King County Superior Court
Criminal Department Manual
Revised June 2024
Revisions to the Criminal Department Manual:
• Chief Judge approval: The Chief Criminal Judge and Chief MRJC shall
determine if immediate revisions to the Criminal Department Manual
are required.
• Executive Committee: The Chief Criminal Judge and Chief MRJC shall
determine if revisions to the Criminal Department Manual must be
brought to the Executive Committee for approval per LCR 0.7(c).
King County Superior Court Criminal Department Manual
Page 2 Revised June 2024
Table of Contents
1 STATEMENT OF PURPOSE..................................................................... 4
1.1 CRIMINAL DEPARTMENT NEWS AND INFORMATION DISTRIBUTION ... 4
2 ORGANIZATION OF CRIMINAL DEPARTMENT ........................................... 5
2.1 CRIMINAL DEPARTMENT JUDGE RESPONSIBILITIES ........................ 5
2.2 CHIEF CRIMINAL JUDGE/ASSISTANT CHIEF CRIMINAL JUDGE/CHIEF
MRJC JUDGE RESPONSIBILITIES ................................................. 5
2.3 DRUG DIVERSION COURT........................................................... 6
2.4 DISTRICT COURT’S MENTAL HEALTH COURT .................................. 7
2.5 RALJ APPEALS .......................................................................... 7
2.6 CRIMINAL DEPARTMENT STAFF ................................................... 7
3 CRIMINAL DEPARTMENT SCHEDULE ....................................................... 9
3.1 KCCH/SEATTLE ......................................................................... 9
3.2 MRJC/KENT ............................................................................ 10
3.3 DRUG DIVERSION COURT......................................................... 11
4 CRIMINAL DEPARTMENT CONTACT INFO ............................................... 12
4.1 KCCH/SEATTLE ....................................................................... 12
4.2 MRJC/KENT ............................................................................ 12
4.3 DRUG DIVERSION COURT......................................................... 13
5 ARRAIGNMENT ................................................................................. 14
5.1 PROCEDURE ........................................................................... 14
5.2 UNREPRESENTED DEFENDANTS ................................................. 14
5.3 BAIL ..................................................................................... 15
6 APPOINTMENT OF COUNSEL ............................................................... 16
6.1 CONFLICT OF INTEREST ........................................................... 16
6.2 MOTION TO WITHDRAW OR SUBSTITUTE COUNSEL ...................... 16
6.3 CHALLENGE TO DETERMINATION OF FINANCIAL INELIGIBILITY ...... 16
6.4 PUBLIC DEFENDER CERTIFICATIONS .......................................... 16
7 BOND HEARING CALENDAR ................................................................ 18
7.1 CALENDAR ............................................................................. 18
7.2 SETTING A BOND HEARING ...................................................... 18
7.3 RETURN ON WARRANT ............................................................. 19
7.4 NOTICE OF VIOLATION FROM EHD OR CCAP ................................ 19
7.5 BOND HEARING AFTER PLEA OR FINDING OF GUILTY .................... 20
8 INTERPRETERS ................................................................................ 21
8.1 STATUTORY REQUIREMENT ...................................................... 21
8.2 EXAMINATION OF QUALIFIED INTERPRETER ................................ 21
9 COMPETENCY EVALUATION ................................................................ 22
9.1 CONTESTED DETERMINATION REGARDING COMPETENCY .............. 22
9.2 HEARING AFTER RESTORATION ................................................. 22
9.3 SEALING ............................................................................... 23
10 SERVICES AT PUBLIC EXPENSE ........................................................... 24
10.1 REVIEW OF DPD DECISION ....................................................... 24
10.2 MOTIONS TO SEAL .................................................................. 24
10.3 RETAINED COUNSEL ................................................................ 25
11 PRE-TRIAL TRACK: PRE-TRIAL OMNIBUS ............................................. 26
11.1 CONTINUANCE OF PRE-TRIAL OMNIBUS HEARING ........................... 26
11.2 DEFENDANT’S PRESENCE AT PRE-TRIAL OMNIBUS HEARINGS ........... 26
11.3 AGREED CRIMINAL ORDER E-FILING QUEUE ................................ 27
12 TRIAL TRACK: FRIDAY OMNIBUS CALENDAR ........................................ 28
12.1 TRIAL TRACK OMNIBUS PROCEDURE .......................................... 28
12.2 THE JUDGE'S ROLE AT THE TRIAL TRACK OMNIBUS HEARING ........ 29
13 DISCOVERY CONFERENCE .................................................................. 30
King County Superior Court Criminal Department Manual
Page 3 Revised June 2024
14 EXPEDITED MOTIONS CALENDAR ........................................................ 31
14.1 CALENDAR ............................................................................. 31
14.2 SETTING AN EXPEDITED MOTION .............................................. 31
14.3 NOTICE ................................................................................. 32
15 CRIMINAL MOTIONS ......................................................................... 33
15.1 CALENDAR ............................................................................. 33
15.2 SETTING A CRIMINAL MOTION .................................................. 33
15.3 MOTIONS CALENDAR LIMITED .................................................. 34
15.4 DEFENDANTS PRESENCE AT MOTION HEARINGS .......................... 34
16 GUILTY PLEAS .................................................................................. 35
16.1 SCHEDULING A PLEA ON THE PLEA CALENDAR ............................. 35
16.2 MOTIONS TO WITHDRAW GUILTY PLEA....................................... 35
17 TRIALS ........................................................................................... 37
17.1 AGREED CERTIFICATE OF TRIAL READINESS ............................... 37
17.2 TRIAL CONTINUANCE .............................................................. 38
17.3 CASE ASSIGNED TO TRIAL ....................................................... 38
17.4 CASE ON STANDBY ................................................................. 39
17.5 TRIAL CALL (Suspended as of January, 2015) .............................. 39
17.6 MISTRIAL .............................................................................. 40
17.7 NEW TRIAL FOLLOWING ORDER, WITHDRAW OF PLEA, OR REMAND 40
18 RESETTING A COURT DATE FOR FAILURE TO APPEAR/MOTION TO QUASH.. 42
18.1 ARREST WARRANT/ARRAIGNMENT ............................................. 42
18.2 BENCH WARRANT AT OMNIBUS OR TRIAL ................................... 42
18.3 BENCH WARRANT AT SENTENCING ............................................ 42
19 PRE-ASSIGNED CASES ...................................................................... 43
20 SENTENCING ................................................................................... 44
20.1 SENTENCING AUTHORIZATION FOR JUDGES PRO TEMPORE ........... 45
20.2 POST TRIAL/PLEA RELEASE....................................................... 47
20.3 SENTENCING CALENDARS ........................................................ 47
20.4 SCHEDULING SENTENCING HEARINGS ....................................... 47
20.5 DEPARTMENT OF CORRECTIONS PRESENTENCE REPORT................ 48
20.6 EXCEPTIONAL SENTENCES ....................................................... 49
20.7 COURT COSTS ........................................................................ 49
20.8 CREDIT FOR TIME SERVED ....................................................... 49
20.9 INFORMATIONAL FORMS .......................................................... 49
21 SENTENCING VIOLATION HEARINGS.................................................... 50
22 MATERIAL WITNESS WARRANT/HEARING ............................................. 51
22.1 IN-STATE WITNESSES ............................................................. 51
22.2 OUT-OF-STATE WITNESSES ...................................................... 51
23 PRO SE DEFENDANT ......................................................................... 53
24 RALJ .............................................................................................. 54
25 SCHOOL NOTIFICATION REQUIREMENT ................................................ 55
King County Superior Court Criminal Department Manual
Page 4 Revised June 2024
1 STATEMENT OF PURPOSE
The purpose of this manual is to advise King County Superior Court
judges and attorneys, pursuant to Local Rules of the Superior Court for
King County, LCrR 1.1, of current procedures for handling and
processing criminal cases in King County Superior Court.
1.1 CRIMINAL DEPARTMENT NEWS AND INFORMATION DISTRIBUTION
The Criminal Department regularly distributes important procedural
information, new forms, caseload data, and monthly trial calendar
information to criminal case practitioners.
To subscribe to Superior Court’s Criminal Department News and
Information distribution list, click on the following link and follow the
instructions on the subscription page: Criminal Department News and
Information
King County Superior Court Criminal Department Manual
Page 5 Revised June 2024
2 ORGANIZATION OF CRIMINAL
DEPARTMENT
The Presiding Judge of the King County Superior Court will appoint
judges to the Criminal Department in Seattle to serve for a designated
term in accordance with the court’s rotation policy. Trial judges
assigned to the MRJC, and not assigned to Unified Family Court, are
considered Criminal Department Judges for purposes of this manual.
2.1 CRIMINAL DEPARTMENT JUDGE RESPONSIBILITIES
The judges in the Criminal Department shall be responsible for the
case management and trial of all adult criminal cases within the King
County Superior Court.
Sentencing hearings from the Plea Calendar shall be assigned to
sentencing calendars spread among the judges assigned to the
Criminal and Civil Departments. The following departments will not be
assigned sentencing calendars:
• Presiding Judge
• Assistant Presiding Judge
• Chief MRJC Judge
• Chief Civil Judge
• Chief Criminal Judge
• Assistant Chief Criminal Judge
• Unified Family Court (UFC) Judges
• Juvenile Department Judges
• Drug Diversion Court Judge(s)
Each judge shall be responsible for handling his or her own sentencing
hearings following trials or guilty pleas that were assigned as trials,
except that pleas accepted by a judge on the plea calendar shall be
assigned to another sitting judge for post sentencing supervision.
When sentencing hearings are continued, they shall be heard at a later
date by the judge to whom the sentencing was originally assigned.
2.2 CHIEF CRIMINAL JUDGE/ASSISTANT CHIEF CRIMINAL JUDGE/CHIEF
MRJC JUDGE RESPONSIBILITIES
Cases with a SEA Designation: The Chief Criminal Judge will conduct
the expedited motions calendar, case scheduling calendar, the
omnibus calendar, and the in and out of custody SRA modification
calendar.
