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AGO Opinions with Topic: JUSTICE COURTS
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 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 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 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 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 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 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 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 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 1957 No. 139 >  December 6, 1957
JUSTICE COURTS - JURISDICTION OVER PERSON BY SERVICE OF SUMMONS OR NOTICE - FILING OF COMPLAINT
JUSTICE COURTS ‑- JURISDICTION OVER PERSON BY SERVICE OF SUMMONS OR NOTICE ‑- FILING OF COMPLAINT A notice or summons returnable and/or served on the defendant more than twenty days after the filing of a complaint in justice court is a nullity, and the justice of the peace does not thereby acquire jurisdiction over the defendant.
AGO 1953 No. 177 >  December 3, 1953
CONSTITUTIONAL LAW - LEGISLATIVE POWERS - UNCONSTITUTIONAL DELEGATION OF POWER - STATUTES - VALIDITY - JUSTICE COURTS - DISTRICTS
CONSTITUTIONAL LAW ‑- LEGISLATIVE POWERS ‑- UNCONSTITUTIONAL DELEGATION OF POWER -- STATUTES ‑- VALIDITY ‑- JUSTICE COURTS ‑- DISTRICTS ‑- DETERMINATION OF NUMBER -- FIXING OF QUALIFICATIONS

It is our opinion that the justice court district act (RCW 3.14.010 and RCW 3.14.030) is an unconstitutional delegation of legislative power, both as it relates to the determination of the number of justices of the peace to be elected and to the qualifications of candidates for such office.  It also violates Amendment 21 of the state constitution relating to uniformity in county government.

 

AGO 1953 No. 159 >  October 30, 1953
JUSTICE COURTS - VENUE IN TRAFFIC CASES - TIME WITHIN WHICH OPTION FOR CHANGE OF VENUE MUST BE EXERCISED
JUSTICE COURTS ‑- VENUE IN TRAFFIC CASES ‑- TIME WITHIN WHICH OPTION FOR CHANGE OF VENUE MUST BE EXERCISED

1. The justice court venue provision of RCW 46.52.100 has been superseded by section 4, chapter 206, Laws of 1953.  2. A defendant may defer the exercise of his option to be tried before a justice of the peace at the county seat until such time as he appears for trial.

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