LOCAL COURT RULES PUBILSHED FOR COMMENT
Pursuant to Washington State Supreme Court Rule GR 7, local courts adopting or amending court rules must provide a 30 day comment period. Please see the Airway Heights Municipal Court Local Rules at the link below.
The above link contains the complete set of AWH rules. The Table of Rules indicates which rules are new or have changes. Each rule indicating change also lists either “Amended September 1, 2021” or “Effective September 1, 2021” in brackets below the rule.
Comments must be sent to:
KDorman@cawh.org via email, or
mailed to: Kati Dorman, Court Administrator, 1208 S. Lundstrom St., Airway Heights, WA 99001.
All Comments must be received by 5:00 pm on June 17, 2021.
*Court rules published for comment on May 18, 2021.
May 19, 2021 Comments:
"AWHIRLJ 2.2 - This rule is in direct contradiction to IRLJ 2.2 and prohibited by IRLJ 1.3A. - Specifically IRLJ 2.2 states that infractions not filed in the court within 5 days of issuances must be dismissed with prejudice. - While IRLJ 1.3 allows for the adoption of local rules, said local rules must not be inconsistent with the IRLJ. Since IRLJ 2.2 requires a dismissal with prejudice, AWHIRLJ 2.2 is inconsistent and as such prohibited."
"AWHIRLJ 3.3 - This rule contradicts IRLJ 3.1- Specifically IRLJ 3.1(b) allows for the presentation of discovery up to the day of the hearing so long as the prosecution can offer an appropriate explanation or excuse.,- This rule allows for the prosecutor to avoid providing discovery and requires the defense to file a request for discovery and then a motion to dismiss or compel in the event the City delays in its obligation - This adds additional time to these cases in the event the City fails to provide discovery. - Additionally it adds unnecessary complexity to contested hearings. - IRLJ 3.1(b) already provides adequate procedures for discovery violations. - Specifically if discovery is not provided within 7 days of the hearing the defense must show a prejudicial effect and if discovery is not provided the day of the hearing the City must provide a valid excuse. - Adoption of this rule would allow the city to delay in providing discovery then provides them an opportunity to correct the mistake prior to a dismissal. - This unfairly benefits the City while unfairly burdening the defense. - Since this rule creates a contradiction with IRLJ 3.1(b) it is barred under IRLJ 1.3"
June 10, 2021 Comments:
Due to the length of this comment, it has been published as a PDF. To view this comment in PDF please click HERE