FINAL BILL REPORT

SHB 2362

C 572 L 09

Synopsis as Enacted

Brief Description: Providing support for judicial branch agencies by imposing surcharges on court fees and requesting the supreme court to consider increases to attorney licensing fees.

Sponsors: House Committee on Ways & Means (originally sponsored by Representative Kessler).

House Committee on Ways & Means

Senate Committee on Ways & Means

Background:

Overview of Superior Court Fees.

County clerks are elected officials who oversee all record-keeping matters pertaining to the superior courts, including receipting fees, fines, court-ordered moneys, and disbursement of funds. County clerks collect superior court filing fees and other fees for court services as prescribed by statute.

The following table gives the fee schedule for certain fees collected by the county clerks for their official services. These fees are subject to division between the county, the Public Safety and Education Account (PSEA), and the county or regional law library fund, with the exception of the fee for filing a notice of appeal or notice of discretionary review. The fee for filing a notice of appeal or discretionary review is transmitted to the appropriate state appellate court.

Superior Court Filing	Fee
First or initial paper in any civil action	$200
Unlawful detainer action	$45
First or initial paper on appeal from a court of limited jurisdiction or any civil appeal	$200
Petition for judicial review under the Administrative Procedure Act	$200
Notice of debt due for the compensation of a crime victim	$200
First paper in a probate proceeding	$200
Petition to contest a will admitted to probate or petition to admit a will which has been rejected	$200
Notice of appeal or notice of discretionary review	$250

Overview of District Court Fees.

District courts are courts of limited jurisdiction. They have concurrent jurisdiction with superior courts over misdemeanor and gross misdemeanor violations and civil cases in which the amount claimed or in dispute is $75,000 or less. District courts also have jurisdiction over small claims and traffic infractions.

District court clerks are required to collect fees for various services as prescribed by statute. Except for certain costs, all costs, fees, fines, forfeitures, and penalties collected in whole or in part by the district court are remitted by the district court clerk to the county treasurer. The county treasurer must remit 32 percent of the non-interest money received by district courts to the State Treasurer for deposit into the PSEA. The remaining balance of the non-interest money received by the county treasurer is deposited in the county current expense fund and the county or regional law library fund. Expenditures of the district court are paid from the county's current expense fund.

The following table gives the fee schedule for certain fees collected by the district court clerks for their official services.

Summary:

The following temporary surcharges are added to the fees collected by the superior and district courts:

• $30 for the filings listed in the superior court chart above, except for the filing of a first or initial paper in an appeal from a court of limited jurisdiction, which is subject to a $20 surcharge;

• $20 for the filings listed in the district court chart above, excluding small claims; and

• $10 for small claims filings.

The surcharges are in addition to the existing fees collected by the superior and district courts. The surcharges expire on July 1, 2011. All surcharges collected by the courts must be remitted to the State Treasurer for deposit in the Judicial Stabilization Trust Account.

A Judicial Stabilization Trust Account (Trust Account) is established in the custody of the State Treasurer. The surcharges created by this act must be deposited in this Trust Account. Moneys in the Trust Account may be spent only after appropriation. Expenditures from the Account may be used only for the support of judicial branch agencies.

Votes on Final Passage: