Opinion
July 5, 2005
[By an order dated June 2, 2005, the Supreme Court amended RAP 15.2 — Form 12, effective July 5, 2005.
[By orders dated June 2, 2005, the Supreme Court made the following changes to the Rules of Court, effective September 1, 2005:
Adoptions of rules are: GR 11.1; APR 3(e); ELC 3.4(1); and RALJ 7.3 and 8.4.
Amendments are: GR 11.2 and 11.3; APR 1(c), 2(a)(1), and 13; RAP 3.4; CR 1, 5, 11, 15(a), 27(a)(4), 28(a), 30(b)(5), 50, 52(b), 59, and 62(a); CrR 4.7(h)(3); CRLJ 1, 5, 11, 15(a), 26, 50, and 59; and CrRLJ 3.2(o) and (r)-(u), and 4.7(g)(3).
Additions and deletions are indicated by underlining and lining out respectively, except where the entire rule is new.]
GR 11 COURT INTERPRETERS
The use of qualified interpreters is authorized in judicial proceedings involving hearing impaired or non-English speaking individuals.
GR 11.1 [New Rule] PURPOSE AND SCOPE OF INTERPRETER COMMISSION
(a) Purpose and Scope. This rule establishes the Interpreter Commission ("Commission") and prescribes the conditions of its activities. This rule does not modify or duplicate the statutory process directing the Court Certified Interpreter Program as it is administered by the Administrative Office of the Courts (AOC) (chapter 2.43 RCW). The Interpreter Commission will develop policies for the Interpreter Program and the Program Policy Manual, published on the Washington Court's website at www.courts.wa.gov, which shall constitute the official version of policies governing the Court Certified Interpreter Program.
(b) Jurisdiction and Powers. All certified court interpreters who are certified in the state of Washington by AOC are subject to rules and regulations specified in the Interpreter Program Manual. The Commission shall establish three committees to fulfill ongoing functions related to issues, discipline, and judicial/court administration education. Each committee shall consist of three Commission members and one member shall be identified as the chair.
(1) The Issues Committee is assigned issues, complaints, and/or requests from interpreters for review and response. If the situation cannot be resolved at the Issues Committee level, the matter will be submitted by written referral to the Disciplinary Committee.
(2) The Disciplinary Committee has the authority to decertify and deny certification of interpreters based on the disciplinary procedures for: (a) violations of continuing education/court hour requirements, (b) failure to comply with Interpreter Code of Conduct (GR 11.2) or professional standards, or (3) violations of law that may interfere with their duties as a certified court interpreter. The Disciplinary Committee will decide on appeal any issues submitted by the Issues Committee.
(3) The Judicial and Court Administration Education Committee shall provide ongoing opportunities for training and resources to judicial officers and court administrators related to court interpretation improvement.
(c) Establishment. The Supreme Court shall appoint members to the Interpreter Commission. The Supreme Court shall designate the chair of the Commission. The Commission shall include representatives from the following areas of expertise: judicial officers from the appellate and each trial court level (3), interpreter (2), court administrator (1), attorney (1), public member (2), representative from ethnic organization (1), and AOC representative (1). The term for a member of the Commission shall be three years. Members are eligible to serve a subsequent 3 year term. The Commission shall consist of eleven members. Members shall only serve on one committee and committees may be supplemented by ad hoc professionals as designated by the chair. Ad hoc members may not serve as the chair of a committee.
(d) Regulations. Policies outlining rules and regulations directing the interpreter program are specified in the Interpreter Program Manual. The Commission, through the Issues Committee and Disciplinary Committee, shall enforce the policies of the interpreter program. Interpreter program policies may be modified at any time by the Commission and AOC.
(e) Existing Law Unchanged. This rule shall not expand, narrow, or otherwise affect existing law, including but not limited to chapter 2.43 RCW.
(f) Meetings. The Commission shall hold meetings as determined necessary by the chair. Meetings of the Commission are open to the public except for executive sessions and disciplinary meetings related to action against a certified interpreter.
