What are the impacts of Initiative 1491 Extreme Risk Protection Orders on the Superior Court?

 

Effective December 8, 2016, Initiative Measure 1491 allows for family, household members, and police to obtain a court order temporarily preventing individuals who are at high risk of harming themselves or others from accessing firearms. This order is known as an Extreme Risk Protection Order. Effective July 28, 2019, petitions will be available for respondent under age 18.

 

  • Jurisdiction: The Superior Courts have jurisdiction over proceedings and full orders; the District and Municipal Courts have limited jurisdiction over issuance and enforcement of Ex Parte Extreme Risk Protection Orders.
  • Forms:
    • The Administrative Office of the Courts (AOC) developed instructions, informational brochures, standard petitions and Extreme Risk Protection Order forms, and a court staff handbook. The following forms are posted on the Court Forms web page:
      • Petition for an Extreme Risk Protection Order
      • Firearms Examples
      • Return of Service
      • Temporary Extreme Risk Protection Order-Without Notice
      • Extreme Risk Protection Order
      • Additional forms for responded under age 18 will be available by July 28, 2019. This answer will be updated when the forms are available.
    • The court must use, and make available, the pattern forms released by AOC.
    • All court clerks may create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located. This list can then be incorporated into the brochure. 
  • Fees: No fees for filing or service of process may be charged by the court or any public agency to petitioners seeking an Extreme Risk Protection Order.  Petitioners are to be provided necessary certified copies, forms, and instructional brochures free of charge.
  • Case Filing: It is required that order be entered into the Judicial Information System (JIS) the same day the order is signed. The Order Add (ORDA) screen in JIS or the Protection Order tab in Odyssey will not be used as the protection order is not protecting the petitioner from the respondent, only the respondent from possessing firearms or a concealed weapons permit.

    Initiating case for SCOMIS courts:
    • Cases are initiated in JIS, using the Non-criminal Case Filing (CIVA) process, as the orders must be on a statewide IN-type person records.
      Note: This would include law enforcement agencies and/or officers.
    • Case type 2
    • New Cause Code: XRP - Extreme Risk Protection Order or  XRU - Extreme Risk Protection Order Respondent Under 18 Years 

 

Initiating case for Odyssey courts:

  • Cases are initiated with Well-identified Parties (WIP) as the orders must be on statewide party records.
    Note: This would include law enforcement agencies and/or officers.
  • Case type 2
  • New Cause Code: XRP - Extreme Risk Protection Order or  XRU - Extreme Risk Protection Order Respondent Under 18 Years 
  • Docket Codes: The following new Docket Codes have been created for use in an Extreme Risk Protection Order case:

 

  • EXRPO - Ex Parte Extreme Risk Protection Order
  • OREXRPO - Reissuance of Extreme Risk Protection Order
  • XRPO - Extreme Risk Protection Order
  • ORTXRPO - Termination of Extreme Risk Protection Order
  • ORRXRPO - Order for Renewal of Extreme Risk Protection Order
  • RCPFS - Receipt of Firearms Surrender
  • PTXR18 - Petition Extreme Risk Respondent Under 18 Years
  • TMXR18 - Temporary Order Extreme Risk Protection Under 18 Years
  • ORTR18 - Order Transferring Respondent Under 18 Years
  • XRPO18 - Extreme Risk Protection Order - Respondent Under 18 Years
  • ORXPR18 - Order Reissuing Temporary Extreme Risk Protection Order Under 18 Years

    Note: As the ORDA screen and the Protection Order tab are not being used, the expiration date will not appear in the systems. Therefore, the following step will need to be taken:

    SCOMIS Courts: On the orders containing an expiration date, add a Note below the docket code stating the expiration date:


SCOMIS Note

 

Odyssey Courts: On any orders containing an expiration date, add an expiration date from the Add Event Dialog Box:


Odyssey Expiration 

 

Also, the courts may still use existing Docket Codes that are not specific to an Extreme Risk Protection Order:

  • PT - Petition
  • ORDYMT - Order Denying Motion/Petition
  • NTHG - Notice of Hearing
  • MT - Motion
  • CSCRIM - Cover Sheet for Criminal History 


Petition for Extreme Risk Protection Order:

  • A petition for an extreme risk protection order must be filed in the county where the petitioner or the respondent resides.
  • If the petitioner is a law enforcement agency, they are to notify a family or household member of the respondent prior to filing. In addition, they are to note that the notification was made in the petition.
  • The court administrator shall verify the terms of any existing order governing the parties.
  • The court cannot delay granting relief due to the existence of a pending action between parties or verifying the terms of an existing order. 


