately disclose this to all parties and, if applicable, to the court. In their professional capacity, interpreters must not give legal or other advice or engage in any activity that may be construed as a service other than interpreting or translating. Comment (2)[1] Interpreters are duty bound to inquire about the assignment in advance and assess their competence to render services. (2)[2] Interpreters are not qualified to give written or oral counsel about a legal matter that could affect the rights and responsibilities of the person receiving the advice. GR 24 sets forth what constitutes the practice of law. (2)[3] Interpreters should maintain and expand competence in their field through professional development. Professional development includes steady practice, professional

training, ongoing education, terminology research, regular and frequent interaction with colleagues and specialists in related fields, and staying abreast of new technologies, current issues, laws, policies, rules, and regulations that affect their profession. (2)[4] Interpreters should know and follow established protocols for delivering interpreting services. When speaking in English, interpreters should speak at a volume that enables them to be heard throughout the courtroom. They should interpret in the first person and refer to themselves in the third person. (3) Honesty and Integrity. Interpreters have an inviolable duty to provide honest services in which their behavior upholds the values outlined in this code. They must accurately represent their credentials, training, and relevant experience. Interpreters must not engage in conduct that impedes their compliance with this code or allow another to induce or encourage them to violate the law or this code. Comment (3)[1] It is essential that interpreters present a complete and truthful account of their credentials, training, and relevant experience prior to an assignment so that their ability to satisfy it competently can be fairly evaluated. (4) Impartiality and Neutrality. Interpreters must faithfully render the source message without allowing their own views to interfere. They must refrain from conduct that may give an appearance of bias and must disclose any real or potential conflict of interest to all parties and the court, if applicable, as soon as they become aware of it. Comment (4)[1] Interpreters should strive for professional detachment. They should uphold impartiality by avoiding verbal and nonverbal displays of personal attitudes, prejudices, emotions, or opinions. Interpreters must faithfully render all statements, even those they find personally objectionable, without allowing their own views or opinions to interfere. (4)[2] As officers of the court, interpreters serve the court and the public, regardless of whether publicly or privately retained. Interpreters must uphold neutrality by avoiding any behavior that creates the appearance of favoritism toward anyone. Interpreters should maintain professional relationships with persons using their services, discourage personal dependence on the interpreter, and avoid participation in the proceedings in any capacity other than providing interpreter services. During the course of the proceedings, interpreters should not converse with parties, witnesses, jurors, attorneys, or friends or relatives of any party, except in the discharge of their official functions. (4)[3] Interpreters must not serve in any matter in which they have an interest, financial or otherwise, in the outcome, unless a specific exception is allowed by the judicial officer for good cause and noted on the record. Interpreters must not solicit or accept gifts or gratuities from any of the parties, even as a social courtesy, in order to maintain the appearance of neutrality. Interpreters must disclose to the parties and/or the court any circumstance that creates a potential conflict of interest, including but not limited to the following: (i) the interpreter is a friend, associate, or relative of a party, witness, victim, or counsel; (ii) the interpreter or the interpreter’s friend, associate, or relative has a financial interest in the case at issue, a shared financial interest with a party to the proceeding, or any other interest that might be affected by the outcome of the case; (iii) the interpreter has served in an investigative capacity for any party involved in the case;

(iv) the interpreter has previously been retained by a law enforcement agency to assist in the preparation of the criminal case at issue; (v) the interpreter is an attorney in the case at issue; or (vi) the interpreter has previously been retained for employment by one of the parties. The existence of any one of the abovementioned circumstances should be evaluated by the parties and the court but should not automatically disqualify an interpreter from providing services. If an actual or perceived conflict of interest exists, the appropriate authorities should determine whether it is appropriate for the interpreter to withdraw based on the totality of the circumstances. (5) Confidentiality. Interpreters must not divulge privileged or other confidential information obtained in their professional capacity. They must refrain from making any public statement on matters in which they serve. Comment (5)[1] Privileged communications take place within the context of a protected relationship, such as that between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient. The law often protects against forced disclosure of such conversations. Interpreters are bound to maintain the confidentiality of all privileged communications. (5)[2] Interpreters are also routinely privy to communications that, while not necessarily privileged by law, are conveyed in confidence. In order to preserve the integrity of the judicial process, interpreters have an ongoing duty to refrain from disclosing information obtained in their professional capacity. This duty is consistent with CJC 2.10. [Adopted effective November 17, 1989. Original Rule 11.1 was renumbered as Rule 11.2 effective September 1, 2005; Amended effective April 26, 2016; December 18, 2018; March 12, 2019.]

