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- The objective of the protocols is to establish realistic expectations about what should happen at each type of felony criminal proceeding in Superior Court. The protocols indicate what attorneys and the judges are expected to do in preparation for the proceedings so that they are meaningful and make effective use of judicial, attorney, and staff time. Furthermore, the protocols establish greater judicial control over court proceedings, especially trial dates. The expectations stated are not meant to imply that attorneys and judges are not currently doing these things. Rather, the intent is to state what everyone agrees are reasonable expectations as to what needs to be done and what should happen.
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- The proposals are directed at a 'typical' case, i.e., a non-capital case that proceeds by information, as opposed to indictment. It only applies to capital or pre-assigned cases to the extent the judge to whom the case is assigned makes them applicable. The expectations are stated as protocols, as opposed to local rules, in recognition of the variety of factors present in individual exception. It is expected that cases will comport with these protocols in almost every circumstance, but that deviations may be required in unusual circumstances.
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- Current activities of support staff and other agencies that are expected to continue are generally not listed, e.g., the sheriff bringing in-custody defendants to a hearing, in order to keep the length of the protocols more manageable. Where a change from current practice is made regarding the actions of other agencies, it is expressly stated.
The proceedings are presented more or less in chronological order. |
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| What Counsel Should Do |
- Prosecutor - conduct preliminary criminal history check of the defendant, prepare and file information and declaration of probable cause.
- Both Attorneys - notify Superior Court interpreter coordinator that defendant needs interpreter as soon as you become aware of the need.
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| What Staff and Other Agencies Should Do |
- Sheriff's Booking Office - notify Superior Interpreter Coordinator if defendant needs interpreter.
- LESA - provide prosecutor with copies of police reports.
- Pretrial Services - gather and present to the court preliminary information on:
I. Indigency relevant to appointment of counsel at public expense
II. Information relevant to bail and PR release decision (e.g. criminal history, other pending cases, warrants, prior failures to appear, ties to the community, etc.) |
| What Should Happen (see Criminal Rule 3.2.1) |
- A. Determine need for interpreter for defendant.
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- B. Copy of Information, declaration of probable cause, and police report, if available, provided to the defendant through defense counsel.
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- C. Probable Cause determination - review of declaration(Rule 3.2.1).
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- D. Arraignment on Information, including defendant's entry of a plea.
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- E. Appointment of Counsel, if defendant is indigent. If Department of Assigned Counsel (DAC) is appointed, the attorney assigned the case should file a notice of appearance, if appointment accepted, within two days of first appearance.
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- F. Bail/personal recognizance release decision:
-Require referral to Breaking-the-Cycle (BTC) as a condition of release if drug case or suggestion of drug problem. |
- G. Pretrial Conference (PTC) setting: Date for PTC should be set based on the type of cases:
- Set 8 to 14 days out for controlled substance cases and other, routine cases;
- Set PTC/Omnibus Hearing (OH) 14-21 days out for complex cases (SAU (domestic violence assaults, child rape, rape, etc.), meth lab, vehicular homicide/assault cases and multiple defendant cases). |
- H. Trial Setting: Trial date selected based on custody status and time for trial provisions. Trial dates in preassigned cases are set by the department to which the case is assigned.
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| PROSECUTOR |
- Complete criminal history check (out of state convictions, Department of Corrections history, determine dispositions for all arrests, determine which priors affect sentencing) and provide information to defense (CrR 4.7(a)(1)(vi).
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- Determine plea offer and communicate to defense counsel before the proceeding so that defense counsel has time to discuss the offer with his/her client.
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- Check for subsequent police reports and further discoverable information and provide copies to defense (CrR 4.7).
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- If evidence was gathered based on a search warrant, obtain from police officer or initiate proceedings to obtain from the Clerk the warrant and related affidavits that must be provided to defense pursuant to CrR 4.7, including obtaining a judge's release of records, if required.
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| DEFENSE COUNSEL |
- Determine whether there is a conflict in representation based on information made available to defense counsel as of this point in time.
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- Communicate plea offer from prosecutor. Determine acceptability of offer, or formulate counter-offer. If defendant indicates she/he will plead, schedule a Plea Date.
