Judge Brian McDonald
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
Court-wide- Chambers Drop Off
Deposition Designations
Court-wide- Email • As Directed In Pretrial Order
Filings >= 500 pages
Court-wide- Hand Delivery
Adjournments
- Any change to a sentencing date must first be approved by both parties and the assigned sentencing court.
- Contested requests to continue sentencing must be noted for a motion to continue sentencing before the assigned judge.
- Parties may not preserve the right to address release at a later omnibus hearing via rolling omnibus or a continuance order notation unless the court approves in advance.
- +18 more
Request must include
- Parties are presumed ready for trial without recesses unless they notify the court the day before trial of a continuance or recess request.
Communication
Clerk12 contacts
- pleacourtseattle@kingcounty.gov
- seacriminalmotions@kingcounty.gov
- pleacourtmrjc@kingcounty.gov
- kentcriminalmotions@kingcounty.gov
- interser@kingcounty.gov
- (206) 477-1482
Show 6 moreShow fewer
- (206) 477-1617
- (206) 477-1441
- (206) 477-2741
- (206) 477-2730
- (206) 477-1372
- Seattle: (206) 477-1617; Kent: (206) 477-2730
Document Filing Requirements35 rules
A motion addressing bail or conditions of release must set forth a change of circumstances, after which the court decides whether to set a bond hearing.
If a request to address bail or other condition of release is made at arraignment, a subsequent motion should set forth a change of circumstances. Upon receipt of such a motion, the court will determine whether a subsequent bond hearing will be set.
Document Type
Motion Re Bail Or Conditions Of Release
Public defenders practicing in adult criminal and juvenile offender cases must file a certification of compliance with the courts under the Standards for Indigent Defense Services.
The Washington Supreme Court adopted Standards for Indigent Defense Services which mandate the filing of a certification of compliance with the courts by public defenders practicing in adult criminal and juvenile offender case types.
Document Type
Certification Of Compliance
Attorneys must submit one Supreme Court certification of defense counsel per quarter.
Per the standard, attorneys are to submit one certificate per quarter.
Document Type
Certification Of Defense Counsel
Counsel must provide the court with the certification for determination of probable cause, Prosecutor bail request, criminal history, and the Court Services pretrial release interview form at every bond hearing.
At a bond hearing, counsel must provide the court with the certification for determination of probable cause, Prosecutor bail request, criminal history, and the Court Services pretrial release interview form.
Document Type
Bond Hearing
A written motion for review of a DPD denial of services must include a declaration of indigency, all documents presented to DPD, and a copy of DPD's denial and indigency documents.
Should the request for services be denied in whole or in part for any reason, defendant may move for review de novo before the Chief Criminal Judge or Chief MRJC Judge, in accordance with LCrR 3.1. Such a motion shall be in writing, and shall include a declaration of indigency; appointment of counsel does not establish indigency per se. The motion shall also include all documents that were presented to DPD and a copy of DPD's denial and documents regarding indigency.
Document Type
Motion For Review De Novo
Trial judges may authorize expert services up to $250 per expert only upon demonstrated urgency, and the authorizing order must be submitted to DPD.
Trial judges can authorize expert services during a trial up to a maximum of $250 per individual expert. Authorization for these services will be granted only if the urgency of the request is demonstrated. The judge's order authorizing expert services at public expense must be submitted to DPD
Document Type
Order Authorizing Expert Services
The proposed order to seal must bear the submitted date; omission may result in the clerk not sealing the documents despite an order to seal.
The date of the proposed order to seal will have two dates: submitted date and date OPD signs it. The submitted date for the order must be on the order to seal. Failure to do so may result in the clerk not sealing the documents in spite of an order to seal.
Document Type
Proposed Order To Seal
A retained counsel's request for expert services at public expense must be accompanied by the retainer agreement and a sworn declaration of the defendant's assets, income and liabilities.
When retained counsel seeks appointment of expert services at public expense, the request to DPD shall be accompanied by the retainer agreement between counsel and defendant or between counsel and any party to the agreement, and a sworn declaration setting forth defendant’s assets, income and liabilities.
Document Type
Request For Services At Public Expense
The document name in the proposed order to seal must exactly match the document name in the caption and the date submitted, or the clerk will not seal the document and it will be filed unsealed.
When submitting a proposed order sealing documents, counsel must assure that the name of the document contained in the proposed order to seal and a proposed protective order, if any, must exactly match the name of the document in the caption and the date submitted; the clerk will not seal a document without an exact matching title; the document will be filed unsealed.
Document Type
Proposed Order To Seal
At pre-trial omnibus hearings the defendant must appear in person, remotely, or through counsel, and to appear through counsel counsel must provide a signed waiver or affirm the defendant's preference to appear through counsel.
For pre-trial omnibus hearings, the defendant must either appear in-person, remotely, or through counsel. To appear through counsel, counsel must provide a waiver signed by the Defendant or counsel must affirm that the Defendant prefers to appear through counsel.
