Court Rules and Procedures Committee

The Court Rules and Procedures Committee studies and develops suggested amendments to designated sets of court rules on a regular cycle of review. It also responds to requests for comment from the Supreme Court on proposals developed by others. The Committee performs the rules-study function outlined in General Rule 9 and reports its recommendations to the Board of Governors.

From time to time, the Committee publicizes suggested rule changes for public comment before finalizing its recommendations. Members of the bar, bench, and public are encouraged to review these proposals and send comments to the Committee.

Meetings are held in the WSBA Conference Center in Seattle. Meeting agendas are ordinarily circulated about a week before the meeting.

Please send any suggestions for rule changes in compliance with General Rule 9 to the Supreme Court of Washington, Temple of Justice, P.O. Box 40929, Olympia, WA 98504-0929, or e-mail Camilla Faulk at Camilla.Faulk@courts.wa.gov (with a copy to Court Rules and Procedures Committee, Washington State Bar Association, 1325 Fourth Ave., Ste. 600, Seattle WA 98101, or e-mail here).

 Agendas and Meeting Materials

• October 19, 2009, Agenda and Meeting Materials

Meeting Minutes

Note: To be as timely as possible, the most recent minutes are usually posted on the website after review by the Committee Chairperson, but without being formally approved by the full Committee. The minutes may also reflect recommended actions that have not yet been approved by the Board of Governors or submitted to the Supreme Court of Washington.  Please send any comments on matters covered by the minutes to WSBACourtRules@wsba.org.

• October 20, 2008 Meeting Minutes
• November 17, 2008 Meeting Minutes
• January 12, 2009 Meeting Minutes
• February 9, 2009 Meeting Minutes
• May 18, 2009 Meeting Minutes
• June 15, 2009 Meeting Minutes

Committee News and Activities

In 2008–2009, the WSBA Court Rules and Procedures Committee reviewed the Rules of Appellate Procedure (RAP) and the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ).

The Supreme Court has established the following review cycle:

• The Criminal Rules for Superior Courts (CrR) and the Criminal Rules for Courts of Limited Jurisdiction (CrRLJ) are scheduled for review in 2009–2010.
• The Evidence Rules (ER) and Infraction Rules for Courts of Limited Jurisdiction (IRCLJ) are scheduled for review in 2010–2011.
• The Civil Rules (CR), the Mandatory Arbitration Rules (MAR), and the Civil Rules for Courts of Limited Jurisdiction (CRLJ) are scheduled for review in 2011–2012.
• The Rules of Appellate Procedure (RAP) and the Rules for Appeal from Decisions of Courts of Limited Jurisdiction (RALJ) are scheduled for review in 2012–2013.

Electronic (ESI) Discovery Subcommittee

The ESI Discovery Subcommittee continued its work during the 2008–2009 term,  and is submitting proposals to amend CR 26, CR 33, CR 34, CR 37, and CR 45, and to adopt a new ER 502, to the Board of Governors at the July 24 BOG meeting in Tulalip.  The committee's materials will be included in the BOG book, posted electronically in the Board of Governors section of the WSBA website.

Please send any comments on the proposed changes to ESI Discovery Subcommittee Chair Todd Nunn at todd.nunn@klgates.com.

Recently Adopted Rule Changes Proposed By the Committee

The following orders relate to rules suggested by the Court Rules and Procedures Committee and approved by the WSBA Board of Governors.  For information about all proposed and recently adopted rules, see the Washington Court Rules page.

On October 3, 2008, the Supreme Court adopted amendments to the following rules, effective upon publication:

• RAP 18.13A (Accelerated Review of Juvenile Dependency Disposition Orders and Orders Terminating Parental Rights) [new rule]
• RAP 18.13 (Accelerated Review of Dispositions in Juvenile Offense Proceedings) 
• RAP 13.5A (Motions for Discretionary Review of Specified Final Decisions)

The Court approved the following proposed amendments, effective upon publication, under the emergency provisions of GR 9(j)(1).  The new rules will be published, and will become effective, on August 11, 2009:

• The Judicial Information System (JIS) Committee's proposed amendment to GR 22;
• The Pattern Forms Committee's suggested amendments to CrRLJ 4.2(g) and (i) forms;
• The WSBA's proposed amendment to ELC 15.6, Regulation 106 – Contents of Lawyer Trust Account Information Form.
  

The Court approved the following amendments, to be effective September 1, 2009: 

• The WSBA's proposed amendment to APR 8, Special Admissions; MAR 4.2, Discovery; and CRLJ 45, Subpoena (complete re-write of rule, and new form.
• The Supreme Court Clerk's proposed amendment to RAP 13.4, Discretionary Review of Decision Terminating Review;
• The Court Management Council's proposed amendment to GR 18, Jury Source List.
  

The Court approved the Board for Judicial Administration's proposed amendment to BJAR 2, Composition, effective June 30, 2010.

Proposed Legal Technician Rule — On December 5, 2008, the Supreme Court ordered the proposed new APR 28 (Legal Technician and the new non-Lawyer Practice Commission Regulations) published for comment.  The comment period ended April 30, 2009.

On December 4, 2008, the Supreme Court ordered the adoption of proposed amendment to GR 23 (Rule for Certifying Professional Guardians) to be effective upon publication. 

On October 28, 2008, the Supreme Court ordered substantial amendments submitted by the Trust Account Responsibilities & Retainers Task Force (TARRTF), effective upon publication on November 18, 2008:

• RPC 1.5  (Fees)
• RPC 1.15A(c) (Safeguarding Property) 

ELC 2.7, Conflicts Review Officer:  The WSBA proposed an amendment to modify the Conflicts Review Officer position to a panel of three and to clarify the CRO's duties and procedures. This amendment will be published for comment on August 11, 2009, on expedited review, with a comment period to expire 60 days from publication.

On April 2, 2009, the Supreme Court ordered the following rule and rule amendments to be published.  The comment period ended on July 4, 2009:

• APR 15 - Lawyers' Fund for Client Protection and APR 15 - Lawyers' Fund for Client Protection Rules 1 and 5; clarifying that losses must be directly related to attorney's law practice, and limiting eligibility for claims by family members and investors.
• RPC 1.15A - Safeguarding Property; ELC 15.4 - Trust Account Overdraft Notification; new ELC 15.7 - Trust Accounts and the Legal Foundation of Washington; Title 15 Caption; and ELPOC 15.4 - Trust Account Overdraft Notification (establishing comparability rules for IOLTA accounts).

On December 5, 2008, the Supreme Court ordered the following proposed amendments published for comment until April 30, 2009:

• APR 8(b) (Special Admissions)
• CrRLJ 7.3 (Judgment)
• RAP 13.4 (Discretionary Review of Decisions Terminating Review)
• GR 18 (Jury Source List)
• CrR 3.1(d) (Right to and Assignment of Lawyer)
• JuCR 9.2(d) (Additional Right to Representation By Lawyer)
• CrRLJ 3.1(d) (Right to and Assignment of Lawyer)

On October 28, 2008, the Supreme Court ordered substantial amendments submitted by the Trust Account Responsibilities and Retainers Task Force (TARRTF) to be effective upon publication on November 18, 2008:

• RPC 1.5  (Fees)
• RPC 1.15A(c) (Safeguarding Property) 

 RPCs and Related Rules

On October 28, 2008, the Supreme Court ordered substantial amendments submitted by the Trust Account Responsibilities and Retainers Task Force (TARRTF) to be effective upon publication on November 18, 2008:

• RPC 1.5 (Fees)
• RPC 1.15A(c) (Safeguarding Property) 

For more information about all proposed and recently adopted rules, see the Washington Court Rules page.