(g) Immunity from Liability. No cause of action against the Commission, its standing members or ad hoc members appointed by the Commission, shall accrue in favor of a certified court interpreter or any other person arising from any act taken pursuant to this rule, provided that the Commission members or ad hoc members acted in good faith. The burden of proving that the acts were not taken in good faith shall be on the party asserting it.
GR 11.1 11.2 CODE OF CONDUCT FOR COURT INTERPRETERS
PREAMBLE. All language interpreters serving in a legal proceeding, whether certified or uncertified, shall abide by the following Code of Conduct:
A language interpreter who violates any of the provisions of this code is subject to a citation for contempt, disciplinary action or any other sanction that may be imposed by law. The purpose of this Code of Conduct is to establish and maintain high standards of conduct to preserve the integrity and independence of the adjudicative system.
(a) A language interpreter, like an officer of the court, shall maintain high standards of personal and professional conduct that promote public confidence in the administration of justice.
(b) A language interpreter shall interpret or translate the material thoroughly and precisely, adding or omitting nothing, and stating as nearly as possible what has been stated in the language of the speaker, giving consideration to variations in grammar and syntax for both languages involved. A language interpreter shall use the level of communication that best conveys the meaning of the source, and shall not interject the interpreter's personal moods or attitudes.
(c) When a language interpreter has any reservation about ability to satisfy an assignment competently, the interpreter shall immediately convey that reservation to the parties and to the court. If the communication mode or language of the non-English speaking person cannot be readily interpreted, the interpreter shall notify the appointing authority or the court.
(d) No language interpreter shall render services in any matter in which the interpreter is a potential witness, associate, friend, or relative of a contending party, unless a specific exception is allowed by the appointing authority for good cause noted on the record. Neither shall the interpreter serve in any matter in which the interpreter has an interest, financial or otherwise, in the outcome. Nor shall any language interpreter serve in a matter where the interpreter has participated in the choice of counsel.
(e) Except in the interpreter's official capacity, no language interpreter shall discuss, report, or comment upon a matter in which the person serves as interpreter. Interpreters shall not disclose any communication that is privileged by law without the written consent of the parties to the communication, or pursuant to court order.
(f) A language interpreter shall report immediately to the appointing authority in the proceeding any solicitation or effort by another to induce or encourage the interpreter to violate any law, any provision of the rules which may be approved by the courts for the practice of language interpreting, or any provisions of this Code of Conduct.
(g) Language interpreters shall not give legal advice and shall refrain from the unauthorized practice of law.
GR 11.2 11.3 TELEPHONIC INTERPRETATION
(a) Interpreters may be appointed to serve by telephone for brief, nonevidentiary proceedings, including initial appearances and arraignments, when interpreters are not readily available to the court. Telephone interpretation is not authorized for evidentiary hearings.
(b) Chapter 2.43 RCW and GR 11.1 2 must be followed regarding the interpreter's qualifications and other matters.
(c) Electronic equipment used during the hearing must ensure that the non-English speaking party hears all statements made by the participants. If electronic equipment is not available for simultaneous interpreting, the hearing shall be conducted to allow consecutive interpretation of each sentence.
(d) Attorney-client consultations must be interpreted confidentially.
(e) Written documents which would normally be orally translated by the interpreter must be read aloud to allow full oral translation of the material by the interpreter. (f) An audio recording shall be made of all statements made on the record during their interpretation, and the same shall be preserved.
ELC 3.4 RELEASE OR DISCLOSURE OF OTHERWISE CONFIDENTIAL INFORMATION
(a) Disclosure of Information. [No change.]
(b) Investigative Disclosure. [No change.]
(c) Release Based upon Lawyer's Waiver. [No change.]
(d) Response to Inquiry or False or Misleading Statement. [No change.]
(e) Discretionary Release. [No change.]
(f) Statement of Concern. [No change.]
(g) Release to Judicial Officers. [No change.]
(h) Cooperation with Criminal and Disciplinary Authorities.
[No change.]
(i) Release to Lawyers' Fund for Client Protection. [No change.]
