THE SUPREME COURT SUSAN L. CARLSON STATE OF WASHINGTON TEMPLE OF JUSTICE SUPREME COURT CLERK PO. BOX 40929 WA 98504-0929 ERIN L. LENNON DEPUTY CHIEF STAFF ATTORNEY (1360;l 357-2077 email: 005417.; October 5, 2020 WASHINGTON DC 7 0 8 2020 LETTER SENT BY E-MAIL SUP w? OURT CLERK Dmitri L. lglitzin Hon. Barbara Miner, Clerk Danielle Elizabeth Franco-Malone (sent by U.S. mail only) Barnard lglitzin Lavitt LLP King County Superior Court 18 W. Mercer Street, Suite 400 516 3rd Avenue, Room E609 Seattle, WA 98119-3971 Seattle, WA 98104-2361 Janine Elizabeth Joly Jennifer H. Atchison King County Prosecuting Attorney?s Of?ce 500 4th Avenue Seattle, WA 98104-2337 John McKay Christopher Cameron Morley Jordan Caine Harris Davis Wright Tremaine LLP 920 5th Avenue, Suite 3300 Seattle. WA 98104-1610 Re: Supreme Court No. 99089-1 - In Re the Matter ofthe Recall Charges Against City of Seattle Councilmember, Kshama Sawant King County Superior Court No. 20-2?13314-1 SEA Clerk and Counsel: City of Seattle Councilmember Kshama Sawant?s OF APPEAL T0 WASHINGTON SUPREME which was filed in the King County Superior Court on October 2, 2020, was forwarded to this Court by the Clerk ofthe Superior Court pursuant to RAP 5.4 and received on October 2, 2020. The appeal has been assigned the above referenced Supreme Court case number. The parties may be aware that an expedited process for recall appeals is established in RCW 29A.56.270. The Court?s Rules of Appellate Procedure (RAP), speci?cally RAP 18.22 supersedes that statute to the extent ot?the procedure in the appellate court. However. the court Page 2 No. 99089-1 October 5, 2020 will consider the legislature?s treatment ofrecall cases as ?urgent and deserving of accelerated procedure.? See In re Recall of West, 156 Wn.2d 244, 251 n.2 (2006). To the extent that a party to this matter is seeking accelerated review, a motion for accelerated review should be served and ?led. Any such motion should propose speci?c due dates for the perfection ofthe record and brie?ng. (Recall cases are generally set for consideration at an En Banc Conference after all brie?ng has been ?led.) Until such time as a motion for accelerated review is ?led, the due dates for perfection ofthe record and brie?ng will be as provided for appeals in the Rules of Appellate Procedure. The following schedule sets forth the time requirements for completing the record on review and the ?ling of briefs pursuant to the Rules oI?Appellate Procedure (RAP): I. DESIGNATION OF PAPERS: Within 30 days after the notice of appeal was ?led in the trial court, the Appellant must serve on all other parties and ?le with the trial court clerk with the Clerk ofthis Court a designation of those Clerk?s papers and exhibits the party wants the trial court clerk to transmit to this Court. Any party may supplement the designation of clerk?s papers and exhibits prior to or with the ?ling ofthe party?s last brief. (See RAP 9.6) 2. STATEMENT OF ARRANGEMENTS FOR VERBATIM REPORT OF PROCEEDINGS: lfthe Appellant intends to provide a verbatim report ofthe proceedings, then within 30 days after the notice of appeal was ?led in the trial court the Appellant must serve and ?le with the Clerk ofthis Court a statement that arrangements have been made for the transcription ofthe report. The Appellant must indicate the date the transcription was ordered and the ?nancial arrangements which have been made for payment oftranscription costs. (RAP 9.2). lfthe Appellant arranges for only a partial report of proceedings, then the Appellant must comply with the additional requirements of RAP lfthe Appellant does not intend to provide a verbatim report ofproceedings, a statement to that effect should be served and ?led in lieu ofa statement of arrangements within 30 days after the notice of appeal was ?led. RAP 3. BRIEF (if no report of proceedings ?led): NOTE: IF THE RECORD OF REVIEW DOES NOT INCLUDE A REPORT OF PROCEEDINGS (as defined by RAP 9.2, RAP 9.3 and RAP 9.4). then the Appellant shall ?le an opening brief with the Clerk of this Court within 45 days after ?ling the designation ofClerk?s papers and exhibits. At the same time the Appellant shall _sg_rv_e one copy ofthe brief on every other party and on any amicus curiae ?le with the Clerk ofthis Court proof of such service. RAP 10.2. Page 2 No. 99089-1 October 5, 2020 4. FILING OF REPORT OF PROCEEDINGS: Any report of proceedings must be ?led with the clerk ofthe trial court within 60 days after the statement of arrangements is ?led (RAP As to when, where and how a party may serve and ?le objection to, and proposed amendments to, a narrative report of proceedings or a verbatim report of proceeding. RAP 5. BRIEF (ifa report of proceedings is ?led): Within 45 days after the report of proceedings is ?led, the Appellant shall ?le an opening brief with the Clerk ofthis Court. At the same time the Appellant shall serve one copy ofthe brief on every other party and on any amicus curiae, and ?le with this Court proof of such service. RAP 10.2. 6. BRIEF: Within 30 days after service oprpellant?s brief, the Respondent shall ?le a response brief with the Clerk ofthis Court. At the same time the Respondent shall serve one copy ofthe brief on every other party and on any amicus curiae, ?le with this Court proof of such service. RAP 10.2. 7. REPLY BRIEF: Appellant?s reply brief shall be ?led with the Clerk ofthis Court within 30 days after service of the brief ofthe Respondent. At the same time the Appellant shall serve one copy of the brief on every other party and on any amicus curiae, ?le with the Clerk ofthis Court proof of such service. RAP l0.2. It is noted that in the Rules of Appellate Procedure (RAP) "should? is used when referring to an act a party or counsel is under an obligation to perform. Accordingly, the failure to comply with the above speci?ed time requirements and/or procedures for completing the record on review and the service and ?ling of briefs, may subject the offending party to the sanctions pursuant to RAP 18.9. A request for an extension oftime must be made by motion pursuant to the provisions of RAP Title 17. All briefs and other papers submitted to the Supreme Court to be ?led or considered in a case should be addressed to the Clerk of the Court and should clearly show the information required by RAP 18.23 and APR l3(a). Any request for reasonable attorney fees must be made pursuant to RAP 18.1. At the appropriate time, usually sometime after the Respondent?s response brief has been ?led, the case will be set for consideration by the Court at an en banc conference. Counsel are advised all future correspondence from this Court regarding this case will be sent by an e-mail attachment, not by regular mail. This of?ce uses the e?mail Page 2 N0. 99089-1 October 5, 2020 address that appears on the Washington State Bar Association lawyer directory. Counsel are responsible for maintaining a current business-related e-mail address in that directory. Sincerely, 2% Erin L. Lennon Supreme Court Deputy Clerk ELLzejn