Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 29 >

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.

AGO 1967 NO. 30 >

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.

AGLO 1975 NO. 60 >

(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 1973 NO. 94 >

(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.

AGO 1966 NO. 109 >

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 1956 NO. 264 >

County Commissioners have no authority to provide for clerical assistance to justice of peace in third class city.