(j) Conflicts Review Officer. [No change.]
(k) Board of Governors Access. [No change.]
(l) Release to Practice of Law Board. Information obtained in an investigation relating to possible unauthorized practice of law may be released to the Practice of Law Board. Such information shall remain under the control of the Office of Disciplinary Counsel and the Practice of Law Board must treat it as confidential unless this title or the Executive Director authorizes release.
APR 1 IN GENERAL; SUPREME COURT; PREREQUISITES TO THE PRACTICE OF LAW; IMMUNITY
(a) Supreme Court. [No change.]
(b) Prerequisites to the Practice of Law. [No change.]
(c) Immunity. The Washington State Bar Association, its officers and agents (including but not limited to its staff, members of the Board of Governors, the Committee of Law Bar Examiners, the Character and Fitness Committee, the Law Clerk Committee, or any other individual acting under authority of these rules) are immune from all liability for conduct and communications occurring in the performance of their official duties relating to the examination, character and fitness qualifications, admission, and licensing of persons seeking to be admitted to the practice of law or for a limited license to practice law, provided only that the Bar Association, officer, or agent shall have acted in good faith. The burden of proving bad faith in this context shall be upon the person asserting it. The Bar Association shall provide defense to any action brought against an officer or agent of the Bar Association for actions taken in good faith under these rules and shall bear the costs of that defense and shall indemnify the officer or agent against any judgment taken therein. Communications to the Association, the Board of Governors, the Committee of Law Bar Examiners, the Character and Fitness Committee, the Law Clerk Committee, or any other individual acting under authority of these rules, are absolutely privileged, and no lawsuit may be predicated thereon.
APR 2 BOARD OF GOVERNORS
(a) Powers. In addition to any other power or authority in other rules, the Board of Governors of the Bar Association (referred to in these rules as the Board of Governors) shall have the power and authority to:
(1) Appoint a Committee of Law Bar Examiners (referred to in these rules as the Committee) from among the active members of the Bar Association for the purposes of assisting the Board of Governors in conducting the bar examination;
(2) Appoint a Law Clerk Committee from among the active members of the Bar Association for the purposes of assisting the Board of Governors in supervising the Law Clerk Program;
(3) Approve or deny applications for permission to take the bar examination, to enroll in the law clerk program, or to engage in the limited practice of law under pertinent provisions of rules 8 and 9;
(4) Investigate all aspects of an applicant's qualifications to take the bar examination, to be admitted to the practice of law, to engage in the limited practice of law under pertinent provisions of rules 8 and 9, or to enroll in the law clerk program;
(5) Recommend to the Supreme Court the admission or rejection of each applicant who has passed the bar examination or who is applying to engage in the limited practice of law under pertinent provisions of rules 8 and 9;
(6) Approve law schools for the purposes of these rules and maintain a list of such approved law schools on file with the Clerk of the Supreme Court;
(7) Prescribe, with the approval of the Supreme Court, the amount of any fees required by these rules;
(8) Prescribe the form and content of any application, certificate, or other document referred to in these rules; and
(9) Perform any other functions and take any other actions provided for in these rules, or as may be delegated by the Supreme Court, or as may be necessary and proper to carry out its duties.
(b) Written Request. [No change.]
APR 3 APPLICANTS TO TAKE THE BAR EXAMINATION
(a) Prerequisite for Admission. [No change.]
(b) Qualification for Bar Examination. [No change.]
(c) Exceptions. [No change.]
(d) Forms; Fees; Filing. [No change.]
(e) Disclosure of Records. Unless expressly authorized by the Supreme Court or by the bar applicant, bar application forms and related records, documents, and proceedings shall not be disclosed, except as necessary to conduct an investigation and hearing pursuant to rule 7.
