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AGO Opinions with Topic: COURTS
AGO 1980 No. 2 >  January 11, 1980
COURTS - JUVENILE - CRIMES - INFANTS
INFANCY AS DEFENSE TO CHARGED COMMISSION OF JUVENILE OFFENSE The provisions of RCW 9A.04.050, under which children under eight years of age are incapable of committing a crime and children between eight and twelve years of age are presumed to be incapable of committing a crime, do not apply in a proceeding in juvenile court under chapter 13.40 RCW to have such child adjudged a "juvenile offender" as defined in RCW 13.40.020(11).
AGO 1980 No. 3 >  January 17, 1980
COURTS - SUPERIOR - LEGISLATURE
INITIATIVE NO. 62 ‑- FUNDING NEW SUPERIOR COURT JUDGESHIPS In the event that the state legislature, during its current (1980) session, increases the number of superior court judgeships within a given county, the state will be required by § 6(1) of Initiative No. 62 to reimburse that county for its added costs arising by reason of those new judgeships.
AGO 1980 No. 7 >  March 5, 1980
SHOPLIFTING - COURTS
CIVIL ACTION FOR DAMAGES UNDER RCW 4.24.230 ‑- APPLICABILITY TO THEFT OF MEAL FROM RESTAURANT Although he or she would potentially be subject to criminal sanctions under the provisions of RCW 9.45.040, RCW 19.48.110 and chapter 9A.56 RCW, a customer who orders a meal in a restaurant, receives at least a portion thereof and then leaves without paying is not thereby subject to civil liability under RCW 4.24.230 even if it can be proved that he or she intended to obtain such meal without paying the purchase price therefore.
AGO 1971 No. 40 >  December 13, 1971
CITIES AND TOWNS - COURTS - ATTORNEYS - ELIGIBILITY FOR APPOINTMENT TO MUNICIPAL COURT UNDER CHAPTER 3.50 RCW
CITIES AND TOWNS ‑- COURTS ‑- ATTORNEYS ‑- ELIGIBILITY FOR APPOINTMENT TO MUNICIPAL COURT UNDER CHAPTER 3.50 RCW An attorney admitted to practice in the state of Washington may be appointed as a municipal judge of a city which has established a municipal court under chapter 3.50 RCW even though he neither resides nor maintains a law office within such city, provided that he is practicing law within the municipality to the extent of representing clients who reside therein on a substantial and continuing basis.
AGO 1981 No. 4 >  March 30, 1981
COURTS - DISTRICT - MUNICIPAL - MOTOR VEHICLES - TRAFFIC INFRACTIONS
JURISDICTION OF MUNICIPAL OR POLICE COURTS OVER TRAFFIC INFRACTIONS RCW 43.63.040 [46.63.040] does not vest a municipal or police court with jurisdiction over a traffic infraction based on an alleged violation of state law‑-as distinguished from one involving a local, municipal ordinance; therefore, such a court does not have exclusive, or even concurrent, jurisdiction over a traffic infraction case which is so based, even in the absence of a contract with the county to have those traffic infractions committed within the city or town adjudicated by a district court.
AGO 1972 No. 6 >  February 8, 1972
COURTS - JUVENILE - APPLICABILITY OF RCW 74.15.090 TO UNLICENSED FOSTER HOMES RECEIVING DELINQUENT OR DEPENDENT CHILDREN PURSUANT TO COMMITMENTS BY JUVENILE COURTS
COURTS ‑- JUVENILE ‑- APPLICABILITY OF RCW 74.15.090 TO UNLICENSED FOSTER HOMES RECEIVING DELINQUENT OR DEPENDENT CHILDREN PURSUANT TO COMMITMENTS BY JUVENILE COURTS It is not lawful for an "agency" as defined in RCW 74.15.020 to receive and care for a child found by a juvenile court to be delinquent or dependent without being licensed by the department of social and health services in accordance with chapter 172, Laws of 1967 (chapter 74.15 RCW), notwithstanding that the child is placed with such an unlicensed agency pursuant to an order of the court entered under RCW 13.04.095.
AGO 1982 No. 4 >  January 28, 1982
COURTS - JUSTICE COURTS - MOTOR VEHICLES
VENUE IN CASE OF CRIMINAL OFFENSES UNDER MOTOR VEHICLE CODE The proper venue for those violations of the state Motor Vehicle Code which remain criminal offenses under RCW 46.63.020, in those counties governed by the 1961 Justice Court Act, is in the district justice court of the district in which the alleged violation occurred in accordance with RCW 3.66.070.
AGO 1982 No. 5 >  April 12, 1982
MOTOR VEHICLES - COURTS - JUSTICE COURTS
TRAFFIC INFRACTION PENALTY ASSESSMENTS The $25 penalty imposed by § 5(3), chapter 19, Laws of 1981, for failure to respond to a notice of traffic infraction is not subject to the assessments imposed by RCW 43.101.210 or § 7(6), chapter 330, Laws of 1981, but it is subject to the traffic education assessment imposed by RCW 46.81.030.
AGO 1982 No. 9 >  July 16, 1982
CRIMES - COURTS - COUNTIES - CITIES AND TOWNS
PENALTY ASSESSMENTS FOR CRIME VICTIMS' COMPENSATION (1) Under the provisions of § 6, chapter 8, Laws of 1982, 1st Ex. Sess., the Administrator for the Courts is required, in 1983, to compile a report covering crime victims' compensation penalty assessments paid, or due, during calendar year 1982.(2) A crime victims' compensation penalty assessment is to be paid pursuant to RCW 7.68.035(3), as amended by chapter 8, Laws of 1982, 1st Ex. Sess., upon forfeiture of bail where the offense with which the defendant was charged is either (a) a crime defined by state law which is punishable, thereunder, as a felony or a gross misdemeanor, or (b) a crime defined by a city ordinance which is punishable thereunder as a gross misdemeanor and which, in addition, covers conduct which is the same, or substantially the same, as conduct which is defined to be criminal by state law.(3) A crime victims' compensation penalty assessment is to be imposed under RCW 7.68.035(1), as amended, when an accused individual is found guilty of having committed any crime defined by either a state statute or a county or city ordinance, including ordinary misdemeanors, with the exception of those motor vehicle crimes expressly referred to in subsection (2) of the statute, whether defined by state statute or by a substantially similar municipal ordinance.(4) The penalty assessment provided for by RCW 7.68.035(1), as amended, is applicable in the case of a conviction, on or after March 27, 1982, of a crime committed prior to the date.(5) If a person is found guilty of a number of separate counts contained in the same criminal information, each of which represents a separate and distinct crime, a penalty assessment is to be imposed under RCW 7.68.035(1), as amended, on the basis of each such count.(6) A crime victims' compensation penalty assessment is not to be imposed, under RCW 7.68.035, as amended, on an alleged juvenile offender who has undergone diversion proceedings pursuant to chapter 13.40 RCW.
AGO 1991 No. 12 >  March 28, 1991
CITIES AND TOWNS - COURTS - TRAFFIC INFRACTIONS
CITIES AND TOWNS ‑- COURTS ‑- TRAFFIC INFRACTIONS RCW 3.50.030 and 3.30.090 provide for the establishment of violations bureaus to assist in the processing of traffic infraction cases.  A traffic violations bureau does not have the authority to enter default judgments or assess penalties, when a person who is issued a notice of traffic infraction fails to respond.  In addition, a court cannot delegate these judicial functions to a nonjudicial agency such as a traffic violations bureau.
AGO 1972 No. 22 >  September 18, 1972
COURTS - JUSTICE - COUNTIES - CRIMES - FUNDS - COMPENSATION FOR ATTORNEYS OF INDIGENT DEFENDANTS
COURTS ‑- JUSTICE ‑- COUNTIES ‑- CRIMES ‑- FUNDS ‑- COMPENSATION FOR ATTORNEYS OF INDIGENT DEFENDANTS Attorneys who are constitutionally required to be appointed to represent indigent defendants in misdemeanor cases before a district justice court are to be compensated for their services under RCW 10.01.110; however, the costs of such compensation must be drawn from the county current expense fund of the county in which the court is situated and not from justice court revenues under RCW 3.62.050.
AGO 1972 No. 26 >  December 4, 1972
COURTS - JUVENILE - MOTOR VEHICLES - LICENSES - REPORTS OF JUVENILE TRAFFIC VIOLATIONS
COURTS ‑- JUVENILE ‑- MOTOR VEHICLES ‑- LICENSES ‑- REPORTS OF JUVENILE TRAFFIC VIOLATIONS A juvenile court is required by RCW 13.04.120 to forward to the department of motor vehicles the record of its handling and disposition of all juvenile traffic violation cases coming before such court.
AGO 2003 No. 3 >  March 3, 2003
TRAFFIC INFRACTIONS - MOTOR VEHICLES - COURTS
Whether recipient of a notice of traffic infraction is entitled to receive a copy of the infraction bearing the recipient’s own signature The recipient of a “notice of traffic infraction” under RCW 46.63 or a “traffic citation and notice to appear” under RCW 46.64 must be served with a notice or citation that bears his or her signature, assuming the person signed the document.
