State v. Hughes

Full title: State, Petitioner, v. Hughes, Respondent

Court: The Supreme Court of Washington

Date published: Jul 8, 2004

151 Wash. 2d 1039 (Wash. 2004)

151 Wn. 2d 1039

Opinion

No. 74865-9.

July 8, 2004.

Petition for review of a decision of the Court of Appeals, No. 27340-3-II, October 14, 2003, 118 Wn. App. 713.

Denied July 8, 2004.

Rules of Court

GR 23 .................................................. 1104 GR 32 [New Rule] ....................................... 1101 APR 8 .................................................. 1107 APR 11 (Regulation 103) ................................ 1101 APR 11 (Regulation 104) ................................ 1102 APR 11 (Regulation 110) ................................ 1111 ER 701 ................................................. 1114 CrR 4.2 ................................................ 1115 JuCR 7.7 ............................................... 1137 RALJ 1.1 ............................................... 1148 CRLJ 14A ............................................... 1149

ADOPTION OF AND AMENDMENTS TO RULES OF COURT

[By an order dated March 8, 2004, the Supreme Court adopted GR 32, effective March 30, 2004.

By an order dated March 8, 2004, the Supreme Court amended APR 11, Regulations 103(h) and 104(d) of the Washington State Board of Continuing Legal Education, effective March 8, 2004.

Additions and deletions are indicated by underlining and lining out respectively, except where the entire rule is new.]

GR 32 [New Rule] COURT PERFORMANCE AUDITS

Pursuant to the provision of chapter 2.56 RCW and to ensure that minimum service levels for the administration of justice are in place, the Administrative Office of the Courts (AOC) is directed to conduct performance audits of courts under the authority of the Supreme Court, in conformity with criteria and methods developed by the Board for Judicial Administration which have been approved by the Supreme Court.

APR 11 REGULATION 103 CREDITS — COMPUTATION

(a) [Unchanged.]

(b) [Unchanged.]

(c) Meals and Banquets. [Unchanged.]

(d) Teaching or Participating. [Unchanged.]

(e) Law School Courses. [Unchanged.]

(f) [Unchanged.]

(g) Pro Bono Legal Services. [Unchanged.]

(h) Law Competitions. Credit may be earned for preparing Law School students for and judging law competitions, mock trials and moot court arguments. Ethics and professionalism credit hours are not available for participation in this type of CLE activity. CLE credit hours are not available for grading written briefs or other written papers in connection with this type of CLE activity. No additional credit may be earned for preparation time. The sponsor of the CLE activity is responsible for issuing appropriate certification documenting the name of the attorney, name, date and location of the course or program and the number of CLE credit hours earned. (1) Law School Competitions: One (1) credit hour may be earned for each 60 minutes of participation in an ABA accredited law school competition provided that the law school training activity is structured to require that the "judge" provide specific performance review feedback to each student participant. The performance review must conform to a predetermined "feedback process" to be established and agreed upon by the Law School and the participating attorney through a prior-to-the-activity communication (e.g. watching a videotape, reviewing a written outline for points to be covered by the "judge", etc.). The educational elements must be structured into the competition and must be consistent with Regulation 104. (2) A maximum of six (6) CLE credit hours may be earned for participation in this type of CLE activity during any one reporting cycle.

APR 11 REGULATION 104 STANDARDS FOR APPROVAL

(a) Basis for approval of courses. [Unchanged.]

(b) Basis for approval of activities. [Unchanged.]

(c) Examples of courses or activities that may qualify for credit. [Unchanged.]

(d) The following activities will not qualify for credit:

(1) Teaching a legal subject to non-lawyers in an activity or course that would not qualify those attending for CLE credit.

(2) Programs that are primarily designed to teach attorneys how to improve market share, attract clients or increase profits will not be approved, nor will programs primarily designed to be a sales vehicle for a service or product. While a company which provides services or products to the legal community may wish to participate in or sponsor law office management seminars, those courses will be approved for credit only if there is no discussion or literature promoting that company, other than the biographical material about the speakers, or there is equal treatment in discussion and written materials of alternate vendors of the particular product or service, and the written material does not include prepared promotional literature.

(3) Writing for or on behalf of a client, or for the regular practice of law.

(4) As a reward for meritorious legal work, such as pro bono work, except as provided in Reg. 103(g).

(5) Jury duty.

(6) Programs to enhance a person's ability to present or prepare a continuing education program will not be approved.

(7) Judging or participating in law school competitions. (e) Private law firm education. [Unchanged.]

(f) Governmental Agencies. [Unchanged.]

AMENDMENTS TO RULES OF COURT

[By orders dated July 8, 2004, the Supreme Court made the following changes to the Rules of Court, effective August 3, 2004.

Amendments are: APR 11, Regulations 103(g) and 110 of the Washington State Board of Continuing Legal Education; CrR 4.2(g); and JuCR 7.7.

By orders dated July 8, 2004, the Supreme Court made the following changes to the Rules of Court, effective September 1, 2004.

Amendments are: GR 23(d) and (e); APR 8(b); ER 701; RALJ 1.1; and CRLJ 14A(b).

Additions and deletions are indicated by underlining and lining out respectively, except where the entire rule is new.]

GR 23 RULE FOR CERTIFYING PROFESSIONAL GUARDIANS

(a) — (c) [Unchanged.]

(d) Certification Requirements. Applicants, Certified Professional Guardians, and Certified Agencies shall comply with the provisions of chapters 11.88 and 11.92 RCW. In addition, individuals and agencies must meet the following requirements.

(1) Individual Certification. An individual applicant shall:

(i) Be at least 18 years of age;

(ii) Be of sound mind;

(iii) Have no felony or misdemeanor convictions involving moral turpitude;

(iv) Possess a high school diploma or equivalency (GED) and five (5) years experience working in a discipline pertinent to the provision of guardianship services, such as legal, financial, social service, or health care; or an Associate of Arts degree and three (3) years experience working in a discipline pertinent to the provision of guardianship services, such as legal, financial, social service, or health care; or a Bachelor of Arts degree and one (1) year of experience working in a discipline pertinent to the provision of guardianship services, such as legal, financial, social service, or health care; and

(v) Have completed the mandatory certification training.

(2) Agency Certification. Agencies must meet the following additional requirements:

(i) All officers and directors of the corporation must meet the qualifications of RCW 11.88.020 for guardians;

(ii) Each agency shall have at least two (2) individuals in the agency certified as professional guardians, whose residence or principal place of business is in Washington State and who are so designated in minutes or a resolution from the Board of Directors; and

(iii) Each agency shall file and maintain in every guardianship court file a current designation of each certified professional guardian with final decision-making authority for the incapacitated person or their estate.

(3) Training Program and Examination. Applicants must satisfy the Board's training program and examination requirements.

(4) Insurance Coverage. In addition to the bonding requirements of chapter 11.88 RCW, applicants must be insured or bonded at all times in such amount as may be determined by the Board and shall notify the Board immediately of cancellation of required coverage.

(5) Financial Responsibility. Applicants must provide proof of ability to respond to damages resulting from acts or omissions in the performance of services as a guardian. Proof of financial responsibility shall be in such form and in such amount as the Board may prescribe by regulation.

(6) Application and Oath. Applicants must execute and file with the Board an approved application under oath.

(7) Fees. Applicants must pay fees as the Board may require by regulation.

(8) Denial of Certification. The Board may deny certification of an individual or agency based on the following criteria:

(i) Removal as guardian by a court order where:

(ii) (a) Judgment has been entered against theprofessional guardian as a result of the performance of services as a guardian;

(iii) (b) There is a F finding by the court that theprofessional guardian is guilty of has committed malfeasance, nonfeasance, misfeasance, a felony, or crime of moral turpitude;

(iv) (ii) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;

(v) (iii) Finding by the court that the professional guardian has violated the guardian's duties to the incapacitated person or their estate; and

(vi) (iv) Pending or final professional licensing or disciplinary board actions or findings of violations.

(e) Disclosure Requirements. A Certified Professional Guardian or Certified Agency shall disclose to the Board upon application and on a continuing basis:

(i) (1) Removal as guardian by a court order where:

(ii) (a) Judgment has been entered against the professional guardian as a result of the performance of services as a guardian;

(iii) (b) There is a F finding by a court that the professional guardian is guilty of has committed malfeasance, nonfeasance, misfeasance, a felony, or crime of moral turpitude;

(iv) (2) Any adjudication of the types specified in RCW 43.43.830, and RCW 43.43.842;

(v) (3) Finding by a court that the professional guardian has violated the guardian's duties to the incapacitated person or their estate; (vi) (4) Pending or final professional licensing or disciplinary board actions or findings of violations;

(vii) (5) Residential or business moves or changes in employment; and

(viii) (6) Names of Certified Professional Guardians they employ or who leave their employ.

(f) — (m) [Unchanged.]

APR 8 SPECIAL ADMISSIONS

(a) In General. [No change.]

