WSR 17-12-081
RULES OF COURT
STATE SUPREME COURT
[June 1, 2017]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO IRLJ 3.5—DECISION ON WRITTEN STATEMENT (LOCAL OPTION)
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ORDER
NO. 25700-A-1195
The District and Municipal Court Judges' Association, having recommended the adoption of the proposed amendments to IRLJ 3.5—Decision on Written Statement (Local Option), and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the amendments as shown below are adopted.
(b) That the amendments will be published in the Washington Reports and will become effective September 1, 2017.
DATED at Olympia, Washington this 1st day of June 2017.
 
 
Fairhurst, C.J.
Johnson, J.
 
Wiggins, J.
 
 
Gonzalez, J.
Owens, J.
 
Gordon McCloud, J.
Stephens, J.
 
Yu, J.
 
RULE IRLJ 3.5
DECISION ON WRITTEN STATEMENTS LOCAL RULE OPTIONS
(Local Option)
(a) Decisions on Written Statements.
(1) 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 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 examination may be held in chambers and shall not be governed by the Rules of Evidence.
(1) Factual Determination. The court shall determine whether the plaintiff has proved by a preponderance of all evidence submitted that the defendant has committed the infraction.
(2) Disposition Mitigation Hearing Procedures. A mitigation hearing based upon 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 If the court determines that the infraction has been committed, it may assess a penalty in accordance with rule 3.3.
(3) Notice to Parties Defendant. The court shall notify the parties defendant in writing of its decision whether an infraction was found to have been committed and what penalty, if including any penalty, was imposed.
(4) No Appeal Permitted. There shall be no appeal from a decision on written statements.
(b) Telephonic or Video Conference Mitigation Hearings.
(1) Local Rule Permitted. A court may adopt a local rule permitting defendants to appear at a mitigation hearing by telephone or video conference in lieu of an in-person appearance, such proceedings are open to the public Mitigation hearings based upon written statements may be held in chambers.
(2) Requirements. Such local rule shall comply with the requirements that the hearings shall be conducted on the record, the defendant be advised that the hearing is being audio recorded, and the court shall advise the defendant in writing of its decision and any penalty imposed.
Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.