AGO 1983 No. 21 >  October 13, 1983
COUNTIES - CITIES AND TOWNS - COURTS - FIREARMS - WEAPONS
INFORMATION WHICH MAY BE REQUIRED OF APPLICANT FOR CONCEALED WEAPONS PERMIT A county sheriff, municipal police chief or judge of a court of record may not refuse to issue a concealed weapons permit to an applicant, otherwise qualified, simply because of his or her refusal to be photographed, to produce a valid Washington driver's license, or to indicate his or her federal social security number, or solely on the ground that the applicant lives outside the particular county or municipality involved.  
AGO 1961 No. 56 >  August 15, 1961
COURTS - JUSTICE COURTS - EFFECTIVE DATE OF PROVISIONS OF CHAPTER 299, LAWS OF 1961
COURTS ‑- JUSTICE COURTS ‑- EFFECTIVE DATE OF PROVISIONS OF CHAPTER 299, LAWS of 1961 The enactment of chapter 299, Laws of 1961, relating to justices of the peace and other inferior courts does not affect the functioning of existing justice courts until the second Monday in January, 1963.
AGO 1961 No. 77 >  November 15, 1961
COURTS - SUPERIOR - CLERKS - STATUTE GOVERNING FEES
COURTS ‑- SUPERIOR ‑- CLERKS ‑- STATUTE GOVERNING FEES The clerks of the superior courts, effective June 8, 1961, shall charge $2.00 for the approval of bonds in other than ordinary civil actions or probate proceedings in accordance with the provisions of § 1, chapter 304, Laws of 1961
AGO 1974 No. 7 >  March 25, 1974
COURTS - JUSTICE - ARREST - WARRANTS - CITIES AND TOWNS - POLICE - EXECUTION OF WARRANT
COURTS ‑- JUSTICE ‑- ARREST ‑- WARRANTS ‑- CITIES AND TOWNS ‑- POLICE ‑- EXECUTION OF WARRANT A municipal peace officer may not execute a warrant issued by a municipal court under RCW 3.50.180 outside of the territorial boundaries of the peace officer's municipality.
AGO 1962 No. 116 >  April 18, 1962
COURTS - POLICE - VIOLATION OF STATE MOTOR VEHICLE CODE - JURY TRIAL
COURTS ‑- POLICE ‑- VIOLATION OF STATE MOTOR VEHICLE CODE ‑- JURY TRIAL A person charged with a criminal violation of the state motor vehicle code before a police court judge who is not also a justice of the peace in a second class city does not have a constitutional right to a trial by jury in that court but said right is insured on appeal to the superior court where a jury de novo trial may be demanded.
AGO 1975 No. 3 >  February 10, 1975
OFFICES AND OFFICERS - COUNTY - JUDGES - COURTS - SALARY - AUTHORITY OF SUPERIOR COURT JUDGES
OFFICES AND OFFICERS ‑- COUNTY ‑- JUDGES ‑- COURTS ‑- SALARY ‑- AUTHORITY OF SUPERIOR COURT JUDGES (1) Where the salary of a superior court aide is fixed by statute, or by the county commissioners or other legislative authority pursuant thereto, a judge of the court is without power to set a higher salary by a directive or order in a nonjudicial proceeding; the court may, however, entertain an action for a writ of mandamus to require the salary fixing authority to raise the salaries of its personnel, but it will only be justified in granting the writ if, applying recognized judicial standards, it finds that the legislative authority involved has acted arbitrarily or capriciously.  (2) Under RCW 2.28.139 it is the obligation of each county (acting through its county commissioners) to furnish the courtroom and related necessary facilities for the conduct of the superior court; if the county fails to do so, the court may order the sheriff to provide the requisite facilities at county expense or, if this administrative remedy fails, the court may compel the commissioners to comply with the requirement of the statute by issuance of a writ of mandamus in a judicial proceeding ‑ subject to a right of appeal and all other procedural requisites of a regular court case.
AGO 1962 No. 136 >  May 17, 1962
COURTS - SUPERIOR - CLERKS - FEES - STATE DEPARTMENT OF LICENSES
COURTS ‑- SUPERIOR ‑- CLERKS ‑- FEES ‑- STATE DEPARTMENT OF LICENSES Clerks of the superior court may not charge a fee to the state department of licenses for performing the duty required by statute of submitting to the director of licenses certified abstracts of certain traffic convictions and certified records of any judgment for damages rendered with respect to certain traffic offenses.
AGO 1979 No. 10 >  May 10, 1979
CRIMES - COURTS - SENTENCES - SENTENCING PROCEDURE UPON PLEA OF GUILTY TO FIRST DEGREE OF MURDER UNDER AGGRAVATING CIRCUMSTANCES
CRIMES ‑- COURTS ‑- SENTENCES ‑- SENTENCING PROCEDURE UPON PLEA OF GUILTY TO FIRST DEGREE OF MURDER UNDER AGGRAVATING CIRCUMSTANCES The sentencing procedure for murder in the first degree set forth in RCW 9A.32.040(2) does not apply so as to permit a person to be sentenced to life imprisonment without the possibility of parole upon a plea of guilty to first degree murder with an aggravating circumstance.
AGO 1979 No. 11 >  May 15, 1979
SHOPLIFTING - COURTS - CIVIL ACTION FOR DAMAGES UNDER RCW 4.24.230
SHOPLIFTING ‑- COURTS ‑- CIVIL ACTION FOR DAMAGES UNDER RCW 4.24.230 (1) If gasoline in the pumps is offered and marked for sale by a business, the wrongful act of converting this product is covered by RCW 4.24.230 as a wrongful taking of goods, wares or merchandise displayed or offered for sale.  (2) A cause of action for wrongful conversion may be brought under RCW 4.24.230 even though no "actual damages" are alleged.  (3) Where the amount claimed consists in part or in whole of penalties authorized under RCW 4.24.230 but the claim in its entirety does not exceed $300, a special action for wrongful conversion may be brought in the small claims department of a justice court operating under chapters 3.30 through 3.74 RCW.
AGO 1979 No. 5 >  March 21, 1979
COURTS - JUDGMENTS - GARNISHMENT - EXECUTION - DIVORCE AND DISSOLUTION - STATUS OF ORDERS FOR THE PAYMENT OF MAINTENANCE OR CHILD SUPPORT
COURTS ‑- JUDGMENTS ‑- GARNISHMENT ‑- EXECUTION ‑- DIVORCE AND DISSOLUTION ‑- STATUS OF ORDERS FOR THE PAYMENT OF MAINTENANCE OR CHILD SUPPORT (1) Where a court, in conjunction with marriage dissolution proceedings, either by way of a temporary order or as a part of the final decree of dissolution itself, awards future payments of maintenance or child support, that order constitutes a judgment to be entered in the county clerk's execution docket pursuant to RCW 4.64.080. (2) Such an order or decree also constitutes a "judgment" which would support a petition for a writ of garnishment pursuant to RCW 7.33.010(1)(c).
AGO 1962 No. 167 >  September 20, 1962
COURTS - JUSTICE OF THE PEACE - CITIES WITH POPULATION OF OVER 5,000 - SALARY - REDUCTION - COUNTY COMMISSIONERS
COURTS ‑- JUSTICE OF THE PEACE ‑- CITIES WITH POPULATION OF OVER 5,000 ‑- SALARY ‑- REDUCTION ‑- COUNTY COMMISSIONERS (1) After the county commissioners have raised the salary of a justice of the peace to $3,600 per year in cities with a population of over 5,000 under RCW 3.16.002, they can thereafter reduce said salary under certain conditions. (2 (a)) The salary of a justice of the peace may not be increased or decreased during his term of office. (2 (b) ‑ 2 (c)) The salary may be increased or decreased at any time prior to the commencement of the term notwithstanding the fact that a filing fee may have been paid on the basis of the existing salary for the office.
AGO 1975 No. 14 >  July 3, 1975
COURTS - JUVENILE - CRIMES - OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - JURISDICTION OF DEPARTMENT OVER DELINQUENT JUVENILES UPON ATTAINMENT OF AGE EIGHTEEN
COURTS ‑- JUVENILE ‑- CRIMES ‑- OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- JURISDICTION OF DEPARTMENT OVER DELINQUENT JUVENILES UPON ATTAINMENT OF AGE EIGHTEEN Except where covered by a juvenile court order under § 1, chapter 170, Laws of 1975, 1st Ex. Sess., in the case of a juvenile in the custody of the department of social and health services who was not yet 18 when that law became effective, a juvenile who has been adjudged to be a delinquent child under RCW 13.04.010, et seq., and has therefore been committed by the juvenile court under RCW 13.04.095, may not, in view of In re Carson , 84 Wn.2d 969 (1975), continue to be held in custody solely on that basis after attaining the age of 18 years.