Document Type
Waiver Of Appearance
Before the trial track Omnibus Hearing, counsel must meet, prepare a proposed Omnibus Hearing Order, identify unresolved motions to be heard at trial, and exchange any additional discovery.
Prior to the trial track Omnibus Hearing date, counsel shall meet, prepare a proposed Omnibus Hearing order, identify unresolved motions to be heard at trial, and exchange any additional discovery.
Document Type
Omnibus Hearing Order
The Omnibus Hearing Order must substantially follow the form specified in CrR 4.5(h) and must be signed by the court.
The Omnibus Hearing Order shall be in substantially the same form as specified in CrR 4.5(h). The order shall be signed by the court.
Document Type
Order On Omnibus Hearing
Parties must propose an Omnibus Hearing Order at the Omnibus Hearing.
The parties shall propose an Omnibus Hearing Order at the Omnibus Hearing.
Document Type
Omnibus Hearing
Counsel must certify on the record at the Omnibus Hearing that the trial date will be met and that no foreseeable issues will lead to future continuance requests.
Counsel will certify, on the record, that the trial date will be met and that no foreseeable issues will result in future requests for a continuance of the trial date.
Document Type
Omnibus Hearing
An Order on Omnibus Hearing must be entered at the conclusion of the Omnibus Hearing memorializing counsel's agreements and the court's rulings.
At the conclusion of the Omnibus Hearing, an Order on Omnibus Hearing shall be entered memorializing the agreements of counsel and the rulings of the court.
Document Type
Order On Omnibus Hearing
To set an expedited motion, the party must provide the case name, cause number, prosecutor and defense attorneys' names, and the type of motion.
The following information is needed to set an expedited motion: • The case name • Cause number • Prosecutor and defense attorneys' names • The type of motion
Document Type
Expedited Motion Scheduling Request
To set a criminal motion, the party must provide the case name, cause number, prosecutor and defense attorneys' names, custody status, trial date, expiration date, UCN (if defendant is in custody), and the type and length of the motion.
The following information is needed to set a criminal motion: • The case name • Cause number • Prosecutor and defense attorneys’ names • Custody status • Trial date • Expiration date • The Uniform Control Number (UCN) if defendant is in custody • Type and length of motion
Document Type
Criminal Motion Scheduling Request
The moving party must file a Note for Criminal Motion to set a criminal motion.
The moving party must file a Note for Criminal Motion and must provide notice to opposing counsel.
Document Type
Note For Criminal Motion
Plea scheduling emails must include the defendant's name, case number, charges pleaded to and dismissed, CFTS/Barr/Zhao/Alford status, and at least three available dates/times (9:00 AM or 1:00 PM).
Your scheduling email should include: • Defendant’s name • Case number • Charges Defendant is pleading to • Charges being dismissed, if any • If the plea is a credit for time served (CFTS) resolution • If the plea is a Barr/Zhao or Alford plea • At least three dates and times (9:00 AM or 1:00 PM) that the attorney is available
Document Type
Plea Scheduling Email
Counsel must email the plea coordinator confirming client review of plea paperwork before receiving a plea date.
Prior to receiving a plea date, counsel must affirm that they have reviewed plea paperwork with their client via e-mail confirmation to the plea coordinator.
Document Type
Plea Paperwork
Agreed Certificate of Trial Readiness must be signed by the parties, filed with the clerk, copied to the Criminal Department Supervisor, and submitted no later than close of business one week before trial.
The Certificate of Trial Readiness should be completed and signed by the parties, filed with the clerk's office and copy provided to the Criminal Department Supervisor of the respective courthouse of the case's designation. Readiness should be submitted to the court no later than the close of business one week prior to the date the case is scheduled for trial.
Document Type
Agreed Certificate Of Trial Readiness
A party seeking pre-assignment of a case must do so by written motion accompanied by a declaration (the court may also pre-assign on its own motion).
The Chief Criminal Judge and Chief MRJC Judge may pre-assign a case to a judge for pretrial management and/or for trial, on motion by a party (written motion and declaration) or on the court's own motion.
Document Type
Motion For Pre Assignment
Counsel moving for an exceptional sentence must prepare Findings of Fact and Conclusions of Law and submit them to the sentencing judge and opposing counsel with the pre-sentence report.
Prepare Findings of Fact and Conclusions of Law supporting the exceptional sentence and submit them to the sentencing judge and opposing counsel with the pre-sentence report;
Document Type
Findings Of Fact And Conclusions Of Law
An out-of-state witness certificate must state the facts on which it is based and specify the number of days the witness will be required to attend.
It shall state the facts upon which the certificate is based and specify the number of days the witness will be required to attend.
Document Type
Material Witness Certificate
Pro se defendants must be given a copy of the Criminal Department Manual.
Pro se defendants shall receive a copy of the Criminal Department Manual.
Document Type
Criminal Department Manual
To note a bond hearing, the moving party must provide the defendant's name, defense attorney's name, UCN, charges, arraignment date, trial date, and current bail amount.
