Lower Kittitas County District Court

The Lower Kittitas County District Court is one of two district courts in Kittitas County. The Presiding Judge of the Lower Kittitas County District Court is Thomas A. Haven and the Court Commissioner is James E. Hurson. The Court Administrator is Christine A. Luvera. The Lower District Court's Public Record's Officer is Christine A. Luvera. For a brochure that will assist you in understanding how to access court records and the restrictions on access please review the useful links at the bottom of the page.

On this page

• Local Rules
• General Orders
• Infractions
• Civil Fees
• SMD Certificates
• Useful Links

Listen to the arraignment hearings held June 2, 2008: (this requires the Adobe Flash player)

Local Rules

The Lower Kittitas County District Court has five local court rules:

1. LCrR 4.5 (15 KB), governs a variety of criminal pre-trial proceedings, including stays of proceedings and deferred prosecutions. There are mandatory forms included in LCrR 4.5 (15 KB) for:
   1. Stipulated Pre-Trial Statement of Readiness (12 KB);
   2. Deferred Prosecution Findings of Fact, Conclusions of Law, and Order (18 KB); and
   3. Stipulation for and Order for Stay of Proceedings (21 KB).
2. LCrR 7.2(f) (9 KB) governs the requirements for chemical dependency assessments used in criminal cases.
3. LGR 17(a)(7) (8 KB) governs the filing of facsimile transmissions with the court.
4. LIR 3.5(f) (10 KB) allows defendants in mitigation and contested infraction cases to submit testimony by written statement instead of appearing personally at a court hearing and includes a form for a "hearing by mail."
5. LIR 6.6(e) (13 KB) governs requests for SMD experts in traffic infraction cases.

General Orders

• An acceptable form of "digital signature" for electronic documents filed in the Lower Kittitas County District Court & Non-attorney signatures signed under penalty of perjury 464 KB, 21 Jan 2010

Infractions

The information contained here is intended to address frequently asked questions. It is not comprehensive and should not be construed as legal advice. Those in need of legal advice should consult an attorney.

If you received a green copy of a ticket from a police officer, it is a non-criminal offense that cannot be punished by a jail sentence. You must however, respond within fifteen (15) days from the date issued. A mailed response must be mailed not later than midnight on the day the response is due.

How do I respond to a notice of infraction?

To respond, you must check one of the boxes on the green copy you received and return the form to the court listed on the front. View the options listed on the back of your notice of infraction223 KB. You must respond within fifteen (15) days from the date issued. A mailed response must be mailed not later than midnight on the day the response is due.

Payment by mail must be by check or money order (do not send cash) and must have the defendant's full name and citation number on the face of the check or money order. Checks or money orders must be made payable to the Lower Kittitas County District Court.

What happens if I do not respond to a notice of infraction or if I fail to appear for a scheduled infraction hearing?

If your failure to respond or appear is for traffic infraction, this will happen:

• The court will find that you committed the infraction.
• You will lose your driver's license or privilege to drive.
• Your penalty will be increased.
• Also, if you don't pay, your case may be sent to a collection agency.

If your failure to respond or appear is for a non-traffic infraction, this will happen:

• The court will find that you committed the infraction.
• Your penalty may be increased.
• Also, if you don't pay, your case may be sent to a collection agency.

May I pay by telephone with a credit card?

Yes, you may use your credit card to pay a penalty by telephone. To pay your infraction penalty by telephone, call (800) 548-0041

May I have a time payment agreement?

This depends on whether the status of your case still qualifies for a time payment agreement. You may find this out by calling our office at 509 962-7511.

If your case qualifies for time payments, upon your request the clerk will either mail you a time payment agreement or will allow you to print your own by clicking on the attached link. If you print your own, the clerk will need to give you a set-up deadline and the balance owing to write on your application prior to submission.

The court uses Signal Credit to monitor your time payment agreement and Signal Credit is where you will be mailing your request and payments. Please read the time payment agreement application carefully prior to submission.

Your submission will be rejected by Signal Credit if;

1. there is no correctly written set-up deadline;
2. there is no correctly written balance owing;
3. there is no correct case number;
4. your application is not filled out completely;
5. or if you do not send the correct down payment amount.

Signal Time Payment Application 189 KB

How can I keep a traffic infraction off my driving record?

A traffic infraction can be kept off of your Department of Licensing driving record if the court allows a deferred finding.

