In any action brought under this chapter that is tried by jury, the judge shall present the following questions to the jury after the jury has delivered its verdict in the proceeding. The questions shall be considered and answered by the jury in a deliberative process and the results announced in open court.

   (1) Do you as a jury believe any pleading, claim, or issue in this case was frivolous? To decide that a pleading, claim, or issue in this case was frivolous you must decide at least one of the following in the affirmative:

   (a) The pleading, claim, or issue was primarily filed, brought, or raised by a party for an improper purpose. "Improper purpose" means that the pleading, claim, or issue was filed, brought, or raised with the purpose of harassing, embarrassing, or coercing another party, causing unnecessary delay, or needlessly increasing litigation costs.

   (b) The pleading, claim, or issue was filed, brought, or raised in bad faith. "Bad faith" means that the party either knew reasonable grounds did not exist for filing, bringing, or raising the pleading, claim, or issue, or the party acted with reckless disregard as to whether or not reasonable grounds existed for filing, bringing, or raising the pleading, claim, or issue.

   (2) If your answers to the question in both (a) and (b) of subsection (1) of this section are "No" do not proceed further. If your answer is "Yes" to a question in either (a) or (b) of subsection (1) of this section, you must make one of the following recommendations:

   (a) We recommend that . . . . . . (name of party) be required to pay sanctions in the amount of . . . . . dollars, payable to . . . . . (name of party) as a result of filing, bringing, or raising a frivolous pleading, claim, or issue.

   (b) We do not believe that a monetary sanction should be imposed against . . . . . . (name of party) for filing, bringing, or raising a frivolous pleading, claim, or issue.

   (3) The court shall take the jury's recommendation under consideration in deciding whether to impose sanctions against a party for filing, bringing, or raising a frivolous pleading, claim, or issue. The court shall enter into the record written findings and conclusions in accepting or rejecting the jury's recommendations.

   (4) In addition to any other remedies provided in RCW 4.84.185 or by court rule, sanctions that may be imposed under this section at the discretion of the court for filing, bringing, or raising a frivolous pleading, claim, or issue include the payment of reasonable costs and reasonable attorneys' fees of the other party caused in responding to the frivolous pleading, claim, or issue, and a monetary penalty on the party or party's attorney who brought the frivolous pleading, claim, or issue, and the firm with which the attorney is employed or associated."

EFFECT: Amends the frivolous lawsuit portion of the bill to provide that the court must ask the jury, after the jury has issued its verdict, whether or not the jury thinks a pleading, claim, or issue raised in the action was frivolous and whether a sanction should be imposed, and if so, the amount of sanction the jury recommends. Requires the court to take the jury's recommendation into consideration.