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- Meet with client to determine appropriateness of an application to Drug Court.
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- Discuss with client and be able to inform the court the status of compliance with release conditions, referral to BTC or other programs to which the defendant has been referred.
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| Law Enforcement Agencies and LESA |
| Prepare copies of supplemental police reports and deliver copies to the prosecutor. |
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| PROSECUTOR |
- Provide copies of supplemental or missing police reports to the defense.
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- If the case will not be resolved without a lab report, order lab report (this is not anticipated to be necessary in very many cases.)
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| DEFENSE COUNSEL |
- If there is a Break the Cycle (BTC) violation noted in the file, schedule a BTC violation hearing before the Drug Court judge on the next available BTC calendar day.
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| BOTH ATTORNEYS |
- Discuss plea offer, if defendant will change plea to guilty, select plea date after consultation with court staff.
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- Discuss referral to drug court, if appropriate.
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- Review trial date selected at first appearance. Reset trial date, if necessary, based on type of case, amount of time needed to prepare for trial, likelihood of plea, and, by checking with the criminal case manager for available trial dates understanding the Court's need to balance the number of cases set for trial each day. Recognizing that few cases proceed to trial, attorneys may typically double set trials.
- However, when selecting a trial date for cases more likely than not to go to trial, counsel should avoid double setting themselves with cases that are highly likely to proceed to trial. The new trial date must be approved by the Criminal Division Presiding Judge (CDPJ). |
- Set hearing for motions which must be heard prior to the day of trial (see list under 'Motions') by checking with court staff for available date. The attorneys should agree, based on the nature of the motion and evidence involved, what the appropriate scheduling of the motion should be in terms of how far in advance of the trial date it should be set and the appropriate briefing schedule.
-If counsel cannot agree on a date or briefing schedule, this should be resolved by the Criminal Division 1 (CD1), Criminal Division 2 (CD2) judge, or CDPJ. |
- Status conferences will be scheduled at least 3 weeks prior to the trial date in complex cases: SAU (domestic violence assaults, child rape, rape, etc.) cases, meth lab cases, vehicular homicide/assault cases and multiple defendant cases.
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- Complete scheduling order.
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| Prosecutor |
| Prepare amended information and declaration in support (if needed) and Judgment and Sentencing paperwork. Deliver all paperwork to the court in which the proceeding is scheduled by the time the plea proceeding is scheduled to occur. If the CD 'barrel' Deputy Prosecuting Attorney (DPA) is handling the plea, it is the responsibility of the 'trial DPA' to have all necessary paperwork completed and in the hands of the barrel deputy at or before the scheduled plea time. |
| Defense Counsel |
All plea paperwork, the Statement of Defendant on Plea of Guilty, should be completely filled out, preferably typed, reviewed and signed by the defendant on or before the date and prior to the time the plea proceeding is scheduled to occur. If paperwork is not completed prior to the hearing, the defense attorney and defendant must appear at 8:30 AM to complete paperwork.
If defendant changes his or her mind and decides not to plead guilty, counsel should inform the court and the prosecutor as soon as this becomes known.
If defendant is out of custody, remind the defendant to appear on time. |
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| A. If the defendant does not appear, defense counsel should notify the JA and the prosecutor as soon as the attorney becomes aware of this. If the defendant does not appear on time, the court may issue an arrest warrant. |
B. If the defendant is in custody and the required plea paperwork is not completed at the time the case is called, the judge will consider several options i.e. strike the plea; set the plea over, etc.
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C. If the defendant is out of custody and the paperwork is not complete, the matter will be continued until a time set by the judge for counsel to complete the necessary paperwork.