The Lower Kittitas County District Court does, in appropriate cases, defer findings in traffic infraction cases. If you would like the court to consider a deferred finding in your case, you may make your request at the time of your hearing or complete a form to request a deferred finding by mail220 KB. If you qualify for a deferred finding, the court will prepare a deferred finding order and mail the form to you for your signature. A deferred finding request by mail must be received by the court no later than seven (7) days prior to the date set for your hearing.

The essential features of the deferred findings program in the Lower District Court are as follows:

• The court defers the entry of a finding of "committed" for a period of one year. This means that the
  infraction does not appear on a Department of Licensing driving record.
• A "deferred finding" infraction is dismissed at the end of the one-year period if the defendant:
  •  Does not commit any traffic infractions or criminal traffic offenses during this one-year period;
  • Pays an administrative fee (court costs) of $175, and;
  •  Completes a traffic safety course lasting at least four hours.
• Should the defendant fail to comply with the conditions of the court's order, the court will find the
  infraction committed and will impose the entire penalty stated on the Notice of Infraction. Any
  administrative fee paid (or owed) will not be applied as a credit towards the penalty imposed by the
  court.
• If any traffic infractions or criminal traffic offenses are pending at the end of the one-year period, the court will defer the review until the traffic infraction or criminal traffic offense has been resolved. Any traffic infraction or criminal traffic offense charged within one year from the date of the deferred finding order will be deemed committed unless the charge is resolved by an unconditional dismissal, a "not guilty" verdict, or a finding of "not committed*."
  • *"Committed" is defined as including any traffic infraction or criminal traffic offense resolved by a stay of proceedings, a stipulated order of continuance, or any other agreement which consists of a continuance with conditions, even if the ultimate disposition of the traffic infraction is a dismissal, amendment of charge, or finding of "not committed."
• A defendant is entitled to only one deferral of infraction for a moving traffic violation in a seven-year period and one deferral of infraction for a non-moving traffic violation in a seven-year period. Commercial drivers (those who have a CDL) are not eligible for deferred findings.

May I have a hearing by mail?

Yes, you may have a mitigation or contested hearing by mail. At the time you request a mitigation or contested hearing and up until 7 days PRIOR to the scheduled hearing date, you have the option of a mitigation or contested hearing by mail. If you decided to proceed with a hearing by mail, you will not be required to appear in court although you will receive a hearing notice. The court must receive your written statements at least 7 days PRIOR to the scheduled hearing date.

• Mitigation Hearing by Mail229 KB form.
• Contested Hearing by Mail22 KB form.

The court will review your statement and reports submitted by the citing officer and render a decision. That decision will be mailed to you. In the case of a mitigation hearing, the infraction is found committed, a monetary penalty will be determined, and if you have committed a traffic infraction, the finding will be reported to the Department of Licensing. In the case of a contested hearing, if the court finds that the infraction has been committed it will impose a monetary penalty and, if you have committed a traffic infraction, the finding will be reported to the Department of Licensing. The penalty will be based on the facts of the case and your driving record. You must agree to pay the court-ordered penalty within the specified time ordered by the judge. You will be notified by mail of the judge's decision. There is NO right to appeal the judge's decision.

If the court does not receive your statement and you fail to appear for the hearing, the infraction will automatically be found committed and (for a traffic infraction) a $52 default penalty will be added. Your failure to appear or pay the fine and assessed penalty will be reported to the Department of Licensing (DOL), and your license may be suspended by the Department of Licensing. In addition, your unpaid fine and penalty will be sent to a collection agency where you will also be charged collection fees.

May I have an electronic hearing or email hearing?

Yes, you may have a mitigation or contested hearing by email. At the time you request a mitigation or contested hearing and up until 7 days PRIOR to the scheduled hearing date, you have the option of a mitigation or contested hearing by email. If you decided to proceed with a hearing by email, you will not be required to appear in court although you will receive a hearing notice.

• Electronic Mitigation/Contested Hearing

The court will review your statement and reports submitted by the citing officer and render a decision. That decision will be emailed to you. In the case of a mitigation hearing, the infraction is found committed, a monetary penalty will be determined, and if you have committed a traffic infraction, the finding will be reported to the Department of Licensing. In the case of a contested hearing, if the court finds that the infraction has been committed it will impose a monetary penalty and, if you have committed a traffic infraction, the finding will be reported to the Department of Licensing. The penalty will be based on the facts of the case and your driving record. You must agree to pay the court-ordered penalty within the specified time ordered by the judge. You will be notified by email of the judge's decision. There is NO right to appeal the judge's decision.

