AN ACT
Relating to superior court fees; amending RCW 36.18.020, 36.18.025, and
27.24.070; reenacting and amending RCW 43.08.250; adding a new section to
chapter 43.08 RCW; adding a new section to chapter 36.18 RCW; providing an
effective date; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
36.18.020 and 1989 c 342 s 1 are each amended to read as follows:
Clerks
of superior courts shall collect the following fees for their official
services:
(1)
The party filing the first or initial paper in any civil action, including an
action for restitution, or change of name, shall pay, at the time said paper is
filed, a fee of ((seventy‑eight)) one hundred ten dollars
except in proceedings filed under RCW 26.50.030 or 49.60.227 where the
petitioner shall pay a filing fee of twenty dollars, or an unlawful detainer
action under chapter 59.18 or 59.20 RCW where the plaintiff shall pay a filing
fee of thirty dollars. If the defendant serves or files an answer to an
unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff
shall pay, prior to proceeding with the unlawful detainer action, an additional
((forty‑eight)) eighty dollars which shall be considered
part of the filing fee. The thirty dollar filing fee under this subsection for
an unlawful detainer action shall not include an order to show cause or any
other order or judgment except a default order or default judgment in an
unlawful detainer action.
(2)
Any party, except a defendant in a criminal case, filing the first or initial
paper on an appeal from a court of limited jurisdiction or any party on any
civil appeal, shall pay, when said paper is filed, a fee of ((seventy‑eight))
one hundred ten dollars.
(3)
The party filing a transcript or abstract of judgment or verdict from a United
States court held in this state, or from the superior court of another county
or from a district court in the county of issuance, shall pay at the time of
filing, a fee of fifteen dollars.
(4)
For the filing of a tax warrant by the department of revenue of the state of
Washington, a fee of five dollars shall be paid.
(5)
For the filing of a petition for modification of a decree of dissolution, a fee
of twenty dollars shall be paid.
(6)
The party filing a demand for jury of six in a civil action, shall pay, at the
time of filing, a fee of ((twenty‑five)) fifty dollars; if
the demand is for a jury of twelve the fee shall be ((fifty)) one
hundred dollars. If, after the party files a demand for a jury of six and
pays the required fee, any other party to the action requests a jury of twelve,
an additional ((twenty‑five)) fifty‑dollar fee will
be required of the party demanding the increased number of jurors.
(7)
For filing any paper, not related to or a part of any proceeding, civil or
criminal, or any probate matter, required or permitted to be filed in the
clerk's office for which no other charge is provided by law, or for filing a
petition, written agreement, or memorandum as provided in RCW 11.96.170, the
clerk shall collect two dollars.
(8)
For preparing, transcribing or certifying any instrument on file or of record
in the clerk's office, with or without seal, for the first page or portion
thereof, a fee of two dollars, and for each additional page or portion thereof,
a fee of one dollar. For authenticating or exemplifying any instrument, a fee
of one dollar for each additional seal affixed.
(9)
For executing a certificate, with or without a seal, a fee of two dollars shall
be charged.
(10)
For each garnishee defendant named in an affidavit for garnishment and for each
writ of attachment, a fee of five dollars shall be charged.
(11)
For approving a bond, including justification thereon, in other than civil
actions and probate proceedings, a fee of two dollars shall be charged.
(12)
In probate proceedings, the party instituting such proceedings, shall pay at
the time of filing the first paper therein, a fee of ((seventy‑eight))
one hundred ten dollars: PROVIDED, HOWEVER, A fee of two dollars shall
be charged for filing a will only, when no probate of the will is
contemplated. Except as provided for in subsection (13) of this section a fee
of two dollars shall be charged for filing a petition, written agreement, or
memorandum as provided in RCW 11.96.170.
(13)
For filing any petition to contest a will admitted to probate or a petition to
admit a will which has been rejected, or a petition objecting to a written
agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee
of ((seventy‑eight)) one hundred ten dollars.
(14)
For the issuance of each certificate of qualification and each certified copy
of letters of administration, letters testamentary or letters of guardianship
there shall be a fee of two dollars.
(15)
For the preparation of a passport application there shall be a fee of four
dollars.
(16)
For searching records for which a written report is issued there shall be a fee
of eight dollars per hour.
(17)
Upon conviction or plea of guilty, upon failure to prosecute an appeal from a
court of limited jurisdiction as provided by law, or upon affirmance of a
conviction by a court of limited jurisdiction, a defendant in a criminal case
shall be liable for a fee of ((seventy)) one hundred ten dollars.
(18)
With the exception of demands for jury hereafter made and garnishments
hereafter issued, civil actions and probate proceedings filed prior to
midnight, July 1, 1972, shall be completed and governed by the fee schedule in
effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an
order of dismissal on the clerk's record be filed as provided by rule of the
supreme court.
(19)
No fee shall be collected when a petition for relinquishment of parental rights
is filed pursuant to RCW 26.33.080 or for forms and instructional brochures
provided under RCW 26.50.030.
