CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1663

 

 

 

 

                        56th Legislature

                      1999 Regular Session

 

Passed by the House April 23, 1999

  Yeas 96   Nays 0

 

 

 

Speaker of the House of Representatives

     

 

 

Speaker of the House of Representatives

 

 

 

 

Passed by the Senate April 21, 1999

  Yeas 44   Nays 0

             CERTIFICATE

 

We, Dean R. Foster and Timothy A. Martin, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1663  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

                          Chief Clerk

 

 

 

                          Chief Clerk

President of the Senate

 

 

 

Approved Place Style On Codes above, and Style Off Codes below.         

                                FILED

                

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1663

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1999 Regular Session

 

State of Washington      56th Legislature     1999 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representatives Lambert, Constantine, McDonald, Kagi, Carrell, Edwards, Kastama and Santos)

 

Read first time 03/08/1999.

Creating a unified family court.  


    AN ACT Relating to court operations; amending RCW 10.14.200, 13.04.021, 26.12.010, 26.12.060, and 36.18.016; and creating new sections.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  The legislature recognizes the increasing incidence of concurrent involvement of family members in multiple areas of the justice system.  Analysis shows significant case overlap in the case types of juvenile offender, juvenile dependency, at-risk youth, child in need of services, truancy, domestic violence, and domestic relations.  Also recognized is the increased complexity of the problems facing family members and the increased complexity of the laws affecting families.  It is believed that in such situations, an efficient and effective response is through the creation of a unified court system centered around the family that:  Provides a dedicated, trained, and informed judiciary; incorporates case management practices based on a family's judicial system needs; enables multiple case type resolution by one judicial officer or judicial team; provides coordinated legal and social services; and considers and evaluates the needs of the family as a whole.

 

    NEW SECTION.  Sec. 2.  The administrator for the courts shall conduct a unified family court pilot program.

    (1) Pilot program sites shall be selected through a request for proposal process, and shall be established in no more than three superior court judicial districts.

    (2) To be eligible for consideration as a pilot project site, judicial districts must have a statutorily authorized judicial complement of at least five judges.

    (3) The administrator for the courts shall develop criteria for the unified family court pilot program.  The pilot program shall include:      (a) All case types under Title 13 RCW, chapters 26.09, 26.10, 26.12, 26.18, 26.19, 26.20, 26.26, 26.50, 26.27, and 28A.225 RCW;

    (b) Unified family court judicial officers, who volunteer for the program, and meet training requirements established by local court rule;

    (c) Case management practices that provide a flexible response to the diverse court-related needs of families involved in multiple areas of the justice system.  Case management practices should result in a reduction in process redundancies and an efficient use of time and resources, and create a system enabling multiple case type resolution by one judicial officer or judicial team;

    (d) A court facilitator to provide assistance to parties with matters before the unified family court; and

    (e) An emphasis on providing nonadversarial methods of dispute resolution such as a settlement conference, evaluative mediation by attorney mediators, and facilitative mediation by nonattorney mediators.

    (4) The office of the administrator for the courts shall publish and disseminate a state-approved listing of definitions of nonadversarial methods of dispute resolution so that court officials, practitioners, and users can choose the most appropriate process for the matter at hand.

    (5) The office of the administrator for the courts shall provide to the judicial districts selected for the pilot program the computer resources needed by each judicial district to implement the unified family court pilot program.

    (6) The office of the administrator for the courts shall conduct a study of the pilot program measuring improvements in the judicial system's response to family involvement in the judicial system.  The administrator for the courts shall report preliminary findings and final results of the study to the governor, the chief justice of the supreme court, and the legislature on a biennial basis.  The initial report is due by July 1, 2000, and the final report is due by December 1, 2004.

 

    NEW SECTION.  Sec. 3.  The judges of the superior court judicial districts with unified family court pilot programs shall adopt local court rules directing the program.  The local court rules shall comply with the criteria established by the administrator for the courts and shall include:

    (1) A requirement that all judicial officers hearing cases in unified family court:

    (a) Complete an initial training program including the topic areas of childhood development, domestic violence, cultural awareness, child abuse and neglect, chemical dependency, and mental illness; and

    (b) Subsequent to the training in (a) of this subsection, annually attend a minimum of eight hours of continuing education of pertinence to the unified family court;

    (2) Case management that is based on the practice of one judge or judicial team handling all matters relating to a family;

    (3) An emphasis on coordinating or consolidating, to the extent possible, all cases before the unified family court relating to a family; and

    (4) Programs that provide for record confidentiality to protect the confidentiality of court records in accordance with the law. However law enforcement agencies shall have access to the records to the extent permissible under the law.

