Wash. R. App. P. 16.11

(a) Generally. The Chief Judge will consider the petition promptly after the time has

expired to file petitioner’s reply brief. The Chief Judge determines at the initial consideration if

the petition will be retained by the appellate court for determination on the merits or transferred

to a superior court for determination on the merits or for a reference hearing. Review of a

detention order issued pursuant to RCW 10.21.040 shall be expedited. For the purpose of rules in

this Title 16, “Chief Judge” includes “Acting Chief Judge.”

(b) Determination by Appellate Court. The Chief Judge determines at the initial

consideration of the petition the steps necessary to properly decide on the merits the issues raised

by the petition. If, after consideration of the response and any reply, the Chief Judge determines

that the issues presented are frivolous, the Chief Judge will dismiss the petition. If the petition is

not frivolous and can be determined solely on the record, the Chief Judge will refer the petition

to a panel of judges for determination on the merits. If the petition cannot be determined solely

on the record, the Chief Judge will transfer the petition to a superior court for a determination on

the merits or for a reference hearing. If a petitioner is subject to a pretrial detention order, the

hearing must be expedited pursuant to RCW 10.21.040. The Chief Judge may enter other orders

necessary to obtain a prompt determination of the petition on the merits.

(c) Oral Argument. Decisions of the Chief Judge will be made without oral argument. If

a petition is to be decided on the merits by a panel of judges, the appellate court clerk will set the

petition for consideration by the panel of judges, with or without oral argument. If oral argument

is directed, the clerk will notify the parties of the date set for oral argument.