APR 13 SIGNING OF PLEADINGS AND OTHER PAPERS; ADDRESS OF RECORD; ELECTRONIC MAIL ADDRESS; NOTICE OF CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME
(a) Signing of Pleadings and Other Papers. All pleadings and other papers signed by an attorney and filed with a court shall include the attorney's Washington State Bar Association membership number in the signature block. The law department of a municipality, county, or state, public defender organization or law firm is authorized to make an application to theAdministrative Office of the Administrator for the Courts for an office identification number. An office identification number may be assigned by the Administrative Office of the Administrator for the Courts upon a showing that it will facilitate the process of electronic notification. If an office identification number is granted, it shall appear with the attorney's Washington State Bar Association membership number in the signature block.
(b) Address of Record; Change of Address. An attorneymust advise the Washington State Bar Association of a current mailing address and telephone number. The mailing address shall be the attorney's address of record. An attorney whose office mailing address or office telephone number changes shall, within 10 days after the change, notify the Executive Director of the Washington State Bar Association, who shall forward changes weekly to the Office of the Clerk of the Supreme Court for entry into the state computer system. The notice shall be in a form acceptable to the Bar Association and,in addition to shall include (1) the attorney's full name,the notice shall contain (1) (2) the attorney's Washington State Bar Association membership number, (2) (3) the previous address and telephone number, clearly identified as such,(3) (4) the new address and telephone number, clearly identified as such, and (4) (5) the effective date of the change. The courts of this state may rely on the address information contained in the state computer system in issuing notices in pending actions.
(c) Electronic mail address. An attorney should advise the Washington State Bar Association of a current business electronic mail address if one exists. An attorney whose business electronic mail address changes should, within 10 days after the change, notify the Executive Director of the Washington State Bar Association, who shall forward changes weekly to the Office of the Clerk of the Supreme Court for entry into the state computer system. Use of electronic mail addresses for court notice, service and filing must comply with GR 30. (c) (d) Change of Name. [No change.]
(d) (e) Requirements of Local and Other Court Rules Not Affected. [No change.]
RAP 3.4 TITLE OF CASE AND DESIGNATION OF PARTIES
The title of a case in the appellate court is the same as in the trial court except that the party seeking review by appeal is called an "appellant," the party seeking review by discretionary review is called a "petitioner," and an adverse party on review is called a "respondent."
Upon motion of a party or on the court's own motion, and after notice to all interested the parties, the Supreme Court or the Court of Appeals may change the title of a case by order in said case.
RAP FORM 12. Order of Indigency
[Rule 15.2] SUPERIOR COURT OF WASHINGTON FOR [____] COUNTY [Name of plaintiff],) Plaintiff,) No. [trial court] v.) [Name of defendant],) ORDER OF INDIGENCY Defendant.)
[Set forth finding of indigency and state that applicable law grants review wholly or partially at public expense. For example: "The court finds that the defendant lacks sufficient funds to prosecute an appeal and applicable law grants defendant a right to review at public expense to the extent defined in this order."] The court orders as follows:
1. [Name of indigent] is entitled to counsel for review wholly at public expense.
2. [Name of appointed attorney] is appointed as counsel for review. Appointed counsel may be assisted by counsel in the same firm as appointed counsel. The appellate court shall appoint counsel for review pursuant to RAP 15.2. [If applicable: "Trial counsel must assist appointed counsel for review in preparing the record."]
3. [Name of indigent] is entitled to the following at public expense:
(a) Those portions of the verbatim report of proceedings reasonably necessary for review as follows: [Designate parts of report.]
(b) A copy of the following clerk's papers: [Designate papers by name and trial court clerk's subnumber.]
(c) Preparation of original documents to be reproduced by the clerk as provided in rule 14.3(b).
(d) Reproduction of briefs and other papers on review which are reproduced by the clerk of the appellate court.
(e) The cost of transmitting the following cumbersome exhibits: [Designate cumbersome exhibits needed for review. See rule 9.8(b).]
(f) Other items: [Designate items.]
[Date]
___________________ Signature [Name of Judge] Judge of the Superior Court
Presented by:
[Name of party and attorney for party presenting order; Washington State Bar Association membership number]
CR 1 SCOPE OF RULES
These rules govern the procedure in the superior court in all suits of a civil nature whether cognizable as cases at law or in equity with the exceptions stated in rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.