Other LanguagesWhere 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.
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
(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.
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.
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.
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.
(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.
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.
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.
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.