Sec.
2. RCW
36.18.025 and 1985 c 389 s 9 are each amended to read as follows:
((Thirty‑two))
Forty-six percent of the money received from filing fees paid pursuant
to RCW 36.18.020((, as now or hereafter amended,)) shall be transmitted
by the county treasurer each month to the state treasurer for deposit in the
public safety and education account established under RCW 43.08.250.
Sec.
3. RCW
43.08.250 and 1991 sp.s. c 16 s 919 and 1991 sp.s. c 13 s 25 are each reenacted
and amended to read as follows:
The
money received by the state treasurer from fees, fines, forfeitures, penalties,
reimbursements or assessments by any court organized under Title 3 or 35 RCW,
or chapter 2.08 RCW, shall be deposited in the public safety and education
account which is hereby created in the state treasury. The legislature shall
appropriate the funds in the account to promote traffic safety education,
highway safety, criminal justice training, crime victims' compensation,
judicial education, the judicial information system, civil representation of
indigent persons, winter recreation parking, and state game programs.
During the fiscal biennium ending June 30, 1993, the legislature may
appropriate moneys from the public safety and education account for the
purposes of local jail population data collection under RCW 10.98.130, the
department of corrections' county partnership program under RCW 72.09.300, the
treatment alternatives to street crimes program, the criminal litigation unit
of the attorney general's office, and contracts with county officials to
provide support enforcement services.
NEW
SECTION. Sec. 4. A new
section is added to chapter 43.08 RCW to read as follows:
(1)
Any money appropriated from the public safety and education account pursuant to
RCW 43.08.250 for civil representation of indigent persons shall be used solely
for the purpose of contracting with qualified legal aid programs for legal
representation of indigent persons in matters relating to: (a) Domestic relations
and family law matters, (b) public assistance, health care, and entitlement
programs, (c) public housing and utilities, and (d) unemployment compensation.
For purposes of this section, a "qualified legal aid program" means a
not-for-profit corporation incorporated and operating exclusively in Washington
which has received basic field funding for the provision of civil legal
services to indigents under Public Law 101-515.
(2)
Funds distributed to qualified legal aid programs under this section shall be
distributed on a basis proportionate to the number of individuals with incomes
below the official federal poverty income guidelines who reside within the
counties in the geographic service areas of such programs. The department of
community development shall use the same formula for determining this
distribution as is used by the legal services corporation in allocating funds
for basic field services in the state of Washington.
(3)(a)
Funds distributed to qualified legal aid programs under this section may not be
used directly or indirectly for lobbying or in class action suits. Further,
these funds are subject to all limitations and conditions imposed on use of
funds made available to legal aid programs under the legal services corporation
act of 1974 (P.L. 93-355; P.L. 95-222) as currently in effect or hereafter
amended.
(b)(i)
For purposes of this section, "lobbying" means any personal service,
advertisement, telegram, telephone communication, letter, printed or written
matter, or other device directly or indirectly intended to influence any member
of congress or any other federal, state, or local nonjudicial official, whether
elected or appointed:
(A) In
connection with any act, bill, resolution, or similar legislation by the
congress of the United States or by any state or local legislative body, or any
administrative rule, standard, rate, or other enactment by any federal, state,
or local administrative agency;
(B) In
connection with any referendum, initiative, constitutional amendment, or any similar
procedure of the congress, any state legislature, any local council, or any
similar governing body acting in a legislative capacity; or
(C) In
connection with inclusion of any provision in a legislative measure
appropriating funds to, or defining or limiting the functions or authority of,
the recipient of funds pursuant to this act.
(ii)
"Lobbying" does not include the response of an employee of a legal
aid program to a written request from a governmental agency, an elected or
appointed official, or committee on a specific matter. This exception does not
authorize communication with anyone other than the requesting party, or agent
or employee of such agency, official, or committee.
NEW
SECTION. Sec. 5. A new
section is added to chapter 36.18 RCW to read as follows:
The
court may waive the filing fees provided for under RCW 36.18.020 (1) and (2)
upon affidavit by a party that the party is unable to pay the fee due to
financial hardship.
Sec.
6. RCW
27.24.070 and 1985 c 389 s 2 are each amended to read as follows:
In
each county pursuant to this chapter, the county treasurer shall deposit in the
county or regional law library fund a sum equal to ((seven)) twelve
dollars for every new probate or civil filing fee, including appeals,
collected by the clerk of the superior court and ((three)) six
dollars for every fee collected for the commencement of a civil action in
district court for the support of the law library in that county or the
regional law library to which the county belongs: PROVIDED, That upon a
showing of need the ((seven)) twelve dollar contribution may be
increased up to ((nine)) fifteen dollars upon the request of the
law library board of trustees and with the approval of the county legislative
body or bodies.
NEW
SECTION. Sec. 7. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect April 1, 1992.