AGO 1962 No. 187 >  December 27, 1962
COURTS - CRIMES - FELONY CONVICTION - PROBATION WHERE EXECUTION OF SENTENCE SUSPENDED - PAROLE OFFICER
COURTS ‑- CRIMES ‑- FELONY CONVICTION ‑- PROBATION WHERE EXECUTION OF SENTENCE SUSPENDED ‑- PAROLE OFFICER (1) A court may dismiss a conviction of a felony and discharge a defendant who has been granted probation pursuant to chapter 227, Laws of 1957, where the execution of a sentence had been suspended. (2) There is no conflict between RCW 9.92.060 and RCW 9.95.200.  The probation procedure (RCW 9.95.200) is available after conviction of any crime and the suspended sentence procedure in RCW 9.92.060 is available whenever any person has been convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, carnal knowledge of a female child under age of 10 or rape. (3) The provision in RCW 9.92.060 which provides that a probationer shall be placed under the charge of a parole officer who is the duly appointed and acting officer of the institution to which the person is sentenced is mandatory and cannot be ignored.
AGO 1963 No. 3 >  January 11, 1963
COURTS - JUSTICE COURTS ORGANIZED UNDER 1961 JUSTICE COURT ACT - GARNISHMENT FEE - COUNTY LAW LIBRARY FEE
COURTS ‑- JUSTICE COURTS ORGANIZED UNDER 1961 JUSTICE COURT ACT ‑- GARNISHMENT FEE ‑- COUNTY LAW LIBRARY FEE (1) The two dollar garnishment answer fee required by RCW 12.32.020 is not applicable to justice courts organized under chapter 299, Laws of 1961. (2) The one dollar and fifty cent law library fee authorized by RCW 27.24.070 is not applicable to justice courts organized under chapter 299, Laws of 1961.
AGO 1963 No. 10 >  January 31, 1963
COURTS - JUSTICE COURTS - 1961 ACT - DISBURSEMENT OF RECEIPTS - COSTS CHARGEABLE TO COUNTY - DEPRECIATION AND AMORTIZATION SCHEDULE FOR CAPITAL OUTLAY OTHER THAN COURTROOM SPACE
COURTS - JUSTICE COURTS ‑- 1961 ACT ‑- DISBURSEMENT OF RECEIPTS ‑- COSTS CHARGEABLE TO COUNTY ‑- DEPRECIATION AND AMORTIZATION SCHEDULE FOR CAPITAL OUTLAY OTHER THAN COURTROOM SPACE 1. The phrase "cost of providing courtroom or other space" as used in RCW 3.62.050 does not include the cost of providing all of the items enumerated in RCW 3.58.050. 2. Same :  RCW 3.62.050 does not expressly or by necessary implication distinguish between the cost of space provided in county facilities and space provided by contract elsewhere. 3. In computing the cost of providing justice court facilities other than space, for the purpose of apportioning such cost among governmental units, a county may depreciate items which are classified as capital outlay and amortize its costs, (in accordance with a schedule prescribed by the state auditor (RCW 43.09.200)) so as to be reimbursed over a period of time.
AGO 1963 No. 14 >  February 28, 1963
COURTS - JUSTICE COURTS - 1961 ACT - CRIMINAL CASES - FILING FEES - FINE OR PENALTY - SUSPENSION
COURTS ‑- JUSTICE COURTS ‑- 1961 ACT ‑- CRIMINAL CASES ‑- FILING FEES ‑- FINE OR PENALTY ‑- SUSPENSION (1) In criminal cases in which a filing fee is chargeable in justice courts under § 111, chapter 299, Laws of 1961, the fee is $4.00 notwithstanding the number of separate counts which may be contained in the complaint. (2) In those cases where (pursuant to § 111) no filing fee is to be assessed or collected other than as part of the fine or penalty imposed upon conviction, the four dollar filing fee is not to be assessed in addition to the ordinary fine for penalty imposed. (3) In those cases where (pursuant to § 111) no filing fee is to be assessed or collected other than as part of the fine or penalty imposed upon conviction, the court may suspend only that part of the fine or penalty imposed which is in excess of the nonsuspendable four dollar filing fee.
AGO 1963 No. 15 >  March 29, 1963
COURTS - JUSTICE COURTS - 1961 JUSTICE COURT ACT - JURY, WITNESS AND SHERIFF'S FEES
COURTS ‑- JUSTICE COURTS ‑- 1961 JUSTICE COURT ACT ‑- JURY, WITNESS AND SHERIFF'S FEES 1. The last sentence in § 105, chapter 299, Laws of 1961 (RCW 3.62.010) applies to the whole section not merely the proviso. 2. In justice courts, organized under the 1961 justice court act, jury fees are chargeable as provided in RCW 12.12.030; and witness fees and sheriff's fees, in the manner and to the extent provided by RCW 10.46.190 (criminal actions) and RCW 12.20.060 (civil actions).
AGO 1984 No. 13 >  June 6, 1984
COURTS - JUDGES - LAWYERS - MARRIAGE
SOLEMNIZATION OF MARRIAGE BY JUDGE OR JUSTICE PRO TEM A lawyer (including a retired former judge) who does not otherwise hold a judicial office but who has been appointed to serve as a judge pro tem of a superior court pursuant to RCW 2.08.180, as a judge pro tem of the court of appeals pursuant to RCW 2.06.150, or as a justice pro tem of the State Supreme Court pursuant to Wash. Const., Art. IV, § 2(a) is not thereby authorized to solemnize marriages under RCW 26.04.050.
AGO 1984 No. 20 >  August 14, 1984
COURTS - JUSTICE - JUSTICE COURT ACT OF 1961
COMPENSATION OF JUSTICES PRO TEM AND VISITING JUDGES (1) The correct compensation to be paid under RCW 3.34.130 to a pro tem district court judge is one two-hundred fiftieth of the annual salary of a full-time district court judge (as provided for in RCW 3.58.010), regardless of whether the regular judge in whose place the pro tem justice is serving is a part-time, or a full-time, district court judge. (2) When a part-time district court judge holds court in another judicial district within the same county, he or she is not entitled to be compensated for that service as a district court justice pro tempore under RCW 3.34.130, in addition to receiving reimbursement for subsistence, lodging and travel expenses under RCW 3.34.140.
AGO 1976 No. 14 >  July 29, 1976
COURTS - COSTS - FEES - CRIMES - JURY
RECOUPMENT OF COSTS INCURRED IN PROSECUTION OF CONVICTED CRIMINAL DEFENDANT Under the provisions of § 1, chapter 96, Laws of 1975-76, 2nd Ex. Sess., costs incurred at public expense for the payment of appointed counsel for the defendant in a criminal case as well as witness fees paid by the state for its own and defendant's witnesses under chapter 2.40 RCW may be recovered pursuant to court order from the defendant if convicted; however, costs incurred in paying the compensation of jurors under RCW 2.36.150 may not be so recovered and the recovery of statutory filing fees from a convicted criminal defendant remains governed, as before, by the provisions of RCW 36.18.020(15).
AGO 1963 No. 54 >  September 9, 1963
COURTS - JUSTICE COURT ACT OF 1961 - ADOPTION OF ACT BY COUNTIES AFTER 1962 - EFFECT ON TERMS OF ELECTED JUSTICES OF THE PEACE - SALARY
COURTS ‑- JUSTICE COURT ACT OF 1961 ‑- ADOPTION OF ACT BY COUNTIES AFTER 1962 ‑- EFFECT ON TERMS OF ELECTED JUSTICES OF THE PEACE ‑- SALARY (1) Counties in which the justice court act of 1961 is not presently in effect may put the act into effect at any time, although the term of office of existing justices of the peace might thereby be terminated. (2) When a justice of the peace, under the 1961 justice court act, serves in a municipal department or as a municipal judge, the city pays a portion of his salary as justice of the peace, not an additional salary.
AGO 1963 No. 60 >  September 26, 1963
COURTS - JUSTICE COURTS - ORGANIZED UNDER 1961 JUSTICE COURT ACT - GARNISHMENT FEE - PROCEDURAL RULE 64 ADOPTED BY THE SUPREME COURT FOR COURTS OF LIMITED JURISDICTION
COURTS ‑- JUSTICE COURTS ‑- ORGANIZED UNDER 1961 JUSTICE COURT ACT ‑- GARNISHMENT FEE ‑- PROCEDURAL RULE 64 ADOPTED BY THE SUPREME COURT FOR COURTS OF LIMITED JURISDICTION Rule 64 of the civil rules for courts of limited jurisdiction promulgated by the state supreme court on July 1, 1963, is applicable to all courts of limited jurisdiction inferior to superior courts including those courts organized pursuant to chapter 299, Laws of 1961 (the 1961 justice court act).  Therefore chapter 12.32 RCW should be deemed to govern garnishment actions in all such inferior courts.
AGO 1963 No. 67 >  October 21, 1963
COURTS - JUSTICE COURT ACT OF 1961 - COUNTIES NOT UNDER ACT - JUSTICES OF PEACE - OPTION OF COUNTY TO PAY DUES AND EXPENSES FOR MEMBERSHIP IN WASHINGTON STATE MAGISTRATES ASSOCIATION
COURTS ‑- JUSTICE COURT ACT OF 1961 ‑- COUNTIES NOT UNDER ACT ‑- JUSTICES OF PEACE ‑- OPTION OF COUNTY TO PAY DUES AND EXPENSES FOR MEMBERSHIP IN WASHINGTON STATE MAGISTRATES ASSOCIATION A county which has not elected to come under the provisions of chapter 299, Laws of 1961, may but is not required to provide funds for payment of dues or expenses relating to membership of justices of the peace in the Washington state magistrates association.