(b) Exception for Particular Action or Proceeding. A member in good standing of the Bar of any other state or territory of the United States or of the District of Columbia, who is a resident of and maintains a practice in such other state, territory, or District, may appear as a lawyer in the trial of any action or proceeding only (i) with the permission of the court or tribunal in which the action or proceeding is pending, and (ii) in association with an active member of the Washington State Bar Association, who shall be the lawyer of record therein, responsible for the conduct thereof, and present at all proceedings unless excused by the court or tribunal.

(1) An application to appear as such a lawyer shall be made by written motion to the court or tribunal before whom the action or proceeding is pending, in a form approved by the Board of Governors, which shall include certification by the lawyer seeking admission under this rule and the associated Washington lawyer that the requirements of this rule have been complied with. The application motion shall be heard by the court or tribunal after such notice to the Washington State Bar Association as is required in part (2) below, together with the required fees, and to adverse parties as the court or tribunal shall direct. The court or tribunal shall enter an order granting or refusing the application motion, and, if the application motion is refused, the court or tribunal shall state its reasons.

(2) The lawyer making the motion shall submit a copy of the motion to the Washington State Bar Association, accompanied by a fee in each case in an amount set by the Board of Governors with the approval of the Supreme Court. The associated Washington counsel shall be jointly responsible for payment of these fees. The Washington State Bar Association shall maintain a public record of all motions for admission pursuant to this rule. (2) (3) No member of the Bar Association shall lend his or her name for the purpose of, or in any way assist in, avoiding the effect of this rule.

(c) Exception for Indigent Representation. [Unchanged.]

(d) Exception for Educational Purposes. [Unchanged.]

(e) Exception for Emeritus Membership. [Unchanged.]

(f) Exception for House Counsel. [Unchanged.]

(g) Exception for Military Lawyers. [Unchanged.]

APR 11 REGULATION 103 CREDITS: COMPUTATION

(a) Continuing legal education credit may be obtained by attending, or teaching or participating in, continuing legal education activities which have been (1) approved by the CLE Board, (2) afforded retroactive approval by the CLE Board pursuant to APR 11 and these Regulations, or (3) conducted by an accredited sponsor, as set forth herein.

(b) Credit shall be awarded on the basis of one (1) hour for each 60 minutes actually spent by a member in attendance at an approved activity. Otherwise stated, a "credit hour" equals one (1) clock hour of actual attendance. (c) Meals and Banquets. Credit may not be denied merely because continuing legal education activities are presented at a meal or banquet.

(d) Teaching or Participating. Credit toward the continuing legal education requirement set forth in APR 11.2(a) and Regulation 102 may be earned through teaching or participating in an approved continuing legal education activity on the following basis:

(1) An active member teaching in an approved activity shall receive credit on the basis of one (1) credit for each 60 minutes actually spent by such member in attendance at and teaching in presentation of such activity. Additionally, an active member teaching in such an activity shall also be awarded further credit on the basis of one (1) credit hour for each 60 minutes actually spent in preparation time, provided that in no event shall more than 10 hours of credit be awarded for the preparation of one (1) hour or less of actual presentation.

EXAMPLES: Attorney X, an active member, gives a one (1) hour lecture presentation at a six (6) credit hour seminar presented in each of three cities. Attorney X is entitled to one (1) credit hour for each 60 minutes of actual attendance and teaching at presentation of the seminar. In addition, attorney X may be awarded up to 10 additional credits for time spent in preparation. Accordingly, Attorney X, if he attends and teaches in an entire presentation of the seminar, may claim a total of 16 credits maximum for his involvement in the three-city series of seminars.

Attorney Y, an active member, gives a two (2) hour lecture at the same seminar. Attorney Y is entitled to one (1) credit hour for each 60 minutes of actual attendance and teaching at presentation of the seminar. In addition, Attorney Y may be awarded up to 20 additional credits for time spent in preparation. Accordingly, Attorney Y, if he attends and teaches in an entire presentation of the seminar, may claim a total of 26 credits maximum for his involvement in the three-city series of seminars.

(2) An active member participating in an approved activity shall receive credit on the basis of one (1) credit hour for each 60 minutes actually spent by such member in attendance at presentation of such activity. Additionally, an active member participating in such an activity shall also be awarded further credit on the basis of one (1) hour for each 60 minutes actually spent in preparation time, provided that in no event shall more than five (5) hours of credit be awarded for such preparation time in any one such continuing legal education activity.

EXAMPLE: Attorney Z, an active member, participates in a one (1) hour panel discussion at a six (6) credit hour seminar presented in each of three cities. Attorney Z is entitled to one (1) credit hour for each 60 minutes of actual attendance at presentation of the seminar. In addition, Attorney Z may be awarded additional credits for preparation time for the panel discussion. Accordingly, Attorney Z, if he actually attends an entire presentation of the seminar, may claim a total of 11 credits maximum for his involvement in the three-city series of seminars.

(e) Law School Courses. Credit under the provisions of APR 11 shall be computed on the basis of one (1) credit for each clock hour of instructed law school class time actually attended up to a maximum of 15.00 hours per course. For example, under this formula, an active member who actually attends 30 hours of instruction in a law school course may claim a maximum of 15.00 hours of credit under APR 11, with the remaining 15.00 hours being inapplicable toward the requirement and not capable of being carried over to the next reporting period. However, an active member attending two separate courses may earn a maximum of 15.00 hours of credit per course and in such instance may carry the excess 15.00 hours of credit over to the next reporting period.

An active member taking such a course shall arrange with the instructor for verification of the active member's actual attendance at the various sessions of the course and for the reporting of such attendance to the Board.

Success on any examination given in connection with such a course is not a prerequisite to obtaining CLE credit for attendance at a course under the provisions of APR 11.

(f) An active member shall receive a maximum of one-third of the continuing legal education required under APR 11.2(a) through self-study credits or audio/videotaped instruction (defined in Regulations Section 104(b)(1)).

(g) Pro Bono Legal Services: A member may earn up to six (6) hours of credit annually by certifying that the member has fulfilled the following requirements under the auspices of a qualified legal services provider:

(1) Each attorney seeking CLE credit will have received at leat two (2) hours of education, under the auspices of a qualified legal services provider, which may consist of:

(i) not less than two (2) hours of training with live presentation(s); or

(ii) not less than two (2) hours viewing or listening individually to video or audio tapes approved by the CLE Board; or

(iii) any combination of the foregoing training; or

(iv) serving as a mentor to a participating attorney who has completed the foregoing training; and

(2) Each attorney seeking CLE credit also will have subsequently completed not less than four (4) hours of pro bono work in providing direct legal advice, representation, or other legal assistance to a low-income client(s) through a qualified legal services provider or in serving as a mentor to other participating attorney(s) who are providing suchdirect advice, representation , or assistance.

APR 11 REGULATION 110 EXEMPTIONS, WAIVERS, MODIFICATIONS

(a) As a general proposition, all active members of the Bar Association are required to comply with the provisions of APR 11. The alternative to compliance is transfer to inactive status. The CLE Board may grant extensions, waivers, or modifications of the time deadlines or education requirements specified in APR 11 and these Regulations. in cases of undue hardship, age or infirmity. Requests Applications for extensions, waivers, or modifications shall be made in writingand supported by a sworn statement in the form of an affidavit or declaration. (b) Exemptions Based on Undue Hardship , Age, Restricted Practice or Disability. Exemptions from the continuing legal education requirement, or waiver, or modification of such requirement, based upon undue hardship, age and/or restricted practice or disability should be granted only sparingly. Consequently, before the CLE Board will consider granting an application for exemption, waiver, or modification requests for exemptions or waivers based uponany of those these grounds, it must be satisfied, by appropriate and properly executed affidavit, that the individual making such request is not, or will not, be engaged in the unsupervised practice of law. the applicant must establish to the satisfaction of the CLE Board that: (1) such condition of undue hardship, age, or disability warrants granting an exemption, waiver, or modification; and (2) the applicant has not been engaged in and will not be engaged in the unsupervised practice of law during the relevant period. Such affidavit may be in the form of a sworn statement that the affiant has completely retired from the practice of law. Upon the receipt of such an affidavit, the CLE Board may, in its discretion, grant the exemption or waiver requested on the basis of the statements contained therein. Affidavits so submitted An application for exemption, waiver, or modification, including the sworn statement in support thereof, shall be filed for each reporting period and shall be retained in the files of the CLE Board.

Individuals granted an exemption , waiver, or modification from the continuing legal education requirements on the above-stated basis may continue to hold the status of active member of the Bar Association. The granting of such an exemption does not, in any way, affect or diminish the active member's duties and obligations as established by the bylaws, rules and regulations of the Bar Association or the Supreme Court. Exemptions , waivers, or modifications from the continuing legal education requirements may be revoked by the CLE Board upon a change in the facts or circumstances upon which such exemption , waiver, or modification was granted.

(c) Exemptions Based on Judicial Status. Full-time judges, magistrates, court commissioners, administrative law judges, and members of the judiciary, who are prohibited from practicing law, are exempt from the continuing legal education requirement established in APR 11. Part-time or pro tem. judges who are active members of the Bar Association, are fully subject to the requirements of APR 11. Judges who have been exempt, upon return to active membership status, are fully subject to the continuing legal education requirements during the year in which they return to practice.