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| D. If the defendant enters a plea and if the judge accepts the plea, judge makes required findings, and, if agreed, will sentence the defendant. |
| E. If defendant does not enter a plea, defendant and counsel must still appear at the scheduled time for court consideration of setting a Status Conference, re-confirming the trial date, or setting a new plea date. Any request for continuance must be heard by the CDPJ. |
| F. If there is a BTC violation in the file, the judge may handle the violation as part of the sentencing procedure or schedule a BTC violation hearing before the Drug Court judge on the next available BTC day. |
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| The following motions will be scheduled and heard every Wednesday and Thursday afternoon by the Criminal Division Presiding Judge (CDPJ): |
| A. Any CrR 3.5 (Confession Procedure) motion |
| B. Any CrR 3.6 (Suppression Hearings) motion |
| C. Any CrR 4.4 (Severance of Offenses) motion |
| D. Any CrR 4.7 (Discovery) |
| E. Any motion to dismiss (Knapstad or otherwise) |
| F. Any dispositive motion |
| G. Any motion expected to be more than 10 minutes in length |
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| EXCEPTIONS |
A hearing of less than one hour's duration regarding any of the above enumerated type motions may be heard on the day of trial. A trial will take precedence over any scheduled motion. Should counsel be confronted with a conflict in scheduling, she or he will immediately notify the CDPJ, through the case manager, and reschedule the motion to an agreed upon date.
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| PROCEDURES |
Counsel will schedule any above listed motion using the Pierce County Superior Court's Kiosk web page 'Request Criminal Proceedings'. Motion schedules will be presented to the Criminal Division Presiding Judge (CDPJ) for approval. The court staff will screen proposed motion dates before submission to the CDPJ. The purpose of this screening will be to ensure a proper balancing of the proposed motions across available dates. A limit of ten motions every Wednesday and Thursday will be set. That number may be exceeded only upon the approval of the CDPJ in consultation with the case manager.
On the date scheduled for the motion hearing, all parties will appear before the CDPJ for a docket call. The purpose of the docket call is to determine the readiness of the motion for hearing and assignment of a time certain for the hearing that day. The CDPJ will hear the scheduled motions in the order as determined at the docket call. At the hearing, the parties may present evidence and supplemental written matters by leave of the court. If possible, the CDPJ will decide the motion the same day.
A motion may be rescheduled (continuance) or stricken only upon completion of strike form and approval of the CDPJ. |
| RESPONSIBILITIES |
In accordance with CrR 3.6, any motion to suppress physical, oral or identification evidence, other than a motion pursuant to CrR 3.5, must be presented in writing supported by affidavit or document setting forth the facts, and a memorandum of law in support. These papers must be presented to the CDPJ fourteen days before the scheduled motion hearing. The CDPJ may order opposing counsel to file and serve a memorandum in opposition to the motion. The CDPJ will determine whether an evidentiary hearing is required based upon the moving papers. If no evidentiary hearing is required, the court will enter a written order setting forth the reasons and the parties will be so informed. Counsel will assume that unless otherwise notified, the scheduled hearing will take place.
For all other types of motions, by the close of business hours on the Monday before the scheduled hearing on Wednesday or Thursday, counsel will present to the CDPJ moving papers and response briefs necessary for the adjudication of the motion. At the time the motion is scheduled, counsel are expected to work out an agreed briefing schedule that will allow ample time for submission of all documents on the Monday before the scheduled hearing. If agreement cannot be reached, then the CDPJ's intervention should be sought.
At the time of scheduling the motion, counsel should provide to the CDPJ, through the case manager, a realistic estimation of the time needed to hear the motion. The CDPJ and case manager will use this estimation to properly schedule the proposed motions. |
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| Moving Party and Responding Party |
| File and serve moving papers according to the briefing schedule agreed to by counsel or set by the Court. |
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| Note: Papers filed on the day of the hearing, where there is no time for the opposing party to consider and respond, may be deemed untimely and may not be considered. |
| Both Attorneys |
| Subpoena witnesses, if needed. Appear for motion docket call at the appropriate time and date. |
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A. All counsel must appear at the scheduled motion proceeding on Wednesday or Thursday and either proceed with the motion or discuss with the Court further proceedings in the case.
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B. Court hears testimony and arguments and decides the motion(s) the same day, if possible.
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| BOTH ATTORNEYS |
Counsel must confer regarding the status of the case, outstanding discovery issues, need for motions prior to the trial date, and readiness for trial. The attorneys should agree, based on the nature of the motion and evidence involved, what the appropriate scheduling of any motions should be in terms of how far in advance of the trial date it should be set and the appropriate briefing schedule. If counsel cannot agree on a date or briefing schedule, this should be resolved by the Criminal Division Presiding Judge (CDPJ).