For proper identification of an inmate, the following information is needed to note a bond hearing: • The name of the defendant • The defense attorney's name • The UCN (Uniform Control Number) • The charges • Date of arraignment • Trial date • Current bail amount
Document Type
Bond Motion
An agreed Omnibus Hearing Order may be entered only if the parties confirm they have met, discovery (including witness interviews) is complete, the information will not be amended, all necessary witnesses are available, and they will be ready for trial on the assigned date.
An agreed Order on Omnibus Hearing may be entered at the Omnibus Hearing if the parties agree that the parties have met, all discovery, including witness interviews, is complete, the information will not be amended, all necessary witnesses are available for trial, and that the parties will be prepared for trial on the assigned date.
Document Type
Order On Omnibus Hearing
Requests for the next available plea date must affirmatively state the attorney and defendant will accept the next available date with no refusal or later claim of unavailability, and must still include availability dates.
If you would like the next date available, please affirmatively state that the next available date will be accepted (no refusal of the next date) and affirmatively state the defendant will accept the next available date (no subsequent claim of unavailability). Please also continue to include dates that the attorney and defendant is available to allow for ease of scheduling.
Document Type
Plea Scheduling Email
Unless specifically waived by the court, a Department of Corrections chemical dependency screening report must be ordered before sentencing for controlled substance violations, criminal solicitation of such violations, or felonies where chemical dependency contributed to the offense.
Unless specifically waived by the Court, the Court shall order the Department of Corrections to complete a chemical dependency screening report before imposing a sentence upon a defendant who has been convicted of a violation of the uniform controlled substances act under chapter 69.50 RCW, a criminal solicitation to commit such a violation under chapter 9A.28 RCW, or any felony where the court finds that the offender has a chemical dependency that has contributed to his or her offense, RCW 9.94A.500.
Document Type
Order For Chemical Dependency Screening Report
At the time of plea or conviction, the court must order a Department of Corrections Presentence Investigation Report before sentencing a defendant convicted of a felony sexual offense.
In addition, the Court shall, at the time of plea or conviction, order the Department of Corrections to complete a Presentence Investigation Report (PSI) before imposing a sentence upon a defendant who has been convicted of a felony sexual offense, RCW 9.94A.500.
Document Type
Order For Presentence Investigation Report
Various informational forms must be provided to the defendant at sentencing, depending on the sentencing options used.
A number of informational forms must be provided to the defendant at sentencing, depending on the sentencing options used:
Document Type
Informational Forms
Contested competency determinations are heard on the Friday Criminal Motions Calendar in Kent or Seattle criminal motions calendar, but hearings over three hours go to the trial calendar.
Should either party contest the determination, a hearing shall be scheduled on the Friday Criminal Motions Calendar in Kent or on the criminal motions calendar in Seattle. Contested competency hearings expected to last more than three hours will be placed on the trial calendar for assignment to an available trial judge.
Document Type
Contested Competency Hearing
The date of a motion for expert services is the date counsel signs and dates the motion.
The motion for expert services date is the date counsel signs and dates the motion.
Document Type
Motion For Expert Services
At the time of plea, the Plea/Sentencing Coordinator prepares the Order for Presentence Investigation Report and routes it to the DOC PSI unit, with the original routed to the assigned sentencing court for the judge's signature and filing.
At the time of plea, the Plea/Sentencing Coordinator prepares the cover page of the Order for Presentence Investigation Report (in cases for which a PSI is required by statute) and routes to the Department of Corrections PSI unit. The original order is routed by the Plea/Sentencing Coordinator to the assigned sentencing court- The original will be signed by the sentencing judge and then filed.
Document Type
Order For Presentence Investigation Report
It is preferable (though not mandatory) to indicate on the sentencing form that DAJD shall calculate credit for time served.
It is preferable to indicate on the sentencing form that DAJD shall calculate credit for time served, as the court may not be aware at sentencing of all factors that affect the amount of credit.
Document Type
Sentencing Form
Filing & Service rules
Electronic Filing Rules
Supreme Court certifications must be filed with the King County Superior Court Clerk's Office under the annual case number, which is 26-0-12055-5 for 2026.
In King County Superior Court, the Clerk's Office will be the repository for these certifications. For 2026, the case number in which to file these certificates is: 26-0-12055-5. Each year, the Clerk will announce the new case number for the year.
Page 17 | 6 APPOINTMENT OF COUNSEL
Attorneys must e-file Supreme Court certifications using the e-form available in the clerk's e-Filing application.
Attorneys are required to e-file the certificates. The Supreme Court certification form is available as an e-form in the clerk's e-Filing application with the appropriate case number already inserted.
Page 17 | 6 APPOINTMENT OF COUNSEL
Only agreed or de minimis orders (Agreed Omnibus, Dismissal, Bench Warrant Quash, Competency continuances, Trial Setting Orders, and similar) may be e-filed in the Criminal Order Queue.
Agreed Omnibus, Dismissal, Bench Warrant Quash, Competency continuances, Trial Setting Orders and other de minimus agreed orders (e.g. agreed orders to change addresses for EHD) are the only orders to be e-filed in the Criminal Order Queue.
