Criminal Hearings Updates
Speedy Trial Waivers - Court Approved Form
Speedy trial waivers need to be signed by defendants prior to or at the hearing where the defendant is in person and they will be moving for a continuance. Please use the court approved form.
E-mail paperwork to criminal defendants in jail please. Mailing paperwork or dropping off physical copies for the defendants makes it more difficult for the custody officers to process the paperwork.
Change of Plea - Interpreter Needed - Cite to Friday Morning Docket
Starting the week of Monday, September 28, 2020 please cite any changes of plea and sentencing requiring an interpreter to the Friday morning change of plea docket.
Agreed Continuance Procedure
Starting the week of Monday, September 28, 2020 parties can make use of the following procedure for agreed continuances off docket:
- Defense and DPA are to work out the agreed dates for trial and readiness hearing and calculation of elapsed days.
- Defense counsel will prepare the speedy trial waiver and scheduling order forms to present to the defendant.
- Defendant will be advised by defense counsel of the waiver of speedy trial form with new commencement date and advised of the dates in the new scheduling order. Defendant and defense counsel will sign the forms.
- Defense counsel will send the signed forms to the DPA for DPA’s signature.
- DPA will review and sign the forms, print them, and get them to the assigned department for the judge’s signature. This must be done no later than 4:30 pm on the Friday afternoon the week prior to the week the case is set for a readiness hearing.
- Judge confirms the forms have been signed by the parties, decides whether to grant the motion. If the motion is granted the judge signs the forms and has them filed. If the judge denies the motion he or she notes the decision on the forms and has them filed. The parties are notified of the court’s decision by e-mail.
- Defense counsel will advise the defendant that the forms have been filed and provide copies to the defendant.
Cut off Time for Add-ons
The cut off time for add-ons to any criminal docket is noon the day prior to the docket.
Hearings Requiring Defendant's Physical Presence
Defendant’s physical presence is required for the following hearings:
CrR 3.5/CrR 3.6
Out of Custody Change of Plea and Sentencing
Supervised Release Violations
If defense has a question they can inquire of the court.
Out of Custody Defendants - Presence for Sentencing Required
Out of Custody defendants need to be present for sentencing in order to sign their judgment and sentence and be fingerprinted (required in adult and juvenile felony cases; see RCW 10.64.110) even if the charge is a misdemeanor or gross misdemeanor. These rules apply to juvenile disposition hearings as well.
Use of Break Out Rooms
Break out rooms should only be used when absolutely necessary to speak with a client during a hearing. They are not a substitute for speaking to a defendant prior to a hearing. Break out room use substantially increases the length of dockets, forcing attorneys to wait for long periods to have their matters heard.
Frequently Asked Questions
When will Readiness Dockets resume?
The Clark County Superior Court Revised Emergency Order 20-16, paragraph D, continues all jury trials until at least July 6, 2020. The first possible readiness hearing will occur on Thursday, July 2, 2020.