concurring specially.
I am compelled to concur in Division 1 only because the majority of our Supreme Court and the majority of this court have previously spoken on this issue.
Nevertheless, I do not believe we discharge our institutional duty fairly and properly service our constituencies, the bench or the bar when we promulgate rules for the orderly operation of this court and then fail, selectively, to enforce them. As I previously said, a case in this posture should be dismissed.