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Page 6 Revised June 2024
The Assistant Chief Criminal Judge will conduct the competency
calendar, arraignment calendar, the bond calendar, the criminal
motions calendar, the DOSA calendar, and other assignments at the
direction of the Chief Criminal Judge.
The Chief Criminal Judge will assign a Seattle criminal judge to the
plea calendar. The judge assigned to the plea calendar will hear the
anti-harassment calendar on Tuesday.
Cases with a KNT Designation: The Chief MRJC Judge will conduct
arraignments, the expedited motion calendar, the bond calendar, the
case scheduling calendar, and the omnibus calendar.
The Chief MRJC Judge will assign a Kent judge to the plea calendar,
the criminal motions calendar and the in-custody SRA calendar. The
judge assigned to the plea calendar will hear the anti-harassment
calendar on Tuesday.
The Chief Criminal Judge and the Chief MRJC Judge, or their
designees, will make probable cause determinations in the filing of
new cases and will resolve any other matters as needed in the absence
of a trial or sentencing judge.
2.3 DRUG DIVERSION COURT
A Drug Diversion Court Judge will hear the Drug Diversion Court
Calendars in both Seattle and Kent.
The King County Drug Diversion Court (KCDDC) provides eligible
defendants charged with felony drug and property crimes the
opportunity for drug treatment and access to other ancillary services.
Eligible defendants can elect to participate in the program or proceed
with traditional court processing. After choosing to participate in the
program, defendants come under the court's supervision and are
required to attend treatment sessions, undergo random urinalysis, and
appear before the KCDDC judge on a regular basis. KCDDC is a pre-
adjudication program. If defendants meet the requirements of each of
the four phases of KCDDC, they graduate from the program and their
charges are dismissed. If defendants fail to make progress, having
stipulated to the facts of the police report at opt-in, they are
terminated from the program and sentenced on their original charge
following a bench trial.
King County Superior Court Criminal Department Manual
Page 7 Revised June 2024
King County Drug Diversion Court’s (KCDDC) current eligibility criteria
are available on the KCDDC website:
http://www.kingcounty.gov/courts/DrugCourt.aspx The King County
Prosecuting Attorney’s Office screens all police referrals for KCDDC
eligibility. When the Prosecutor determines a defendant to be KCDDC
eligible, the case is filed directly into KCDDC for arraignment.
Defendants whose cases have been filed mainstream may ask to have
the case reviewed again by the Prosecutor. Defense attorneys are to
provide a completed transfer request and any supporting documents to
the Drug Court Prosecutor for his/her review. A copy of the transfer
request should also be provided to the Drug Court Prosecutor's
paralegal. The transfer request form is also available on the DDC
website.
Rules Regarding Eligibility:
https://kingcounty.gov/~/media/courts/Clerk/drugCourt/documents/K
CDDCEligibilityCriteria.ashx?la=en
2.4 DISTRICT COURT’S MENTAL HEALTH COURT
King County District Court operates a Mental Health Court (MHC) for
misdemeanor defendants suffering from mental illness. Defendants
are referred to the MHC from a variety of sources. In some instances,
a defendant’s case may begin as a felony charge in Superior Court but
subsequently may be negotiated to a misdemeanor plea with
supervision and treatment in the MHC. When this happens – and if
District Court finds that the defendant meets the eligibility
requirements for the MHC – the case may be refiled as a misdemeanor
in District Court. For more information about the MHC, please visit
District Court’s MHC webpage at: Welcome to the King County District Court
Regional Mental Health Court - King County, Washington
2.5 RALJ APPEALS
RALJ appeals are assigned at the time of filing to individual judges in
the Criminal, Civil, and UFC Departments in Seattle and Kent.
Criminal RALJ judge re-assignments after initial filing shall be made by
the Seattle Chief Criminal Judge for Seattle appeals or the MRJC Chief
Judge for Kent appeals.
2.6 CRIMINAL DEPARTMENT STAFF
Seattle
Criminal Department Manager II (primary location)
Court Department Supervisor
Criminal Calendar Technician
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Page 8 Revised June 2024
Information Processing Technician
Court Program Technician
Kent
Criminal Department Supervisor
Criminal Calendar Technician
Information Processing Technician
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Page 9 Revised June 2024
3 CRIMINAL DEPARTMENT
SCHEDULE
3.1 KCCH/SEATTLE
Calendar
Day of the Week
Time
Location
Expedited Motions
Mon – Thursday
8:30 – 9:00
E-1201
Motions to Discharge
Counsel
Mon – Thursday
1:00
E-1201
Extradition Waivers
Mon – Thursday
8:30
E-1201
State’s Request for
Warrants
Mon – Thursday
1:00
E-1201
Arraignment
Arraignment via Zoom
(prior notice to PAO and Court
required)
Mon – Thursday
(TUE – DV ONLY)
Mon – Thursday
9:00 – 11:00
10:00 – 11:00
E-1201
Bond / Warrant Quash
(including TR requests,
modify conditions or
lift/modify NCO)
Mon – Thursday
(DV SAU on
Tuesdays. DV overflow
can be set on
Thursdays)
Limit to 6 bond hearings
on each calendar.
11:00 – 12:00
E-1201
Plea
Monday
9:00 – 12:00
Rotates
1:00 – 4:00
Rotates
Tuesday
1:00 – 4:00
Rotates
Wednesday
9:00 – 12:00
Rotates
1:00 – 4:00
Rotates
Thursday
9:00 – 12:00
Rotates
1:00 – 4:00
Rotates
Competency Returns
Monday, Tuesday,
Thursday
1:00
Assistant Chief
Criminal
Courtroom
Contested Competency
Status Conference
Mon – Thursday
1:00
Assistant Chief
Criminal
Courtroom
Contested Competency
Hearing (less than 3
hours)
Mon – Thursday
1:00
Assistant Chief
Criminal
Courtroom
Contested Competency
Hearing (over 3 hours)
Mon – Thursday
9:00
Assigned to
Trial Judge
Trial Call (Suspended)
Mon – Thursday
After Case Setting
E-1201
King County Superior Court Criminal Department Manual
Page 10 Revised June 2024
Friday
After SRA
E-1201
Criminal Motions
Mon-Thursday
1:00
Assistant Chief
Criminal
Courtroom
Bond Forfeiture
2
nd
Thursday of
each month
3:15
E-1201
Pre-trial Omnibus
Mon – Thursday
(No mainstream on Tues.-
only DV/SAU)
1:00
E-1201
Trial track Omnibus
Friday
8:30
E-1201
Sentencing
Friday
1:00–4:30
Rotates
SRA Mod – In and out
of custody
Friday
1:00
E-1201
DOSA Review Calendar
Friday
8:30
Assistant Chief
Criminal
Courtroom
3.2 MRJC/KENT
Calendar
Day of the Week
Time
Location
Expedited Motions
Mon – Thursday
8:30
GA
Contested Competency
Wednesday
8:30
GA
Outpatient Competency
Restoration Program
Review Calendar
Tuesday
2:30
GA
Extradition Waivers
Mon – Thursday
8:30
GA
Arraignment
Mon, Tues, Wed,
Thurs
Only DV on Tuesdays.
9:00 – 11:00
GA
Anti-Harassment
Tuesday
8:30–12:00
Rotates
Plea Calendar
Monday
1:00–4:30
Rotates
Tuesday
1:00–4:30
Rotates
Wednesday
9:00–4:30
Rotates
Thursday
9:00–4:30
Rotates
Bond
Mon – Thursday
Limit to 8 bond hearings on
each calendar.
DV on Tues and Thurs.
SAU on Wed.
11:00
GA
Warrant Quash
Mon – Thursday
8:30
GA
Trial Call (Suspended)
Mon - Wednesday
1:10
GA
Friday
1:30
GA
Pre-trial Omnibus
Mon – Thursday
(No mainstream on Thurs.-
only DV. SAU on Tues.)
1:00
GA
Trial track Omnibus
Friday
8:30
GA
King County Superior Court Criminal Department Manual
Page 11 Revised June 2024
Criminal Motions /
Pleas off Omnibus
Friday
9:00–12:00
Rotates
Sentencing
Friday
1:00 – 4:30
Rotates
SRA Mod – In-Custody
Friday
1:30
GA
3.3 DRUG DIVERSION COURT
Calendar
Day of the Week
Time
Location
Drug Court Calendar
Monday, Tuesday,
Thursday
9:00-12:00
1:30-4:00
Seattle
E-912
Friday
9:00-12:00
Kent – 3H
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Page 12 Revised June 2024
4 CRIMINAL DEPARTMENT
CONTACT INFO
4.1 KCCH/SEATTLE
Trial Information
(206) 477-1481
Criminal Department Staff
(206) 477-1481
Scheduling Pleas and Sentencings
Pleas and sentencings also may be set by emailing:
pleacourtseattle@kingcounty.gov
(206) 477-1482
Scheduling 8:30 Expedited Motions and Bond Hearings
These hearings also may be set by emailing:
(206) 477-1635
Interpreters
(206) 477-1415
(206) 477-1483
Transcripts and Recordings of Proceeding for Criminal
Department Calendars
(206) 477-1451
4.2 MRJC/KENT
Trial Information
(206) 477-2730
Criminal Department Staff
(206) 477-2730
Scheduling Pleas and Sentencings
Pleas and sentencings also may be set by emailing:
(206) 477-2741
Scheduling Criminal Motions & Bond Hearings
These hearings also may be set by emailing:
kentcriminalmotions@kingcounty.gov
(206) 477-2733
Access to Clerk in Courtroom GA
(206) 205-2513
Interpreters: interse[email protected]v
(206) 477-1372
King County Superior Court Criminal Department Manual
Page 13 Revised June 2024
4.3 DRUG DIVERSION COURT
King County Drug Diversion Court Services
(206) 477-0788
Forms and instructions for ordering CD’s of hearings or criminal
motions calendars are located at How to Access Court Recordings - King
County, Washington
King County Superior Court Criminal Department Manual
Page 14 Revised June 2024
5 ARRAIGNMENT
The arraignment calendars are scheduled by the Prosecuting
Attorney’s office. Arraignments are scheduled within 14 days of filing.
