Memo

Effective March 1, 2017, in an effort to clarify and streamline the procedure for hearing motions to modify release conditions in criminal cases in Klickitat and Skamania County Superior Court, the following procedure has been adopted by the court.  This procedure is consistent with CrR 3.2(j) (1).

1. Defense attorney and/or defendant may request a modification of release conditions at defendant’s preliminary appearance and/or arraignment without the need of filing a motion or a note for motion docket.
2. At any subsequent court hearing wherein the defense counsel and/or defendant will be requesting the court to modify release conditions, the defense counsel and/or defendant shall file a MOTION TO MODIFY RELEASE CONDITIONS and NOTE FOR MOTION DOCKET.  Proposed exemplars are attached herewith, along with a proposed order of release.

Motion to modify release conditions shall state the requested modification, e.g., reduce bail or release on personal recognizance or modify no contact order, etc.; along with requested changes to order, e.g., set bail at $5000 or personal recognizance release or allow telephonic contact, etc.

1. Motions to Modify Release Conditions and Note for Motion Docket shall be filed and served on prosecuting attorney at least one court day prior to the scheduled hearing.
2. Prosecuting attorney shall provide a recitation of the defendant’s criminal history and any information related to failure to appear history to the extent known.  If the defendant’s criminal history has been returned pursuant to the prosecutor’s request under CrR 2.1(e) that information shall be provided to the court.

If you have any questions or concerns regarding the procedure, please do not hesitate to contact me to discuss.

Regards,

Judge Randall C. Krog