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AGO Opinions with Topic: JUSTICE
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 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 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 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 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 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 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. 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 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.
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 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 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 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 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. 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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