The defendant must be present in person for arraignment.
Defendants who do not appear for their scheduled arraignment must
contact the Prosecuting Attorney’s office to get a new court date.
Failure to appear at arraignment may result in the court’s issuance of
a bench warrant.
5.1 PROCEDURE
At Arraignment, the Deputy Prosecuting Attorney shall advise the
defendant of the charge and provide a copy of the information to
defense counsel. The defendant shall enter a plea, make any
objection to the date of arraignment, and may request a personal
recognizance release or a reduction of bail or reserve such argument
to the Bond Calendar.
• “Guilty” pleas are generally not taken at time of Arraignment.
Due to the large number of arraignments each day, time does
not allow for taking a guilty plea at arraignment and defendants
often do not have assigned counsel at this time.
At arraignment, the following presumptive dates are set:
In custody
Out of custody
Pre-trial
Omnibus
Arraignment date+ 21
days (3 weeks)
Arraignment date + 42 days (6
weeks)
Trial date
Arraignment date + 56
days (8 weeks)
Arraignment date + 84 (12
weeks)
Expiration date
Arraignment date + 60
Arraignment date + 90
These dates are based on setting the pre-trial omnibus hearing and
trial date a certain number of weeks after arraignment, so that that
arraignment, pre-trial omnibus hearing, and trial date are all on the
same day of the week. The trial date is set as the maximum number
of weeks post-arraignment that can be set without going past the
expiration date.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
5.2 UNREPRESENTED DEFENDANTS
King County Superior Court Criminal Department Manual
Page 15 Revised June 2024
The Court shall advise unrepresented defendants of the procedure for
obtaining counsel and shall set a hearing one week out to confirm
counsel.
5.3 BAIL
If a request to address bail or other condition of release is made at
arraignment, a subsequent motion should set forth a change of
circumstances. Upon receipt of such a motion, the court will
determine whether a subsequent bond hearing will be set.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
King County Superior Court Criminal Department Manual
Page 16 Revised June 2024
6 APPOINTMENT OF COUNSEL
Prior to assignment of counsel, the Department of Public Defense
(DPD) is to screen the case to identify conflicts of interest in the prior
or current representation of parties or witnesses.
As soon as discovery is provided, the assigned attorney (or his or her
designee) shall again screen for conflicts.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
6.1 CONFLICT OF INTEREST
When the court determines that there is a conflict of interest
disqualifying assigned defense counsel from representing the
defendant, the Department of Public Defense shall assign new counsel.
6.2 MOTION TO WITHDRAW OR SUBSTITUTE COUNSEL
Counsel may withdraw as the attorney of record after arraignment and
prior to the first omnibus without a hearing upon notice to the court
and to opposing counsel.
A confirmation of counsel hearing shall be noted one week after the
notice to withdraw has been provided. The hearing may be stricken if a
Notice of Appearance has been filed.
A Motion to Withdraw or Substitute Counsel after the first omnibus
hearing shall be heard by the Chief Criminal Judge or Chief MRJC
Judge, with notice to opposing counsel.
6.3 CHALLENGE TO DETERMINATION OF FINANCIAL INELIGIBILITY
When a defendant disputes DPD’s determination that he or she is not
eligible for appointment of counsel at public expense, the defendant
may request court review of the decision. If the court makes a finding
of indigency, the court may order DPD to appoint counsel for the
defendant with, or without, the requirement that the defendant
execute a promissory note payable to DPD for the cost of
representation.
6.4 PUBLIC DEFENDER CERTIFICATIONS
The Washington Supreme Court adopted Standards for Indigent
Defense Services which mandate the filing of a certification of
compliance with the courts by public defenders practicing in adult
criminal and juvenile offender case types. These new standards
became effective October 1, 2012.
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Page 17 Revised June 2024
In King County Superior Court, the Clerk’s Office will be the repository
for these certifications. For 2024, the case number in which to file
these certificates is: 24-0-12055-9. Each year, the Clerk will
announce the new case number for the year.
Attorneys are required to e-file the certificates. The Supreme Court
certification form is available as an e-form in the clerk’s e-Filing
application with the appropriate case number already inserted. Per the
standard, attorneys are to submit one certificate per quarter.
You may access the clerk’s e-Filing application from the Clerk’s E-Filing
News and Information web page (Electronic Filing with the Superior Court
Clerk - King County, Washington). Log in then select the “Use e-Form
Template” link, enter the case number, select the “Certification of
Defense Counsel” New Form/Order Template, complete the template
by entering your information via the Data Entry tab, save the
document and complete the e-filing process.
Please note: King County District Court, Seattle Municipal Court and all
other courts will have a different process for accepting certifications.
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Page 18 Revised June 2024
7 BOND HEARING CALENDAR
7.1 CALENDAR
Motions to address bail or other conditions of release, prior to trial or
plea, are heard by the Assistant Chief Criminal Judge in Seattle or the
Chief MRJC Judge in Kent. Bond Motions are scheduled as follows:
Calendar
Day of the Week
Time
Location
Seattle
Mon – Thurs
11:00
E-1201
Kent
Mon – Thurs
11:00
GA
7.2 SETTING A BOND HEARING
Counsel may schedule the motion by obtaining an available hearing
date from the Chief Criminal Judge’s Bailiff in Seattle, or the Criminal
Department Supervisor in Kent.
Parties may note bond motions by using the following contact
information:
• Seattle: seacriminalmotions@kingcounty.gov.
• Kent: kentcriminalmotions@kingcounty.gov.
The moving party shall notify opposing counsel of the date and time
for the bond hearing, CrR 8.1, CR 6; CrR 8.2, CR 7. If there is no
assigned prosecutor, notice shall be sent to the EPU deputies or
supervisors.
Bond hearings may be set on the bond calendar as soon as possible
(shorter than six days), as long as notice is given. If a party needs
more time, they may ask for more time. DV or SAU hearings will still
require six days’ notice. The Court will strike hearings where there is
no notice.
For proper identification of an inmate, the following information is
needed to note a bond hearing:
• The name of the defendant
• The defense attorney's name
• The CCN (Computer Control Number)
• The charges
• Date of arraignment
• Trial date
• Current bail amount
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Page 19 Revised June 2024
• Cause number
The bailiff shall forward a copy of the bond calendar by email to the
Prosecuting Attorney’s Office and to the Department of Adult and
Juvenile Detention Court Services Office. At a bond hearing, counsel
must provide the court with the certification for determination of
probable cause, Prosecutor bail request, criminal history, and the
Court Services pretrial release interview form.
7.3 RETURN ON WARRANT
A defendant may request to address release at the first omnibus
hearing after being booked into custody on an outstanding warrant.
Defense counsel must affirmatively state their intent to address
release by emailing Seattle Criminal Motions and cc’ing the assigned
DPA. At least two court days’ notice must be provided. Upon receipt
of the emailed request, the court’s bailiff will make a note on the
omnibus calendar that release is to be addressed and ensure the
defendant is ordered for transport. If release is not addressed at the
first omnibus hearing, defense should schedule a bond hearing in
normal course as outlined above in Section 7.2
7.4 NOTICE OF VIOLATION FROM EHD OR CCAP
Seattle:
The State must email a copy of the proposed warrant and Notice of
Violation to SeaCriminalMotions@kingcounty.gov and copy defense
counsel. If the defendant has an upcoming omnibus hearing date in
the next two weeks, the warrant request will be addressed at that
hearing. The court will address the violations on the record. The bailiff
will note on the appropriate calendar that the case shall be addressed
on the record.
If the defendant does not have an upcoming hearing date, or the next
hearing is more than two weeks out, the case will be added to a
calendar to precede or follow the DOSA hearings on Friday mornings.
If there is an emergent need to hear the matter, the State should so
indicate in their email to SeaCrim. If appropriate, the matter may be
added to the 8:30 a.m. or 1:00 p.m. expedited motion calendar
Monday – Thursday.
The defendant is expected to appear at any hearing regarding alleged
violations of conditions of release when such hearing is set pursuant to
the procedures set forth in this section.
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Page 20 Revised June 2024
Kent:
The State must email a copy of the proposed warrant and Notice of
Violation to [email protected] and copy defense
counsel. If the defendant has an upcoming omnibus hearing date in
the next two weeks, the warrant request will be addressed at that
hearing. A good cause finding will be entered and the defendant is
expected to be physically present at that hearing. The court will
address the violations on the record. The calendar will be noted for this
purpose.
If the defendant does not have an upcoming hearing date, or the next
hearing is more than two weeks out, the case will be added an
Omnibus calendar within two weeks of the request for warrant. If there
is an emergent need to hear the matter, the State should so indicate
in their email to KentCrim and the matter may be added to the 8:30
expedited motion calendar Monday – Thursday, and OH on Friday.
The defendant is expected to appear at any hearing regarding alleged
violations of conditions of release when such hearing is set pursuant to
the procedures set forth in this section.
7.5 BOND HEARING AFTER PLEA OR FINDING OF GUILTY
Once a defendant has been found guilty, all other matters, including
bail or release, shall be heard by the sentencing judge, provided that a
judge not serving as judge pro tempore who takes a plea of guilty may
make a bail or release decision at plea.
With the consent of the sentencing judge, or under special
circumstances, such as when the sentencing judge is unavailable, a
motion regarding conditions of release may be heard by the Chief
Criminal Judge, Assistant Chief Criminal Judge or Chief MRJC Judge.