AGO 1964 No. 78 >  January 21, 1964
COURTS - JUSTICE COURT ACT OF 1961 - PART-TIME JUSTICE OF THE PEACE - APPOINTMENT OF JUSTICE PRO TEMPORE - COMPENSATION
COURTS ‑- JUSTICE COURT ACT OF 1961 ‑- PART-TIME JUSTICE OF THE PEACE ‑- APPOINTMENT OF JUSTICE PRO TEMPORE ‑- COMPENSATION (1) Under the 1961 justice court act a justice court presided over by a part-time justice of the peace may pursuant to RCW 3.34.130 designate a justice of the peace pro tempore to serve on his behalf. (2) The compensation of a pro tempore justice who takes the place of a part-time justice is based on the amount provided for a full-time justice under RCW 3.58.010 according to the formula appearing in RCW 3.34.130.
AGO 1964 No. 105 >  May 26, 1964
COURTS - JUSTICE OF THE PEACE - NOT OPERATING UNDER 1961 JUSTICE COURT ACT - MISDEMEANOR - WARRANT OF ARREST - SERVICE LIMITED BY TERRITORIAL JURISDICTION OF COURT
COURTS ‑- JUSTICE OF THE PEACE ‑- NOT OPERATING UNDER 1961 JUSTICE COURT ACT ‑- MISDEMEANOR ‑- WARRANT OF ARREST ‑- SERVICE LIMITED BY TERRITORIAL JURISDICTION OF COURT A warrant of arrest charging a misdemeanor issued by a justice court located in a county which has not adopted the provisions of chapter 299, Laws of 1961 (the justice court act) may not be executed in another county of the state.
AGO 1964 No. 106 >  June 15, 1964
COURTS - JUSTICE COURTS - 1961 JUSTICE COURT ACT - ADOPTION BY COUNTIES AFTER 1962 - EFFECT ON TERMS OF ELECTED JUSTICES OF THE PEACE IF ACT IS MADE WHOLLY OPERATIVE DURING TERM - APPOINTMENT OF A JUSTICE OF THE PEACE AS JUSTICE COURT JUDGE UNDER 1961 JUSTICE COURT ACT - SALARY
COURTS ‑- JUSTICE COURTS ‑- 1961 JUSTICE COURT ACT ‑- ADOPTION BY COUNTIES AFTER 1962 ‑- EFFECT ON TERMS OF ELECTED JUSTICES OF THE PEACE IF ACT IS MADE WHOLLY OPERATIVE DURING TERM ‑- APPOINTMENT... A justice of the peace who is elected to a four-year term commencing January 14, 1963, may not continue to serve or have his salary increased if the board of county commissioners of the county in which he serves elects to adopt and make wholly operative the provisions of chapter 299, Laws of 1961, (commonly known as the 1961 justice court act) prior to the normal expiration of his term.  However, the justice of the peace, if otherwise qualified, may be appointed by the county commissioners as a justice court judge under the act when it becomes wholly operative.
AGO 1964 No. 109 >  June 24, 1964
COURTS - JUSTICE COURTS - VENUE - TRAFFIC CASES
COURTS ‑- JUSTICE COURTS ‑- VENUE ‑- TRAFFIC CASES The statutory venue of justice courts defined in RCW 46.52.100 has not been superseded by the rules for courts of limited jurisdiction adopted by the supreme court.
AGO 1985 No. 9 >  June 19, 1985
COURTS - FINES - JUSTICE
PUBLIC SAFETY AND EDUCATION ASSESSMENT Where a district justice court imposes a fine and then suspends a portion of that fine pursuant to RCW 3.62.010 and/or RCW 3.66.086 [3.66.068], the public safety and education assessment provided for in RCW 3.62.090 is only to be based upon the portion of the fine which is not suspended.
AGO 1964 No. 110 >  June 25, 1964
COURTS - JUSTICE COURTS - CRIMINAL WARRANTS - EXECUTION BY PEACE OFFICERS
COURTS ‑- JUSTICE COURTS ‑- CRIMINAL WARRANTS ‑- EXECUTION BY PEACE OFFICERS Under rules for courts of limited jurisdiction promulgated by the state supreme court, execution of criminal warrants issued by justice courts is not limited to sheriffs or constables but they may be executed by any peace officer.
AGO 1985 No. 10 >  June 27, 1985
COURTS - NAMES - LICENSES - DIVORCE
CHANGE OF NAME FOLLOWING DISSOLUTION OF MARRIAGE It is not legally necessary, in order for a previously married woman to change her last name following a dissolution of marriage, for her to seek and obtain a court order so changing her name pursuant to RCW 4.24.130 or RCW 26.09.150.
AGO 2001 No. 6 >  September 10, 2001
COURTS - SUPERIOR COURT - COUNTY CLERK - COUNTIES
Authority of superior court to impose filing deadline on county clerk 1.   A superior court has authority to adopt a rule requiring the county clerk to file papers within specified periods of time.   2.   If a county clerk fails to file papers in court files within the time set forth in superior court rules, the court has several options for sanctions, including a specific order to perform the work or, in appropriate circumstances, an order holding the clerk in contempt; however, the court does not have authority to remove the clerk.
AGO 1978 No. 4 >  February 22, 1978
COURTS - JUSTICE - JURIES - IMPOSITION OF JURY FEES IN CIVIL AND CRIMINAL CASES IN DISTRICT JUSTICE COURTS
COURTS ‑- JUSTICE ‑- JURIES ‑- IMPOSITION OF JURY FEES IN CIVIL AND CRIMINAL CASES IN DISTRICT JUSTICE COURTS (1) The provisions of RCW 12.12.030, as amended by §§ 2 of chapters 53 and 248, Laws of 1977, 1st Ex. Sess., are applicable to civil proceedings in district justice courts organized under the justice court act of 1961; however, neither RCW 10.46.190 nor RCW 35.20.090, as respectively amended by §§ 1 and 3 of the foregoing 1977 acts, are applicable to such district justice courts either in connection with criminal or traffic proceedings in such courts. Jury fees in criminal or traffic cases tried in district justice courts are now governed, instead, by the provisions of chapter 96, Laws of 1975-76, 2nd Ex. Sess. (RCW 10.01.160, et seq. ).  (2) The jury fee provided for by RCW 12.12.030, as amended, is to be paid to the county in which the trial occurred and not to be distributed to the jurors.  (3) In civil cases tried before a jury in a district justice court, the only cost item for jury fees which may be imposed is the $25 item provided for in RCW 12.12.030, as amended; however, defendants in criminal or traffic cases tried by a jury in a district court may be charged the actual expenses of providing the jury ‑ but only if (1) the expenses are especially incurred in prosecuting the defendant and (2) the defendant was charged with an offense punishable by imprisonment of six months or less, or a fine of $500 or less, or both.  (4) To the extent that a jury fee is recoverable at all in connection with a criminal trial in a district justice court, that jury fee may be collected from a criminal defendant only after conviction.
AGO 1964 No. 129 >  December 9, 1964
COURTS - JUSTICE COURTS - ORGANIZED UNDER 1961 JUSTICE COURT ACT - COUNTY LAW LIBRARY FEE - USE OF COUNTY CURRENT EXPENSE FUND FOR LAW LIBRARY
COURTS ‑- JUSTICE COURTS ‑- ORGANIZED UNDER 1961 JUSTICE COURT ACT ‑- COUNTY LAW LIBRARY FEE ‑- USE OF COUNTY CURRENT EXPENSE FUND FOR LAW LIBRARY (1) The $1.50 law library fee authorized by RCW 27.24.070 is not applicable to justice courts organized under chapter 299, Laws of 1961.  AGO 63-64 No. 3. (2) The board of county commissioners may not lawfully appropriate funds from the county current expense fund for the purchase of law books and the payment of other expenses for the law library, but the board may provide in its budget for the levying and collection of a portion of the county's general revenue directly into the library fund.
AGO 1964 No. 132 >  December 22, 1964
COURTS - COUNTY NOT UNDER 1961 JUSTICE COURT ACT - JUSTICE OF THE PEACE - AUTHORITY TO HOLD COURT ONLY IN PRECINCT - COUNTY COMMISSIONERS - AUTHORITY TO FILL VACANCY IN OFFICE OF JUSTICE OF THE PEACE
COURTS ‑- COUNTY NOT UNDER 1961 JUSTICE COURT ACT ‑- JUSTICE OF THE PEACE ‑- AUTHORITY TO HOLD COURT ONLY IN PRECINCT ‑- COUNTY COMMISSIONERS ‑- AUTHORITY TO FILL VACANCY IN OFFICE OF JUSTICE OF... (1) A justice of the peace is not authorized to hold court outside his precinct in a county which has not adopted the 1961 justice court act. (2) The board of county commissioners of such a county may appoint a justice of the peace for a precinct which has never previously had a justice of the peace if a vacancy exists in such office. (3) A justice of the peace may be elected and qualified in a rural precinct notwithstanding the fact that it only has five registered voters.