Status Conference form must be filled out completely by the attorneys who are assigned to the case, with the defendant present and signing off. |
| DEFENSE COUNSEL |
Discuss with client and be able to inform the court the status of compliance with release conditions, referral to BTC or other programs to which the defendant has been referred.
Provide to prosecutor information required to be disclosed pursuant to CrR 4.7 and applicable law. |
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What Should Happen at the Hearing
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A. Counsel should inform the court whether the matter is going forward as a jury trial and advise the court of the status of the matter and what if anything remains to be done to prepare the matter for trial.
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B. Court reviews trial date and sets motion date, if needed, after consultation with court staff about availability of trial and motion dates.
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| C. If there is a BTC violation noted in the file, schedule a BTC violation hearing in Drug Court. |
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| Continuance Request - If something occurs that counsel feels justifies a continuance of the trial date, a request to continue the trial date should be filed with the CDPJ as soon as the grounds for the continuance request become known, with notice to the other side. |
| Defense Counsel - If defendant will plead guilty, as soon as defense counsel becomes aware of this counsel should inform court and the prosecutor of the defendant's intent to plea and have all plea paperwork completed, reviewed with the defendant, and signed before the time the case is called on the trial date. |
| Prosecutor - If defendant will plead guilty, prepare amended information and declaration in support thereof (if needed) and Judgment and Sentencing paperwork and deliver to the court by the time the case is called on the trial date. |
| Defense Counsel - If defendant is in-custody, have clothes so defendant is dressed for trial. |
Prosecutor - If trial attorney to whom case has been assigned is already in trial, supervisor of team should review case for hand off to another attorney.
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Both Attorneys
- Attorneys should be ready to begin trial, with exhibits ready and all witnesses previously interviewed and subpoenaed.
- Motions to be heard on the day of trial (see list under 'Motions'), including in limine motions related to trial evidence, should be in writing. Other motions should have been scheduled and heard earlier, do not expect them to be heard on the day of trial without good cause for the delay.
- Proposed jury instructions, pursuant to PCLR 51, and any trial brief ready on the morning of trial.
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The Day of Trial
| BOTH ATTORNEYS |
| Check in with the criminal case manager or Judicial Assistant in Criminal Division Presiding Judge (CDPJ) court by 8:45 a.m. |
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| DEFENSE ATTORNEY |
If the defendant is not present, the defense attorney should notify the court at the docket call.
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Court calls the calendar to determine the status of the cases set for trial.
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Requests for continuances of the trial will be heard first. The paperwork requesting the continuance should be completed and ready to present to the CDPJ. The trial date selected should also have been checked with the criminal case manager for availability.
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Case scheduled to begin trial is assigned to an open department to start trial.
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Change of plea, where the paperwork is completed, and dismissals are heard after cases ready to begin trial are sent to trial departments.
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| Department to which case is assigned either starts trial promptly, or, if there is a request for a continuance, or problem with starting, declines to exercise authority to hear the continuance and returns the case to the CDPJ to hear the continuance request. |
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During the Trial
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Attorney presenting case has sufficient witnesses subpoenaed to fill trial day.
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Judge should inform lawyers, court staff and jurors of anticipated start and end time for each day of trial.
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All Attorneys, defendant and first witnesses are present and ready to start trial at the time designated by the judge.
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Judge and necessary court staff are ready to start trial at the time designated by the judge.
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| If the defendant failed to appear at a plea date or other proceeding and a warrant is issued, a Quash hearing needs to be set. Defendants need to contact their attorney or the Department of Assigned Counsel (DAC) at (253) 798-6062 to set a Quash hearing. It is expected the next proceeding after the proceeding to quash the warrant or surrender, will be a Pretrial Conference. |
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| What Other Agencies Should Do |
- Department of Corrections - Gather information about the alleged violation, determine what an appropriate resolution might be, based on the misconduct giving rise to the petition or motion, and present information and recommendation to the prosecutor.
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| What Counsel Should Do |
- Prosecutor - Prepare the petition or motion and seek arrest warrants; consult with court DCM staff about the appropriate date for the hearing.