(d) Exemptions Based on Legislative Status. Members of the Washington State Congressional Delegation and Members of the Washington State Legislature, otherwise subject to the continuing legal education requirements of APR 11 as active members of the Bar Association, are specifically exempted, during their terms of office and while otherwise members in good standing with the Bar Association, from the requirements of APR 11. This exemption applies only to the members of the Washington State Congressional Delegation, and to members of the Washington State Legislature, under the terms and conditions stated above. The exemption does not extend to active members of the Bar Association: (a) (1) serving in the legislature of any other state; (b) (2) serving in the administrative branch of any state government; or(c) (3) serving on the staff of any member of the Washington State Congressional Delegation or the Washington State Legislature.

(e) Active Members Living Outside the United States. Active members of the Bar Association who live or are employed outside the United States are required to comply with the continuing legal education requirements as provided for in Regulation 104(c)(6), or to transfer to inactive status until such time as compliance can be attained. [Regulation 110 amended effective May 2, 2000.] (f) Active Military Duty. Members employed by the military may be granted an exemption, waiver, or modification upon proof of undue hardship.

ER 701 OPINION TESTIMONY BY LAY WITNESSES

If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of rule 702.

Comment 701

This rule is the same as Federal Rule 701. It is essentially a rule of discretion and differs from previous law more in form than substance. The rule requires the trial judge, on the basis of the posture of the particular case, to decide whether concreteness, abstraction or a combination of both will be most effective in enabling the jury to ascertain the truth and reach a just result. In applying the rule, it should be kept in mind that its purpose is to eliminate time-consuming quibbles over objections that would not affect the outcome regardless of how they were decided. The emphasis belongs on what the witness knows and not on how he is expressing himself. 3 J. Weinstein, Evidence § 701[02] (1975).

In several recent cases the Washington Supreme Court has cited section 401 of the Model Code of Evidence as controlling the admission of a lay opinion testimony in Washington. See Church v. West, 75 Wn.2d 502, 452 P.2d 265 (1969); 5 R. Meisenholder, Wash. Prac. § 341 (1975 Supp.). Section 401 would usually yield the same result as decisional law predating it. Some examples of admissible opinion testimony are: the speed of a vehicle, the mental responsibility of another, whether another was "healthy", the value of one's own property, and the identification of a person. Meisenholder § 341 (1975 Supp.). The 2004 amendment is not intended to affect the typical examples of admissible opinion testimony cited in the preceding sentence.

Differences between existing Washington law and rule 701 are largely matters of form rather than substance. Although Model Code section 401 assumes that the witness may generally testify in terms of inference and opinion, the court may require the testimony to be stated in nonabstract detail if it finds that the witness is capable of doing so satisfactorily and that the statement by the witness of his conclusory inferences might mislead the trier of fact. Rule 701 approaches the problem in reverse. It assumes that the witness will give his testimony by stating his observations in as raw a form as practicable, but permits him to resort to inferences and opinions when this form of testimony will be helpful. Both rules give the trial court a wide latitude of discretion. As a practical matter, rule 701 is unlikely to change Washington law. See Meisenholder § 343.

The subject matter of rule 701 is analyzed in greater detail in Powell Burns, A Discussion of the New Federal Rules of Evidence, 8 Gonz. L.Rev. 1, 14-16 (1972).

CrR 4.2 PLEAS

(g) Written Statement. A written statement of the defendant in substantially the form set forth below shall be filed on a plea of guilty:

---------------------------------- | SUPERIOR COURT OF WASHINGTON | | FOR _________________ COUNTY | ----------------------------------| THE STATE OF WASHINGTON, | No. ________ Plaintiff | v. | STATEMENT OF DEFENDANT ON _____________________, | PLEA OF GUILTY TO NON-SEX | OFFENSE Defendant. | (STTDFG) -----------------------------------|---------------------------------

1. My true name is: _____________________________________.

2. My age is: _____________________________________________.

3. I went through the _____________________________________ grade.

4. I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT:

(a) I have the right to representation by a lawyer and that if I cannot afford to pay for a lawyer, one will be provided at no expense to me.

(b) I am charged with: ____________________________________ The elements are: _________________________________________ ___________________________________________________________.

5. I UNDERSTAND I HAVE THE FOLLOWING IMPORTANT RIGHTS, AND I GIVE THEM ALL UP BY PLEADING GUILTY:

(a) The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed;

(b) The right to remain silent before and during trial, and the right to refuse to testify against myself;

(c) The right at trial to hear and question the witnesses who testify against me;

(d) The right at trial to testify and to have witnesses testify for me. These witnesses can be made to appear at no expense to me;

(e) I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty;

(f) The right to appeal a finding of guilt after a trial.

6. IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT:

(a) Each crime with which I am charged carries a maximum sentence, a fine, and a STANDARD SENTENCE RANGE as follows:

^_

_ (F) Firearm, (D) other deadly weapon, (V) VUCSA in protected zone, (VH) Veh. Hom, see RCW 46.61.520, (JP) Juvenile present

------------------------------------------------------------------------------------------------------------------ | COUNT | OFFENDER | STANDARD | PLUS | TOTAL | COMMUNITY | MAXIMUM | | NO. | SCORE | RANGE ACTUAL | Enhancements | ACTUAL CONFINEMENT | CUSTODY | TERM AND | | | | CONFINEMENT | | (standard | RANGE (Only | FINE | | | | (not including | | range including | applicable for | | | | | enhancements | | enhancements) | crimes committed | | | | | | | | on or after July 1, | | | | | | | | 2000. For crimes | | | | | | | | committed prior | | | | | | | | to July 1, 2000, | | | | | | | | see paragraph | | | | | | | | 6(f).) | | |-------|-----------|------------------|--------------------|---------------------|---------------------|----------| | 1 | | | | | | | |-------|-----------|------------------|--------------------|---------------------|---------------------|----------| | 2 | | | | | | | |-------|-----------|------------------|--------------------|---------------------|---------------------|----------| | 3 | | | | | | | ------------------------------------------------------------------------------------------------------------------- (b) The standard sentence range is based on the crime charged and my criminal history. Criminal history includes prior convictions and juvenile adjudications or convictions, whether in this state, in federal court, or elsewhere.

(c) The prosecuting attorney's statement of my criminal history is attached to this agreement. Unless I have attached a different statement, I agree that the prosecuting attorney's statement is correct and complete. If I have attached my own statement, I assert that it is correct and complete. If I am convicted of any additional crimes between now and the time I am sentenced, I am obligated to tell the sentencing judge about those convictions.

(d) If I am convicted of any new crimes before sentencing, or if any additional criminal history is discovered, both the standard sentence range and the prosecuting attorney's recommendation may increase. Even so, my plea of guilty to this charge is binding on me. I cannot change my mind if additional criminal history is discovered even though the standard sentencing range and the prosecuting attorney's recommendation increase or a mandatory sentence of life imprisonment without the possibility of parole is required by law.

(e) In addition to sentencing me to confinement, the judge will order me to pay $500.00 as a victim's compensation fund assessment. If this crime resulted in injury to any person or damage to or loss of property, the judge will order me to make restitution, unless extraordinary circumstances exist which make restitution inappropriate. The amount of restitution may be up to double my gain or double the victim's loss. The judge may also order that I pay a fine, court costs, attorney fees and the costs of incarceration.

(f) For crimes committed prior to July 1, 2000: In addition to sentencing me to confinement, the judge may order me to serve up to one (1) year of community supervision if the total period of confinement ordered is not more than 12 months. If this crime is a drug offense, assault in the second degree, assault of a child in the second degree, or any crime against a person in which a specific finding was made that I or an accomplice was armed with a deadly weapon, the judge will order me to serve at least one (1) year of community placement. If this crime is a vehicular homicide, vehicular assault, or a serious violent offense, the judge will order me to serve at least two (2) years of community placement. The actual period of community placement, community custody, or community supervision may be as long as my earned early release period. During the period of community placement, community custody, or community supervision, I will be under the supervision of the Department of Corrections, and I will have restrictions and requirements placed upon me.

For crimes committed on or after July 1, 2000: In addition to sentencing me to confinement, the judge may order me to serve up to one (1) year of community custody if the total period of confinement ordered is not more than 12 months. If the crime I have been convicted of falls into one of the offense types listed in the following chart, the court will sentence me to community custody for the community custody range established for that offense type unless the judge finds substantial and compelling reasons not to do so. If the period of earned release awarded per RCW 9.94A.150 is longer, that will be the term of my community custody. If the crime I have been convicted of falls into more than one category of offense types listed in the following chart, then the community custody range will be based on the offense type that dictates the longest term of community custody.

