Other LanguagesThe statutory venue of justice courts defined in RCW 46.52.100 has not been superseded by the rules for courts of limited jurisdiction adopted by the supreme court.
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.
(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.
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.
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 The justice court venue provision of RCW 46.52.100 has been superseded by section 4, chapter 206, Laws of 1953. 2.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.
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.