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ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 4498
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State of Washington 49th Legislature 1986 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senators Talmadge and Newhouse)
Read first time 2/10/86.
AN ACT Relating to courts; amending RCW 2.06.150, 2.08.067, 2.08.180, 2.32.070, 2.52.010, 2.52.030, 2.52.050, 2.56.030, 2.64.010, 2.64.020, 2.64.110, 3.34.130, 3.46.120, 3.50.100, 3.58.010, 3.58.020, 3.62.020, 3.62.040, 3.62.060, 3.62.090, 4.12.040, 4.14.010, 10.82.070, 12.40.010, 12.40.020, 35.20.160, 35.20.220, 36.18.025, 3.46.020, 3.70.010, 7.16.160, 9.92.070, 35.18.060, 35.23.020, 35.23.040, 35.23.190, 35.24.020, 35.24.080, 35.24.160, 35.27.070, 35.27.240, 35A.12.020, 35A.12.090, 35A.13.010, 35A.13.080, 46.52.100, 78.12.020, 78.12.060, 2.24.050, 4.32.250, 4.92.030, 7.16.350, 7.20.140, 8.04.070, 8.04.130, 8.04.150, 8.08.080, 8.12.200, 8.12.530, 8.16.130, 8.20.100, 8.20.120, 9.95.060, 10.77.230, 10.95.150, 11.52.016, 11.96.160, 11.110.110, 17.04.230, 17.16.110, 18.32.760, 18.92.210, 19.77.100, 20.01.200, 24.32.360, 28A.58.500, 28B.16.160, 29.79.170, 29.79.210, 29.82.160, 30.04.040, 31.08.260, 33.04.060, 33.08.070, 33.40.120, 34.04.140, 35.44.260, 35.44.270, 35.55.080, 35.56.090, 36.93.160, 36.94.290, 41.64.140, 43.21B.190, 43.21B.200, 43.24.120, 43.52.430, 47.32.060, 48.31.190, 49.60.260, 50.32.160, 51.52.110, 52.22.101, 54.16.160, 54.16.165, 57.16.090, 58.28.490, 59.12.200, 65.12.175, 72.33.240, 74.08.080, 79.01.500, 80.04.190, 80.04.260, 80.50.140, 81.04.190, 81.04.260, 81.53.130, 81.53.170, 82.32.180, 84.28.080, 84.28.110, 84.64.120, 84.64.400, 85.05.079, 85.05.470, 85.06.630, 85.06.660, 85.06.750, 85.08.440, 85.15.130, 85.16.190, 85.16.210, 85.18.140, 85.24.130, 85.24.140, 85.32.200, 87.03.410, 87.03.760, 87.03.765, 87.22.090, 87.56.225, 88.32.090, 90.03.200, 90.03.210, 90.24.070, 91.08.250, and 91.08.580; reenacting and amending RCW 36.18.020; adding a new section to chapter 2.08 RCW; adding a new section to chapter 2.52 RCW; adding a new section to chapter 4.28 RCW; adding a new section to chapter 7.75 RCW; adding a new section to chapter 26.09 RCW; adding a new section to chapter 26.12 RCW; creating new sections; repealing RCW 2.52.060, 2.52.070, 2.52.080, 1.30.010, 1.30.020, 1.30.030, 1.30.040, 1.30.050, 1.30.060, 41.06.083, 2.04.160, 2.04.170, 4.88.260, and 10.77.130; declaring an emergency; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
!af98,100
Sec. 1. Section 1, chapter 114, Laws of 1973 as amended by section 2, chapter 49, Laws of 1977 ex. sess. and RCW 2.06.150 are each amended to read as follows:
(1)
Whenever necessary for the prompt and orderly administration of justice, the
chief justice of the supreme court of the state of Washington may appoint any
regularly elected and qualified judge of the superior court ((or)),
any retired judge of a court of record in this state, or any attorney to
serve as judge pro tempore of the court of appeals: PROVIDED, HOWEVER, That no
active judge ((pro tempore)) of the superior court or attorney
appointed to serve on the court of appeals as judge pro tempore may serve
more than ninety days in any one year. The supreme court may by rule
establish qualifications for attorneys serving on the court of appeals as judge
pro tempore.