OFFENSE TYPE COMMUNITY CUSTODY RANGE 4404 69.50 69.52 9.94A

--------------------------------------------------------------------------------------------------------- | | | |------------------------------------------------|--------------------------------------------------------| | Serious Violent Offenses | 24 to 48 months or up to the period of earned release, | | | whichever is longer. | |------------------------------------------------|--------------------------------------------------------| | Violent Offenses | 18 to 36 months or up to the period of earned release, | | | whichever is longer. | |------------------------------------------------|--------------------------------------------------------| | Crimes Against Persons as defined by RCW | 9 to 18 months or up to the period of earned release, | | 9.94A.11(2) | whichever is longer. | |------------------------------------------------|--------------------------------------------------------| | Offenses under Chapter or RCW (Not | 9 to 12 months or up to the period of earned release, | | sentenced under RCW . 120(6)) | whichever is longer. | --------------------------------------------------------------------------------------------------------- During the period of community custody I will be under the supervision of the Department of Corrections, and I will have restrictions and requirements placed upon me. My failure to comply with these conditions will render me ineligible for general assistance, RCW 74.04.005(6)(h), and may result in the Department of Corrections transferring me to a more restrictive confinement status or other sanctions.

(g) The prosecuting attorney will make the following recommendation to the judge: ____________________________________ _________________________________________________________________ _________________________________________________________________

The prosecutor will recommend as stated in the plea agreement, which is incorporated by reference.

(h) The judge does not have to follow anyone's recommendation as to sentence. The judge must impose a sentence within the standard range unless the judge finds substantial and compelling reasons not to do so. If the judge goes outside the standard range, either the state or I can appeal that sentence. If the sentence is within the standard range, no one can appeal the sentence.

(i) If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

(j) I understand that I may not possess, own, or have under my control any firearm unless my right to do so is restored by a court of record and that I must immediately surrender any concealed pistol license. RCW 9.41.040.

(k) Public assistance will be suspended during any period of imprisonment.

(i) I understand that I will be required to have a biological sample collected for purposes of DNA identification analysis. For offenses committed on or after July 1, 2002, I will be required to pay a $100 DNA collection fee.

NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS DO NOT APPLY, THEY SHOULD BE STRICKEN AND INITIALED BY THE DEFENDANT AND THE JUDGE.

[m] This offense is a most serious offense or strike as defined by RCW 9.94A.030, and if I have at least two prior convictions for most serious offenses, whether in this state, in federal court, or elsewhere, the crime for which I am charged carries a mandatory sentence of life imprisonment without the possibility of parole.

[n] The judge may sentence me as a first-time offender instead of giving a sentence within the standard range if I qualify under RCW 9.94A.030. This sentence could include as much as 90 days' confinement, and up to two (2) years community supervision if the crime was committed prior to July 1, 2000, or up to two (2) years of community custody if the crime was committed on or after July 1, 2000, plus all of the conditions described in paragraph (e). Additionally, the judge could require me to undergo treatment, to devote time to a specific occupation, and to pursue a prescribed course of study or occupational training.

[o] If this crime involves a kidnapping offense involving a minor, I will be required to register where I reside, study or work. The specific registration requirements are set forth in the "Offender Registration" Attachment.

[p] If this is a crime of domestic violence , I may be ordered to pay a domestic violence assessment of up to $100.00. and i If, I or the victim of the offense, have a minor child, the court may order me to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

[q] If this crime involves prostitution, or a drug offense associated with hypodermic needles, I will be required to undergo testing for the human immunodeficiency (HIV/AIDS) virus.

[r] The judge may sentence me under the special drug offender sentencing alternative (DOSA) if I qualify under former RCW 9.94A.120(6) (for offenses committed before July 1, 2001) or RCW 9.94A.660 (for offenses committed on or after July 1, 2001). This sentence could include a period of total confinement in a state facility for one-half of the midpoint of the standard range plus all of the conditions described in paragraph 6(e). During confinement, I will be required to undergo a comprehensive substance abuse assessment and to participate in treatment. The judge will also impose community custody of at least one-half of the midpoint of the standard range that must include appropriate substance abuse treatment, a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. Additionally, the judge could prohibit me from using alcohol or controlled substances, require me to devote time to a specific employment or training, stay out of certain areas, pay 30 dollars per month to offset the cost of monitoring and require other conditions, including affirmative conditions.

[s] If the judge finds that I have a chemical dependency that has contributed to the offense, the judge may order me to participate in rehabilitative programs or otherwise to perform affirmative conduct reasonably related to the circumstances of the crime for which I am pleading guilty.

[t] If this crime involves the manufacture, delivery, or possession with the intent to deliver methamphetamine or amphetamine, a mandatory methamphetamine clean-up fine of $3,000.00 will be assessed. RCW 69.50.401(a)(1)(ii).

[u] If this crime involves a violation of the state drug laws, my eligibility for state and federal food stamps, welfare, and education benefits will be affected. 20 U.S.C. § 1091(r) and 21 U.S.C. § 862a.

[v] If this crime involves a motor vehicle, my driver's license or privilege to drive will be suspended or revoked. If I have a driver's license, I must now surrender it to the judge.

[w] If this crime involves the offense of vehicular homicide while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, committed on or after January 1, 1999, an additional two (2) years shall be added to the presumptive sentence for vehicular homicide for each prior offense as defined in RCW 46.61.5055(8).

[x] The crime of ________________________________________ has a mandatory minimum sentence of at least _________________ years of total confinement. The law does not allow any reduction of this sentence. This mandatory minimum sentence is not the same as the mandatory sentence of life imprisonment without the possibility of parole described in paragraph 6[m].

[y] I am being sentenced for two or more serious violent offenses arising from separate and distinct criminal conduct and the sentences imposed on counts ______ and ______ will run consecutively unless the judge finds substantial and compelling reasons to do otherwise.

[z] I understand that the offense(s) I am pleading guilty to include a deadly weapon or firearm enhancement. Deadly weapon or firearm enhancements are mandatory, they must be served in total confinement, and they must run consecutively to any other sentence and to any other deadly weapon or firearm enhancements.

[aa] I understand that the offenses I am pleading guilty to include both a conviction under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and one or more convictions for the felony crimes of theft of a firearm or possession of a stolen firearm. The sentences imposed for these crimes shall be served consecutively to each other. A consecutive sentence will also be imposed for each firearm unlawfully possessed.

[bb] I understand that if I am pleading guilty to the crime of unlawful practices in obtaining assistance as defined in RCW 74.08.331, no assistance payment shall be made for at least six (6) months if this is my first conviction and for at least 12 months if this is my second or subsequent conviction. This suspension of benefits will apply even if I am not incarcerated. RCW 74.08.290.

7. I plead guilty to:

count _____________________________________________________________ count _____________________________________________________________

count __________________________________________________________________ in the ____________________________________________________ Information. I have received a copy of that Information.

8. I make this plea freely and voluntarily.

9. No one has threatened harm of any kind to me or to any other person to cause me to make this plea.

10. No person has made promises of any kind to cause me to enter this plea except as set forth in this statement.

11. The judge has asked me to state what I did in my own words that makes me guilty of this crime. This is my statement: _______ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________

Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea.

12. My lawyer has explained to me, and we have fully discussed, all of the above paragraphs and the "Offender Registration" Attachment, if applicable. I understand them all. I have been given a copy of this "Statement of Defendant on Plea of Guilty." I have no further questions to ask the judge.

________________________ Defendant

I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement.

_________________ ____________________ Prosecuting Attorney WSBA No. Defendant's Lawyer WSBA No. _________________ __________________ Print Name Print Name

The foregoing statement was signed by the defendant in open court in the presence of the defendant's lawyer and the undersigned judge. The defendant asserted that [check appropriate box]:

(a) The defendant had previously read the entire statement above and that the defendant understood it in full;

(b) The defendant's lawyer had previously read to him or her the entire statement above and that the defendant understood it in full; or

(c) An interpreter had previously read to the defendant the entire statement above and that the defendant understood it in full. The Interpreter's Declaration is attached.

I find the defendant's plea of guilty to be knowingly, intelligently and voluntarily made. Defendant understands the charges and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged.

Dated: ____________________ ________________________ Judge

INTERPRETER'S DECLARATION

I am a certified interpreter or have been found otherwise qualified by the court to interpret in the ________________________________ language, which the defendant understands, and I have translated the _____________________________ for the defendant from English into (Identify document being translated) that language.

The defendant has acknowledged his or her understanding of both the translation and the subject matter of this document. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Dated: ________________________ ____________________________ Interpreter Location: _____________________

---------------------------------- | SUPERIOR COURT OF WASHINGTON | | FOR ______________ COUNTY | ----------------------------------| THE STATE OF WASHINGTON, | No. ______ Plaintiff | v. | STATEMENT OF DEFENDANT ON _________________________, | PLEA OF GUILTY TO SEX Defendant. | OFFENSE | (STTDFG) -----------------------------------|---------------------------------

1. My true name is: __________________________________________.

2. My age is: ________________________________________________.

3. I went through the __________________________________ grade.

4. I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT:

(a) I have the right to representation by a lawyer and that if I cannot afford to pay for a lawyer, one will be provided at no expense to me.

(b) I am charged with: _______________________________________. The elements are: _______________________________________________ _________________________________________________________________

5. I UNDERSTAND I HAVE THE FOLLOWING IMPORTANT RIGHTS, AND I GIVE THEM ALL UP BY PLEADING GUILTY:

(a) The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed;

(b) The right to remain silent before and during trial, and the right to refuse to testify against myself;

(c) The right at trial to hear and question the witnesses who testify against me;

(d) The right at trial to testify and to have witnesses testify for me. These witnesses can be made to appear at no expense to me;

(e) I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty;

(f) The right to appeal a finding of guilt after a trial.

6. IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT:

(a) Each crime with which I am charged carries a maximum sentence, a fine, and a STANDARD SENTENCE RANGE as follows:

^_

_ (F) Firearm, (D) other deadly weapon

----------------------------------------------------------------------------------------------------------- | COUNT | OFFENDER | STANDARD | PLUS | TOTAL | COMMUNITY | MAXIMUM | | NO. | SCORE | RANGE ACTUAL | Enhancements | ACTUAL CONFINEMENT | CUSTODY | TERM AND | | | | CONFINEMENT | | (standard | RANGE (Only | FINE | | | | (not including | | range including | applicable for | | | | | enhancements) | | enhancements) | crimes committed | | | | | | | | on or after July 1, | | | | | | | | 2000. For crimes | | | | | | | | committed prior | | | | | | | | to July 1, 2000, | | | | | | | | see paragraph | | | | | | | | 6(f).) | | |-------|----------|----------------|-------------------|--------------------|---------------------|----------| | 1 | | | | | | | |-------|----------|----------------|-------------------|--------------------|---------------------|----------| | 2 | | | | | | | |-------|----------|----------------|-------------------|--------------------|---------------------|----------| | 3 | | | | | | | ------------------------------------------------------------------------------------------------------------- (b) The standard sentence range is based on the crime charged and my criminal history. Criminal history includes prior convictions and juvenile adjudications or convictions, whether in this state, in federal court, or elsewhere.

(c) The prosecuting attorney's statement of my criminal history is attached to this agreement. Unless I have attached a different statement, I agree that the prosecuting attorney's statement is correct and complete. If I have attached my own statement, I assert that it is correct and complete. If I am convicted of any additional crimes between now and the time I am sentenced, I am obligated to tell the sentencing judge about those convictions.

(d) If I am convicted of any new crimes before sentencing, or if any additional criminal history is discovered, both the standard sentence range and the prosecuting attorney's recommendation may increase. Even so, my plea of guilty to this charge is binding on me. I cannot change my mind if additional criminal history is discovered even though the standard sentencing range and the prosecuting attorney's recommendation increase or a mandatory sentence of life imprisonment without the possibility of parole is required by law.

(e) In addition to sentencing me to confinement, the judge will order me to pay $500.00 as a victim's compensation fund assessment. If this crime resulted in injury to any person or damage to or loss of property, the judge will order me to make restitution, unless extraordinary circumstances exist which make restitution inappropriate. The amount of restitution may be up to double my gain or double the victim's loss. The judge may also order that I pay a fine, court costs, attorney fees and the costs of incarceration.

(f) For sex offenses committed prior to July 1, 2000: In addition to sentencing me to confinement, the judge may order me to serve up to one (1) year of community supervision if the total period of confinement ordered is not more than 12 months. If the period of confinement is more than one (1) year, the judge will order me to serve three (3) years of community custody or up to the period of earned early release, whichever is longer. During the period of community custody, I will be under the supervision of the Department of Corrections, and I will have restrictions and requirements placed upon me.

For sex offenses committed on or after July 1, 2000 but prior to September 1, 2001: In addition to sentencing me to confinement, the judge may order me to serve up to one (1) year of community custody if the total period of confinement ordered is not more than 12 months. If the period of confinement is over one (1) year, the judge will sentence me to community custody for a period of 36 to 48 months or up to the period of earned release, whichever is longer. During the period of community custody to which I am sentenced, I will be under the supervision of the Department of Corrections, and I will have restrictions and requirements placed upon me.

For sex offenses committed on or after September 1, 2001:

(i) Sentencing under RCW 9.94A.712: If this offense is for any of the offenses listed in subsections (aa) or (bb), below, the judge will impose a maximum term of confinement consisting of the statutory maximum sentence of the offense and a minimum term of confinement either within the standard range for the offense or outside the standard range if an exceptional sentence is appropriate. The minimum term of confinement that is imposed may be increased by the Indeter-minate Sentence Review Board if the Board determines by a preponderance of the evidence that it is more likely than not that I will commit sex offenses if released from custody. In addition to the period of confinement, I will be sentenced to community custody for any period of time I am released from total confinement before the expiration of the maximum sentence. During the period of community custody I will be under the supervision of the Department of Corrections and I will have restrictions and requirements placed upon me and I may be required to participate in rehabilitative programs.

(aa) If the current offense is any of these offenses or attempt to commit any of these offenses:

------------------------------------------------------------------------------------------------------ | Rape in the first degree | Rape in the second degree | |-----------------------------------------------------|------------------------------------------------| | Rape of a child in the first degree committed | Rape of a child in the second degree committed | | when I was at least 18 years old. | when I was at least 18 years old. | |-----------------------------------------------------|------------------------------------------------| | Child molestation in the first degree committed | Indecent liberties by forcible compulsion | | when I was at least 18 years old. | | |-----------------------------------------------------|------------------------------------------------| | Any of the following offenses with a finding of sexual motivation: | |-----------------------------------------------------|------------------------------------------------| | Murder in the first degree | Murder in the second degree | |-----------------------------------------------------|------------------------------------------------| | Homicide by abuse | Kidnapping in the first degree | |-----------------------------------------------------|------------------------------------------------| | Kidnapping in the second degree | Assault in the first degree | |-----------------------------------------------------|------------------------------------------------| | Assault in the second degree | Assault of a child in the first degree | |-----------------------------------------------------|------------------------------------------------| | Burglary in the first degree. | | ------------------------------------------------------------------------------------------------------ (bb) If the current offense is any sex offense and I have a prior conviction for any of these offenses or attempt to commit any of these offenses: ------------------------------------------------------------------------------------------------------ | Rape in the first degree | Rape in the second degree | |-----------------------------------------------------|------------------------------------------------| | Rape of a child in the first degree | Rape of a child in the second degree | |-----------------------------------------------------|------------------------------------------------| | Child molestation in the first degree | Indecent liberties by forcible compulsion | |-----------------------------------------------------|------------------------------------------------| | Any of the following offenses with a finding of sexual motivation: | |-----------------------------------------------------|------------------------------------------------| | Murder in the first degree | Murder in the second degree | |-----------------------------------------------------|------------------------------------------------| | Homicide by abuse | Kidnapping in the first degree | |-----------------------------------------------------|------------------------------------------------| | Kidnapping in the second degree | Assault in the first degree | |-----------------------------------------------------|------------------------------------------------| | Assault in the second degree | Assault of a child in the first degree | |-----------------------------------------------------|------------------------------------------------| | Burglary in the first degree. | | ------------------------------------------------------------------------------------------------------ (ii) If this offense is for a sex offense that is not listed in paragraph 6(f)(i), then in addition to sentencing me to a term of confinement, the judge may order me to serve up to one (1) year of community custody if the total period of confinement ordered is not more than 12 months. If the period of confinement is over one (1) year, the judge will sentence me to community custody for a period of 36 to 48 months or up to the period of earned release, whichever is longer. During the period of community custody to which I am sentenced, I will be under the supervision of the Department of Corrections, and I will have restrictions and requirements placed upon me.

(g) The prosecuting attorney will make the following recommendation to the judge: _____________________________________________________ ___________________________________________________________________ ___________________________________________________________________

The prosecutor will recommend as stated in the plea agreement, which is incorporated by reference.

(h) The judge does not have to follow anyone's recommendation as to sentence. The judge must impose a sentence within the standard range unless the judge finds substantial and compelling reasons not to do so. If the judge goes outside the standard range, either the state or I can appeal that sentence. If the sentence is within the standard range, no one can appeal the sentence.

(i) If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

(j) I understand that I may not possess, own, or have under my control any firearm unless my right to do so is restored by a court of record and that I must immediately surrender any concealed pistol license. RCW 9.41.040.

(k) Public assistance will be suspended during any period of imprisonment.

[l] I will be required to register where I reside, study or work. The specific registration requirements are described in the "Offender Registration" Attachment.

[m] I will be required to have a biological sample collected for purposes of DNA identification analysis. For offenses committed on or after July 1, 2002, I will be required to pay a $100 DNA collection fee.

[n] I will be required to undergo testing for the human immunodeficiency (HIV/AIDS) virus.

NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS DO NOT APPLY, THEY SHOULD BE STRICKEN AND INITIALED BY THE DEFENDANT AND THE JUDGE.

[o] This offense is a most serious offense or strike as defined by RCW 9.94A.030, and if I have at least two prior convictions for most serious offenses, whether in this state, in federal court, or elsewhere, the offense for which I am charged carries a mandatory sentence of life imprisonment without the possibility of parole. In addition, if this offense is (1) rape in the first degree, rape of a child in the first degree, rape in the second degree, rape of a child in the second degree, indecent liberties by forcible compulsion, or child molestation in the first degree, or (2) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation, or (3) any attempt to commit any of the offenses listed in this sentence and I have at least one prior conviction for one of these listed offenses in this state, in federal court, or elsewhere, the offense for which I am charged carries a mandatory sentence of life imprisonment without the possibility of parole.

