HOUSE BILL REPORT

HB 217

BYRepresentatives Armstrong, Patrick, Hine, Lewis, Locke, Scott, P. King, Wang, Ferguson, Niemi, Ballard and Crane

Revising various provisions affecting superior courts.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, P. King, Lewis, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7340)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 6, 1987

BACKGROUND:

Statutes require superior courts and court clerks to perform administrative duties in the course of carrying out their judicial function.  Four of these statutory duties are:

(1)  selecting juries based on statutory requirements and court rules;

(2)  overseeing the settlements of estates, including filing and maintaining documentation on the expenses paid by the personal representative.  Records of those expenses must be kept for six years;

(3)  keeping a record of the daily proceedings of the court, and entering all verdicts and other decisions after being signed by the judge; and

(4)  maintaining a trust fund for a litigant or for other purposes.  Other purposes could include child support checks required to go through the court.  This would increase recordkeeping for the court clerks and could delay the support payment if the check is not certified.

SUMMARY:

SUBSTITUTE BILL:  The bill makes changes to the statutory duties of the superior court (clerk).

Courts must notify the jurors of their selection for jury duty.  The bill clarifies that jury fees may be collected by the court from convicted criminal defendants.

The period of time that the clerk must keep records of expenses paid by the personal representative in the settlement of an estate is reduced from six years to one year.

Superior courts are authorized to follow local court rules regarding the recording of daily court proceedings and entering of verdicts and other decisions.  The requirement that all these decisions be signed by a judge is removed.

Finally, the bill allows a superior court clerk to send child support payments directly to the recipient rather than depositing the check in the trust fund.  The court clerk may require that support payments made to the court be certified funds or cash.  In all cases, the clerk shall require certified funds or cash from a person for five years after one of his or her checks is returned due to nonsufficient funds.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill adds those provisions relating to the use of certified funds or cash for support payments.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Jan Michels, Washington Association of County Clerks; Bev Bright, Cowlitz County Clerk.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The bill would clarify and legitimize practices generally done now by superior court clerks.  It would also make the court more efficient.

House Committee - Testimony Against: None Presented.