Page 27 | 11.3 AGREED CRIMINAL ORDER E-FILING QUEUE
Parties are encouraged (not required) to submit agreed continuance requests through the Criminal Order Queue in specified circumstances such as recent arraignment, recent attorney transfer, recent return from warrant status, or rolling the omnibus date without continuing trial.
Parties are encouraged to submit agreed continuance requests through the queue on cases in which the arraignment date was held within the last year, the case was transferred to a new attorney within the last four months, defendant returned from warrant status within the last 60 days or parties are simply rolling the omnibus date but are not continuing the trial date.
Page 27 | 11.3 AGREED CRIMINAL ORDER E-FILING QUEUE
Filing Timing and Cure Windows
Orders must be filed no later than Noon on the prior court day or they may be rejected, and parties must then address their case at the originally scheduled time.
All orders for any particular date must be filed no later than Noon the prior court day. If orders are not received by this time, they may be rejected and parties are expected to address their case at the scheduled time.
Page 27 | 11.3 AGREED CRIMINAL ORDER E-FILING QUEUE
Strict reply documents must be filed and served no later than noon on the court day before the hearing.
Any documents in strict reply shall be filed and served no later than noon on the court day before the hearing.
Page 32 | 14.2 SETTING A CRIMINAL MOTION
All motion documents must be filed before a criminal motion can be set on the calendar.
Motion documents must be filed before a motion can be set.
Page 32 | 14.2 SETTING A CRIMINAL MOTION
The moving party must serve and file all motion documents no later than six court days before the hearing date.
When noting a hearing on the criminal motions calendar, the moving party shall serve and file all motion documents no later than six court days before the hearing date.
Page 32 | 14.2 SETTING A CRIMINAL MOTION
A party opposing a criminal motion must file and serve responsive materials no later than noon two court days before the hearing.
Any party opposing a motion shall file and serve the responsive materials no later than noon two court days before the date the motion is to be heard.
Page 32 | 14.2 SETTING A CRIMINAL MOTION
Certificate of Trial Readiness must be submitted by close of business one week before the scheduled trial date.
Readiness should be submitted to the court no later than the close of business one week prior to the date the case is scheduled for trial.
Page 36 | 16.1 AGREED CERTIFICATE OF TRIAL READINESS
Sentencings must be scheduled for an upcoming Friday no later than the immediately preceding Wednesday, except CFTS agreed recommendation pleas occurring as late as Tuesday afternoon may be set for that Friday if judicial availability exists.
Sentencings may be scheduled for an upcoming Friday but no later than the immediately preceding Wednesday. However, credit for time served (CFTS) agreed recommendation pleas that occur as late as Tuesdsay afternoon may be scheduled that Friday for sentencing so long as there is judicial availability
Page 42 | 19 SENTENCING
The Department of Corrections report and the reports by the State and defense counsel must be submitted to the sentencing judge at least three days before sentencing under King County LCrR 7.1(a).
The Department of Corrections report and reports by the State and defense counsel are required by King County LCrR 7.1(a) to be submitted to the sentencing judge at least three days prior to sentencing.
Page 45 | 19.5 DEPARTMENT OF CORRECTIONS PRESENTENCE REPORT
A confirmation of counsel hearing must be noted one week after notice of withdrawal is provided, and it may be stricken if a Notice of Appearance is filed.
A confirmation of counsel hearing shall be noted one week after the notice to withdraw has been provided. The hearing may be stricken if a Notice of Appearance has been filed.
Page 16 | 6.2 MOTION TO WITHDRAW OR SUBSTITUTE COUNSEL
EHD violation hearings are held Fridays at 11:00 a.m., and violation reports received by noon the prior Wednesday will be set for hearing.
When a Notice of Violation is received by email from EHD, the Court will affirmatively schedule violation hearings on Fridays at 11:00 a.m. Any violation report received by noon the Wednesday prior will be set for a hearing.
Page 20 | 7.4 NOTICE OF VIOLATION FROM EHD OR CCAP (Seattle)
A defendant who turns themselves in on a NOV is entitled to an expedited hearing, which the court will schedule within two court days of receiving the NOV.
If a defendant turns themselves in on the NOV, they are entitled to an expedited hearing as they are held without bail. The court will schedule these hearings to occur within two court days of receipt of the NOV.
Page 20 | 7.4 NOTICE OF VIOLATION FROM EHD OR CCAP (Seattle)
Service and Proof of Service Rules
Motions to withdraw or substitute counsel filed after the first omnibus must be heard by the Chief Criminal Judge or Chief MRJC Judge with notice to opposing counsel.
A Motion to Withdraw or Substitute Counsel after the first omnibus hearing shall be heard by the Chief Criminal Judge or Chief MRJC Judge, with notice to opposing counsel.
Page 16 | 6.2 MOTION TO WITHDRAW OR SUBSTITUTE COUNSEL
Counsel may withdraw without a hearing after arraignment and before the first omnibus if notice is given to the court and opposing counsel.
Counsel may withdraw as the attorney of record after arraignment and prior to the first omnibus without a hearing upon notice to the court and to opposing counsel.