Ex Parte Orders:

  • The court shall hold a hearing in person or by telephone within one judicial day of an Ex parte Temporary Extreme Risk Protection Order petition being filed.
  • If a full hearing is granted, it shall be scheduled within 14 days, the respondent must be personally served, and the temporary order expires the day of the hearing.
  • If the court declines to issue an Ex Parte Extreme Risk Protection Order, the court shall state the reason for the denial.


Full Orders:

  • Full Extreme Risk Protection Orders shall be effective for one year.
  • Personal service of the order is required unless the respondent appeared in person. If law enforcement cannot serve the order within 10 days, they shall notify the petitioner and request additional information to make service.
  • A new hearing shall be scheduled within three judicial days for proof that any firearms have been surrendered to law enforcement. The court may dismiss the hearing upon receipt of the surrender from law enforcement.


Surrender of Firearms: 

  • The law enforcement officer taking possession of the firearms is to issue a receipt identifying all firearms. A copy of the receipt is to be given to the respondent, a copy is to be kept with the law enforcement agency, and the original receipt is to be filed with the court within 72 hours.
  • If the respondent fails to surrender firearms, and probable cause exists, the court shall issue a search warrant. 


WASIS and NICS Entry: Within one judicial day, ex parte and full orders are to be forwarded to law enforcement for entry into the Washington State Information System (WASIS) and the National Instant Criminal background Check System (NICS). 


DOL Notification: The court is required, within three judicial days after an Ex Parte or full Extreme Risk Protection Order is issued, to forward a copy of the respondent's driver's license or ID card, or comparable information, and the date the order was issued, to the Department of Licensing (DOL). AOC will utilize Electronic Reporting of Case Information to the Department of Licensing (DOL) - Firearms Section tool to automatically send the information based on the following docket codes: EXRPO, OREXRPO, XRPO, ORTXRPO, ORRXRPO, TMR18, XRPO18, ORXPR18. See above for details of docket codes.


Expiration of Orders: The court is required to notify the petitioner of the impending expiration date. The petitioner must receive notice within 105 calendar days. AOC is currently working on a solution and this answer will be updated when more information is available.


Renewal of Orders:

  • A family or household member of the respondent or law enforcement may move for a renewal of the order any time within 105 days of the expiration of the order. If the motion comes from someone other than an original petitioner, add the new petitioner to the case.
  • A hearing shall be set for the motion to renew within 14 days of being filed.
  • Renewal of the Extreme Risk Protection Order is for one year.


Termination of Orders:

  • A respondent may submit one written request for hearing to terminate the order every 12 months. No limitation on the petitioner filing.
  • Upon request for termination, the court shall set a hearing. The motion to terminate must be served on the petitioner prior to the hearing being scheduled. The hearing must be at least 14 days but no more than 30 days from the date of service. There are no limitations on when the petitioner files.
  • If an Extreme Risk Protection Order is terminated before its natural expiration date, the court must notify the Department of Licensing and law enforcement for removal from WASIS and NICS. 


Law Table:

  • 2 new gross misdemeanors and 1 Class C felony are added:
    • Person who files a petition that is false or is intended to harass.
    • First 2 violations of a person who has firearms when prohibited from doing so by order. Subsequent violations are a Class C felony. 
  • Laws will not be added to the law table until they are codified. Contact customer service if the law needs to be added prior to being codified. This answer will be updated when the laws have been added. 

 

RN id: 2439