Motions subsequent to a sentence imposed by a pro tem judge
(including release) shall be heard by the supervising judge assigned at
the time of sentencing.
Release decisions in King County Drug Diversion Court are made with
regard to community safety considerations, failure to appear history,
and availability of appropriate treatment and housing placement.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
King County Superior Court Criminal Department Manual
Page 21 Revised June 2024
8 INTERPRETERS
8.1 STATUTORY REQUIREMENT
When available, the court shall use a certified court interpreter.
8.2 EXAMINATION OF QUALIFIED INTERPRETER
When a certified interpreter is unavailable, the court may qualify an
interpreter. The court may conduct a colloquy to determine whether
the interpreter is qualified and is familiar with the Code of Conduct for
Court Interpreters (GR 11.2), or the court may require that an
interpreter submit an Interpreter Declaration of Qualifications for this
purpose.
Certified and registered interpreters file an oath of interpreter with
AOC. Other interpreters must be sworn by the court at the beginning
of each proceeding. The Interpreter Oath shall be administered as
follows:
Spoken Language: Do you swear (affirm) that you will make a true
interpretation to the person being examined of all the proceedings in
the ______________ language, and that you will repeat the
statements of the person being examined to this court in the English
language, to the best of your skill and judgment?
Deaf / Hearing Impaired: Do you swear (affirm) that you will make a
true interpretation to the person being examined of all the proceedings
in a manner which the person understands, and that you will repeat
the statements of the person being examined to this court, to the best
of your skill and judgment?
For more information about the court’s Office of Interpreter Services,
please visit their webpage at:
http://www.kingcounty.gov/courts/SuperiorCourt/InterpSrv.aspx.
King County Superior Court Criminal Department Manual
Page 22 Revised June 2024
9 COMPETENCY EVALUATION
Upon motion of either party, or upon the court's own motion, the court
shall decide if there is reason to doubt the defendant's competency to
stand trial.
If the court finds reason to doubt the competency of a defendant, the
court shall order a competency evaluation. Alternatively, if the court
determines at the outset that the defendant is incompetent, the court
may directly commit the defendant for competency restoration.
9.1 CONTESTED DETERMINATION REGARDING COMPETENCY
Upon completion of an evaluation, the court will determine whether
defendant is competent. Should either party contest the
determination, a hearing shall be scheduled before a trial judge in Kent
or on the criminal motions calendar in Seattle.
At Seattle location, all contested competency hearings shall be set at
9:00 in E-955 to hold status hearings. Contested competency
hearings of less than three hours will be scheduled before the Criminal
Motions Judge; contested competency hearings expected to last more
than three hours will be placed on the trial calendar for assignment to
an available trial judge.
9.2 HEARING AFTER RESTORATION
A defendant who is found to be incompetent is committed for a period
of up to 90 days for restoration or 45 days for all cases in which the
highest charge is a Class C felony or a Class B felony that is not
classified as a violent offense under RCW 9.94A.030. If not restored,
he may be committed for an additional 90 days. If still not restored,
the charges shall be dismissed without prejudice, unless the court or
jury determine that the defendant is a substantial danger to other
persons or presents a substantial likelihood of committing criminal acts
jeopardizing public safety or security and there is a substantial
probability that the defendant will regain competency within a
reasonable time. If these findings are made, the court may extend the
period of commitment for an additional six months. At the end of the
six-month period, if the defendant has not been restored to
competency, the case shall be dismissed without prejudice. The court
may refer to a court-designated mental health professional for
evaluation for civil commitment.
A defendant who has been restored should be seen on the relevant
calendar within at most two court days after his return from Western
King County Superior Court Criminal Department Manual
Page 23 Revised June 2024
State Hospital. Counsel should not wait for the pre-scheduled hearing
date.
9.3 SEALING
Upon motion, the court will determine whether none, some or all of
the competency evaluation report shall be placed under seal in the
court file in accordance with relevant law.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
King County Superior Court Criminal Department Manual
Page 24 Revised June 2024
10 SERVICES AT PUBLIC
EXPENSE
In addition to assignment of counsel at public expense, other services
may be provided at public expense to indigent defendants who are
determined to be eligible.
Provisions for other services at public expense, such as expert
witnesses and investigation services, must be requested through the
King County Department of Public Defense (DPD). Such applications
may be heard ex parte.
10.1 REVIEW OF DPD DECISION
Should the request for services be denied in whole or in part for any
reason, defendant may move for review de novo before the Chief
Criminal Judge or Chief MRJC Judge, in accordance with LCrR 3.1.
Such a motion shall be in writing, and shall include a declaration of
indigency; appointment of counsel does not establish indigency per se.
The motion shall also include all documents that were presented to
DPD and a copy of DPD’s denial and documents regarding indigency.
When a case has been pre-assigned to a judge, an appeal from DPD’s
denial of services shall be directed to the Chief Criminal Judge or Chief
MRJC Judge.
Trial judges can authorize expert services during a trial up to a
maximum of $250 per individual expert. Authorization for these
services will be granted only if the urgency of the request is
demonstrated. The judge’s order authorizing expert services at public
expense must be submitted to DPD
10.2 MOTIONS TO SEAL
It shall be the responsibility of defense counsel to present a motion
and proposed order for sealing, if defense counsel is seeking to have
the order and supporting pleadings sealed. The order sealing, itself,
may not be sealed.
If no motion to seal is sought, defense shall present to DPD a motion
and proposed order for expert or other services other than counsel,
CrR 3.1(f), LCrR 3.1(f), JuCR 9.3. If the proposed order is
accompanied by a motion to seal, defense shall send the documents
first to the Chief Criminal Judge or Chief Juvenile Judge. Proposed
orders with motions to seal must be submitted by e-mail to the Chief
Criminal Judge (seacriminalmotions@kingcounty.gov) or Chief Juvenile
Bailiff unless the attorney receives specific permission from the judge
King County Superior Court Criminal Department Manual
Page 25 Revised June 2024
to submit as a hard copy. The proposed order to seal and proposed
protective order must be separate documents in the e-mailed packet.
When submitting a proposed order sealing documents, counsel must
assure that the name of the document contained in the proposed order
to seal and a proposed protective order, if any, must exactly match
the name of the document in the caption and the date submitted; the
clerk will not seal a document without an exact matching title; the
document will be filed unsealed. The motion for expert services date
is the date counsel signs and dates the motion. The date of the
proposed order to seal will have two dates: submitted date and date
OPD signs it. The submitted date for the order must be on the order to
seal. Failure to do so may result in the clerk not sealing the documents
in spite of an order to seal.
If the Chief Criminal Judge or Chief Juvenile Judge grants the proposed
order to seal, the judge will electronically sign and e-file the order to
seal and the protective order. The bailiff will send via encrypted e-
mail, a copy of the order to seal and the protective order along with all
of the attachments in the original request to DPD-
ExpertRequests@kingcounty.gov; defense counsel will be copied by
encrypted e-mail. DPD will, upon ruling on the motion for services,
send all of the documents, including the copy of the order to seal, to
DJA for procedural review and filing. If DJA detects an error, DJA may
return the document to the Chief Judge or may file the documents
unsealed.
If the Chief Criminal Judge or Chief Juvenile Judge denies the proposed
order to seal, the court will file the order denying sealing and return
the motion and a copy of the order denying sealing to defense counsel.
Defense may then submit the pleadings to DPD without a proposed
order to seal or submit an amended motion and proposed order with a
motion to seal to the Chief Judge.
10.3 RETAINED COUNSEL
When retained counsel seeks appointment of expert services at public
expense, the request to DPD shall be accompanied by the retainer
agreement between counsel and defendant or between counsel and
any party to the agreement, and a sworn declaration setting forth
defendant’s assets, income and liabilities.
Forms Available Online at
http://www.kingcounty.gov/courts/OPD/Partners/Policies.aspx:
• Request for Services at Public Expense
King County Superior Court Criminal Department Manual
Page 26 Revised June 2024
11 PRE-TRIAL TRACK: PRE-TRIAL OMNIBUS
At arraignment the court shall enter an order setting an omnibus date
pursuant to CrR 4.5. The term “pre-trial” or “pre-trial track” used
below is used to describe the class of cases where the parties are not
yet ready to declare ready for trial
11.1 CONTINUANCE OF PRE-TRIAL OMNIBUS HEARING
Prior to pre-trial omnibus hearing, the parties will consult and decide
whether the case needs to continue on the “pre-trial track” or is ready
to proceed to the “trial track.” The term “trial track” is used for the
class of cases where it appears significantly likely that the case is
going to go to trial.
Reasons to remain on the “pre-trial track” include, but are not limited
to, outstanding discovery, negotiations, gathering and presentation of
mitigation materials, etc.
The protocol for a pre-trial omnibus continuance is as follows:
New pre-trial omnibus
New trial date minus 42 days
New trial date
Agreed by the parties, but typically continued
6-8 weeks from current trial date
New expiration date
New trial date plus 30 days
The dates are based on setting the new trial date and then calculating
the new pre-trial omnibus hearing and expiration date from there.
Pre-trial omnibus hearings will be at 1:00 p.m. (Monday through
Thursdays) 6 weeks prior to the trial date, which means it will be on
the same day of the week as the trial date. The expiration date will be
set 30 days after the trial date (for most cases) per CrR 3.3(b)(5).
As long as the case has a Mon-Thurs pre-trial OH, it will be considered
to be on the “pre-trial track” and the State will not generally issue
subpoenas for its witnesses and neither side will be expected to
necessarily have met the affirmative obligations required to complete
omnibus under the rules.