AGO 1965 No. 23 >  June 14, 1965
COURTS - JUSTICE COURTS NOT OPERATING UNDER 1961 JUSTICE COURT ACT - PART-TIME JUSTICE OF THE PEACE - MONETARY JURISDICTION
COURTS ‑- JUSTICE COURTS NOT OPERATING UNDER 1961 JUSTICE COURT ACT ‑- PART-TIME JUSTICE OF THE PEACE ‑- MONETARY JURISDICTION The limit on the monetary jurisdiction of a part-time justice of the peace under chapter 96, Laws of 1965, is $500.00, irrespective of whether or not the particular justice of the peace is required by law to be a licensed attorney.
AGO 1978 No. 11 >  April 19, 1978
CRIMES - PENALTIES - COURTS - PENALTY FOR FAILURE TO APPEAR FOLLOWING RELEASE ON PERSONAL RECOGNIZANCE
CRIMES ‑- PENALTIES ‑- COURTS ‑- PENALTY FOR FAILURE TO APPEAR FOLLOWING RELEASE ON PERSONAL RECOGNIZANCE Except in the case of violations occurring between September 8, 1975 and July 1, 1976, to which RCW 10.19.130 applies, a person who fails to appear before a court after release on personal recognizance may not be charged with a crime under that statute; instead, the proper statute to be invoked in such cases is RCW 9A.76.170.
AGO 1965 No. 43 >  September 29, 1965
COURTS - JUSTICE COURTS - EXPENDITURES - COUNTY CURRENT EXPENSE FUND - APPORTIONMENT OF COSTS
COURTS ‑- JUSTICE COURTS ‑- EXPENDITURES ‑- COUNTY CURRENT EXPENSE FUND ‑- APPORTIONMENT OF COSTS All justice court fees received by the county current expense fund are to be credited toward defraying justice court expenses; however, the current expense fund's share of fines and forfeitures is to be used for that purpose only on the same basis as fines and forfeitures shared by other governmental units under RCW 3.62.050.
AGO 1978 No. 25 >  August 17, 1978
PUBLIC RECORDS - CRIMES - COURTS - DISPOSITION OF RECORDS PERTAINING TO DEFERRED CRIMINAL PROSECUTION
PUBLIC RECORDS ‑- CRIMES ‑- COURTS ‑- DISPOSITION OF RECORDS PERTAINING TO DEFERRED CRIMINAL PROSECUTION Records pertaining to a deferred criminal prosecution under chapter 10.05 RCW, following their removal from the court file in accordance with RCW 10.05.120, are not then required by that law either to be sealed or destroyed; however, limited concealment in a given case may be required either by the provisions of some other law (such as the state public disclosure law) or, conceivably, by court order.
AGO 1978 No. 30 >  December 19, 1978
OFFICES AND OFFICERS - PROSECUTING ATTORNEY - COURTS - JUVENILES - DIVERSION OF JUVENILE OFFENDERS
OFFICES AND OFFICERS ‑- PROSECUTING ATTORNEY ‑- COURTS ‑- JUVENILES ‑- DIVERSION OF JUVENILE OFFENDERS Where an information charging criminal conduct by a juvenile offender has been properly filed by the prosecuting attorney as authorized under RCW 13.40.070, the superior court is not authorized then to declare the accused eligible to enter into a diversion agreement pursuant to RCW 13.40.080 rather than adjudicating his or her innocence or guilt.
AGO 1992 No. 13 >  June 30, 1992
WASHINGTON CITIZENS' COMMISSION ON SALARY FOR ELECTED OFFICIALS - COURTS - JUDGES - SALARIES AND WAGES - COUNTIES - CONSTITUTIONAL AMENDMENTS - ELECTIONS
Applicability of Amendment 78 to Part-time District Court Judges and Qualifications for Nonattorney to be Elected District Court Judge 1.  Article 28 of the Washington Constitution (Amendment 78) provides that an independent salary commission shall set the salary for district court judges.  With regard to part-time district court judges, the commission has set the salary based on the proportion of full-time work for which the part-time judge is authorized.  The county legislative authority determines the proportion of work for which the part-time district court judge is authorized. 2.  Prior to 1991 the commission had not established a salary for part-time district court judges.  Amendment 78 provides that salaries in effect in 1987 shall remain in effect until changed by the commission.  Thus, part-time district court judge salaries were set pursuant to RCW 3.58.020 until 1991 when the commission changed the salary.  At that time, the salaries were properly set by the commission. 3.  RCW 3.46.060 provides that a nonattorney can seek election as a district court judge under certain circumstances.  A nonattorney district court judge can seek reelection if he or she is a registered voter of the district court district, and has been elected and has served as a district court judge.  A nonattorney district court judge with these two qualifications can seek reelection even if the population of the district is between 5,000 and 10,000.
AGO 1994 No. 15 >  September 19, 1994
COURTS - SUPERIOR COURTS - FILING FEES - PUBLIC FUNDS - STATE TREASURER - COUNTY TREASURER - LAW LIBRARIES
Procedures for dividing filing fees received on superior court cases between the state and county treasuries, and calculating the amount due to the county law library fund 1.  Current law requires county treasurers to remit to the state treasurer 46 percent of all superior court filing fees covered by RCW 36.18.020 before calculating any amounts due to the county or regional law library fund.  2.  After remitting the state's share of superior court filing fees to the state treasurer, county treasurers are required by RCW 27.24.070 to deposit an amount in the county or regional law library fund equal to $12 times the number of civil or probate fees paid in connection with the filing of a new matter.
AGO 1994 No. 17 >  October 3, 1994
COURTS - FILING FEES - DISSOLUTION AND DIVORCE
Filing fee applicable on the filing of a petition for modification of a dissolution decree or petitions for extension of judgment 1.  RCW 36.18.020(5) sets the fee for filing a petition for modification of a dissolution decree at $20; this fee applies whether the petition is filed in the county where the original decree was entered or in another county.  2.  RCW 36.18.025 requires that the county and state treasuries split fees filed for modification of a dissolution decree, the county to receive 54 percent and the state to receive 46 percent.  3.  A fee collected by a superior court pursuant to section 1, chapter 189, Laws of 1994, for the filing of a petition for extension of judgment, is not a fee set in RCW 36.18.020 and therefore is not subject to the split between the county and the state.
AGO 1988 No. 9 >  May 9, 1988
CRIMES - CITY AND TOWN ORDINANCES - CITIES AND TOWNS - COUNTY FUNDS - COUNTIES - COURTS
CITY AND TOWN ORDINANCES 1.  !ih*If a city or town police officer arrests a person for a misdemeanor or gross misdemeanor violation of state law within the city or town limits and delivers that person to county authorities for prosecution, the county has no authority to charge the city or town for booking, jailing, or prosecution of the person, unless the city or town has agreed by contract to assume some of those costs.2.  The Court Improvement Act of 1984 (Laws of 1984, Chapter 258) does not require cities and towns to agree to reimburse counties for costs of booking, jailing, or prosecution where the city or town chooses to charge persons for violations of state law, even where the city or town could have chosen to prosecute for parallel violations of city or town ordinance.3.  Where a city or town has repealed a portion of its municipal code, defining a crime or crimes equivalent to offenses listed in RCW 46.63.020, but has not reached agreement with the county for apportionment of costs associated with those offenses, the county may not unilaterally assess costs against the city or town.  The county may bring court action to force the city or town to meet its obligations under the Court Improvement Act of 1984 (Laws of 1984, Chapter 258), and may be entitled in appropriate cases to recoup portions of costs incurred since the effective date of the Act.
AGO 1966 No. 67 >  January 12, 1966
COURTS - SUPERIOR - VISITING JUDGES - EXPENSES - PAYMENT
COURTS ‑- SUPERIOR ‑- VISITING JUDGES ‑- EXPENSES ‑- PAYMENT The statement of expenses of a visiting judge verified by his affidavit is not subject to audit and approval by the county commissioners.
AGO 1992 No. 15 >  July 16, 1992
CITIES AND TOWNS - COUNTIES - COURTS - JUDGES
Establishment of Municipal Courts and Termination of a Municipal Department of the District Court 1.  RCW 3.46.150 provides that a city may give notice to the county legislative authority to require termination of a municipal department of the district court.  The municipal department is terminated through amendment to the county's district court districting plan.  2.  District court judge who had been serving in a municipal department of the district court remains a district court judge following termination of the municipal department until he or she vacates the position prior to the end of his or her term, or the term expires.  3.  The term of office for a judge of a municipal court established by city ordinance is four years.
AGO 1966 No. 109 >  October 4, 1966
COURTS - JUSTICE - JURISDICTION - FILIATION WARRANTS - 1961 JUSTICE COURT ACT
COURTS ‑- JUSTICE ‑- JURISDICTION ‑- FILIATION WARRANTS ‑- 1961 JUSTICE COURT ACT Though not determinative of the question, language expressed by the supreme court in the recent case of State v. Kline, 69 W.D.2d 109 [[69 Wn.2d 107]](1966, would seem to support a proposition that a filiation warrant issued under RCW 26.24.010 is a form of criminal process and hence has state‑wide [[statewide]] enforceability where issued by a justice court operating under the 1961 justice court act (chapter 299, Laws of 1961); however, only the court itself can finally decide this jurisdictional question.
