S-4342.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6351

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Kline, McCaslin, Heavey, Long, Shin, Thibaudeau, Sheahan and Costa)

Read first time 01/31/2000.

Providing additional authority for superior court commissioners.

    AN ACT Relating to superior court commissioners; and amending RCW 2.24.040.

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

    Sec. 1.  RCW 2.24.040 and 1997 c 352 s 14 are each amended to read as follows:

    Such court commissioner shall have power, authority, and jurisdiction, concurrent with the superior court and the judge thereof, in the following particulars:

    (1) To hear and determine all matters in probate, to make and issue all proper orders therein, and to issue citations in all cases where same are authorized by the probate statutes of this state.

    (2) To grant and enter defaults and enter judgment thereon.

    (3) To issue temporary restraining orders and temporary injunctions, and to fix and approve bonds thereon.

    (4) To act as referee in all matters and actions referred to him or her by the superior court as such, with all the powers now conferred upon referees by law.

    (5) To hear and determine all proceedings supplemental to execution, with all the powers conferred upon the judge of the superior court in such matters.

    (6) To hear and determine all petitions for the adoption of children and for the dissolution of incorporations.

    (7) To hear and determine all applications for the commitment of any person to the hospital for the insane, with all the powers of the superior court in such matters:  PROVIDED, That in cases where a jury is demanded, same shall be referred to the superior court for trial.

    (8) To hear and determine all complaints for the commitments of minors with all powers conferred upon the superior court in such matters.

    (9) To hear and determine ex parte and uncontested civil matters of any nature.

    (10) To grant adjournments, administer oaths, preserve order, compel attendance of witnesses, and to punish for contempts in the refusal to obey or the neglect of the court commissioner's lawful orders made in any matter before the court commissioner as fully as the judge of the superior court.

    (11) To take acknowledgments and proofs of deeds, mortgages and all other instruments requiring acknowledgment under the laws of this state, and to take affidavits and depositions in all cases.

    (12) To provide an official seal, upon which shall be engraved the words "Court Commissioner," and the name of the county for which he or she may be appointed, and to authenticate his official acts therewith in all cases where same is necessary.

    (13) To charge and collect, for his or her own use, the same fees for the official performance of official acts mentioned in subsections (4) and (11) of this section as are provided by law for referees and notaries public.

    (14) To hear and determine small claims appeals as provided in chapter 12.36 RCW.

(15) In adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.200; accept pleas if authorized by local court rules; appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances; and accept waivers of the right to speedy trial.

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