11.2 DEFENDANT’S PRESENCE AT PRE-TRIAL OMNIBUS HEARINGS
For pre-trial omnibus hearings, the defendant must either appear in-
person, remotely, or through counsel. To appear through counsel,
counsel must provide a waiver signed by the Defendant or counsel
must affirm that the Defendant prefers to appear through counsel. If a
King County Superior Court Criminal Department Manual
Page 27 Revised June 2024
Defendant appears through counsel, notices provided to counsel are
presumed to be provided to the Defendant.
If the defendant does not appear at pre-trial omnibus hearing in one of
the manners prescribed by CrR 3.4, the court will note a failure to
appear (FTA), strike the trial date, and the court will entertain a
motion for a bench warrant.
11.3 AGREED CRIMINAL ORDER E-FILING QUEUE
Agreed Omnibus, Dismissal, Bench Warrant Quash, Competency
continuances, Trial Setting Orders and other de minimus agreed orders
(e.g. agreed orders to change addresses for EHD) are the only orders
to be e-filed in the Criminal Order Queue. Parties are encouraged
to submit agreed continuance requests through the queue on
cases in which the arraignment date was held within the last
year, the case was transferred to a new attorney within the last
four months, defendant returned from warrant status within
the last 60 days or parties are simply rolling the omnibus date
but are not continuing the trial date. All orders for any particular
date must be filed no later than Noon the prior court day. If orders
are not received by this time, they will be rejected and parties are
expected to address their case on the record at the scheduled time.
Please visit https://dja-efsp.kingcounty.gov/EFiling/Logon/Logon.aspx
to sign up for an e-filing account and for contact information for e-
filing assistance.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
King County Superior Court Criminal Department Manual
Page 28 Revised June 2024
12 TRIAL TRACK: FRIDAY
OMNIBUS CALENDAR
If the parties agree that the case needs to move from the “pre-trial
track” to the “trial track” or if one party requests or the court requires
the case to be onthe “trial track,” then the next omnibus hearing will
be set to a Friday Omnibus Calendar at 8:30 a.m., at least two weeks
prior to the week of the trial date (i.e. to the Friday that is 10-13 days
prior to the trial date).
Cases on the “Trial Track” will typically have the following dates:
In custody
Out of custody
Omnibus
hearing
Friday at least two weeks
prior to week of trial date
(i.e. 10-13 days prior to trial
date)
Friday at least two weeks prior to week
of trial date (i.e. 10-13 days prior to
trial date)
Trial date
Trial date set at arraignment
or previous omnibus hearing
Trial date set at arraignment or
previous omnibus hearing
Expiration date
Arraignment date + 60
or
trial date + 30
(Depending on whether the
trial date is still the one set
at arraignment or has been
subsequently continued)
Arraignment date + 90
or
trial date + 30
(Depending on whether the trial date is
still the one set at arraignment or has
been subsequently continued)
Whether done via the agreed order queue or following a hearing, in
the case of a continuance, the dates will be based on setting the new
trial date and then calculating the new omnibus hearing and speedy
trial expiration date. Trial omnibus will be on the Friday morning at
least two weeks prior to the week of the trial date. Speedy trial
expiration will be set per CrR 3.3(b)(5).
12.1 TRIAL TRACK OMNIBUS PROCEDURE
Prior to the trial track Omnibus Hearing date, counsel shall meet,
prepare a proposed Omnibus Hearing order, identify unresolved
motions to be heard at trial, and exchange any additional discovery.
King County Superior Court Criminal Department Manual
Page 29 Revised June 2024
The parties shall propose an Omnibus Hearing Order at the Omnibus
Hearing. Counsel will certify, on the record, that the trial date will be
met and that no foreseeable issues will result in future requests for a
continuance of the trial date.
The following procedures are to be followed:
• An agreed Order on Omnibus Hearing may be entered at the
Omnibus Hearing if the parties agree that the parties have met,
all discovery, including witness interviews, is complete, the
information will not be amended, all necessary witnesses are
available for trial, and that the parties will be prepared for trial
on the assigned date.
• Motions to continue omnibus and motions to continue trial shall
be heard by the court.
• In accordance with CrR 4.7, all discovery is expected to have
been completed by the omnibus hearing.
It is the expectation of the court that the date originally set for trial
will be the trial date, absent unforeseeable circumstances.
12.2 THE JUDGE'S ROLE AT THE TRIAL TRACK OMNIBUS HEARING
At the Omnibus Hearing, the parties will inform the court of any issues
affecting the readiness of the case for trial.
If investigation is incomplete, the court may continue the Omnibus
Hearing and sign an order to keep attorneys on schedule so that the
case is prepared to begin on the assigned trial date.
12.3 THE OMNIBUS HEARING ORDER
At the conclusion of the Omnibus Hearing, an Order on Omnibus
Hearing shall be entered memorializing the agreements of counsel and
the rulings of the court.
The Omnibus Hearing Order shall be in substantially the same form as
specified in CrR 4.5(h). The order shall be signed by the court.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
King County Superior Court Criminal Department Manual
Page 30 Revised June 2024
13 DISCOVERY CONFERENCE
At the time trial is set or any time thereafter, the court may order a
discovery conference on its own motion or on request of counsel. The
conference shall be heard by the pre-assigned judge, the Assistant
Chief Criminal Judge, the Chief MRJC Judge, or a designated judge.
The defendant may attend but is not required to do so.
The purpose of the conference is to assure that discovery is proceeding
in a timely and efficient manner and to develop a schedule of
discovery events. Before the conference, counsel shall meet and
confer and be prepared to discuss all discovery necessary for the
proper resolution of the case. At the conclusion of the discovery
conference, the court shall issue an Order on Discovery Conference.
The court may order multiple discovery conferences as needed.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx:
• Order on Discovery Conference
King County Superior Court Criminal Department Manual
Page 31 Revised June 2024
14 EXPEDITED MOTIONS
CALENDAR
14.1 CALENDAR
The Expedited Motions Calendar is heard by the Chief Criminal Judge
in Seattle and the Chief MRJC Judge in Kent and is scheduled as
follows:
Location
Calendar
Day of the Week
Time
Room
Seattle
Expedited Motions
Mon – Thursday
8:30
E-1201
Seattle
Motions to Continue
Mon – Thursday
8:30
E-1201
Kent
Expedited Motions
Mon – Thursday
8:30
GA
The Expedited Motions Calendar is limited to motions for withdrawal
and substitution of counsel, motions to amend, change case
designation, proceed pro se, motions to discharge, motions for
continuance of the trial date, motion to request pre-assignment, and
some limited discovery issues.
Other motions:
Order Vacating Conviction. These motions shall be noted before the
judges to whom post sentencing motions have been assigned. The
motion is to be noted pursuant LCR 7. LCR 40(b)(6).
Restoration of Right to Possess Firearm. A petition to restore the right
to possess a firearm shall be noted before the King County Superior
Court judge to whom post-sentencing motions have been assigned if
the conviction resulting in loss of the right occurred in King County
Superior Court. If the conviction resulting in loss of the right occurred
in a court of limited jurisdiction or the Superior Court of another
county, the petitioner must file an original cause of action in King
County Superior Court and the motion shall be noted without oral
argument before the Assistant Chief Criminal Judge or the Chief
Maleng Regional Justice Center Judge pursuant to LCR 7. [For cases in
which loss of firearms resulted in a juvenile matter refer to the
Juvenile rules.] LCR 40(b)(16).
14.2 SETTING AN EXPEDITED MOTION
Seattle expedited motions are set directly with the Criminal
Department bailiff. Parties may note expedited criminal motions in
King County Superior Court Criminal Department Manual
Page 32 Revised June 2024
person although the preference is to send an e-mail to the following
address.
• Seattle: (206) 477-1361, seacriminalmotions@kingcounty.gov.
• Kent: (206) 477-2733, kentcriminalmotions@kingcounty.gov.
The following information is needed to set an expedited motion: The
strikethroughs are all in KCMS.
• The case name
• Cause number
• Prosecutor and defense attorneys' names
• The type of motion
Counsel who have a matter on the Expedited Motions Calendar and
have an 8:30 Motion in a trial court shall report first to the trial court.
Motions noted on the Expedited Calendar that are not ready to be
heard by 9:00 because all counsel and the defendant are not present
may be stricken at the discretion of the judge presiding over the
expedited motion calendar.
14.3 NOTICE
The party who schedules the motion must notify opposing counsel, CrR
8.2, CR 7(b).
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
King County Superior Court Criminal Department Manual
Page 33 Revised June 2024
15 CRIMINAL MOTIONS
15.1 CALENDAR
Criminal motions are set according to the following schedule:
Calendar
Day of the Week
Time
Location
Seattle
Monday- Thursday
1:00
Assistant Chief
Criminal
Courtroom
Kent
Friday
9:00
Rotates
15.2 SETTING A CRIMINAL MOTION
To set a motion, please use the following contact information:
• Seattle: (206) 477-1483, seacriminalmotions@kingcounty.gov.
• Kent: (206) 477-2733, kentcriminalmotions@kingcounty.gov.
Special settings can be made available for lengthy motions and to
accommodate attorneys in trial. The moving party must file a Note for
Criminal Motion and must provide notice to opposing counsel.
The following information is needed to set a criminal motion:
• The case name
• Cause number
• Prosecutor and defense attorneys’ names
• Custody status
• Trial date
• Expiration date
• The computer Control Number (CCN) if defendant is in custody
• Type and length of motion
Motion documents must be filed before a motion can be set. When
noting a hearing on the criminal motions calendar, the moving party
shall serve and file all motion documents no later than six court days
before the hearing date. Any party opposing a motion shall file and
serve the responsive materials no later than noon two court days
before the date the motion is to be heard. Any documents in strict
reply shall be filed and served no later than noon on the court day
before the hearing. Motions to shorten time should be presented to
the criminal motions judge. The moving party shall comply with LCR
7(b)(10), CrR 8.2, CR 7(b).