AGO 1966 No. 118 >  November 9, 1966
COURTS - LICENSES - MOTOR VEHICLES - DEFERRED SENTENCES
MANDATORY SUSPENSION OF DRIVER'S LICENSE UPON CONVICTION OF CERTAIN CRIMES A court, in granting a deferred sentence for an offense which, under chapter 46.20 RCW constitutes mandatory grounds for the revocation or suspension of a driver's license, cannot permit the person to retain his driver's license during the period of the deferred sentence.
AGO 1967 No. 1 >  January 16, 1967
COURTS - SUPERIOR - FEES
FEE CHARGEABLE TO DEFENDANT APPEALING FROM JUSTICE COURT CRIMINAL CONVICTION RCW 36.18.020 does not require the collection of two fees from a defendant who appeals from a justice court criminal conviction; rather, the only fee chargeable against such an appellant pursuant to this statute is a fee of $15.00 upon conviction or plea of guilty or upon failure to prosecute the appeal, as provided by subsection (15) thereof.
AGO 1989 No. 10 >  May 17, 1989
COURTS - INTERPRETERS FOR COURT PROCEEDINGS - CITIES AND TOWNS - COUNTIES
COURTS ‑- COUNTIES ‑- CITIES AND TOWNS ‑- INTERPRETERS FOR COURT PROCEEDINGS 1.The 1985 amendments to chapter 2.42 RCW, codified as RCW 2.42.110 through .180 [2.42.180], relate only to interpreter services for the hearing impaired.2.The pre‑1985 portions of chapter 2.42 RCW, codified as RCW 2.42.010 through 2.42.050, apply only to interpreter services for persons with speech defects or non-English speaking cultural backgrounds, except that RCW 2.42.050 applies also to interpreter services for the hearing impaired.3.With respect to criminal proceedings, the government whose officer is responsible for initiating the proceeding, usually the county, is responsible for the cost of providing the interpreter as defined in RCW 2.42.040.
AGO 1967 No. 29 >  August 9, 1967
COURTS - SUPERIOR
AUTOMATIC STAY OF JUDGMENTS UNDER SUPERIOR COURT RULE 62 (A) (1) In computing the five day period during which, pursuant to Rule 62 (A) of the rules of civil procedure for superior courts, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement, Saturdays, Sundays and holidays are not to be included.(2) The automatic stay provision of Rule 62 (A) is applicable to judgments of a justice of the peace with respect to which a transcript has been filed in superior court pursuant to RCW 4.56.200 (3).(3) The automatic stay provision of Rule 62 (A) precludes the initiation of garnishment proceedings during the prescribed five day period.
AGO 1967 No. 30 >  August 10, 1967
COURTS - JUSTICE - 1961 JUSTICE COURT ACT - GARNISHMENT - FEES
COURTS - JUSTICE - 1961 JUSTICE COURT ACT - GARNISHMENT - FEES A party procuring a writ of garnishment in a justice court operating under the provisions of the 1961 justice court act (chapter 299, Laws of 1961) is required to pay to such court an additional sum of $1.00 for each such process in accordance with RCW 3.62.060; nothing contained in chapter 143, Laws of 1967, affects this conclusion.
AGO 1968 No. 11 >  March 5, 1968
COURTS - JUDGES - COUNTIES - APPOINTMENT OF COURT COMMISSIONERS IN MULTICOUNTY JUDICIAL DISTRICTS UNDER CHAPTER 87, LAWS OF 1967, EX. SESS.
COURTS - JUDGES - COUNTIES - APPOINTMENT OF COURT COMMISSIONERS IN MULTICOUNTY JUDICIAL DISTRICTS UNDER CHAPTER 87, LAWS OF 1967, EX. SESS. Under the provisions of RCW 2.24.010, as amended by chapter 87, Laws of 1967, Ex. Sess., the superior court judge or judges of a multicounty judicial district may, in his or their discretion, continue to appoint a court commissioner for each county situated within the judicial district or, in the alternative, appoint a single court commissioner to serve the entire judicial district.
AGO 1968 No. 17 >  May 2, 1968
COURTS - JUSTICE - COSTS OF PROBATION AND PAROLE SERVICES
COURTS - JUSTICE - COSTS OF PROBATION AND PAROLE SERVICES The costs incurred by a county which is engaged in probation and parole services for persons convicted of crimes in justice court, under § 9, chapter 200, Laws of 1967, may not be regarded as expenditures of the justice court; hence, in the case of a county which has adopted the justice court system established by chapter 299, Laws of 1961, these probation and parole costs may not be funded as justice court expenditures under the provisions of RCW 3.62.050.
AGO 1968 No. 34 >  November 19, 1968
COURTS - JUSTICE COURTS - 1961 ACT - DISBURSEMENT OF RECEIPTS - COSTS CHARGEABLE TO COUNTY
COURTS - JUSTICE COURTS - 1961 ACT - DISBURSEMENT OF RECEIPTS - COSTS CHARGEABLE TO COUNTY In a county to which the 1961 justice court act is applicable, the county's cost in providing courtrooms and offices for its district justice courts is to be included among the "total expenditures for such justice courts" for the purpose of making computations and disbursements provided for by RCW 3.62.050, as amended by § 2, chapter 213, Laws of 1963.
AGO 1993 No. 9 >  April 27, 1993
CITIES AND TOWNS - COUNTIES - COURTS - TRAFFIC INFRACTIONS - MOTOR VEHICLES - DEPARTMENT OF LICENSING
Ability of district courts to require attendance at a traffic school 1.  RCW 46.83.050 provides when a court finds that a person has committed a traffic infraction, the person may be required to attend a traffic school as part of the sentence imposed or as a condition for suspension or deferral of the sentence.  However, the court does not have the authority to defer making a finding that a traffic infraction has been committed and then order the person to attend traffic school as a condition of dismissing the charge. 2.  RCW 46.63.151 provides no costs may be awarded to either party in a traffic infraction case, except for certain costs related to failure to provide proof of financial responsibility pursuant to RCW 46.30.020(2).  A court cannot require the payment of costs as a condition of dismissing a traffic infraction charge. 3.  If a court enters a finding that a person has committed a traffic infraction, RCW 46.20.270(2) requires the court to forward an abstract of that finding to the Department of Licensing.  RCW 46.52.120(1) requires the Department to keep this record, and RCW 46.52.130 authorizes the Department to furnish this record to certain insurance carriers.  If the court does not enter a finding that a traffic infraction has been committed, there is no requirement to furnish any information to the Department.
AGO 1997 No. 1 >  January 10, 1997
CRIMES - COURTS - SENTENCES - PROSECUTING ATTORNEY
Effect of completion of terms and conditions of deferred imposition of sentence or of suspension of execution of sentence upon defendant's criminal history record 1.   By virtue of RCW 3.66.067, a criminal defendant whose imposition of sentence has been deferred may, after meeting such terms as the court may have established, apply to withdraw his or her plea and seek dismissal of the charges, and the court may for good cause grant such application; however, where sentence is imposed but its execution is suspended pursuant to RCW 3.66.068, the law does not authorize withdrawal of a guilty plea or dismissal of charges.  2.   Whether a criminal sentence is deferred pursuant to RCW 3.66.067, or imposed and suspended pursuant to RCW 3.66.068, courts lack authority to delete or expunge the record of conviction based on a defendant's fulfillment of conditions attached to the deferred or suspended sentence; RCW 10.97 defines these records as "conviction records" and requires that the record of conviction in either type of case be maintained and available to law enforcement agencies and others as defined therein.
AGO 1994 No. 7 >  April 26, 1994
COURTS - STATE AGENCIES - TRAVEL AND EXPENSE REGULATIONS
Applicability of state travel and expense regulations to judicial branch of state government 1.  RCW 43.03.050 and .060, which authorize the Office of Financial Management to prescribe travel and expense reimbursement policies for state agencies, include courts and other agencies in the judicial branch of state government.2.  To the extent it can be justified by varying circumstances, the Office of Financial Management may prescribe different expense reimbursement rates for judicial branch agencies than for other state agencies; however, the mileage rate established under RCW 43.03.060 must be uniform for all employees.
AGO 1998 No. 13 >  November 23, 1998
COURTS - COUNTY CLERK - RECORDS
Authority of county clerks to share confidential case file information with Judicial Information System Where a statute or court rule directs that courts will share information with one another for the better administration of justice, or other suitable purposes, county clerks are obligated to provide appropriate case file information to the Judicial Information System (JIS), including information otherwise classified as confidential; providing the information to the JIS is not a violation of the confidentiality statutes.