citation: GR GR 11.2


title: Remote Interpretation

text:
GR 11.3 REMOTE INTERPRETATION (a) Interpreters may be appointed to provide interpretation via audio only or audiovisual communication platforms for nonevidentiary proceedings. For evidentiary proceedings, the interpreter shall appear in person unless the court makes a good cause finding that an in-person interpreter is not practicable. The court shall make a preliminary determination on the record, on the basis of the testimony of the person utilizing the interpreter services, of the person’s ability to participate via remote interpretation services. (b) Chapters 2.42 and 2.43 RCW and GR 11.2 must be followed regarding the interpreter's qualifications and Code of Professional Responsibility for Judiciary Interpreters. (c) In all remote interpreting court events, both the LEP individual and the interpreter must have clear audio of all participants throughout the hearing. In video remote court events, the person with hearing loss and the interpreter must also have a clear video image of all the participants throughout the hearing. (d) If the telephonic or video technology does not allow simultaneous interpreting, the hearing shall be conducted to allow consecutive interpretation of all statements. (e) The court must provide a means for confidential attorney-client communications during hearings, and allow for these communications to be interpreted confidentially. (f) To ensure accuracy of the record, where practicable, courts should provide relevant case information and documents to the interpreter, in advance of the hearing, including but not limited to: (i) Copies of documents furnished to other participants such as complaints, guilty pleas, briefs, jury instructions, infraction tickets, police reports, etc. (ii) Names of all participants such as the parties, judge, attorneys, and witnesses. (iii) If not practicable to provide documents in advance, courts should allow time for the interpreter to review documents or evidence when necessary for accurate interpretation. (g) Written documents, the content of which would normally be interpreted, must be read aloud by a person other than the interpreter to allow for full interpretation of the material by the interpreter. (h) Upon the request of a party, the court may make and maintain a recording of the spoken language interpretations or a video recording of the signed language interpretations made during a hearing. Any recordings permitted by this subparagraph shall be made and maintained in the same manner as other audio or video recordings of court proceedings. (i) When using remote interpreter services in combination with remote legal proceedings, courts should ensure the following: the LEP person or person with hearing loss is able to access the necessary technology to join the proceeding remotely; the remote technology allows for confidential attorney-client communications, or the court provides alternative means for these communications; the remote technology allows for simultaneous interpreting, or the court shall conduct the hearing using consecutive interpretation and take measures to ensure interpretation of all statements; translated instructions on appearing remotely are provided, or alternative access to this information is provided through interpretation services; audio and video feeds are clear; and judges, court staff, attorneys, and interpreters are trained on the use of the remote platform.

Comments:

[1] While remote interpretation is permissible, in-person interpreting services are the primary and preferred way of providing interpreter services for legal proceedings. Because video remote interpreting provides participants interpreters the ability to see and hear all parties, it is more effective than telephonic interpreter services. Allowing remote interpretation for evidentiary hearings will provide flexibility to courts to create greater accessibility. However, in using this mode of delivering interpreter services, where the interpreter is remotely situated, courts must ensure that the remote interpretation is as effective and meaningful as it would be in person and that the LEP (Limited English Proficient) person or person with hearing loss is provided full access to the proceedings. Interpreting in courts involves more than the communications that occur during a legal proceeding, and courts utilizing remote interpretation should develop measures to address how LEP persons and persons with hearing loss will have access to communications occurring outside the courtroom where the in-person interpreter would have facilitated this communication. Courts should make a preliminary determination on the record regarding the effectiveness of remote interpretation and the ability of the person utilizing the interpreter service to meaningfully participate at each occurrence because circumstances may change over time necessitating an ongoing determination that the remote interpretation is effective and enables the parties to meaningfully participate. [2] Section (b) reinforces the requirement that interpreters appointed to appear remotely must meet the qualification standards established in chapters 2.42 and 2.43 RCW and they must be familiar with and comply with the Code of Professional Responsibility for Judiciary Interpreters. Courts are discouraged from using telephonic interpreter service providers who cannot meet the qualification standards outlined in chapters 2.42 and 2.43 RCW. [3] Section (c) discusses the importance of courts using appropriate equipment and technology when providing interpretation services through remote means. Courts should ensure that the technology provides clear audio and video, where applicable, to all participants. Because of the different technology and arrangement within a given court, audio transmissions can be interrupted by background noise or by distance from the sound equipment. This can limit the ability of the interpreter to accurately interpret. Where the LEP person or person with hearing loss is also appearing remotely, as is contemplated in (h), courts should also ensure that the technology allows for full access to all visual and auditory information. When utilizing remote video interpreting for persons with hearing loss, the following performance standards must be met: real-time, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication; a sharply delineated image that is large enough to display the face, arms, hands, and fingers of both the interpreter and the person using sign language; and clear, audible transmission of voices. [4] Section (e) reiterates the importance of the ability of individuals to consult with their attorneys, throughout a legal proceeding. When the interpreter is appearing remotely, courts should develop practices to allow these communications to occur. At times, the court interpreter will interpret communications between an LEP or Deaf litigant and an attorney just before a hearing is starting, during court recesses, and at the conclusion of a hearing. These practices should be supported even when the court is using remote interpreting services. [5] Section (h). For court interpreting, it is the industry standard to use simultaneous interpreting mode when the LEP or Deaf individual is not an active speaker or signer. The use of consecutive interpreting mode is the industry standard for witness testimony where the witness is themselves LEP or Deaf. This allows for the English interpretation to be on the record. This section also addresses situations where, at the request of a party, the court is to make a recording

of the interpretation throughout the hearing, aside from privileged communications. If the court is not able to meet this requirement, an in-person hearing is more appropriate to allow recording of both the statements made on the record and the interpretation throughout during the hearing. Recordings shall not be made of interpretations during jury discussions and deliberations off the record. [6] Section (i) contemplates a situation where the legal proceeding is occurring remotely, including the interpretation. In this situation, all or most parties and participants at the hearing are appearing remotely and additional precautions regarding accessibility are warranted. This section highlights some of the additional considerations courts should make when coupling remote interpretation with a remote legal proceeding. [Adopted effective September 1, 1994; Amended effective September 1, 2005; December 29, 2020; May 3, 2022; November 1, 2022.]

citation: GR GR 11.3