King County Superior Court Criminal Department Manual
Page 34 Revised June 2024
15.3 MOTIONS CALENDAR LIMITED
Motions that are brought pursuant to CrR 3.5 and CrR 3.6 and require
witness testimony are reserved to the trial judge unless otherwise
permitted by the Assistant Chief Criminal Judge or Chief MRJC Judge.
Except for expedited motions heard by the Chief Criminal Judge or
Chief MRJC Judge, all other criminal motions are heard by the
Assistant Chief Criminal Judge in Seattle or the Criminal Motions Judge
in Kent on the Criminal Motions Calendar. These include:
• Motions for discovery.
• Motions to amend (may also be heard at case-scheduling or
omnibus).
• Motions to sever or join counts or join defendants.
• Contested motions to establish the competency of the defendant
to stand trial.
• Motions for forced medication.
• Extraordinary Writs from Criminal or Infraction calendar and the
Certificates of Rehabilitation.
• Motions to compel disclosure of a confidential informant.
• Motions to dismiss (other than State’s motion to dismiss).
• Other motions referred to the calendar by the Chief Criminal.
Judge or Chief MRJC Judge.
Counsel shall not be excused from a trial in progress to attend a
motion argument. Rather, they must arrange for coverage of the
motion if they are in trial.
15.4 DEFENDANTS PRESENCE AT MOTION HEARINGS
The Court finds good cause for defendants to appear for motions to
collect fingerprint or DNA evidence, unless the parties have agreed to
the collection of said sample at an alternate time and location.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx:
King County Superior Court Criminal Department Manual
Page 35 Revised June 2024
16 GUILTY PLEAS
Except in a capital case, a guilty plea may be entered at the time of
arraignment or at any time thereafter before trial. However, if the
plea is not heard during a case scheduling or omnibus calendar, the
plea must be set by contacting the sentencing coordinator or designee.
The trial judge will hear the guilty plea after a case has been assigned
to court for trial.
At the taking of the plea, or shortly thereafter, the Criminal
Department Sentencing Coordinator(s) shall assign a date and a time
for sentencing, unless sentencing is to occur directly following entry of
a plea.
If a guilty plea is entered after the setting of the trial date, an order
striking the trial date shall be entered with the court clerk.
Once a guilty plea has been entered, any request for bail reduction or
personal recognizance release pending sentencing shall be referred to
the sentencing judge, provided that a judge not serving as a judge pro
tempore who takes a plea of guilty may make a bail or release decision
at plea.
16.1 SCHEDULING A PLEA ON THE PLEA CALENDAR
For Kent designated cases, a plea can be scheduled by e-mailing
pleacourtMRJC@kingcounty.gov
For Seattle designated cases, a plea can be scheduled by e-mailing
pleacourtseattl[email protected]
Prior to receiving a plea date, counsel must affirm that they
have reviewed plea paperwork with their client via e-mail
confirmation to the plea coordinator.
16.2 MOTIONS TO WITHDRAW GUILTY PLEA
Motions to withdraw a guilty plea shall be presented to the judge who
took the plea or to the sentencing or supervising judge if the plea
judge is not available or was a judge pro tem.
If the defendant expresses a desire to withdraw his/her plea before or
at sentencing, the sentencing court should continue the sentencing to
give defense time to file a written motion and declaration to be served
on the judge who took the guilty plea or the sentencing judge if the
plea judge is not available or was a judge pro tempore. If the plea
King County Superior Court Criminal Department Manual
Page 36 Revised June 2024
judge determines that there is an insufficient basis to withdraw the
plea, either on the pleadings or after a hearing, the judge should enter
an order denying the motion and advise the sentencing judge that the
motion was denied.
If the judge that hears the plea grants the motion to withdraw the
guilty plea, then it is the prosecutor’s responsibility to place the case
back on the pre-trial omnibus calendar and to notify defense counsel
of the next scheduled hearing date.
If the motion for withdrawal is made after judgment, it shall be
governed by CrR 7.8.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx
King County Superior Court Criminal Department Manual
Page 37 Revised June 2024
17 TRIALS
The Criminal Trial Calendar is prepared by the Criminal Department
staff. The Chief Criminal Judge or Chief MRJC Judge, in consultation
with staff, decides which cases are assigned to trial. On the court day
before trial, staff shall notify counsel by e-mail and/or telephone of the
courtroom and time the trial is to commence. Trials may also be
placed on standby status for the next court day, which means counsel
and the defendant may be notified to commence trial on one-half
hours’ notice if an earlier trial resolves.
It is presumed that the parties are ready for trial and will proceed to
trial without recesses if a party does not notify the court the day
before trial that it will be seeking a continuance or recess. Trials are
expected to proceed continuously until concluded. If the trial judge
finds that a case requires a recess longer than one day, the trial judge
shall first consult with the Chief Criminal Judge or Chief MRJC Judge
about the proposed recess.
17.1 AGREED CERTIFICATE OF TRIAL READINESS
The Criminal Department may send the parties an Agreed Certificate of
Trial Readiness for the parties to certify that they are ready for trial
and that there are no issues which need to be resolved that would
prevent trial from starting on its scheduled trial date. The Certificate
of Trial Readiness should be completed and signed by the parties, filed
with the clerk’s office and copy provided to the Criminal Department
Supervisor of the respective courthouse of the case’s designation.
Readiness should be submitted to the court no later than the close of
business one week prior to the date the case is scheduled for trial.
• Agreed Certificate of Trial Readiness Form
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx:
King County Superior Court Criminal Department Manual
Page 38 Revised June 2024
17.2 TRIAL CONTINUANCE
It is expected that trial will occur on the date set at the pre trial
omnibus hearing and confirmed at the trial track omnibus hearing
and that the defendant(s) and witnesses will be available at the
designated time.
It is the Criminal Department's goal to assign to trial as many cases as
possible each day in an effort to assure trial date certainty and reduce
the present backlog of criminal cases.
Once a trial date is confirmed, any change in the trial date will be
granted, only upon motion, by the Chief Criminal Judge or the Chief
MRJC Judge, for good cause on the basis of unforeseen circumstances.
If a case has been assigned to a courtroom for trial and the judge
believes a continuance may now be warranted, the case shall be
immediately returned to the Chief Criminal or Chief MRJC Judge for
ruling on the motion. Continuance motions are not properly heard by
the trial judge, except if authorized in an order of pre-assignment.
17.3 CASE ASSIGNED TO TRIAL
In assigning cases for trial, the court will endeavor to give priority to
cases where time will expire under the speedy trial rule, to in-custody
defendants over out-of-custody defendants, to earlier-filed cases over
later-filed cases, to cases involving interpreters, to cases where
defendant has never waived his or her right to a speedy trial, and to
cases with witness availability and other scheduling limitations.
Counsel can expect to be assigned to a judge as soon as a court and
counsel are available.
If counsel or defendant are not ready to proceed when a case is
assigned to a judge, the case shall immediately be returned to the
Chief Criminal Department for reassignment and a case that is ready
will be assigned to that court room.
Any motion to continue the trial date or motion for substitution of
counsel shall be heard by the Chief Criminal or Chief MRJC Judge.
The staff shall advise by telephone or e-mail each trial court of its
assignment for the next day, shall advise the jail of defendants who
are required to appear in court, shall advise the office of interpreter
services if an interpreter is needed, shall advise the jury room of
King County Superior Court Criminal Department Manual
Page 39 Revised June 2024
anticipated jury trials, and shall advise counsel of the courtroom and
time the trial shall commence.
17.4 CASE ON STANDBY
The Criminal Department staff closely monitors all standby cases. As
soon as an attorney clears, the standby case is immediately assigned
to a judge by the Criminal Department staff.
Should the case be placed on standby, the defendant(s) and any
necessary witnesses must be available for trial within 30 minutes or at
the time assigned by the Court.
In the event that an attorney is scheduled for trial for more than one
case, priority is given to the following cases:
• In-custody over out-of-custody defendants
• Cases with earliest arraignment date
• Co-defendant cases
• Cases with attorney, interpreter or witness availability problems
• Cases with the earliest expiration date.
When an attorney is assigned to trial, his or her other cases are put on
standby status. In the event the priority case is resolved, the case on
standby is immediately assigned to an available judge.
An attorney who has a case scheduled on the calendar and who will
complete another trial during the scheduled trial day is put on a
standby status or may be assigned to an available judge.
If the attorney does not conclude another trial and become available, a
Criminal Department staff member will prepare an order continuing
trial, stating the reason for the continuance, and present the order to
the Chief Criminal Judge or Chief MRJC Judge for signature.
The Criminal Department staff stays in contact with all assigned judges
obtaining updated information on trial status. Interested persons may
contact the Criminal Department Staff for updated information.
17.5 TRIAL CALL (Suspended as of January, 2015)
The Court will conduct a “Trial Call,” for all criminal cases scheduled to
begin trial the next court day. The Court will announce which cases
are to be assigned out for trial, and the reasons for any that are
continued. Only those defendants representing themselves will
routinely be brought to court for the Trial Call. The Court will continue
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to notify counsel of the results of the Trial Call by way of the court’s
website, but counsel may appear at the Trial Call and be heard if they
desire.
Seattle:
In Seattle, the Trial Call will take place in E-1201, immediately
following the case setting calendars on Monday through Thursday, and
immediately after the SRA calendar on Fridays.
Kent:
In Kent, the Trial Call will take place in GA, at the beginning of the
case setting calendars (approximately 1:10 p.m.) Monday through
Wednesday, and at the beginning of the SRA calendar (1:30 p.m.) on
Fridays.
17.6 MISTRIAL
Hung Jury
If the case is to be re-tried, it is the prosecutor’s responsibility to place
the case back on the calendar for new omnibus, trial and expiration
dates, and to notify defense counsel of such hearings.
During Trial
The trial judge shall contact the Chief Criminal Judge or Chief MRJC
Judge to determine how to proceed following the declaration of a
mistrial. The following may occur after a mistrial is declared during
trial:
• If there are no scheduling issues, the Chief Judge may
immediately send the trial back to the same trial judge for
retrial.