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- Defense Counsel - Consult with defendant about alleged violation and what an appropriate response would be.
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- Defense Counsel - If a resolution has been agreed to, inform the court, and prepare the necessary paperwork.
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| What Should Happen at the Appearance |
- A. If there is an agreed resolution, present completed paperwork to the court for signature.
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- B. If there is no agreed resolution, schedule a subsequent hearing on the Criminal Division Probation Violation docket.
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Probation Violation - Subsequent Hearings
| What Other Agencies Should Do |
- Department of Corrections - Determine what the appropriate resolution might be, based on the misconduct giving rise to the petition or motion, and make recommendation to the prosecutor.
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| What Counsel Should Do |
- Prosecutor - Provide defendant and his counsel with information about the facts of the alleged violation; supoena witnesses, as necessary.
- Defense Counsel - Consult with defendant about alleged violation and what an appropriate response would be.
- Both Attorneys - Exchange witness lists.
- Both Attorneys - If there is an agreed resolution, inform the court, and prepare necessary paperwork.
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| What Should Happen at the Hearing |
- A. If there is an agreed resolution, present completed paperwork to the court for signature.
- B. If no agreed resolution, judge reviews documents, hears any testimony and decides revocation/violation, and decides appropriate remedy.
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1. USE of form (IN CRIMINAL DIVISION COURTS ONLY: CD1, CD2, CDPJ, CDPV)
Use this form to schedule various criminal case events in the Criminal Division Courts: CD1, CD2, CDPJ and CDPV only. Examples of these events are: Pre-trial Conferences, Omnibus hearings, Status Conferences or Pre-trial Motions. If this is your purpose go to step 2 for further directions, otherwise continue reading below for additional information.
If you are presently incarcerated and requesting a hearing you must take the following steps depending on the status of your case.
CLOSED CASE (Already sentenced):
Criminal motions must be scheduled before the trial/sentencing department. Address your criminal motion to the trial/sentencing department you were sentenced in as follows:
Pierce County Superior Court
Attn: Department #______
930 Tacoma Avenue South
534 County-City Building
Tacoma, Washington 98402
PENDING CASE (Prior to sentencing):
Contact your attorney. This is the most expeditious way to get your hearing set.
- No ex-parte contact is allowed. Do Not send items to the Trial Department.
- All material sent to the Court Administrator or Court Administration is routed to the prosecutor and the defense attorney noted on the case.
OUTSTANDING BENCH WARRANTS:
- Address your inquiries regarding the status of your case to the Department of Assigned Counsel at 949 Market St. Suite 334, Tacoma, WA 98402. Attention: Expedited Disposition Unit
Defendants cannot schedule hearings unless they are self-represented.
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2. COMPLETE the form
click here Criminal Scheduling Order
Fill in the defendants name and cause number in the appropriate blanks legibly.
Obtaining approval number:
To properly docket your case event, you must contact Superior Court Administration at 253-798-2988 and press 1 to obtain approval for your chosen date.
Approval means the date you selected is available for that proceeding. An approval number will be given to you for entry on the scheduling order which is available from the link shown above.
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3. FILE formAll parties, including the defendant, must sign the form. Present the form along with a copy for the prosecutor to the clerk in Courtroom 550 for a judge's signature. Retain a copy for the defendant. When the form is signed by a judge, the case event and date is considered confirmed and will appear on the court's docket.
DO NOT FILE THIS DIRECTLY WITH THE CLERKS OFFICE.
Once the order has been processed by Superior Court Administration, your hearing date will be confirmed and the original will then be filed with the Clerk's office.
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| Responsibilities |
Differentiated Case Management is responsible for creating and maintaining accuracy of the criminal calendars for Criminal Division I, Criminal Division II, Criminal Division Presiding Judge and Criminal Division Probation Violation.
DCM inputs all the data into LINX, the court's computer system, from the criminal paperwork once it has been signed by the court. It is also the responsibility of this unit to provide coverage as a court clerk for Criminal Division II on a daily basis.
DCM participates in many strategic planning meetings to help ensure smooth operation of the Criminal Division courts.
Frequently Asked Questions |
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