September 2003

Time-for-Trial Rules Amended
The Washington State Supreme Court adopted significant changes to the state's "time-for-trial" rules when it ordered changes to criminal rules CrR 3.3 and CrRLJ 3.3, and related rules regulating the time for arraignments and trials for criminal defendants in Washington state.
 
The changes were proposed by the 18-member Time-for-Trial Task Force, appointed by the Supreme Court in March 2002. Chaired by Seattle University Professor David Boerner, the task force included members of the judicial and legislative branches of government, as well as prosecutors, criminal defense attorneys, and representatives of crime victims.
 
"The new rules are reflective of the important work of this task force," said Supreme Court Chief Justice Gerry Alexander in announcing the changes. "Our state's time-for-trial rules will preserve citizens' constitutional right to a speedy trial, while providing additional flexibility to trial court judges in handling their congested dockets."
 
Highlights of the changes include the following:

•  Reducing the likelihood that criminal cases will need to be dismissed with prejudice.

• Providing courts with more flexibility for getting cases heard, including flexibility in addressing court congestion.

•  Clarifying the complicated provisions of these rules.

•  Improving the process for ensuring that law-enforcement agencies locate defendants and notify them of pending criminal charges.

•  Increasing accountability of the courts.

•  Providing for the collection of data that will lead to better-informed decisions on policy and resource allocation.

•  Eliminating the need for judicial expansion of the rule in appellate opinions.

The right to a speedy trial is guaranteed by the Sixth Amendment to the U.S. Constitution and Article 1, Section 22, of the Washington Constitution. Further information on the Time-for-Trial Task Force can be found online at
www.courts.wa.gov/committee/?fa=committee.home&committee_id=78.

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