• The Chief Judge may pre-assign trial back to same trial judge.
• If it is determined that the trial will go back to the Criminal
Department for case managment, the trial judge will enter an
order sending parties immediately back to Chief Criminal or Chief
MRJC for new pre-trial hearing dates.
17.7 NEW TRIAL FOLLOWING ORDER, WITHDRAW OF PLEA, OR REMAND
Following the granting of a motion for new trial, withdraw of guilty
plea, or remand from the Court of Appeals, the prosecuting attorney
shall immediately note the matter for a hearing. The case will be
assigned for trial consistent with the above procedures.
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18 RESETTING A COURT DATE
FOR FAILURE TO
APPEAR/MOTION TO QUASH
If a defendant fails to appear for a hearing or trial, the process for
rescheduling the hearing and addressing any outstanding warrants will
depend on the hearing that was missed.
18.1 ARREST WARRANT/ARRAIGNMENT
Defendants or defense counsel must contact the Prosecuting
Attorney’s office to reschedule an arraignment.
18.2 BENCH WARRANT AT OMNIBUS OR TRIAL
Defense counsel may move to quash a warrant issued on or before the
trial date by scheduling a motion to quash the warrant before the Chief
Criminal or Chief MRJC Judge. The defendant shall be present at the
hearing or the motion shall not be considered, absent extraordinary
circumstances.
If the defendant is arrested on the bench warrant, the Prosecuting
Attorney’s office will set a hearing to set a new trial date.
18.3 BENCH WARRANT AT SENTENCING
Defense counsel must contact the sentencing judge to schedule a
motion to quash the warrant and re-set the sentencing date.
If the defendant is arrested on the bench warrant, defense counsel
may contact the sentencing court or the Sentencing Coordinator to
reschedule the hearing. The Prosecuting Attorney’s Sentencing Unit
will also notify the Sentencing Coordinator of defendants who have
been arrested on a warrant issued at sentencing.
Other Forms:
• Order Quashing Bench Warrant
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19 PRE-ASSIGNED CASES
The Chief Criminal Judge and Chief MRJC Judge may pre-assign a case
to a judge for pretrial management and/or for trial, on motion by a
party (written motion and declaration) or on the court’s own motion.
Once a case is pre-assigned, all pre-trial management is handled by
the assigned judge including discovery conferences, the omnibus
hearing, and all pre-trial motions, except that motions to continue trial
are reserved to the Chief Criminal Judge and Chief MRJC Judge, unless
otherwise agreed.
If a motion to continue trial date or withdraw and substitute counsel is
granted by the pre-assigned judge, the bailiff shall notify the Criminal
Department staff.
Other Forms:
• Order of Pre-assignment
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20 SENTENCING
If a defendant pleads guilty in the plea court, at omnibus or at case
scheduling, the case shall be assigned a sentencing judge by the
Criminal Department Sentencing Coordinator(s). It is expected that
sentencing will be completed at the time of plea for the following case
types:
• VUCSA
• Attempt to Elude
• VUFA
• Failure to Register as a Sex Offender
• Escape
• Bail Jumping
• Other cases by agreement of the parties if the victim can be
given appropriate notice.
Sentencings in other case types generally will be set within two (2)
weeks of plea or finding of guilt.
Sentencings may be set more than two (2) but not more than four (4)
weeks after plea or finding of guilt if:
• Statutory notice must be given to a victim
• The court has ordered a Pre-Sentencing Investigation Report
• Defendant requires additional time to complete an evaluation for
Residential DOSA, FOSA, or for a SSOSA
• Either party requires additional time to prepare a request and
proposed findings of fact and conclusions of law for an
exceptional sentence.
Longer continuances of sentencing may be granted only by the
assigned sentencing judge, the Chief Criminal Judge, or the Chief
MRJC Judge.
Sentencing hearings are set by the Sentencing Coordinators for Friday
afternoons at three times: 1:00, 1:45, and 2:45 p.m. An average of
four sentencing hearings are set in each time slot. Sentencings may
be scheduled for an upcoming Friday but no later than the immediately
preceding Wednesday. However, credit for time served (CFTS) agreed
recommendation pleas that occur as late as Wednesday afternoon may
be scheduled that Friday for sentencing so long as there is judicial
availability
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A defendant who pleads guilty in the courtroom after the matter is
assigned for trial, or who is found guilty by either judge or jury, shall
be sentenced by the trial judge. Sentencings for cases in which the
defendant pled guilty after assignment for trial or who is found guilty
by either judge or jury may be held at 8:30 a.m., 1:00 p.m., or 4:00
p.m. as determined by the trial judge and counsel.
When a sentencing is continued, the assigned judge will keep the case.
The sentencing should be continued to that judge’s next scheduled
Friday afternoon sentencing calendar or to an 8:30 a.m., 1:00 p.m., or
4:00 p.m. setting. Avoid continuing sentencings of in-custody
defendants to Friday afternoons when your department does not have
a sentencing calendar, as DAJD Court Detail will have difficulty
delivering the defendant.
NOTE: Once a defendant is sentenced on a case, that case remains with the
sentencing department or department of assignment if it comes from the
plea calendar (even if a judge retires and a new one takes over) for any
matters requiring judicial review, except those noted on the SRA calendar.
Unlike civil cases, criminal cases remain with the judge/department, even
when they rotate to another courthouse. However, if the judge rotates to
Juvenile Court or ITA Court, the case may have a temporary reassignment
for the purposes of a hearing.
20.1 SENTENCING AUTHORIZATION FOR JUDGES PRO TEMPORE
The following criteria were adopted by the Executive Committee of
King County Superior Court on December 4, 2007.
1. Judges pro tem may sentence on misdemeanors, excluding
domestic violence and sex offenses.
*Please note: Misdemeanor failure to register is not a sex
offense.
2. Judges pro tem may sentence on VUCSA cases, whether
felony or misdemeanor, unless there is a request for either a
prison based or residential DOSA.
3. Judges pro tem may sign an order for a DOSA evaluation but
shall not impose a DOSA. If there is a request for a DOSA, or if
the judge pro tem, after reviewing the case, believes a DOSA
would be appropriate, the matter shall be placed on the calendar
of an elected judge.
4. Both parties must agree for the judge pro tem to sentence
even if they have agreed that the judge pro tem can take the
plea.
5. If a judge pro tem takes a plea, but the case is not to be
sentenced on the day that the plea is taken, the matter shall be
assigned to an elected judge for sentencing.
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6. If a judge pro tem imposes sentence, a supervision judge
shall be appointed.
7. A judge pro tem has the discretion to decline to impose
sentence, even when authorized by this policy, if the judge pro
tem believes the case presents issues more appropriately
addressed by the judge who will be supervising the case. In such
a situation, the judge pro tem shall direct that the matter be
scheduled on the sentencing calendar of an elected judge.
8. A judge pro tem cannot order release pending sentence, even
if agreed. The issue shall be referred to the sentencing judge, or
if the sentencing judge is unavailable, to the Chief Criminal
Judge (Seattle) or Chief MRJC Judge (Kent).
9. The Chief MRJC Judge and the Chief Criminal Judge may
expand this sentencing authority for specific cases.
10. Due to continuing issues impacting court operations because
of the COVID pandemic, and the need to have pro tem judges
assist with plea and sentencing calendars the Court, pursuant to
King County Criminal Manual section 20.1(9) hereby expands
sentencing authority of such pro tem judges in paragraphs 1 & 2
of this policy thru December 2024. Pro tem judges may sentence
cases that are for class C felony matters except for any sex
offenses or Domestic Violence offenses or attempt crimes for B
class violent felonies. Pro Tem Judges may sentence in
misdemeanor domestic violence cases
Pro tem judges may also sentence the following B class felonies
if the recommendations are agreed: Failure to Register, all Theft
crimes except Theft of a Firearm, and all Burglary crimes
including Residential Burglary.
After a plea or trial conviction, a judge pro tem may order
release pending sentencing on misdemeanor
cases, including domestic violence cases. This authorization is
valid through December 2024.
11. Criminal commissioners shall have the authority to conduct
re-sentencing hearings and vacate convictions related to State v.
Blake. If the sentencing judge remains on the bench, that judge
may give permission for the re-sentencing hearing to be
considered by the criminal commissioner. If the sentencing judge
is no longer on the bench, the re-sentencing hearing shall be
heard by the criminal commissioner.
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The exception to the above rule is if the sentencing
recommendation is not agreed, or the case is that of a serious
violent felony, violent felony, domestic violence felony, or sex
case. These re-sentencings shall be heard by the judicial
department that presided over the original sentencing (either the
original sentencing judge or the judge now presiding in that
department) and may not be delegated to the criminal
commissioner.
20.2 POST TRIAL/PLEA RELEASE
Once a defendant has been found guilty, all other matters, including
bail or release, shall be heard by the sentencing judge, provided that a
judge not serving as judge pro tempore who takes a plea of guilty may
make a bail or release decision at plea.
A criminal commissioner, employed by the court, may, but need not,
enter fully agreed orders of release pending sentencing immediately
following a guilty plea. This does not include a prosecutor’s position of
“no objection” or “defer to the court,” nor can there be any disputes
about conditions of release. If the commissioner denies an agreed
order of release defendant may follow the statutory revision
procedure.
20.3 SENTENCING CALENDARS
Sentencing calendars are held Friday afternoons between 1:00 p.m.
and 4:30 p.m.
The Sentencing Coordinators shall endeavor to assign sentencing
hearings equally among all criminal and civil department judges and
will assign each judge no more than twelve defendants for mainstream
sentencing hearings or ten for domestic violence sentencing calendars.
A judge will notify the Sentencing Coordinator of scheduled leaves
before the preparation of the annual sentencing assignment rotation
schedule.
