Criminal Zoom Hearings

 Effective October 26, 2020, there is a presumption that the following proceedings may be heard remotely through Zoom proceedings:

1. Arraignments, except those where the state is requesting that a no contact order be entered, unless the defendant has previously signed the no contact order and it is available for the Judge’s signature at the time of arraignment. If the state is requesting a no contact order at arraignment, the prosecutor shall provide the order to defense counsel with sufficient time to obtain the signature;  
2. Pleas;
3. Motions to Quash Warrant;
4. Trial Setting Hearings;
5. Motions anticipated to last less than 10 minutes;
6. Extended Criminal Motions as approved by the judicial officer hearing the calendar;
7. Motions Call Calendar Friday afternoons;
8. Criminal trial call;
9. Sentencing hearings for misdemeanors, gross misdemeanors, and non-violent felony matters where a victim is not expected to address the court, unless the victim also wishes to appear by video conference and/or agreement of the parties.

There shall be a presumption that the following matters will require an in court personal appearance:

1. Sentencings for felony cases where a victim is expected to be present in person;
2. Sentencings on all violent felony offenses unless both parties agree it can be heard remotely and the assigned Judge concludes it is appropriate to have the matter heard remotely.

Sentencings that require that a defendant be taken into custody shall be done in person only.

Notwithstanding the presumptions above, any Judge scheduled to hear the matter may determine there is good cause to overcome the presumption. Additionally, any party seeking to overcome the presumption above may seek to do so by properly noting and filing a motion before the assigned Judge asking the Court to find good cause to overcome the presumption.

Effective December 11, 2020, there shall be a Warrant Authorization Calendar every Friday at 1pm. If Friday is a Court Holiday, this calendar shall take place at 1pm on the last court day of that week.

Unless previously addressed during another calendar, this calendar shall include all matters from that week, including those on the trial call calendar that morning, in which the State is requesting a bench warrant or the Court, on its own motion, is considering the authorization and issuance of a bench warrant.

This calendar will be held remotely via Zoom to limit the number of participants in the courtroom.  The Zoom meeting information and instructions are included below.

State prosecutors seeking bench warrants for failure to appear may forego the hearing by presenting the Court with an affidavit setting out the facts the prosecutor believes support the issuance of a bench warrant together with proposed findings and a proposed warrant authorization for the Court’s consideration in chambers, provided the prosecutor has informed the Court on the record, in the presence of opposing counsel, that the prosecutor wishes to do so.  The prosecutor must also provide a copy to the defense but need not do so before the Court considers the request.  If the prosecutor indicates intention to proceed in this manner, defense counsel may also file and provide the Court a working copy of an affidavit in opposition to the State’s request, provided the defense counsel has informed the Court in the presence of opposing counsel, that defense counsel wishes to do so.  Defense counsel must also provide a copy to the State but need not do so before the Court considers the affidavit. All affidavits provided to the Court for review must be filed with the Clerk of Court. 

Requirements for Participation in a Zoom proceeding:

All participants, to include attorneys and defendants appearing remotely through Zoom SHALL place their computer or phone on mute and when their case is called SHALL unmute to participate in the hearing.

Any participant, including attorneys and defendants who appear late for their Zoom hearing will remain in the waiting room until the end of the calendar or until the judicial officer authorizes their law clerk to allow the attorney or defendant into the Zoom meeting.

Anyone participating remotely must be visible on the video to confirm their identity. 

To participate via computer: 

1. Ensure your computer has the Zoom software installed.  You may visit Zoom.us to install the needed software at no charge.
   
   If you do not wish to install software, you may utilize the web client.  You must be signed in to a Zoom account and utilize a browser that meets the requirements.  Visit Zoom.us and login to your account to learn more about using the web client.   
2. Ensure your computer has a working camera, microphone and speakers that are compatible with Zoom.  You can do this by joining a test meeting online at Zoom.us/test.
   
   If your microphone and/or speakers do not work, you can use a phone to connect to the audio of the meeting.  However, you must remain on camera for the hearing as well.  Dial 253-215-8782 and enter the meeting id and password below when prompted.  If asked for a participant ID, just press #. 
3. Ensure the internet or network connection you plan to use is steady and will not drop or fade out during your hearing.  Ethernet/wired connections on a computer are best.
4. Ensure you are in a quiet space and turn off voice-activated devices around you when possible.   
5. Click the link below for the appropriate calendar for your hearing at least 10 minutes prior to the hearing start time.
6. When prompted by Zoom for a display name, enter your First and Last Name.  
7. Wait to be admitted to the meeting by the court.  
8. Once admitted to the meeting, you should mute yourself until the court addresses your case or asks you to identify yourself.  Listen carefully.

To participate via smartphone: 

1. Ensure your phone has the Zoom client installed.  You may visit Zoom.us or your phone’s app store to install the needed software at no charge. 
2. Ensure your phone has a working camera, microphone and speakers.  You can do this by joining a test meeting online at Zoom.us/test.   
3. Ensure the internet or network connection you plan to use is steady and will not drop or fade out during your hearing.  
4. Ensure you are in a quiet space and turn off voice-activated devices around you when possible.   
5. Open the Zoom app on your phone and enter the meeting ID and password below for the appropriate calendar for your hearing at least 10 minutes before the start time of your hearing. 
6. When prompted by Zoom for a display name, enter your First and Last Name.  
7. Wait to be admitted to the meeting by the court.  
8. Once admitted to the meeting, you should mute yourself until the court addresses your case or asks you to identify yourself.  Listen carefully.
   

   Calendar	Link	Meeting ID	Password
   Criminal Hearings & Arraignments	Meeting Link	939 8029 8667	595047
   Extended Motions & Omnibus	Meeting Link	996 4146 5489	459926

   
   PROCEDURES FOR VIDEO CONFERENCE SENTENCING
   
   
   
   1. The prosecutor will provide a digital copy of the fingerprint page to the defense counsel in advance of the sentencing hearing.
   2. Defense counsel will provide the fingerprint page to the defendant and a Notary Public.
   3. Defendant/defense counsel will provide an ink pad for purposes of fingerprinting.
   4. The defendant and the Notary will appear together via video conference according to the standards described above and
      in CrR 3.4(d)(3).
   5. Once the Court has announced its judgment and sentence (J&S), the Notary will identify themselves for the record, be sworn, provide his/her contact information, verify the defendant’s identity via photo ID, observe the affixing of the fingerprints to the page, and then notarize the fingerprint page.
   6. The camera angle for the video conference will be wide enough for the clerk to observe the defendant’s hands as they affix the fingerprints to the page in compliance with RCW 10.64.110.
   7. The notary will then send the notarized fingerprint page to the clerk’s office via overnight delivery to Snohomish County Clerk’s office, Attention Courtroom Operations, 3000 Rockefeller Ave, MS 605, Everett, WA 98201.
   8. Once the fingerprinting is complete, the defendant will waive presence at the formal signing of the J&S.  Defense counsel will review the J&S with their client, and electronically sign the orders according to SCLGR 30. A, and will return the signed documents to the prosecutor.  
   9. The prosecutor will then sign and provide it to the Court for final signature and filing.
   10. If the defendant is ordered to serve a jail or prison sentence, or submit a DNA sample, appropriate orders will be entered with a date for the defendant to report.