(2) Before entering upon his duties as judge pro tempore of the court of appeals, the appointee shall take and subscribe an oath of office as provided for in Article IV, section 28 of the state Constitution.
Sec. 2. Section 5, chapter 357, Laws of 1985 and RCW 2.08.067 are each amended to read as follows:
All judicial
positions created by the legislature after ((the effective date of this act))
July 28, 1985, including the additional judicial positions created by
sections 1 through 3, chapter 357, Laws of 1985, shall be authorized only for
counties that have implemented a mandatory arbitration program for civil claims
to the maximum extent permitted by law. This section does not apply to
counties of the third class or smaller.
Sec. 3. Section 11, page 343, Laws of 1890 as last amended by section 6, chapter 81, Laws of 1971 and RCW 2.08.180 are each amended to read as follows:
A case in
the superior court of any county may be tried by a judge pro tempore((, who)).
Whenever necessary for the prompt and orderly administration of justice, the
chief justice of the supreme court may appoint a voluntarily retired judge of a
superior court of this state to serve as judge pro tempore of the superior
court. A judge pro tempore who is not a retired judge of a superior court of
this state must be a member of the bar, agreed upon in writing by the
parties litigant, or their attorneys of record, approved by the court, and
sworn to try the case; and his action in the trial of such cause shall have the
same effect as if he were a judge of such court. A judge pro tempore shall,
before entering upon his duties in any cause, take and subscribe the following
oath or affirmation:
"I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore in the cause wherein .......... is plaintiff and .......... defendant, according to the best of my ability."
A judge pro tempore who is a practicing attorney and who is not a retired justice of the supreme court or judge of a superior court of the state of Washington, or who is not an active judge of an inferior court of the state of Washington, shall receive a compensation of one-two hundred and fiftieth of the annual salary of a superior court judge for each day engaged in said trial, to be paid in the same manner as the salary of the superior judge. A judge who is an active judge of an inferior court of the state of Washington shall receive no compensation as judge pro tempore. A justice or judge who has retired from the supreme court, court of appeals, or superior court of the state of Washington shall receive compensation as judge pro tempore in the amount of sixty percent of the amount payable to a judge pro tempore under this section.
NEW SECTION. Sec. 4. The amendment to RCW 2.08.180 by this 1986 act shall take effect on January 1, 1987, if the proposed amendment to Article IV, section 7 of the state Constitution is validly submitted to and is approved and ratified by the voters at a general election held in November 1986. If the proposed amendment is not so approved and ratified, the amendment shall be null and void.
NEW SECTION. Sec. 5. A new section is added to chapter 2.08 RCW to read as follows:
If a judicial district has more than one judge of the superior court, the association of superior court judges may by rule provide for the manner of selection of one of the judges to serve as chief administrative judge and prescribe the chief administrative judge's duties.
Sec. 6. Section 1, chapter 151, Laws of 1903 as last amended by section 2, chapter 331, Laws of 1981 and RCW 2.32.070 are each amended to read as follows:
The clerk of the supreme court and the clerks of the court of appeals shall collect the following fees for their official services:
Upon filing his first paper or record and making an appearance, the appellant or petitioner shall pay to the clerk of said court a docket fee of one hundred dollars.
For copies of opinions, twenty cents per folio: PROVIDED, That counsel of record and criminal defendants shall be supplied a copy without charge.
For
certificates showing admission of an attorney to practice law ((two)) four
dollars, except that there shall be no fee for an original certificate to be
issued at the time of his admission.
For filing a petition for review of a decision of the court of appeals, one hundred dollars.
The foregoing fees shall be all the fees connected with the appeal or special proceeding.
No fees shall be required to be advanced by the state or any municipal corporation, or any public officer prosecuting or defending on behalf of such state or municipal corporation.