AGO 1958 No. 164 >  February 25, 1958
JUVENILES - CONFINEMENT AFTER REMAND BY THE JUVENILE COURT TO THE SUPERIOR COURT FOR TRIAL UNDER THE CRIMINAL CODE AND PRIOR TO TRIAL - COURTS - AUTHORITY TO DETAIN JUVENILES UNDER THE AGE OF 18 IN A COUNTY OR CITY JAIL PENDING TRIAL ON A CRIMINAL CHARGE - CRIME - CONFINEMENT OF JUVENILES AWAITING TRIAL ON A CRIMINAL CHARGE
JUVENILES ‑- CONFINEMENT AFTER REMAND BY THE JUVENILE COURT TO THE SUPERIOR COURT FOR TRIAL UNDER THE CRIMINAL CODE AND PRIOR TO TRIAL -- COURTS ‑- AUTHORITY TO DETAIN JUVENILES UNDER THE AGE OF 18... (1) Juveniles under the age of 16 who have been remanded to the superior court for trial by the superior court on a criminal charge may not be detained in either a county or city jail pending trial even if they are kept separate and apart from the adult prisoners. (2) Juveniles between the ages of 16 and 18 who have been remanded to the superior court for trial on a criminal charge may be detained in either a city or county jail pending trial but they should be kept separate and apart from adult prisoners whenever possible. (3) The fact that the juvenile is charged with a violation of a city ordinance does not affect the answers to the first two questions.
AGO 1957 No. 137 >  December 4, 1957
COURTS - DEFERRED IMPOSITION OF SENTENCE - CRIMES - MODIFICATION AND REVOCATION OF PROBATION
COURTS ‑- DEFERRED IMPOSITION OF SENTENCE ‑- CRIMES ‑- MODIFICATION AND REVOCATION OF PROBATION Prior to the expiration of the maximum term, the court has the authority to revoke or modify a probation granted when imposition of sentence was deferred, even though the probationary period specified in the court's order has expired.
AGO 1957 No. 50 >  April 22, 1957
COURTS - COURT COMMISSIONERS - QUALIFICATIONS - POWERS - INCOMPATIBILITY WITH OFFICE OF PROBATION OFFICER - INCOMPATIBLE OFFICES - COURT COMMISSIONER AND CHIEF PROBATION OFFICER
COURTS ‑- COURT COMMISSIONERS ‑- QUALIFICATIONS ‑- POWERS ‑- INCOMPATIBILITY WITH OFFICE OF PROBATION OFFICER -- INCOMPATIBLE OFFICES ‑- COURT COMMISSIONER AND CHIEF PROBATION OFFICER (1) A court commissioner need not be a lawyer.  (2) The positions of court commissioner and chief probation officer are incompatible.  (3) A court commissioner is authorized to hear and determine all matters properly within the jurisdiction of the juvenile court.
AGO 1955 No. 1 >  January 5, 1955
ATTORNEYS - UNAUTHORIZED PRACTICE - REALTORS - COURTS
ATTORNEYS ‑- UNAUTHORIZED PRACTICE ‑- REALTORS ‑- COURTS Realtors preparing deeds, contracts, mortgages and earnest money agreements are practicing law.  They may be enjoined, cited for contempt in extraordinary cases, and prosecuted for misdemeanor.  RCW 2.48.190 repealed by implication.
AGO 1956 No. 264 >  May 8, 1956
COURTS - JUSTICE - CLERKS FOR SAME IN CITIES OF THIRD CLASS
COURTS ‑- JUSTICE ‑- CLERKS FOR SAME IN CITIES OF THIRD CLASS. County Commissioners have no authority to provide for clerical assistance to justice of peace in third class city.
AGO 1953 No. 92 >  July 15, 1953
COURTS - SUPERIOR COURT CLERKS' FILING FEES UNDER SPECIAL STATUTES
COURTS -- SUPERIOR COURT CLERKS' FILING FEES UNDER SPECIAL STATUTES Inasmuch as section 1, chapter 213, Laws of 1941, requires the presentation of a petition to and the entering of an order of the superior court, it is our opinion that the fee to be charged by the clerk of the superior court should be that prescribed for civil proceedings, together with such other fees as are regularly charged parties commencing civil actions. Under the provisions of chapter 133, Laws of 1953, which provides for the entry of the decree by the superior court regarding the sale, lease or other disposition of public property, it is our opinion that the fee to be charged by the county clerk should be that prescribed for civil proceedings.
AGO 1952 No. 399 >  September 4, 1952
COUNTIES REAL ESTATE SALES TAX, SALES PURSUANT TO EXECUTION - MORTGAGE FORECLOSURE SALES - JUDGMENT EXECUTION SALES - SHERIFFS - COURTS
COUNTIES REAL ESTATE SALES TAX, SALES PURSUANT TO EXECUTION ‑- MORTGAGE FORECLOSURE SALES ‑- JUDGMENT EXECUTION SALES ‑- SHERIFFS ‑- COURTS The county real estate sales tax applies to execution sales pursuant to judgment or mortgage foreclosure and is imposed upon the one from whom title passes.
AGLO 1982 No. 12 >  May 20, 1982
MOTOR VEHICLES - COURTS
PENALTY FOR FAILURE TO RESPOND TO TRAFFIC INFRACTION NOTICE Identification of the maximum penalties for failure to respond to a notice of a traffic infraction, including local parking violations, under 1982 amendatory legislation.
AGLO 1982 No. 16 >  June 23, 1982
JUVENILES - COURTS
DIVERSION OF JUVENILE OFFENDERS The only diversion procedures for juvenile offenders which may be said either to be authorized by, or consistent with, the provisions of the Juvenile Justice Act of 1977 (as amended) are those procedures outlined in RCW 13.40.080 and, in turn, described by this office in AGO 1978 No. 30.
AGLO 1982 No. 18 >  July 26, 1982
COURTS - JUSTICE - MUNICIPAL JUDGE
POWERS OF CERTAIN POLICE JUDGE UNDER RCW 35A.20.020 An attorney who is not also an elected justice of the peace, but who is appointed as the police judge of a code city under RCW 35A.20.020, does not thereby gain the powers of a justice of the peace as well.
AGLO 1982 No. 20 >  July 30, 1982
COURTS - SUPERIOR - CRIMES - PROBATION - FEES
ASSESSMENT FOR SUPERVISION OF PROBATIONERS The provisions of § 2, chapter 207, Laws of 1982, relating to the imposition of a monetary assessment upon a criminal offender to pay for certain probation services, will not become legally operative until July 1, 1984, when the pertinent provisions of chapter 9.94A RCW themselves take effect in accordance with § 28, chapter 137, Laws of 1981.
AGLO 1981 No. 8 >  April 15, 1981
COURTS - JUSTICE - JUDGMENTS
EXAMINATION OF JUDGMENT DEBTORS A district justice court has the authority, under RCW 6.32.010 and 6.32.015, to order examination of judgment debtors personally or by written interrogatories.
AGLO 1981 No. 21 >  July 30, 1981
COURTS - SUPERIOR - COUNTIES
COMPOSITION OF CERTAIN JUDICIAL DISTRICT The failure of Pend Oreille to have approved the additional judicial position for Ferry, Pend Oreille and Stevens Counties, jointly, which was conditionally provided for by chapter 65, Laws of 1981, does not mean that Ferry County is to continue to be treated as part of a judicial district with Okanogan County.
AGLO 1977 No. 36 >  August 10, 1977
COURTS - WITNESSES - FEES - CRIMES
REIMBURSEMENT FOR EXPERT WITNESS FEES IN CRIMINAL PROSECUTIONS In reimbursing a county for witness fees incurred in connection with a criminal prosecution, the state is liable, under RCW 10.46.220-10.46.230, for the full amount of fees paid to expert witnesses whenever the superior court has, in fact, included expert witness fees in the cost bill in a given case and has ordered those fees to be paid by the state.
AGLO 1975 No. 10 >  February 3, 1975
COURTS - JUSTICE - COUNTIES - CITIES - LEAVE OF ABSENCE - SICK LEAVE
PAYMENT OF COMPENSATION Although a city which has established a department of a district justice court under chapter 3.46 RCW is required by RCW 3.46.090 to pay all or a portion of the district judge's salary, such city is not required to pay any portion of the county's terminal leave benefits to the judge upon his retirement.
AGLO 1975 No. 60 >  July 9, 1975
COURTS - JUSTICE - CITIES - COUNTIES
PROBATION OF CITY OFFENDERS IN DISTRICT COURTS (1) A district justice court has the authority to place a defendant convicted of a violation of a city ordinance on probation under the supervision of a county probation officer serving in a county department organized pursuant to RCW 9.95.210 even without an interlocal cooperation agreement. (2) A district court does not have authority to direct a defendant convicted of a misdemeanor to pay a probation service fee to the county probation department as revenue to assist in the administration of the department.
AGLO 1978 No. 25 >  August 23, 1978
COURTS - FEES - FINES - DISTRIBUTION OF VARIOUS FINES IMPOSED BY SUPERIOR COURTS
COURTS ‑- FEES ‑- FINES ‑- DISTRIBUTION OF VARIOUS FINES IMPOSED BY SUPERIOR COURTS

(1) Except as provided by some other law to the contrary in a particular case, RCW 10.82.070 requires that all fines imposed by a superior court be transmitted by the county treasurer to the state general fund.

