HOUSE BILL REPORT
E2SSB 5454
As Reported by House Committee On:
Judiciary
Appropriations
Title: An act relating to court operations.
Brief Description: Revising trial court funding provisions.
Sponsors: Senators Hargrove, Kline, Delvin, Thibaudeau, Johnson, Shin, Stevens, Rockefeller
and Kohl-Welles; by request of Board For Judicial Administration.
Brief History:
Judiciary: 3/30/05, 3/31/05 [DPA];
Appropriations: 4/2/05 [DPA(JUDI)].
Brief Summary of Engrossed Second Substitute Bill (As Amended by House Committee) |
|
|
|
HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass as amended. Signed by 10 members: Representatives Lantz, Chair; Flannigan, Vice Chair; Williams, Vice Chair; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell, Kirby, Serben, Springer and Wood.
Staff: Trudes Tango Hutcheson (786-7384).
Background:
Funding for district and municipal courts is provided by local jurisdictions. Funding of
superior courts is primarily provided by local jurisdictions, except for the constitutionally
required obligation of the state to provide for one-half of the superior court judges' salaries
and benefits.
Local jurisdictions collect various fees in the trial court system and share some of the fees
with the state.
Court Fees
The filing fee for a civil cause of action in superior court is $110 and $31 in district court.
Currently, there is no filing fee when a party files a counter claim, cross-claim, or third-party
claim in civil actions. Courts also impose other fees, set by statute, for various services. For
example, fees are imposed for: jury demands; criminal convictions in superior court; appeals
filed in superior court from a lower court; filing a petition to contest a will; preparing
transcripts; and other services.
Generally, 46 percent of the money collected from superior court fees and 32 percent of the
money collected from district court fees are deposited in the state's Public Safety and
Education Account (PSEA) and the local jurisdictions retain the rest.
Criminal Indigent Defense and Dependencies and Termination Proceedings
Both the federal and state Constitutions contain guarantees of the right to legal representation
for an accused person in a criminal prosecution. Court decisions at both the federal and state
levels have construed these provisions to require public funding of indigent legal
representation in criminal prosecutions in which the accused's liberty is at stake. Statutes and
court decisions have also extended the right to publicly funded counsel to other cases, such as
involuntary commitments, dependency and termination proceedings, and juvenile cases.
Generally, the funding of trial-level criminal indigent defense costs are a local responsibility.
In dependency and termination proceedings, the state pays for prosecution and the counties
fund the defense costs for the parents.
Civil Legal Services
Various organizations, such as Columbia Legal Services, the Northwest Justice Project, and
volunteer attorney programs, provide civil (not criminal) legal services to low-income people
in Washington. State funding for civil legal services generally comes from the PSEA.
Law Libraries
Each county with a population of 8,000 or more is required to maintain a county law library.
State law provides that $12 of every new probate or civil filing fee collected in superior court
and $6 of every civil filing fee collected in district court are to be used for the support of the
county law library. Upon approval of the library board of trustees and the county legislative
authority, the $12 contribution amount may be increased to $15.
Summary of Amended Bill:
Superior and district court filing fees and other fees are increased, as provided in the table
below. The revenue to the state from the increased fees are to be deposited into a subaccount
of the PSEA and must be used for trial-level criminal indigent defense, representation of
parents in dependencies and termination proceedings, civil legal services, and to fund the trial
court improvement account. The trial court improvement account is created, and the
Administrative Office of the Courts shall administer the funds to local jurisdictions based on
need.
The revenue from fee increases is deemed to be complete reimbursement from the state for
the states's share of benefits paid to the superior court judges prior to the effective date of the
bill, and the state must not be liable for benefits for prior periods.
Funding for county law libraries is increased. The portion of each superior court civil filing
fee which is distributed to county law libraries is increased from $12 to $17. That amount
may be increased up to $20 and up to $30 in counties with multiple library sites. The portion
of each district court civil filing fee distributed to county law libraries is increased from $6 to
$7. These distributions will also be made from filing fees for counterclaims, cross-claims,
and third-party claims.