[p] Special sex offender sentencing alternative:

For offenses committed before September 1, 2001: The judge may suspend execution of the standard range term of confinement under the special sex offender sentencing alternative (SSOSA) if I qualify under former RCW 9.94A.120(8) (for offenses committed before July 1, 2001) or RCW 9.94A.670 (for offenses committed on or after July 1, 2001). If the judge suspends execution of the standard range term of confinement, I will be placed on community custody for the length of the suspended sentence or three (3) years, whichever is greater; I will be ordered to serve up to 180 days of total confinement; I will be ordered to participate in sex offender treatment; I will have restrictions and requirementsplaced upon me; and I will be subject to all of the conditions described in paragraph 6(e). Additionally, the judge could require me to devote time to a specific occupation and to pursue a prescribed course of study or occupational training. If a violation of the sentence occurs during community custody, the judge may revoke the suspended sentence.

For offenses committed on or after September 1, 2001: The judge may suspend execution of the standard range term of confinement or the minimum term of confinement under the special sex offender sentencing alternative (SSOSA) if I qualify under RCW 9.94A.670. If the judge suspends execution of the standard range term of confinement for a sex offense that is not listed in paragraph 6(f)(i), I will be placed on community custody for the length of the suspended sentence or three (3) years, whichever is greater. If the judge suspends execution of minimum term of confinement for a sex offense listed in paragraph 6(f)(i), I will be placed on community custody for the length of the statutory maximum sentence of the offense. In addition to the term of community custody, I will be ordered to serve up to 180 days of total confinement; I will be ordered to participate in sex offender treatment; I will have restrictions and requirements placed upon me; and I will be subject to all of the conditions described in paragraph 6(e). Additionally, the judge could require me to devote time to a specific occupation and to pursue a prescribed course of study or occupational training. If a violation of the sentence occurs during community custody, the judge may revoke the suspended sentence.

[q] If this is a crime of domestic violence, the court may order me to pay a domestic violence assessment of up to $100. and i If I, or the victim of the offense, have a minor child, the court may order me to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

[r] If the judge finds that I have a chemical dependency that has contributed to the offense, the judge may order me to participate in rehabilitative programs or otherwise to perform affirmative conductreasonably related to the circumstances of the crime for which I am pleading guilty.

[s] If this offense involves a motor vehicle, my driver's license or privilege to drive will be suspended or revoked. If I have a driver's license, I must now surrender it to the judge.

[t] The crime of _____________________________________ has a mandatory minimum sentence of at least ______________ years of total confinement. The law does not allow any reduction of this sentence. This mandatory minimum sentence is not the same as the mandatory sentence of life imprisonment without the possibility of parole described in paragraph 6[o].

[u] I am being sentenced for two or more serious violent offenses arising from separate and distinct criminal conduct and the sentences imposed on counts _________ and ________ will run consecutively unless the judge finds substantial and compelling reasons to do otherwise.

[v] I understand that the offense(s) I am pleading guilty to include a deadly weapon or firearm enhancement. Deadly weapon or firearm enhancements are mandatory, they must be served in total confinement, and they must run consecutively to any other sentence and to any other deadly weapon or firearm enhancements.

7. I plead guilty to:

count ___________________________________________________________________ count ___________________________________________________________________ count ___________________________________________________________________ in the __________________________________________________ Information.

I have received a copy of that Information.

8. I make this plea freely and voluntarily.

9. No one has threatened harm of any kind to me or to any other person to cause me to make this plea.

10. No person has made promises of any kind to cause me to enter this plea except as set forth in this statement.

11. The judge has asked me to state what I did in my own words that makes me guilty of this crime. This is my statement: _________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________

Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea.

12. My lawyer has explained to me, and we have fully discussed, all of the above paragraphs and the "Offender Registration" Attachment. I understand them all. I have been given a copy of this "Statement of Defendant on Plea of Guilty." I have no further questions to ask the judge.

_________________ Defendant

I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement. ________________________ ______________________ Prosecuting Attorney WSBA No. Defendant's Lawyer WSBA No.

________________________ ________________________ Print Name Print Name

The foregoing statement was signed by the defendant in open court in the presence of the defendant's lawyer and the undersigned judge. The defendant asserted that [check appropriate box]:

(a) The defendant had previously read the entire statement above and that the defendant understood it in full;

(b) The defendant's lawyer had previously read to him or her the entire statement above and that the defendant understood it in full; or

(c) An interpreter had previously read to the defendant the entire statement above and that the defendant understood it in full. The Interpreter's Declaration is attached.

I find the defendant's plea of guilty to be knowingly, intelligently and voluntarily made. Defendant understands the charges and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged.

Dated: _____________________

________________________ Judge

INTERPRETER'S DECLARATION

I am a certified interpreter or have been found otherwise qualified by the court to interpret in the _______________________________________ language, which the defendant understands, and I have translated the _____________________________________ for the defendant from English into (Identify document being translated) that language.

The defendant has acknowledged his or her understanding of both the translation and the subject matter of this document. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Dated: ______________________ _____________________ Interpreter

Location: ___________________

Case Name: __________________ Cause No.: ____________________

"OFFENDER REGISTRATION" ATTACHMENT: sex offense, or kidnapping offense involving a minor as defined in RCW 9A.44.130. (If required, attach to Statement of Defendant on Plea of Guilty.)

Because this crime involves a sex offense, or a kidnapping offense involving a minor as defined in RCW 9A.44.130, I will be required to register with the sheriff of the county of the state of Washington where I reside. If I am not a resident of Washington but I am a student in Washington or I am employed in Washington or I carry on a vocation in Washington, I must register with the sheriff of the county of my school, place of employment, or vocation. I must register immediately upon being sentenced unless I am in custody, in which case I must register at the time of my release with the person designated by the agency that has me in custody and I must also register within 24 hours of my release with the sheriff of the county of the state of Washington where I will be residing, or if not residing in the state of Washington, where I am a student, where I am employed, or where I carry on a vocation.

If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within 30 days after moving to this state or within 24 hours after doing so if I am under the jurisdiction of this state's Department of Corrections. If I leave this state following my sentencing or release from custody, but later while not a resident of Washington I become employed in Washington, carry on a vocation in Washington, or attend school in Washington, I must register within 30 days after attending school in this state or becoming employed or carrying out a vocation in this state, or within 24 hours after doing so if I am under the jurisdiction of this state's Department of Corrections.

If I change my residence within a county, I must send written notice of my change of residence to the sheriff within 72 hours of moving. If I change my residence to a new county within this state, I must send written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence, I must register with the sheriff of the new county within 24 hours of moving, and I must also give written notice of my change of address to the sheriff of the county where last registered within 10 days of moving. If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom I last registered in Washington State.

If I move to another state, or if I work, carry on a vocation, or attend school in another state I must register a new address, fingerprints, and photograph with the new state within 10 days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. I must also send written notice within 10 days of moving to the new state or to a foreign country to the county sheriff with whom I last registered in Washington State.

If I am a resident of Washington and I am admitted to a public or private institution of higher education, I shall, within 10 days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff of the county of my residence of my intent to attend the institution.If I become employed at a public or private institution of higher education, I am required to notify the sheriff for the county of my residence of my employment by the institution within 10 days of accepting employment or by the first business day after beginning to work at the institution, whichever is earlier. If my enrollment or employment at a public or private institution of higher education is terminated, I am required to notify the sheriff for the county of my residence of my termination of enrollment or employment within 10 days of such termination.

If I lack a fixed residence, I am required to register. Registration must occur within 24 hours of release in the county where I am being supervised if I do not have a residence at the time of my release from custody or within 48 hours, excluding weekends and holidays, after ceasing to have a fixed residence. If I enter a different county and stay there for more than 24 hours, I will be required to register in the new county. I must also report in person to the sheriff of the county where I am registered on a weekly basis. The weekly report will be on a day specified by the county sheriff's office, and shall occur during normal business hours. I am required to provide a list of the locations where I have stayed during the last seven (7) days. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level and shall make me subject to disclosure to the public at large pursuant to RCW 4.24.550.

If I apply for a name change, I must submit a copy of the application to the county sheriff of the county of my residence and to the state patrol not fewer than five (5) days before the entry of an order granting the name change. If I receive an order changing my name, I must submit a copy of the order to the county sheriff of the county of my residence and to the state patrol within five (5) days of the entry of the order. RCW 9A.44.130(7).

Date: ____________________ _____________________ Defendant's signature

JuCR 7.7 STATEMENT OF JUVENILE ON PLEA OF GUILTY

A written statement of a juvenile on a plea of guilty shall be filed in substantially the following form:

--------------------------------- | Superior Court of Washington | | County of _______________________| | Juvenile Court | ----------------------------------| | STATE OF WASHINGTON | No. __________ v. | | STATEMENT ON PLEA OF GUILTY | (STJOPG) Respondent | -----------------------------------|-----------------------------------

1. My true name is: ___________________________________________ I am also known as: _____________________________________________

2. My age is ________________. Date of Birth: ________________.

3. I have been informed and fully understand that I have the right to a lawyer, and that if I cannot afford to pay for a lawyer, the judge will provide me with one at no cost. I understand that a lawyer can look at the social and legal files in my case, talk to the police, probation counselor and prosecuting attorney, tell me about the law, help me understand my rights, and help me at trial.