Sec. 7. Section 1, chapter 45, Laws of 1925 ex. sess. as last amended by section 1, chapter 112, Laws of 1977 ex. sess. and RCW 2.52.010 are each amended to read as follows:
There is hereby established a judicial council which shall consist of the following:
(1) The
chief justice ((and one other justice)) of the supreme court((, to be
selected and appointed by the chief justice of the supreme court));
(2) ((Two))
One judge((s)) of the court of appeals, to be selected and
appointed by the three chief judges of the three divisions thereof;
(3) ((Two))
One judge((s)) of the superior court, to be selected and
appointed by the superior court judges' association;
(4) ((Four))
Two members of the state senate((, no more than two of whom)) who
shall not be members of the same political party, one of whom will be
the chairman of the senate judiciary committee((, two to be designated by
the chairman, and one to be designated by the chief justice of the state
supreme court; four)); two members of the state house of representatives((,
no more than two of whom)) who shall not be members of the
same political party, one of whom shall be the chairman of the house judiciary
committee((, two to be designated by the chairman, and one to be designated
by the chief justice of the state supreme court; unless the house judiciary
committee is organized into two sections, in which case the chairman of each
section shall be a member, and they shall designate the third house member, and
the chief justice shall designate the fourth house member;
(5) The
dean of each recognized school of law within this state));
(((6)
Eight)) (5) Four members of the bar who are practicing law, one of
whom shall be either a public defender or a legal services attorney, and at
least one of whom is a prosecuting attorney, with the public defender or legal
services attorney ((and three others to be appointed by the chief justice of
the supreme court with the advice and consent of the other judges of the court)),
and ((four)) two to be appointed by the board of governors of the
Washington state bar association from a list of nominees submitted by the
legislative committee of the Washington state bar association;
(((7)
The attorney general;
(8) Two)) (6) One judge((s)) from the courts of
limited jurisdiction chosen by the Washington state magistrates' association;
and
(((9) A))
(7) One county clerk to be selected and appointed by the Washington
state association of county clerks.
Sec. 8. Section 3, chapter 45, Laws of 1925 ex. sess. and RCW 2.52.030 are each amended to read as follows:
The chief
justice shall be chairman of the council, and one of the other members may be
appointed by the council to be executive secretary. ((The state law
librarian shall be recording secretary, and he shall keep in his office records
of the proceedings and acts of the council.)) The council may make rules
for its procedure and the conduct of its business, and may employ such clerical
assistants and procure such office supplies as shall be necessary in the
performance of its duties.
Sec. 9. Section 1, chapter 260, Laws of 1981 and RCW 2.52.050 are each amended to read as follows:
It shall be the duty of the council:
(1) ((Continuously
to survey and study the operation of the judicial department of the state, the
volume and condition of business in the courts, whether of record or not, the
methods of procedure therein, the work accomplished, and the character of the
results;
(2) To
receive and consider suggestions from judges, public officers, members of the
bar, and citizens as to remedies for faults in the administration of justice;
(3) To
devise ways of simplifying judicial procedure, expediting the transaction of
judicial business, and correcting faults in the administration of justice;
(4))) To receive recommendations from justices, judges,
public officials, lawyers, and the public to amend current law;
(2) To consider such recommendations, and to examine the common law and statutes of the state and judicial decisions, and propose changes in current law;
(3) To submit from time to time to the courts or the judges such suggestions as it may deem advisable for changes in rules, procedure, or methods of administration;
(((5)))
(4) To report ((annually)) as may be necessary to the
governor and the legislature with the council's recommendations as to needed
changes in the organization of the judicial department or the courts or in
judicial procedure; and
(((6)))
(5) To assist the judges in giving effect to Art. 4, Section 25 of the
state Constitution.
NEW SECTION. Sec. 10. A new section is added to chapter 2.52 RCW to read as follows:
The administrator for the courts shall make available to the council such staff as necessary to carry out the work of the council.
NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:
(1) Section 6, chapter 45, Laws of 1925 ex. sess. and RCW 2.52.060;
(2) Section 7, chapter 45, Laws of 1925 ex. sess. and RCW 2.52.070;
(3) Section 8, chapter 45, Laws of 1925 ex. sess., section 5, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 2.52.080;
(4) Section 1, chapter 183, Laws of 1982 and RCW 1.30.010;
(5) Section 2, chapter 183, Laws of 1982 and RCW 1.30.020;
(6) Section 3, chapter 183, Laws of 1982 and RCW 1.30.030;
(7) Section 4, chapter 183, Laws of 1982 and RCW 1.30.040;
(8) Section 5, chapter 183, Laws of 1982 and RCW 1.30.050;
(9) Section 9, chapter 183, Laws of 1982 and RCW 1.30.060; and
(10) Section 10, chapter 183, Laws of 1982 and RCW 41.06.083.
Sec. 12. Section 3, chapter 259, Laws of 1957 as amended by section 1, chapter 132, Laws of 1981 and RCW 2.56.030 are each amended to read as follows:
The administrator for the courts shall, under the supervision and direction of 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) Formulate and submit to the judicial council of this state recommendations of policies for the improvement of the judicial system; and
(10) Submit annually, as of February 1st, to the chief justice and the judicial council, a report of the activities of the administrator's office for the preceding calendar year;
(11) Administer programs and standards for the training and education of judicial personnel;
(12) Examine the need for new superior court and district court 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; and
(13) Attend to such other matters as may be assigned by the supreme court of this state.
NEW SECTION. Sec. 13. The legislative budget committee shall conduct a financial and performance audit of the judicial information system. The committee shall submit a report to the legislature on its findings by January 1, 1987.
Sec. 14. Section 2, chapter 268, Laws of 1981 and RCW 2.64.010 are each amended to read as follows:
For
purposes of this chapter, "commission" means the judicial
qualifications commission provided for in Article IV, section 31 of the state
Constitution, which is authorized to recommend to the supreme court, after
notice and hearing, the censure, suspension or removal of a judge or justice
for violating a rule of judicial conduct, for failure to strictly adhere to
and uphold the judicial oath of office, or the retirement of a judge or
justice for disability which is permanent, or likely to become permanent, and
which seriously interferes with the performance of judicial duties. For
purposes of this chapter, the term "judge or justice" includes
justices of the supreme court, judges of the court of appeals, judges of the
superior courts, judges of any court organized under Title((s 3, 35, or 35A))
3 or 35 RCW, ((and)) judges pro tempore, court commissioners,
and magistrates. This chapter shall apply to any judge or justice,
regardless of whether the judge or justice serves full time or part time, and
regardless of whether the judge or justice is admitted to practice law in this
state.
Sec. 15. Section 3, chapter 268, Laws of 1981 and RCW 2.64.020 are each amended to read as follows:
The
commission shall consist of ((seven)) nine members. One member
shall be a judge selected by and from the court of appeals judges; one member
shall be a judge selected by and from the superior court judges; one member
shall be a judge selected by and from the district court judges; two members shall
be selected by the state bar association and be admitted to the practice of law
in this state; and ((two)) four members shall be nonlawyers
appointed by the governor and confirmed by the senate. The term of each member
of the commission shall be four years.
((The
initial terms shall be determined by lot conducted by commission members as
follows:
(1) One
member shall serve a one-year term;
(2) Two
members shall serve two-year terms;
(3) Two
members shall serve three-year terms; and
(4) Two
members shall serve four-year terms.
The selection by lot
shall be adjusted, if necessary, so neither the two lawyer members' terms nor
the two lay members' terms will expire in the same year. Initial terms shall
commence thirty days following May 18, 1981.))
NEW SECTION. Sec. 16. The amendment to RCW 2.64.020 by this 1986 act shall take effect on January 1, 1987, if the proposed amendment to Article IV, section 31 of the state Constitution modifying the membership of the judicial qualifications commission is validly submitted to and is approved and ratified by the voters at a general election held in November 1986. If the proposed amendment is not so approved and ratified, the amendment shall be null and void.