Court Fees
Fees in district and superior courts are amended as follows:District Court (subject to PSEA split) Current E2SSB 5454 Filing fee $31 $43 Filing counterclaim, cross-claim, or
third-party claims No provision $43 + dispute
resol. center fee
authorized by
county Issuing writs $6 $12 Filing supplemental proceedings $12 $20 Demanding jury in civil case $50 $125 Preparing transcripts of judgments $6 $20 Upon conviction or guilty plea court may
impose fee No provision $43 Jury fee (criminal cases) $25 $125 Jury fee (civil cases) $25 $125 Small claims court filing $10 $14 Small claims counter, cross, and third-party
claims No provision $14 + dispute
resol. center fee
authorized by
county Superior Court Fees (subject to PSEA
split)Current E2SSB 5454 Civil filing fee $110 $200 Filing counter, cross, and third-party claims No provision $200 Initial unlawful detainer filing $30 $45 Civil appeal from lower court $110 $200 Filing petition for review of administrative
act $110 $200 Filing unlawful harassment petition $41 $53 Filing notice of debt due for crime victim
comp. $110 $200 Instituting probate proceedings $110 $200 Filing petition to contest will in probate $110 $200 Upon criminal conviction $110 $200 Filing a judgment from a different court $15 $20 To proceed with an unlawful detainer action $80 $112 Filings in a nonjudicial probate dispute $2 $20 (if it is filed
within an existing
case in the same
court) Transferring venue No provision $20 Superior Court Fees (not subject to
PSEA split)Current E2SSB 5454 Filing petition for modification of a
dissolution or paternity decree $20 $36 Jury fee for 6 person jury (criminal) $50 $125 Jury fee for 12 person jury (criminal) $100 $250 Preparing certified copies w/ seal $2 first page
$1 add. pages$5
$1Authenticating a document $1 per seal $2 Preparing copies of documents w/o seal $2 first page
$1 add. pages$0.50 per page
$0.35 per page if
document is in
electronic formatCopies of documents on CD No provision $20 Filing supplemental proceedings No provision $20 Filing of oaths and affirmations $20 language removed Filing a disclaimer of interest $2 language removed Registering land titles $5 $20 Issuing extension of judgments $110 $200 Family law facilitator program fee (at
discretion of county) $10 $20 Filing frivolous mechanic and materialmen's
lien No provision $35 Filing a will or codicil No provision $20 Law Libraries Current E2SSB 5454 For every superior court civil filing fee,
county must deposit in law library fund $12 (up to $15 if
approved by county) $17 (up to $20 if
approved and up
to $30 in counties
with multiple
library sites) For every district court civil filing fee, county
must deposit $6 $7
Amended Bill Compared to Engrossed Second Substitute Bill:
The amended bill: (a) removes provisions requiring the state to pay for one-half of district
court and elected municipal court salaries and to pay 2.5 percent contribution in the
supplemental retirement account for those judges; (b) removes provisions establishing trial
court improvement accounts in cities and counties; (c) requires the revenue to the state from
the increased fees to be deposited in a sub-account of the PSEA to be appropriated only for
trial-level criminal indigent defense, parent representation in dependency and termination
cases, civil legal services, and to fund the trial court improvement account; and (d)
establishes a trial court improvement account to be administered by AOC.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: This bill represents a fundamental reform of how this state funds its trial
courts. The state's contribution to the judges' salaries will be identical to the state's obligation
under the Constitution to pay for half of the superior court judges' salaries. The state needs to
recognize the importance of trial courts and how these courts impact millions of citizens.
District and municipal courts are taking more and more of the cases and are integral to the
justice system. These courts are closer to the people than any level of other state court. The
state needs to give the cities and counties funds to improve its services. Washington is one of
the last in the nation when it comes to state funding of trial courts. The Legislature sets the
number of district court judges and passes laws that increase the work load on district courts.
Money from the state would be used by counties and cities to do things like continue drug
courts, extend their hours of operations, and fill positions that have been empty due to lack of
funding. The increase in filing fees are appropriate and across-the-board. Courts can always
review an individual's financial circumstances and waive the fees if necessary so that justice
is not denied.
(In support with concerns) This bill increases the judges' pensions but current pensions are
not adequately funded.
Testimony Against: None.
Persons Testifying: (In support) Gerry Alexander, Chief Justice of the Washington State
Supreme Court, Board for Judicial Administration; Judge Eileen Kato, District and Municipal
Court Judges' Association, Board for Judicial Administration; Judge Leonard Costello,
Superior Court Judges Association, Board for Judicial Administration; Mark Gjurasic,
Washington Apartment Association, Manufactured Housing Communities of Washington,
Institute for Real Estate Management, Rental Housing Association; Darlene Pennock,
Washington Apartment Association, Manufactured Housing Communities of Washington;
Kris Tefft, Association of Washington Business; Sophia Byrd, Association of Counties; and
Jeff Hall, Board for Judicial Administration.
(In support with concerns) Pat Thompson, County and City Employees.
HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: Do pass as amended by Committee on Judiciary. Signed by 28 members: Representatives Sommers, Chair; Fromhold, Vice Chair; Alexander, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Bailey, Buri, Clements, Cody, Conway, Darneille, Dunshee, Grant, Haigh, Hinkle, Hunter, Kagi, Kenney, Kessler, Linville, McDermott, McIntire, Miloscia, Pearson, Priest, Schual-Berke, Talcott and Walsh.
Staff: Nona Snell (786-7153).
Summary of Recommendation of Committee On Appropriations Compared to
Recommendation of Committee On Judiciary:
No new changes were recommended.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: None.
(With concerns) The Chief Justice of the Supreme Court has concerns about the bill as it was
amended by the House Judiciary Committee but wants the bill to pass out of Appropriations.
The Court Funding Task Force proposed the idea for the bill to the Board of Judicial
Administration. The intention of the bill is to change the fundamental structure of the court
system from local to a shared state/local responsibility. Before the bill was amended, it
required that district and elected municipal judges receive one-half of their salaries from the
state, the same as superior court judges. The bill would generate enough revenue to pay half
these salaries. However, as amended, the bill does not require the state to pay half of district
and municipal judges salaries.
Local courts have difficulty meeting responsibilities. If the state paid one-half of the salaries,
the savings could be applied to other needs that support state laws.
Testimony Against: None.
Persons Testifying: (Concerns) Gary Alexander, Chief Justice of the Supreme Court; Sophia Byrd, Association of Counties; and Jeff Hall, Board for Judicial Administration.