4. I understand that I am charged with Count 1 ________________ ________________________________________________________________, the elements of which are _______________________________________ _________________________________________________________________ ________________________________________________________________;

Count 2 ______________________________________________________, the elements of which are _________________________________________________________________ _________________________________________________________________ ________________________________________________________________.

And I have been given a copy of the charge(s).

5. I UNDERSTAND I HAVE THE FOLLOWING IMPORTANT RIGHTS, AND I GIVE THEM ALL UP BY PLEADING GUILTY:

a. I have the right to a speedy and public trial in the county where the offense(s) allegedly occurred.

b. I have the right to remain silent before and during trial, and I need not testify against myself.

c. I have the right to hear and question witnesses who might testify against me.

d. I have the right to testify and to have witnesses testify for me. These witnesses may be required to appear at no cost to me.

e. I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty.

f. I have the right to appeal a finding of guilt after trial.

6. I have been informed that in order to determine an appropriate sentence regarding the charges to which I plead guilty in this matter, the judge will take into consideration my criminal history, which is as follows:

a. ___________________________________________________

b. ___________________________________________________

c. ___________________________________________________

d. ___________________________________________________

e. ___________________________________________________

f. ___________________________________________________

7. The Standard Sentencing Range, which was calculated using my criminal history as referenced in Paragraph 6, above, is as follows:

LOCAL SANCTIONS: COUNT SUPERVISION COMMUNITY FINE DETENTION CVC RESTITUTION RESTITUTION 1 0 to 12 months 0 to 150 hours $0 to $500 0 to 30 Days $75/$100 As required ____ 2 0 to 12 months 0 to 150 hours $0 to $500 0 to 30 Days $75/$100 As required ____ 3 0 to 12 months 0 to 150 hours $0 to $500 0 to 30 Days $75/$100 As required ____ I understand that, if community supervision is imposed, I will be required to comply with various rules, which could include school attendance, curfew, law abiding behavior, associational restrictions, counseling, treatment, urinalysis, and/or other conditions deemed appropriate by the judge. Failure to comply with the conditions of supervision could result in a violation being found and further confinement imposed for the violation up to 30 days. JUVENILE REHABILITATION ADMINISTRATION (JRA) COMMITMENT: COUNT WEEKS AT JUVENILE REHABILITATION ADMINISTRATION CVC RESTITUTION (JRA) FACILITY 1 15 — 36 30 — 40 52 — 65 80 — 100 103 — 129 180 — Age 21 $75/$100 As required ____ 2 15 — 36 30 — 40 52 — 65 80 — 100 103 — 129 180 — Age 21 $75/$100 As required ____ 3 15 — 36 30 — 40 52 — 65 80 — 100 103 — 129 180 — Age 21 $75/$100 As required ____ I understand that, if I am committed to a Juvenile Rehabilitation Administration (JRA) facility, following my release I may be required to comply with a program of parole for a number of months. I understand that if placed on parole, I will be under the supervision of a parole officer. The conditions of parole will restrict my actions and may require me to participate in activities and programs including, but not limited to, evaluation, treatment, education, employment, community restitution, electronic monitoring, and urinalysis. Failure to comply with the conditions of parole may result in parole revocation and further confinement.

I understand that if I am pleading guilty to two or more offenses, the disposition terms shall run consecutively (one term after the other) subject to the limitations in RCW 13.40.180.

I understand that if any additional criminal history is discovered, both the standard sentence range and the prosecuting attorney's recommendation may increase. Even so, my plea of guilty to this charge is binding.

8. RIGHT TO APPEAL SENTENCE: I understand, that the judge must impose a sentence within the standard range, unless the judge finds by clear and convincing evidence that the standard range sentence would amount to a manifest injustice. If the judge goes outside the standard range, either the state or I can appeal that sentence. If the sentence is within the standard range, no one can appeal the sentence.

9. MAXIMUM PUNISHMENT: I have been informed, and fully understand, that the maximum punishment I can receive is commitment until I am 21 years old, but that I may be incarcerated for no longer than the adult maximum sentence for this offense.

10. COUNTS AS CRIMINAL HISTORY: I understand that my plea of guilty and the judge's acceptance of my plea will become part of my criminal history. I understand that if I am pleading guilty to two or more offenses that arise out of the same course of conduct, only the most serious offense will count as an offense in my criminal history.

I understand that my guilty plea will remain part of my criminal history when I am an adult and may affect my ability to remain in the Juvenile Justice System should I re-offend. I understand that the judge will consider my criminal history when sentencing me for any offense that I commit in the future as an adult or juvenile.

11. GROUNDS FOR DEPORTATION: If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

12. NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS DO NOT APPLY, THEY SHOULD BE STRICKEN AND INITIALED BY THE DEFENDANT AND THE JUDGE.

[A] SUSPENSION/REVOCATION OF DRIVING PRIVILEGE FOR FIREARMS OR DRUGS: I have been informed that if the offense that I am pleading guilty to involves a finding that I was armed with a firearm when I committed the offense or if the offense was a violation of RCW 9.41.040(1) or chapters 66.44, 69.41, 69.50 or 69.52 RCW and I was 13 years of age or older when I committed the offense, then the plea will result in the suspension or revocation of my privilege to drive.

[B] SUSPENSION/REVOCATION OF DRIVING PRIVILEGE FOR DRIVING OFFENSES: I have been informed that if the offense that I am pleading guilty to is any felony in the commission of which a motor vehicle was used, reckless driving, driving or being in physical control of a motor vehicle while under the influence of intoxicants, driving while license suspended or revoked, vehicular assault, vehicular homicide, hit and run, theft of motor vehicle fuel, or attempting to elude a pursuing police vehicle, the plea will result in the suspension or revocation of my privilege to drive.

[C] OFFENDER REGISTRATION FOR SEX OFFENSE OR KIDNAPPING OFFENSE: Because this crime involves a sex offense, or a kidnapping offense involving a minor, or sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation, or conspiracy to commit a sex offense or a kidnapping offense involving a minor, as defined in RCW 9A.44.130, I will be required to register where I reside, study or work. The specific registration requirements are set forth in the "Offender Registration" Attachment.

[D] DNA TESTING: If this crime involves a felony or stalking, harassment, or communication with a minor for immoral purposes, I will be required to have a biological sample collected for purposes of DNA identification analysis. RCW 43.43.754.

[E] HIV TESTING: If this crime involves a sexual offense, prostitution, or a drug offense associated with hypodermic needles, I will be required to undergo testing for the human immunodeficiency (HIV/AIDS) virus. RCW 70.24.340.

[F] DOMESTIC VIOLENCE ASSESSMENT: If this offense involves domestic violence, I may be required to pay a domestic violence assessment of up to $100. [F] [G] CRIME LAB FEES: If this offense involves a controlled substance, I will be required to pay $100 for the State Patrol Crime Lab fees to test the substance.

[G] [H] SCHOOL NOTIFICATION: If I am enrolled in a common school, the court will notify the principal of my plea of guilty if the offense for which I am pleading guilty is a violent offense as defined in RCW 9.94A.030; a sex offense as defined in RCW 9.94A.030; inhaling toxic fumes under chapter 9.47A RCW; a controlled substance violation under chapter 69.50 RCW; a liquor violation under RCW 66.44.270; or any crime under chapters 9.41, 9A.36, 9A.40, 9A.46, and 9A.48 RCW. RCW 13.04.155.

[H] [I] SCHOOL ATTENDANCE WITH VICTIM PROHIBITED: I understand that if I am pleading guilty to a sex offense, I will not be allowed to attend the school attended by the victim or victim's siblings. RCW 13.40.160.

[I] [J] FEDERAL BENEFITS: I understand that if I am pleading guilty to a felony drug offense, my eligibility for state and federal food stamps and welfare will be affected. 21 U.S.C. § 862a.

[J] [K] MANDATORY MINIMUM SENTENCE: The crime of _________________________ has a mandatory minimum sentence of at least __________________ weeks of total confinement. The law does not allow any reduction of this sentence. [K] [L] RIGHT TO POSSESS FIREARMS: [JUDGE MUST READ THE FOLLOWING TO OFFENDER] I have been informed that if I am pleading guilty to any offense that is classified as a felony or any of the following crimes when committed by one family or household member against another: assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence; that I may not possess, own, or have under my control any firearm unless my right to do so has been restored by a court of record. RCW 9.41.040(1).

[L] [M] FIREARMS POSSESSION OR COMMISSION WHILE ARMED:

[i] Minimum 10 Days for Possession Under Age 18: I understand that the offense I am pleading guilty to includes possession of a firearm in violation of RCW 9.41.040(1)(b)(iii), and pursuant to RCW 13.40.193, the judge will impose a mandatory minimum disposition of 10 days of confinement, which must be served in total confinement without possibility of release until a minimum of 10 days has been served.