 

    Sec. 4.  RCW 10.14.200 and 1995 c 246 s 35 are each amended to read as follows:

    Any order available under this chapter may be issued in actions under chapter 13.32A, 26.09, 26.10, or 26.26 RCW.  An order available under this chapter that is issued under those chapters shall be fully enforceable and shall be enforced pursuant to the provisions of this chapter.

 

    Sec. 5.  RCW 13.04.021 and 1994 sp.s. c 7 s 538 are each amended to read as follows:

    (1) The juvenile court shall be a division of the superior court.  In judicial districts having more than one judge of the superior court, the judges of such court shall annually assign one or more of their number to the juvenile court division.  In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.  In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases ((under chapter 13.34 RCW or any other case)) under Title 13 RCW and chapter 28A.225 RCW as provided in RCW 26.12.010, and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.

    (2) Cases in the juvenile court shall be tried without a jury.

 

    Sec. 6.  RCW 26.12.010 and 1994 sp.s. c 7 s 537 are each amended to read as follows:

    (((1))) Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court."  A family ((law)) court proceeding under this chapter is:  (1) Any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations, or (2) concurrent with the juvenile court, any proceeding under Title 13 or chapter 28A.225 RCW.

    (((2) Superior court judges of a county may by majority vote, grant to the family court the power, authority, and jurisdiction, concurrent with the juvenile court, to hear and decide cases under Title 13 RCW.))

 

    Sec. 7.  RCW 26.12.060 and 1993 c 289 s 3 are each amended to read as follows:

    The court commissioners shall:  (1) Make appropriate referrals to county family court services program if the county has a family court services program or appoint a guardian ad litem pursuant to RCW 26.12.175; (2) order investigation and reporting of the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings under this chapter; (3) exercise all the powers and perform all the duties of court commissioners; (4) make written reports of all proceedings had which shall become a part of the record of the family court; (5) provide supervision over the exercise of its jurisdiction as the judge of the family court may order; (6) cause the orders and findings of the family court to be entered in the same manner as orders and findings are entered in cases in the superior court; (7) cause other reports to be made and records kept as will indicate the value and extent of reconciliation, mediation, investigation, and treatment services; and (8) conduct hearings under ((chapter 13.34 RCW)) Title 13 and chapter 28A.225 RCW, as provided in RCW 13.04.021.

 

    Sec. 8.  RCW 36.18.016 and 1996 c 56 s 5 are each amended to read as follows:

    (1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.

    (2) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, a fee of twenty dollars must be paid.

    (3)(a) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of ((fifty)) one hundred twenty-five dollars; if the demand is for a jury of twelve, a fee of ((one)) two hundred fifty dollars.  If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional ((fifty-dollar)) one hundred twenty-five dollar fee will be required of the party demanding the increased number of jurors.

    (b) Upon conviction in criminal cases a jury demand charge of fifty dollars for a jury of six, or one hundred dollars for a jury of twelve may be imposed as costs under RCW 10.46.190.

    (4) For preparing, transcribing, or certifying an instrument on file or of record in the clerk's office, with or without seal, for the first page or portion of the first page, a fee of two dollars, and for each additional page or portion of a page, a fee of one dollar must be charged.  For authenticating or exemplifying an instrument, a fee of one dollar for each additional seal affixed must be charged.

    (5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.

    (6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.

    (7) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.

    (8) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.

    (9) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.

    (10) For clerk's special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.

    (11) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.

    (12) For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be charged.

    (13) For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be charged.

    (14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be charged.

    (15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one hundred ten dollars must be charged.

    (16) A facilitator surcharge of ten dollars must be charged as authorized under RCW 26.12.240.

    (17) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.

    (18) For filing a warrant for overpayment of state retirement systems benefits under chapter 41.50 RCW, a fee of five dollars shall be charged pursuant to RCW 41.50.136.

    (19) A service fee of three dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.

    (20) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.

    (21) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.

    (22) Investment service charge and earnings under RCW 36.48.090 must be charged.

    (23) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.

    (24) For filing a request for trial de novo of an arbitration award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged.

 


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