Sec. 17. Section 12, chapter 268, Laws of 1981 and RCW 2.64.110 are each amended to read as follows:
(1) All pleadings, papers, evidence records, and files of the commission, including complaints and the identity of complainants, compiled or obtained during the course of an investigation, are exempt from the public disclosure requirements of chapter 42.17 RCW. The commission shall establish rules for the confidentiality of its proceedings with due regard for the privacy interests of judges or justices who are the subject of an inquiry and the protection of persons who file complaints with the commission. Any person giving information to the commission or its employees, any member of the commission, or any person employed by the commission is subject to a proceeding for contempt in superior court for disclosing information in violation of a commission rule.
(2) Any fact-finding hearing before either the commission or a master shall be open and public and all persons shall be permitted to attend any such hearing unless the commission determines that it would not be in the public interest.
(3) Any commission recommendation of discipline or retirement and any admonishment or reprimand by the commission shall be published in the advance sheets of the reports of the supreme court.
Sec. 18. Section 22, chapter 299, Laws of 1961 as last amended by section 302, chapter 258, Laws of 1984 and RCW 3.34.130 are each amended to read as follows:
(1) Each
district court shall designate one or more persons as judge pro tempore who
shall serve during the temporary absence, disqualification, or incapacity of a
district judge. The qualifications of a judge pro tempore shall be the same as
for a district judge, except that with respect to RCW 3.34.060(1), the person
appointed need only be a registered voter of the state. A judge pro tempore
may sit in any district of the county for which he or she is appointed. A
judge pro tempore shall be paid ((for each day he or she holds a session
one-two hundred fiftieth of the annual salary of a full time district judge))
the salary authorized by the county legislative authority. For each day
that a judge pro tempore serves in excess of thirty days during any calendar
year, the annual salary of the judge in whose place he or she serves shall be
reduced by an amount equal to one-two hundred fiftieth of such salary:
PROVIDED, That each full time district judge shall have up to fifteen days
annual leave without reduction for service on judicial commissions established
by the legislature or the chief justice of the supreme court. No reduction in
salary shall occur when a judge pro tempore serves while a district judge is
using sick leave granted in accordance with RCW 3.34.100.
(2) The legislature may appropriate money for the purpose of reimbursing counties for the salaries of judges pro tempore for certain days in excess of thirty worked per year that the judge pro tempore was required to work as the result of service by a judge on a commission as authorized under subsection (1) of this section. No later than September 1 of each year, each county treasurer shall certify to the administrator for the courts for the year ending the preceding June 30, the number of days in excess of thirty that any judge pro tempore was required to work as the result of service by a judge on a commission as authorized under subsection (1) of this section. Upon receipt of the certification, the administrator for the courts shall reimburse the county from money appropriated for that purpose.
Sec. 19. Section 46, chapter 299, Laws of 1961 as last amended by section 3, chapter 389, Laws of 1985 and RCW 3.46.120 are each amended to read as follows:
(1) All
money received by the clerk of a municipal department including penalties,
fines, bail forfeitures, fees and costs, ((except those costs specified in
RCW 4.84.010 or otherwise provided for by statute,)) assessed and
collected in whole or in part by the court shall be paid by the clerk to the
city treasurer.
"Costs," as used in this subsection, does not include those costs awarded to prevailing parties in civil actions under RCW 4.84.010, 36.18.040, or other similar statute, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, 36.18.040, or other similar statute.
(2) The city treasurer shall remit monthly thirty-two percent of the money received under this section, other than for parking infractions, to the state treasurer. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.
Sec. 20. Section 59, chapter 299, Laws of 1961 as last amended by section 4, chapter 389, Laws of 1985 and RCW 3.50.100 are each amended to read as follows:
(1) Costs
in civil and criminal actions may be imposed as provided in district court.
All fees, costs ((except those costs awarded to prevailing parties under RCW
4.84.010, 36.18.040, or other similar statute)), fines, forfeitures and
other money imposed by any municipal court for the violation of any municipal
or town ordinances shall be collected by the court clerk and, together with any
other revenues received by the clerk, shall be deposited with the city or town
treasurer as a part of the general fund of the city or town, or deposited in
such other fund of the city or town, or deposited in such other funds as may be
designated by the laws of the state of Washington.