[ii] Unlawful Possession with Stolen Firearm: I understand that if the offenses I am pleading guilty to include both a conviction under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and one or more convictions for the felony crimes of theft of a firearm or possession of a stolen firearm, that the sentences imposed for these crimes shall be served consecutively to each other. A consecutivesentence will also be imposed for each firearm unlawfully possessed.

[iii] Armed During Commission of Any Offense: I understand that if the offense I am pleading guilty to includes a finding that either I or my accomplice was armed with a firearm during the commission of the offense, that the standard range disposition shall be determined pursuant to RCW 13.40.160, unless the judge finds a manifest injustice, in which case the disposition shall be determined pursuant to RCW 13.40.193(3). Such confinement will run consecutive to any other sentence that may be imposed.

[iv] Armed During Commission of a Felony: I further understand that the offense I am pleading guilty to includes a finding that either myself or my accomplice was armed with a firearm during the commission of a felony (other than possession of a machine gun, possession of a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, or use of a machine gun in a felony) and, therefore, the following mandatory periods of total confinement will be added to my sentence: For a class A felony, six (6) months; for a class B felony, four (4) months; and for a class C felony, two (2) months. Such confinement will run consecutive to any other sentence that may be imposed.

13. I understand that the prosecuting attorney will make the following recommendation to the judge:

___________________________________________________________ ___________________________________________________________ ___________________________________________________________

14. I understand that the probation counselor will make the following recommendation to the judge:

__________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________

15. Although the judge will consider recommendations of the prosecuting attorney and the probation officer, the judge may impose any sentence he or she feels is appropriate, up to the maximum allowed by law.

16. The judge has asked me to state in my own words what I did that makes me guilty of this crime. This is my statement:

______________________________________________________________ ______________________________________________________________ ______________________________________________________________

Instead of making a statement, I agree that the judge may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea.

17. I plead guilty to count ___________ in the _____________ Information. I have received a copy of that Information.

18. I make this plea freely. No one has threatened to harm me or anyone else to get me to plead guilty.

19. No one has made any promises to make me plead guilty, except as written in this statement.

20. I have read or someone has read to me everything printed above, and in Attachment "A," if applicable, and I understand it in full. I have been given a copy of this statement. I have no more questions to ask the judge.

Dated: __________________ ______________________ Respondent

I have read and discussed this statement with the respondent and believe that the respondent is competent and fully understands the statement.

_____________________ ___________________ Deputy Prosecuting Attorney Attorney for Respondent WSBA No. WSBA No.

_________________________ _______________________ Type or Print Name Type or Print Name

JUDGE'S CERTIFICATE

The foregoing statement was signed by the respondent in open court in the presence of his or her lawyer and the undersigned judge. The respondent asserted that [check appropriate box]:

(a) The respondent had previously read the entire statement above and that the respondent understood it in full;

(b) The respondent's lawyer had previously read to him or her the entire statement above and that the respondent understood it in full; or

(c) An interpreter had previously read to the respondent the entire statement above and that the defendant understood it in full. The Interpreter's Declaration is attached.

I find the respondent's plea of guilty is knowingly, intelligently, and voluntarily made. Respondent understands the charge and the consequences of the plea. There is a factual basis for the plea. The respondent is guilty as charged.

Dated: ____________________ ________________________ Judge/Commissioner

INTERPRETER'S DECLARATION

I am a certified interpreter or have been found otherwise qualified by the court to interpret in the __________________________________ language, which the respondent understands, and I have translated the ________________________________ for the respondent from English into (Identify document being translated) that language.

The respondent has acknowledged his or her understanding of both the translation and the subject matter of this document. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Dated: ___________________ ________________________ Interpreter

Location: _________________

Case Name: ___________________ Cause No.: ______________

"OFFENDER REGISTRATION" ATTACHMENT: OFFENDER REGISTRATION FOR SEX OFFENSE OR KIDNAPPING OFFENSE (If required, attach to Statement on Plea of Guilty.):

Because this crime involves a sex offense or a kidnapping offense involving a minor as defined in RCW 9A.44.130, I will be required to register with the sheriff of the county of the state of Washington where I reside. If I am not a resident of Washington but I am a student in Washington or I am employed in Washington or I carry on a vocation in Washington, I must register with the sheriff of the county of my school, place of employment, or vocation. I must register immediately upon being sentenced unless I am in custody, in which case I must register at the time of my release with the person designated by the agency that has me in custody and I must also register within 24 hours of my release with the sheriff of the county of the state of Washington where I will be residing or, if not residing in the state of Washington, where I am a student, where I am employed or where I carry on a vocation.

If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within 30 days after moving to this state or within 24 hours after doing so if I am under the jurisdiction of this state's Department of Corrections. If I leave this state following my sentencing or release from custody, but later, while not a resident of Washington I become employed in Washington, carry on a vocation in Washington, or attend school in Washington, I must register within 30 days after attending school in this state or becoming employed or carrying out a vocation in this state, or within 24 hours after doing so if I am under the jurisdiction of this state's Department of Corrections.

If I change my residence within a county, I must send written notice of my change of residence to the sheriff within 72 hours of moving. If I change my residence to a new county within this state, I must send written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence, I must register with the sheriff of the new county within 24 hours of moving and I must also give written notice of my change of address to the sheriff of the county where last registered within 10 days of moving. If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom I last registered in Washington State.

If I move to another state, or if I work, carry on a vocation, or attend school in another state I must register a new address, fingerprints, and photograph with the new state within 10 days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. I must also send written notice within 10 days of moving to the new state or to a foreign country to the county sheriff with whom I last registered in Washington State.

If I am a resident of Washington and I am admitted to a public or private institution of higher education, I shall, within 10 days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff of the county of my residence of my intent to attend the institution.If I become employed at a public or private institution of higher education, I am required to notify the sheriff for the county of my residence of my employment by the institution within 10 days of accepting employment or by the first business day after beginning to work at the institution, whichever is earlier. If my enrollment or employment at a public or private institution of higher education is terminated, I am required to notify the sheriff for the county of my residence of my termination of enrollment or employment within 10 days of such termination.

If I lack a fixed residence, I am required to register. Registration must occur within 24 hours of release in the county where I am being supervised if I do not have a residence at the time of my release from custody or within 48 hours, excluding weekends and holidays, after ceasing to have a fixed residence. If I enter a different county and stay there for more than 24 hours, I will be required to register in the new county. I must also report in person to the sheriff of the county where I am registered on a weekly basis. The weekly report will be on a day specified by the county sheriff's office, and shall occur during normal business hours. I may be required to provide a list of the locations where I have stayed during the last seven (7) days. The lack of a fixed residence is a factor that may be considered in determining a sex offender's risk level and shall make me subject to disclosure to the public at large pursuant to RCW 4.24.550.

If I apply for a name change, I must submit a copy of the application to the county sheriff of the county of my residence and to the state patrol not fewer than five (5) days before the entry of an order granting the name change. If I receive an order changing my name, I must submit a copy of the order to the county sheriff of the county of my residence and to the state patrol within five (5) days of the entry of the order. RCW 9A.44.130(7).

Date: _______ ______________________ Respondent's signature

RALJ 1.1 SCOPE OF RULES

(a) Proceedings Subject to Rules. These rules establish the procedure, called appeal, for review by the superior court of a final decision of a court of limited jurisdiction, subject to the restrictions defined in this rule. These rules apply only to review of (1) district courts operating under RCW 3.30; (2) municipal departments operating under RCW 3.46; (3) alternative municipal courts operating under RCW 3.50 in municipalities exceeding 5,000 in population; (4) municipal courts operating under RCW 35.20; (5) all other courts operating under RCW Title 35 or 35A in municipalities exceeding 5,000 in population; and (6) any other court required by law to have a lawyer judge. These rules do not apply to review of other courts of limited jurisdiction, do not apply to review of a small claims court operating under RCW 12.40, and do not apply to review of a decision of a judge who is not admitted to the practice of law in Washington. These rules do not supersede the procedure for seeking de novo review when these rules do not apply. These rules do not apply to and do not supersede the procedure for seeking de novo review of other decisions of a court of limited jurisdiction. (b) These rules do not apply to the de novo review of a decision of a judge who is not admitted to the practice of law in Washington and do not apply to the de novo review on the record of a small claims court operating under chapter 12.40 RCW. The procedures for review of these decisions are set forth in CRLJ 73 and 75. (b) (c) [Unchanged.]

(c) (d) [Unchanged.]

(d) (e) [Unchanged.]

(e) (f) [Unchanged.]

(f) (g) [Unchanged.]

CRLJ 14A REMOVAL TO SUPERIOR COURT

(a) [Unchanged.]

(b) Claims in Excess of Jurisdiction — Generally. When a defendant, third party defendant, or cross claimant any party in good faith asserts a claim in an amount in excess of the jurisdiction of the district court or seeks a remedy beyond the jurisdiction of the district court, the district court shall order the entire case removed to superior court.

(c) — (e) [Unchanged.]