S-2256.1  _______________________________________________

 

                         SENATE BILL 6085

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Senators McCaslin and Hargrove

 

Read first time 03/11/1999.  Referred to Committee on Judiciary.

Allowing certain certified individuals to perform work of a legal nature for compensation.


    AN ACT Relating to work of a legal nature for compensation; and amending RCW 2.48.190 and 2.56.030.

 

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

 

    Sec. 1.  RCW 2.48.190 and 1987 c 202 s 107 are each amended to read as follows:

    (1) No person shall be permitted to practice as an attorney or counselor at law ((or to do work of a legal nature for compensation, or to represent himself or herself as an attorney or counselor at law or qualified to do work of a legal nature)), unless he or she is a citizen of the United States and a bona fide resident of this state and has been admitted to practice law in this state:  PROVIDED, That any person may appear and conduct his or her own case in any action or proceeding brought by or against him or her, or may appear in his or her own behalf in the small claims department of the district court:  AND PROVIDED FURTHER, That an attorney of another state may appear as counselor in a court of this state without admission, upon satisfying the court that his or her state grants the same right to attorneys of this state.

    (2) Any person may perform work of a legal nature for compensation, or represent himself or herself if that person has been certified to perform such work of a legal nature.  Such legal work may include advice to individuals involved with domestic relations issues, traffic violations, small claims matters, and other legal matters not involving criminal charges or tort actions exceeding thirty-five thousand dollars or personal injury.  Furthermore, such work may include the completion of forms necessary or required by the courts.

 

    Sec. 2.  RCW 2.56.030 and 1997 c 41 s 2 are each amended to read as follows:

    The administrator for the courts shall, under the supervision and direction of the chief justice:

    (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;

    (2) Examine the state of the dockets of the courts and determine the need for assistance by any court;

    (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;

    (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;

    (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;

    (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;

    (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;

    (8) Act as secretary of the judicial conference referred to in RCW 2.56.060;

    (9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;

    (10) Administer programs and standards for the training and education of judicial personnel;

    (11) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court.  The results of the weighted caseload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature.  It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;

    (12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;

    (13) Attend to such other matters as may be assigned by the supreme court of this state;

    (14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child.  This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;

    (15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive state-wide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW.  The curriculum shall be made available July 1, 1997, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements.  The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem;

    (16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims.  This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;

    (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families.  The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel.  Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts state-wide;

    (18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings.  The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;

    (19) Develop in consultation with interested groups a curriculum of education and training and/or standards of experience for persons to provide work of a legal nature for compensation pursuant to RCW 2.48.190(2).

 


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