(2) The provisions of RCW 10.82.070 are applicable to the distribution of fines imposed by a superior court following a defendant's conviction therein on appeal from his or her earlier conviction by a district justice court.

(3) Likewise, the provisions of RCW 10.82.070 are applicable with respect to any fines imposed by a division of the superior court functioning as a juvenile court with respect to juvenile traffic offenders.

AGLO 1978 No. 35 >  October 27, 1978
OFFICES AND OFFICERS - STATE - DATA PROCESSING AUTHORITY - COURTS - ACQUISITION OF DATA PROCESSING EQUIPMENT
OFFICES AND OFFICERS ‑- STATE ‑- DATA PROCESSING AUTHORITY ‑- COURTS ‑- ACQUISITION OF DATA PROCESSING EQUIPMENT

(1) The Washington Supreme Court, acting through the Office of the Administrator for the Courts, is governed by the provisions of RCW 43.105.041(5) which prohibit ". . . agencies and institutions of state government . . ." from acquiring data processing equipment without a delegation of authority from the Washington State Data Processing Authority.

(2) The Data Processing Authority may delegate such authority to the Supreme Court and/or the Office of the Administrator for the Courts under appropriate standards.

(3) While the Supreme Court may adopt its own rules governing the use of data processing equipment within the courts, once acquired, it may not by so doing, supersede the provision of RCW 43.105.041(5) relative to acquisition.

AGLO 1977 No. 1 >  January 6, 1977
COUNTIES - COURTS - FISH - FINES - DISPOSITION OF FINES AND COSTS COLLECTED FOR FISHING LAW VIOLATIONS
COUNTIES ‑- COURTS ‑- FISH ‑- FINES ‑- DISPOSITION OF FINES AND COSTS COLLECTED FOR FISHING LAW VIOLATIONS Where, in connection with a prosecution in superior court for a violation of state fishing laws, there has been a change of venue from the county in which the action was commenced to another where the trial took place, and a fine was assessed and collected, the county entitled to retain fifty percent of that fine under RCW 75.08.230 is the one in which (1) the trial took place in superior court resulting in a judgment assessing the fine and (2) the fine is collected by the superior court to be remitted to the county treasurer.
AGLO 1974 No. 2 >  January 7, 1974
COURTS - DISTRICT COURT COMMISSIONER - JUSTICE OF THE PEACE
DEFINITION OF 'MAGISTRATE' A district court commissioner, when appointed and vested with the powers of a justice of the peace under chapter 3.42 RCW, comes within the definition of a "magistrate" as set forth in RCW 2.20.010 and 2.20.020.
AGLO 1974 No. 19 >  February 5, 1974
CONSTITUTIONAL AMENDMENTS - LEGISLATURE - COURTS
SUBMISSION OF JUDICIAL ARTICLE AS SINGLE AMENDMENT Senate Joint Resolution No. 113, proposing a new judicial article to the state Constitution, may be submitted to the voters as a single amendment to the state Constitution.
AGLO 1974 No. 28 >  March 5, 1974
COURTS - DISTRICT - JUSTICE - ELECTIONS
ATTORNEYS A nonlawyer who is currently serving as a full-time district court judge in a first class county may not file a declaration of candidacy for reelection in November, 1974, to a new term of office commencing in January, 1965, in view of the enactment of § 3, chapter 14, Laws of 1973, 1st Ex. Sess.; if a nonlawyer is presently serving as an incumbent district court judge, however, such a nonlawyer may serve out the remainder of his present term of office ending in January, 1975.
AGLO 1977 No. 33 >  July 25, 1977
COURTS - JUVENILES - CHILDREN - FINGERPRINTS OF JUVENILE OFFENDERS
COURTS ‑- JUVENILES ‑- CHILDREN ‑- FINGERPRINTS OF JUVENILE OFFENDERS While the provisions of chapter 291, Laws of 1977, 1st Ex. Sess., relating to juvenile offenders, do not impliedly amend or repeal so much of § 1, chapter 259, Laws of 1977, 1st Ex. Sess., as requires the fingerprinting of juveniles adjudged to be delinquent based upon conduct which would be a felony if committed by an adult, one result of chapter 291, when it goes into effect on July 1, 1978, will be the elimination of that particular classification of individuals (i.e., a juvenile found to be delinquent) upon which chapter 259 will, in the meantime, operate; accordingly, on and after July 1, 1978, the fingerprinting of juvenile offenders will be permissive rather than mandatory.
AGLO 1974 No. 29 >  March 8, 1974
COURTS - DISTRICT - JUSTICE
ALLOCATION OF DISTRICT COURT JUDGES A county with population of 46,000, statutorily authorized two district court judges pursuant to RCW 3.34.010, may not provide within its county districting plan for one judicial district with one full-time and one part-time judge; it may, however, establish two justice court districts, one containing approximately 32,000 inhabitants and the other 14,000 inhabitants, and assign a full-time judge to the former and a part-time judge to the latter.
AGLO 1973 No. 36 >  March 13, 1973
COURTS - SUPREME - JUDGES - LOBBYING - INITIATIVE 276
COURTS ‑- SUPREME ‑- JUDGES ‑- LOBBYING ‑- INITIATIVE 276 Definition of "lobbying" by a state court judge under §§ 16 and 19 on Initiative 276; registration and reporting requirements
AGLO 1973 No. 54 >  May 21, 1973
COURTS - SUPERIOR - COUNTIES - EMPLOYEES - REPORTERS
COURTS ‑- SUPERIOR ‑- COUNTIES ‑- EMPLOYEES ‑- REPORTERS Court reporters appointed by the various superior court judges under RCW 2.32.180 are employees of the county or counties whose superior courts they serve pursuant to such appointments.
AGLO 1973 No. 64 >  June 15, 1973
COURTS - JUSTICE COURT DISTRICT - ELECTION - COUNTY COMMISSIONERS - AUTHORITY
COURTS ‑- JUSTICE COURT DISTRICT ‑- ELECTION ‑- COUNTY COMMISSIONERS ‑- AUTHORITY The county commissioners of a fifth class county having a 1970 census population of 15,796 inhabitants does not have the authority to provide for the election of a single, full time judge to serve a justice court district encompassing the entire county.
AGLO 1973 No. 71 >  July 3, 1973
COURTS - SUPERIOR - COMMISSIONERS - COUNTIES - APPOINTMENT
COURTS ‑- SUPERIOR ‑- COMMISSIONERS ‑- COUNTIES ‑- APPOINTMENT Under Article IV, § 23 of the Washington Constitution there may be appointed one or more court commissioners, not exceeding three in number, for each county.
AGLO 1973 No. 76 >  July 20, 1973
COURTS - DISTRICT JUSTICE - ELECTION - UNEXPIRED TERM
COURTS ‑- DISTRICT JUSTICE ‑- ELECTION ‑- UNEXPIRED TERM Where persons are currently serving by appointment as district justice court judges under RCW 3.34.100, an election will not be required by chapter 4, Laws of 1973, to be held on November 6, 1973, for the remainder of the unexpired term they are serving.
AGLO 1973 No. 82 >  July 25, 1973
COURTS - SUPERIOR - DIVORCE - COUNTY CLERK - PAYMENTS
COURTS ‑- SUPERIOR ‑- DIVORCE ‑- COUNTY CLERK ‑- PAYMENTS Under the provisions of § 12, chapter 157, Laws of 1973, Ex. Sess., if the court orders that support or maintenance payments be made to the clerk of court as trustee for remittance to the person entitled to receive the payments, this will require that the support or maintenance payments be made into, and then subsequently disbursed out of, the county clerk's trust fund as provided for in RCW 36.48.090.
AGLO 1973 No. 88 >  August 30, 1973
COURTS - SUPERIOR - COMMISSIONERS - ISSUANCE OF ARREST WARRANT; SET BAIL; HOLD AN ARRAIGNMENT
COURTS ‑- SUPERIOR ‑- COMMISSIONERS ‑- ISSUANCE OF ARREST WARRANT; SET BAIL; HOLD AN ARRAIGNMENT Superior court commissioners have the authority under Article IV, § 23 of the Washington state Constitution to (1) direct the issuance of a warrant when an information is filed in a criminal proceeding and (2) set bail; they may not, however, hold an arraignment.
AGLO 1973 No. 94 >  September 17, 1973
COURTS - JUSTICE - FINES - PENALTIES - CRIMINAL AND TRAFFIC CASES - TRAFFIC SAFETY EDUCATION
COURTS ‑- JUSTICE ‑- FINES ‑- PENALTIES ‑- CRIMINAL AND TRAFFIC CASES ‑- TRAFFIC SAFETY EDUCATION (1) Where, pursuant to RCW 3.62.070, no filing fee is to be assessed or collected other than as a part of the fine or penalty imposed upon conviction, no such filing fee is to be assessed if no fine or penalty is imposed.
 
(2) Where a fine or penalty is imposed in such a case, $4.00 of that fine or penalty represents "costs" which may not be suspended.
 
(3) The portion of the fine or penalty in such a case which represents a nonsuspendible filing fee is to be deemed a part of the fine or penalty for purposes of determining the traffic safety education penalty assessment under RCW 46.81.030.
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