Page 16 | 6.2 MOTION TO WITHDRAW OR SUBSTITUTE COUNSEL
DV and SAU bond hearings require six days' notice; other bond hearings may be set in fewer than six days with notice, and the Court will strike hearings set without notice.
Bond hearings may be set on the bond calendar as soon as possible (shorter than six days), as long as notice is given. If a party needs more time, they may ask for more time. DV or SAU hearings will still require six days' notice. The Court will strike hearings where there is no notice.
Page 18 | 7.2 SETTING A BOND HEARING
The moving party must notify opposing counsel of the bond hearing date and time, or PAO Records, the EPU deputies, or supervisors if no prosecutor is assigned or known.
The moving party shall notify opposing counsel of the date and time for the bond hearing, CrR 8.1, CR 6; CrR 8.2, CR 7. If there is no assigned prosecutor, or the assigned prosecutor is unknown, notice shall be provided to PAO Records, the EPU deputies, or supervisors.
Page 18 | 7.2 SETTING A BOND HEARING
The party who schedules an expedited motion must notify opposing counsel as required by CrR 8.2 and CR 7(b).
The party who schedules the motion must notify opposing counsel, CrR 8.2, CR 7(b).
Page 31 | 13.3 NOTICE
The moving party must provide notice of the criminal motion to opposing counsel.
The moving party must file a Note for Criminal Motion and must provide notice to opposing counsel.
Page 32 | 14.2 SETTING A CRIMINAL MOTION
A copy of the Notice of Change of Sentencing Date form must be provided to the Criminal Department Sentencing Coordinator to prevent oversetting the sentencing judge.
A copy of the Notice of Change of Sentencing Date form must be given to the Criminal Department Sentencing Coordinator to avoid oversetting the sentencing judge.
Page 45 | 19 SENTENCING
Counsel must notify opposing counsel of the rescheduled sentencing time and date.
Notify opposing counsel of the rescheduled time and date.
Page 46 | 19.6 EXCEPTIONAL SENTENCES
Sentencing is continued so defense can file a written motion and declaration to withdraw the plea, served on the plea judge (or sentencing judge if plea judge unavailable/pro tem).
If the defendant expresses a desire to withdraw his/her plea before or at sentencing, the sentencing court should continue the sentencing to give defense time to file a written motion and declaration to be served on the judge who took the guilty plea or the sentencing judge if the plea judge is not available or was a judge pro tempore.
Page 35 | 15.2 MOTIONS TO WITHDRAW GUILTY PLEA
After a hung jury, the prosecutor must re-calendar the case for new omnibus, trial and expiration dates and notify defense counsel of those hearings.
If the case is to be re-tried, it is the prosecutor’s responsibility to place the case back on the calendar for new omnibus, trial and expiration dates, and to notify defense counsel of such hearings.
Page 38 | 16.5 MISTRIAL
When a defendant appears through counsel, notices given to counsel are presumed to have been given to the defendant.
If a Defendant appears through counsel, notices provided to counsel are presumed to be provided to the Defendant.
Page 26 | 11.2 DEFENDANT’S PRESENCE AT PRE-TRIAL OMNIBUS HEARINGS
Sealing & Redaction Procedures
Defense counsel must present a motion and proposed order for sealing, and the sealing order itself may not be sealed.
It shall be the responsibility of defense counsel to present a motion and proposed order for sealing, if defense counsel is seeking to have the order and supporting pleadings sealed. The order sealing, itself, may not be sealed.
Page 24 | 10.2 MOTIONS TO SEAL
Filing Bundling Requirements
The proposed order to seal and the proposed protective order must be submitted as separate documents in the e-mailed packet.
The proposed order to seal and proposed protective order must be separate documents in the e-mailed packet.
Page 25 | 10 SERVICES AT PUBLIC EXPENSE
Pre-Motion Conference Requirements
Motions to withdraw a guilty plea must go to the plea judge, or the sentencing/supervising judge if the plea judge is unavailable or was a judge pro tem.
Motions to withdraw a guilty plea shall be presented to the judge who took the plea or to the sentencing or supervising judge if the plea judge is not available or was a judge pro tem.
Page 35 | 15.2 MOTIONS TO WITHDRAW GUILTY PLEA
Plea and sentencing may only occur on this calendar if requested in advance, victims have been notified, and the defendant is CFTS or from out of town.
The court will not do a plea and sentencing on this calendar unless: • The parties request the plea/sentencing in advance • Any victims have been notified • AND it is either CFTS or the defendant is from out of town such that returning for sentencing would be a hardship.
Page 35 | 15 GUILTY PLEAS
A motion to quash a bench warrant issued on or before the trial date must be scheduled before the Chief Criminal or Chief MRJC Judge, and the defendant must be present or the motion will not be considered absent extraordinary circumstances.
Defense counsel may move to quash a warrant issued on or before the trial date by scheduling a motion to quash the warrant before the Chief Criminal or Chief MRJC Judge. The defendant shall be present at the hearing or the motion shall not be considered, absent extraordinary circumstances.