Once a judge is assigned to a sentencing calendar, he or she will
arrange for coverage if he or she becomes unavailable, except that the
Sentencing Coordinator will find a replacement if the judge is
unexpectedly on Family or Medical Leave.
20.4 SCHEDULING SENTENCING HEARINGS
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The Sentencing Coordinator assigns a sentencing judge and a
sentencing date immediately after the defendant enters a guilty plea
or is found guilty.
The Sentencing Coordinator selects sentencing dates to meet the
timely sentencing requirements of RCW 9.94A.500 and the court’s
sentencing policies as described above.
Any change in sentencing date must first be approved by both parties
and by the assigned sentencing court. If one party is seeking a
continuance of sentencing to which the other party objects, the matter
shall be noted for a motion to continue sentencing before the assigned
judge. A copy of the Notice of Change of Sentencing Date form must
be given to the Criminal Department Sentencing Coordinator to avoid
oversetting the sentencing judge.
When a sentencing hearing is continued, it will be heard at a later date
by the judge to whom the sentencing was originally assigned.
20.5 DEPARTMENT OF CORRECTIONS PRESENTENCE REPORT
Unless specifically waived by the Court, the Court shall order the
Department of Corrections to complete a chemical dependency
screening report before imposing a sentence upon a defendant who
has been convicted of a violation of the uniform controlled substances
act under chapter 69.50 RCW, a criminal solicitation to commit such a
violation under chapter 9A.28 RCW, or any felony where the court
finds that the offender has a chemical dependency that has
contributed to his or her offense, RCW 9.94A.500.
In addition, the Court shall, at the time of plea or conviction, order the
Department of Corrections to complete a Presentence Investigation
Report (PSI) before imposing a sentence upon a defendant who has
been convicted of a felony sexual offense, RCW 9.94A.500.
• At the time of plea, the Plea/Sentencing Coordinator prepares
the cover page of the Order for Presentence Investigation Report
(in cases for which a PSI is required by statute) and routes to
the Department of Corrections PSI unit. The original order is
routed by the Plea/Sentencing Coordinator to the assigned
sentencing court- The original will be signed by the sentencing
judge and then filed.
The Department of Corrections report and reports by the State and
defense counsel are required by King County LCrR 7.1(a) to be
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submitted to the sentencing judge at least three days prior to
sentencing.
20.6 EXCEPTIONAL SENTENCES
Counsel who move for an exceptional sentence shall follow the
following procedures:
• Give notice to the court and opposing counsel that counsel will
be presenting a motion for an exceptional sentence;
• Prepare Findings of Fact and Conclusions of Law supporting the
exceptional sentence and submit them to the sentencing judge
and opposing counsel with the pre-sentence report;
• If sentencing is anticipated to take more than 15 minutes,
reschedule the sentencing date with the sentencing court;
• Notify opposing counsel of the rescheduled time and date.
20.7 COURT COSTS
At the sentencing, the Department of Judicial Administration will
provide a computer printout of costs incurred by the case.
20.8 CREDIT FOR TIME SERVED
The Department of Adult Detention will provide a certification of jail
time and other custody credit (EHD, Enhanced CCAP) already served
by the defendant. It is preferable to indicate on the sentencing form
that DAJD shall calculate credit for time served, as the court may not
be aware at sentencing of all factors that affect the amount of credit.
20.9 INFORMATIONAL FORMS
A number of informational forms must be provided to the defendant at
sentencing, depending on the sentencing options used:
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx:
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21 SENTENCING VIOLATION
HEARINGS
Sentence violation hearings are sometimes referred to as sentence
modification or probation violation hearings.
Unless the assigned sentencing or supervising judge chooses to hear
the matter, all hearings are handled on the out of custody SRA
(Sentencing Reform Act) calendar in Seattle, or the in-custody SRA
calendars in Seattle and Kent every Friday. If the defendant denies
the allegations, the hearing will be stricken from the SRA calendar and
set before the sentencing or supervising judge. Below is a table of the
calendars:
Calendar
Day of the Week
Time
Location
Seattle SRA Calendar –
Out-of-Custody
Friday
1:00
E-1201
Seattle SRA Calendar –
In-Custody
Friday
1:00
E-1201
Kent SRA Calendar –
In-Custody
Friday
1:30
GA
Post sentencing remands of WER/EHD/CCAP are heard on the in-
custody SRA calendar unless the sentencing judge specifically requests
a hearing.
SODA (Stay out of Drug Area) violation hearings alleging a defendant’s
failure to comply with the terms of the SODA are to be heard on the
SRA calendar.
Post sentencing modification or probation violation hearings in
residential DOSA cases should ordinarily be handled by the Drug
Diversion Court Judge.
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22 MATERIAL WITNESS
WARRANT/HEARING
22.1 IN-STATE WITNESSES
Upon motion of the prosecuting attorney or defense counsel, a judge
may issue a warrant, subject to reasonable bail, for the arrest of a
material witness, CrR 4.10.
The attorney requesting the material witness warrant shall advise the
trial judge (or if pre-trial, the Chief Criminal Judge or Chief MRJC
Judge) as soon as the witness is taken into custody. The judge shall
hold a hearing no later than one judicial day after the witness is
arrested and present in the county from which the warrant is issued,
CrR 4.10(b).
If the witness is indigent, counsel shall be appointed for the hearing.
The court will notify the Department of Public Defense (DPD) when a
material witness warrant is signed so that initial screening for conflicts
can be completed by DPD. The Prosecuting Attorney shall contact DPD
upon arrest to assure that the witness is represented. Counsel will not
be appointed until after DPD has been notified that the witness has
been taken into custody.
Upon determination that the testimony of the witness is material and
that one of the three conditions in CrR 4.10(a) exists, the judge shall
set conditions for the witness to be released in accordance with CrR
3.2.
The judge may hold the witness if the testimony cannot be secured
adequately by deposition and if further detention is necessary to
prevent a failure of justice.
22.2 OUT-OF-STATE WITNESSES
Requests for a certificate requesting an out-of-state material witness
to attend a trial or hearing in this state will be made to the trial judge
(of if at pre-trial, the Chief Criminal Judge or Chief MRJC Judge),
consistent with RCW 10.55.060.
The certificate requesting an out-of-state witness to attend a trial in
Washington State shall be presented to the court in the county in
which the witness is found.
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It shall state the facts upon which the certificate is based and specify
the number of days the witness will be required to attend.
An out-of-state witness who has appeared in this state shall not be
required to remain longer than the period mentioned in the certificate
unless otherwise ordered by the Court.
The issuance of such a certificate is not mandatory upon the receiving
court. Granting or denying such a certificate is largely discretionary
with the out-of-state court.
The person requesting court assistance in procuring witnesses has the
burden of establishing to the satisfaction of the court that the witness
is material. The mere assertion that the witness is material is
insufficient.
If the witness fails, without good cause, to attend and testify at the
hearing or trial, the witness may be punished by the Court for violation
of the summons.
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23 PRO SE DEFENDANT
A defendant charged with a crime has a federal and state
constitutional right to represent himself. The court must engage in a
detailed colloquy with any defendant who requests pro se
representation. The Criminal Benchbook contains a proposed colloquy.
The trial court must make oral findings that the defendant’s decision is
a knowing, intelligent, and voluntary waiver of his right to counsel.
The court must also make findings if the court denies the request for
pro se representation.
The defendant must be competent; i.e., must understand the charges,
the proceedings, and be able to assist his lawyer. There is no
requirement that the defendant’s decision be wise and the court may
not deny the request simply because the court believes the defendant
will do a poor job of self-representation.
The court may deny the request of a competent defendant only in very
limited circumstances, for example if the defendant has demonstrated
that he will disrupt trial proceedings, or if he is making the request on
the eve of trial, or if he has repeatedly changed his mind about self-
representation.
Pro se defendants shall receive a copy of the Criminal Department
Manual.
Other Forms:
• Notice of Appearance Pro Se
• Pro Se Packet
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24 RALJ
Appeals of District Court and Municipal Court criminal convictions are
governed by RALJ (Rules of Appeal from Courts of Limited
Jurisdiction). Appeals from Municipal Courts are filed in the Seattle or
Kent case designation area according to the location of the originating
court. All appeals from District Courts are filed in Seattle.
At filing, the Clerk issues a case schedule that governs all case events
from filing through hearing. Criminal RALJ judge re-assignments after
initial filing shall be made by the Seattle Chief Criminal Judge for
Seattle appeals or the MRJC Chief Judge for Kent appeals.
Forms Available Online at
www.kingcounty.gov/courts/scforms/criminal.aspx:
• Motion to Amend Case Schedule
• Stipulation Re: Briefing Dates in RALJ Appeal
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25 SCHOOL NOTIFICATION
REQUIREMENT
Pursuant to RCW 13.04.155, whenever a minor enrolled in any
common school is convicted in adult criminal court, or adjudicated or
entered into a diversion agreement with the juvenile court on any of
the following offenses, the court be responsible for ensuring the
principal of the student's school is notified of the disposition of the
case, after first notifying the parent or legal guardian that such
notification will be made:
(a) A violent offense as defined in RCW 9.94A.030;
(b) A sex offense as defined in RCW 9.94A.030;
(c) Inhaling toxic fumes under chapter 9.47A RCW;
(d) A controlled substances violation under chapter 69.50 RCW;
(e) A liquor violation under RCW 66.44.270; and
(f) Any crime under chapters 9.41, 9A.36, 9A.40, 9A.46, and 9A.48
RCW.
Upon conviction of a juvenile in adult criminal court (at both KCMS and
MRJC locations) for charges listed in RCW 13.04.155, the Criminal
Department Manager, or delegate will immediately notify the King
County Juvenile Court contact via e-mail to ensure school notification
is provided. King County Juvenile Court has a well-established
protocol for ensuring notification is provided.