If the court does not receive your statement and you fail to appear for the hearing, the infraction will automatically be found committed and (for a traffic infraction) a $52 default penalty will be added. Your failure to appear or pay the fine and assessed penalty will be reported to the Department of Licensing (DOL), and your license may be suspended by the Department of Licensing. In addition, your unpaid fine and penalty will be sent to a collection agency where you will also be charged collection fees.

May I still have a hearing if I failed to respond within 15 days or if I failed to appear at a scheduled hearing?

Usually, the answer to this question is "no." In most cases, if you failed to respond to a notice of infraction within 15 days or you failed to appear at a scheduled hearing, your only option is to pay the penalty imposed by the court. However, there are occasionally reasons compelling enough for the court to excuse your failure to respond to a notice of infraction or appear for a hearing.

If you did not respond to a notice of infraction within 15 days, or you did respond but did not appear for your court hearing, you may ask the court to set aside its "committed" judgment for good cause and set your case for a hearing. To ask the court to set aside the judgment in your case, you must use the court's form captioned Request to Vacate Infraction Judgment & Set Case for Hearing229 KB. This form must be mailed or otherwise delivered to the Lower Kittitas County District Court. A judge will review your request, and you will be notified by mail of the judge's decision. If the judge determines that your failure to respond or appear for a scheduled hearing should be excused, you will be notified of the date and time for your court hearing.

Forms to Download

• Mitigation Hearing by Mail 229 KB
• Contested Hearing by Mail 22 KB
• Request to Vacate Infraction Judgment & Set Case for Hearing 229 KB
• Request for Deferred Finding Application 220 KB

SMD Certificates

Pursuant to IRLJ 6.6(d), the Lower Kittitas County District Court maintains as public records certifications concerning the design and construction of electronic speed measuring devices and laser speed measuring devices. To download copies of these SMD certificates, please select from the following choices:

• SMD IRLJ 6.6(b) Laser Certification filed 12/1/2009 156 KB
• SMD IRLJ 6.6(b) Laser Certification filed 6/1/2009 429 KB
• SMD IRLJ 6.6(b) Laser Certification filed 1/8/2009 412 KB
• SMD IRLJ 6.6(b) Laser Certification filed 8/20/2008 393 KB
• SMD IRLJ 6.6(b) Laser Certification filed 4/14/2008 3085 KB
• SMD IRLJ 6.6(b) Laser Certification filed 3/5/2008 1754 KB
• SMD IRLJ 6.6(b) Laser Certification filed 8/8/2007 446 KB
• SMD IRLJ 6.6(b) Laser Certification filed 1/18/2007 393 KB
• SMD IRLJ 6.6(b) Laser Certification filed 6/12/2006 407 KB
• SMD IRLJ 6.6(b) Laser Certification filed 2/16/2006 401 KB
• SMD IRLJ 6.6(b) Laser Certification filed 6/17/2005 367 KB
• SMD IRLJ 6.6(b) Laser Certification filed 2/25/2005 366 KB
   
• SMD IRLJ 6.6(b) Radar Certification filed 12/1/2009 380 KB
• SMD IRLJ 6.6(b) Radar Certification filed 6/1/2009 1454 KB
• SMD IRLJ 6.6(b) Radar Certification filed 1/8/2009 1368 KB
• SMD IRLJ 6.6(b) Radar Certification filed 8/20/2008 1224 KB
• SMD IRLJ 6.6(b) Radar Certification filed 4/14/2008 1497 KB
• SMD IRLJ 6.6(b) Radar Certification filed 3/5/2008 4925 KB
• SMD IRLJ 6.6(b) Radar Certification filed 8/8/2007 1195 KB
• SMD IRLJ 6.6(b) Radar Certification filed 1/18/2007 1094 KB
• SMD IRLJ 6.6(b) Radar Certification filed 6/12/2006 1097 KB
• SMD IRLJ 6.6(b) Radar Certification filed 2/16/2006 1105 KB
• SMD IRLJ 6.6(b) Radar Certification filed 6/17/2005 1032 KB
• SMD IRLJ 6.6(b) Radar Certification filed 2/25/2005 1072 KB

Useful Links

• Access to court records brochure
  http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/accessToCourtRecords 
• Court Rules (State and Local)
  http://www.courts.wa.gov/court_rules/
• DUI Sentencing Grids
  http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/duigrid/index
• Juror's Rights and Responsibilities
  http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.jury_guide
• Revised Code of Washington (RCW)
  http://apps.leg.wa.gov/RCW/
• Washington Administrative Code (WAC)
  http://apps.leg.wa.gov/wac/

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