Page 40 | 17.2 BENCH WARRANT AT OMNIBUS OR TRIAL
Counsel must give advance notice to the court and opposing counsel before presenting a motion for an exceptional sentence.
Give notice to the court and opposing counsel that counsel will be presenting a motion for an exceptional sentence;
Page 46 | 19.6 EXCEPTIONAL SENTENCES
Adjournment & Extension Requirements
Parties may not preserve the right to address release at a later omnibus hearing via rolling omnibus or a continuance order notation unless the court approves in advance.
The parties cannot preserve the ability to address release at a subsequent omnibus hearing by rolling omnibus or noting an intent to address release on a continuance order absent prior court approval.
Page 19 | 7.3 RETURN ON WARRANT
Motions to continue the omnibus hearing or the trial date must be heard by the court rather than handled by agreement.
Motions to continue omnibus and motions to continue trial shall be heard by the court.
Page 29 | 12 TRIAL TRACK: FRIDAY OMNIBUS CALENDAR
Parties are presumed ready for trial without recesses unless they notify the court the day before trial of a continuance or recess request.
It is presumed that the parties are ready for trial and will proceed to trial without recesses if a party does not notify the court the day before trial that it will be seeking a continuance or recess.
Page 36 | 16 TRIALS
Motions to continue the trial date and motions for substitution of counsel must be heard by the Chief Criminal or Chief MRJC Judge.
Any motion to continue the trial date or motion for substitution of counsel shall be heard by the Chief Criminal or Chief MRJC Judge.
Page 37 | 16.3 CASE ASSIGNED TO TRIAL
Continuance motions must be ruled on by the Chief Criminal or Chief MRJC Judge, not the trial judge, unless the trial judge is authorized; the case is immediately returned for that ruling.
If a case has been assigned to a courtroom for trial and the judge believes a continuance may now be warranted, the case shall be immediately returned to the Chief Criminal or Chief MRJC Judge for ruling on the motion. Continuance motions are not properly heard by the trial judge, except if authorized by the Chief Criminal or Chief MRJC Judge.
Page 37 | 16.2 TRIAL CONTINUANCE
Changes to a confirmed trial date are granted only upon motion to the Chief Criminal Judge or Chief MRJC Judge for good cause based on unforeseen circumstances.
Once a trial date is confirmed, any change in the trial date will be granted, only upon motion, by the Chief Criminal Judge or the Chief MRJC Judge, for good cause on the basis of unforeseen circumstances.
Page 37 | 16.2 TRIAL CONTINUANCE
To reschedule an arraignment after a failure to appear, defendants or defense counsel must contact the Prosecuting Attorney's office.
Defendants or defense counsel must contact the Prosecuting Attorney's office to reschedule an arraignment.
Page 40 | 17.1 ARREST WARRANT/ARRAIGNMENT
To quash a bench warrant issued at sentencing and reset the sentencing date, defense counsel must contact the sentencing judge.
Defense counsel must contact the sentencing judge to schedule a motion to quash the warrant and re-set the sentencing date.
Page 40 | 17.3 BENCH WARRANT AT SENTENCING
After pre-assignment, the assigned judge handles all pretrial management and pretrial motions, but motions to continue the trial date are reserved to the Chief Criminal Judge and Chief MRJC Judge unless the parties agree otherwise.
Once a case is pre-assigned, all pre-trial management is handled by the assigned judge including discovery conferences, the omnibus hearing, and all pre-trial motions, except that motions to continue trial are reserved to the Chief Criminal Judge and Chief MRJC Judge, unless otherwise agreed.
Page 41 | 18 PRE-ASSIGNED CASES
Continuances of sentencing beyond the standard two-to-four week window may be granted only by the assigned sentencing judge, the Chief Criminal Judge, or the Chief MRJC Judge.
Longer continuances of sentencing may be granted only by the assigned sentencing judge, the Chief Criminal Judge, or the Chief MRJC Judge.
Page 42 | 19 SENTENCING
Contested requests to continue sentencing must be noted for a motion to continue sentencing before the assigned judge.
If one party is seeking a continuance of sentencing to which the other party objects, the matter shall be noted for a motion to continue sentencing before the assigned judge.
Page 45 | 19 SENTENCING
Any change to a sentencing date must first be approved by both parties and the assigned sentencing court.
Any change in sentencing date must first be approved by both parties and by the assigned sentencing court.
Page 45 | 19 SENTENCING
If a sentencing hearing is anticipated to take more than 15 minutes, counsel must reschedule the sentencing date with the sentencing court.
If sentencing is anticipated to take more than 15 minutes, reschedule the sentencing date with the sentencing court;
Page 46 | 19.6 EXCEPTIONAL SENTENCES
A pre-trial omnibus continuance is scheduled by first setting the new trial date, from which the new omnibus hearing (held at 1:00 p.m. Monday-Thursday) and the expiration date (30 days after the trial date for most cases) are calculated.
The protocol for a pre-trial omnibus continuance is as follows: The dates are based on setting the new trial date and then calculating the new pre-trial omnibus hearing and expiration date from there. Pre-trial omnibus hearings will be at 1:00 p.m. Monday-Thursday. The expiration date will be set 30 days after the trial date (for most cases) per CrR 3.3(b)(5).
Page 26 | 11.1 CONTINUANCE OF PRE-TRIAL OMNIBUS HEARING
The court expects the originally set trial date to hold, with continuances allowed only for unforeseeable circumstances.
It is the expectation of the court that the date originally set for trial will be the trial date, absent unforeseeable circumstances.
Page 29 | 12 TRIAL TRACK: FRIDAY OMNIBUS CALENDAR
Motions to shorten time should be presented to the criminal motions judge rather than another judicial officer.
Motions to shorten time should be presented to the criminal motions judge.
Page 32 | 14.2 SETTING A CRIMINAL MOTION
Trial judges must consult the Chief Criminal Judge or Chief MRJC Judge before granting a recess longer than one day.
If the trial judge finds that a case requires a recess longer than one day, the trial judge shall first consult with the Chief Criminal Judge or Chief MRJC Judge about the proposed recess.
Page 36 | 16 TRIALS
When an attorney does not become available from another trial, staff prepares a continuance order stating the reason and presents it to the Chief Criminal or Chief MRJC Judge for signature.
If the attorney does not conclude another trial and become available, a Criminal Department staff member will prepare an order continuing trial, stating the reason for the continuance, and present the order to the Chief Criminal Judge or Chief MRJC Judge for signature.
Page 38 | 16.4 CASE ON STANDBY
If a defendant is arrested on a bench warrant issued at sentencing, defense counsel may contact the sentencing court or the Sentencing Coordinator to reschedule the hearing.
If the defendant is arrested on the bench warrant, defense counsel may contact the sentencing court or the Sentencing Coordinator to reschedule the hearing.
Page 40 | 17.3 BENCH WARRANT AT SENTENCING
The court should avoid continuing sentencings of in-custody defendants to Friday afternoons unless that court already has a scheduled Friday sentencing calendar, due to DAJD Court Detail staffing demands.
Due to the staffing demands on DAJD Court Detail on most Friday afternoons, the court should avoid continuing the sentencing of in-custody defendant to Friday afternoons when that court does not already have a scheduled sentencing calendar.
Page 42 | 19 SENTENCING
When a sentencing is continued, the assigned judge keeps the case and the hearing should be reset to that judge's next Friday afternoon sentencing calendar or an 8:30 a.m., 1:00 p.m., or 4:00 p.m. setting.
When a sentencing is continued, the assigned judge will keep the case. The sentencing should be continued to that judge's next scheduled Friday afternoon sentencing calendar or to an 8:30 a.m., 1:00 p.m., or 4:00 p.m. setting.
Page 42 | 19 SENTENCING
A continued sentencing hearing will be heard at a later date by the judge to whom the sentencing was originally assigned.
When a sentencing hearing is continued, it will be heard at a later date by the judge to whom the sentencing was originally assigned.
Page 45 | 19 SENTENCING
Chambers Communication Rules
For a Seattle CCAP violation, the State must email the proposed warrant and Notice of Violation to SeaCriminalMotions@kingcounty.gov and copy defense counsel.
For a CCAP violation, the State must email a copy of the proposed warrant and Notice of Violation to SeaCriminalMotions@kingcounty.gov and copy defense counsel.
Page 19 | 7.4 NOTICE OF VIOLATION FROM EHD OR CCAP (Seattle)
Defense counsel must email Seattle Criminal Motions or Kent Criminal Motions (cc'ing the assigned DPA or PAO Records) at least two court days in advance to state their intent to address release at the first omnibus hearing after booking on a warrant.
Defense counsel must affirmatively state their intent to address release by emailing Seattle Criminal Motions or Kent Criminal Motions and cc'ing the assigned DPA or PAO Records. Two court days' notice must be provided.
Page 19 | 7.3 RETURN ON WARRANT
For Kent (MRJC) violations, the State must email the proposed warrant and Notice of Violation to the MRJC Chief Judges Bailiff and copy defense counsel.
The State must email a copy of the proposed warrant and Notice of Violation to the MRJC Chief Judges Bailiff and copy defense counsel.
Page 20 | 7.4 NOTICE OF VIOLATION FROM EHD OR CCAP (Kent)
Proposed orders with motions to seal must be sent first to the Chief Criminal or Chief Juvenile Judge by email, unless the attorney gets specific permission from the judge.
If the proposed order is accompanied by a motion to seal, defense shall send the documents first to the Chief Criminal Judge or Chief Juvenile Judge. Proposed orders with motions to seal must be submitted by e-mail to the Chief Criminal Judge (seacriminalmotions@kingcounty.gov) or Chief Juvenile Bailiff unless the attorney receives specific permission from the judge
Page 24 | 10.2 MOTIONS TO SEAL
Guilty pleas are scheduled by email to the designated plea court address (pleacourtMRJC@kingcounty.gov for Kent; pleacourtseattle@kingcounty.gov for Seattle).
For Kent designated cases, a plea can be scheduled by e-mailing pleacourtMRJC@kingcounty.gov For Seattle designated cases, a plea can be scheduled by e-mailing pleacourtseattle@kingcounty.gov
Page 34 | 15.1 SCHEDULING A PLEA ON THE PLEA CALENDAR
In Kent, if there is an emergent need, the State should indicate it in an email to KentCriminalMotions@kingcounty.gov so the matter may be added to the 8:30 expedited motion calendar Monday through Thursday or omnibus on Friday.
If there is an emergent need to hear the matter, the State should so indicate in their email to KentCriminalMotions@kingcounty.gov and the matter may be added to the 8:30 expedited motion calendar Monday – Thursday, and OH on Friday.
Page 20 | 7.4 NOTICE OF VIOLATION FROM EHD OR CCAP (Kent)
MRJC/Kent pleas and sentencings may be scheduled by phone at (206) 477-2741 or by email to pleacourtMRJC@kingcounty.gov.
Scheduling Pleas and Sentencings (206) 477-2741 Pleas and sentencings also may be set by emailing: pleacourtMRJC@kingcounty.gov
Page 12 | 4.2 MRJC/KENT
Criminal motions and bond hearings at MRJC/Kent may be scheduled by phone at (206) 477-2730 or by email to kentcriminalmotions@kingcounty.gov.
Scheduling Criminal Motions & Bond Hearings (206) 477-2730 These hearings also may be set by emailing: kentcriminalmotions@kingcounty.gov
Page 12 | 4.2 MRJC/KENT
KCCH/Seattle pleas and sentencings may be scheduled by phone at (206) 477-1482 or by email to pleacourtseattle@kingcounty.gov.
Scheduling Pleas and Sentencings (206) 477-1482 Pleas and sentencings also may be set by emailing: pleacourtseattle@kingcounty.gov
Page 12 | 4.1 KCCH/SEATTLE
Interpreter services at MRJC/Kent may be reached at (206) 477-1372 or by email to interser@kingcounty.gov.
Interpreters: interser@kingcounty.gov (206) 477-1372
Page 12 | 4.2 MRJC/KENT
1:00 pm Expedited Motions in KCCH/Seattle may be scheduled by phone at (206) 477-1617 or by email to seacriminalmotions@kingcounty.gov.
Scheduling 1:00 pm Expedited Motions (206) 477-1617 These hearings also may be set by emailing: seacriminalmotions@kingcounty.gov
Page 12 | 4.1 KCCH/SEATTLE
Bond hearings and criminal motions in KCCH/Seattle may be scheduled by phone at (206) 477-1441 or by email to seacriminalmotions@kingcounty.gov.
Scheduling Bond Hearings and Criminal Motions (206) 477-1441 These hearings also may be set by emailing: seacriminalmotions@kingcounty.gov
Page 12 | 4.1 KCCH/SEATTLE
Bond motions are noted by email at seacriminalmotions@kingcounty.gov (Seattle) or kentcriminalmotions@kingcounty.gov (Kent).
Parties may note bond motions by using the following contact information: • Seattle: seacriminalmotions@kingcounty.gov. • Kent: kentcriminalmotions@kingcounty.gov.
Page 18 | 7.2 SETTING A BOND HEARING
Either party may request an expedited hearing by email to SeaCriminalMotions@kingcounty.gov, and if approved the matter may be added to the 1:00 p.m. expedited motion calendar Monday through Thursday.
Either party can request an expedited hearing by making such a request in an email to SeaCriminalMotions@kingcounty.gov. If approved by the court, the matter may be added to the 1:00 p.m. expedited motion calendar Monday – Thursday.
Page 19 | 7.4 NOTICE OF VIOLATION FROM EHD OR CCAP (Seattle)
Either party may request an expedited hearing on an EHD NOV by email to SeaCriminalMotions@kingcounty.gov.
Either party can request an expedited hearing on an EHD NOV by making such a request in an email to SeaCriminalMotions@kingcounty.gov.
Page 20 | 7.4 NOTICE OF VIOLATION FROM EHD OR CCAP (Seattle)
Expedited motions may be scheduled by phone or in person, with email preferred (Seattle: (206) 477-1617 / seacriminalmotions@kingcounty.gov; Kent: (206) 477-2730 / kentcriminalmotions@kingcounty.gov).
person although the preference is to send an e-mail to the following address. • Seattle: (206) 477-1617, seacriminalmotions@kingcounty.gov. • Kent: (206) 477-2730, kentcriminalmotions@kingcounty.gov.
Page 31 | 13 EXPEDITED MOTIONS CALENDAR
Criminal motions are set by contacting the clerk (Seattle: (206) 477-1617 / seacriminalmotions@kingcounty.gov; Kent: (206) 477-2730 / kentcriminalmotions@kingcounty.gov).
To set a motion, please use the following contact information: • Seattle: (206) 477-1617, seacriminalmotions@kingcounty.gov. • Kent: (206) 477-2730, kentcriminalmotions@kingcounty.gov.
Page 32 | 14.2 SETTING A CRIMINAL MOTION