"Costs," as used in this subsection, does not include those costs awarded to prevailing parties in civil actions under RCW 4.84.010, 36.18.040, or other similar statute, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, 36.18.040, or other similar statute.
(2) The city treasurer shall remit monthly thirty-two percent of the money received under this section, other than for parking infractions, to the state treasurer. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.
Sec. 21. Section 100, chapter 299, Laws of 1961 as last amended by section 1, chapter 7, Laws of 1985 and RCW 3.58.010 are each amended to read as follows:
((The
annual salary of each full time district court judge shall be ninety percent of
the salary of a judge of a superior court: PROVIDED, That in cities having a
population in excess of four hundred thousand, the city which pays the salary
may increase such salary of its municipal judges to an amount not more than the
salary paid the superior court judges in the county in which the court is
located: PROVIDED FURTHER, That)) The annual salary of district court
judges shall be prescribed by the legislature in the biennial omnibus
appropriations act. A member of the legislature whose term of office is
partly coextensive with or extends beyond the present term of office of any of
the officials whose salary is increased by virtue of the provisions of RCW
43.03.010, 2.04.092, 2.06.062, 2.08.092, and 3.58.010 shall be eligible to be
appointed or elected to any of the offices the salary of which is increased
hereby but he shall not be entitled to receive such increased salary until
after the expiration of his present term of office and his subsequent election
or reelection to the office to which he was appointed or elected respectively
during his term of office as legislator.
Sec. 22. Section 101, chapter 299, Laws of 1961 as last amended by section 35, chapter 258, Laws of 1984 and RCW 3.58.020 are each amended to read as follows:
The annual
salaries of part time district court judges shall be ((set by the
county legislative authority in each county in accordance with the minimum and
maximum salaries provided in this subsection:
(1) In
districts having a population under two thousand five hundred persons, the
salary shall be not less than one thousand five hundred dollars nor more than
twelve thousand dollars;
(2) In
districts having a population of two thousand five hundred persons or more, but
less than five thousand, the salary shall be set at not less than one thousand
eight hundred dollars nor more than fifteen thousand five hundred dollars;
(3) In
districts having a population of five thousand persons or more, but less than
seven thousand five hundred, the salary shall be set at no less than one
thousand eight hundred or more than twenty-five thousand dollars;
(4) In
districts having a population of seven thousand five hundred persons or more,
but less than ten thousand, the salary shall be set at not less than two
thousand two hundred fifty dollars or more than thirty thousand dollars;
(5) In
districts having a population of ten thousand persons or more, but less than
twenty thousand, the salary shall be set at no less than three thousand dollars
or more than thirty-two thousand dollars;
(6) In
districts having a population of twenty thousand persons or more, but less than
thirty thousand, the salary shall be set at not less than five thousand two
hundred fifty dollars or more than forty thousand dollars)) prescribed by the county legislative authority,
except that no salary may be greater than three-fourths of the salary of
full-time district court judges.
Sec. 23. Section 106, chapter 299, Laws of 1961 as last amended by section 5, chapter 389, Laws of 1985 and RCW 3.62.020 are each amended to read as follows:
(1) Except
as provided in subsection (4) of this section, all costs ((except those
costs awarded to prevailing parties under RCW 4.84.010, 36.18.040, or other
similar statute)), fees, fines, forfeitures and penalties assessed and
collected in whole or in part by district courts, except fines, forfeitures and
penalties assessed and collected, in whole or in part, because of the violation
of city ordinances, shall be remitted by the clerk of the district court to the
county treasurer at least monthly, together with a financial statement as
required by the division of municipal corporations, noting the information
necessary for crediting of such funds as required by law.
"Costs," as used in this subsection, does not include those costs awarded to prevailing parties in civil actions under RCW 4.84.010, 36.18.040, or other similar statute, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, 36.18.040, or other similar statute.
(2) The county treasurer shall remit thirty-two percent of the money received under subsection (1) of this section to the state treasurer. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
Sec. 24. Section 108, chapter 299, Laws of 1961 as last amended by section 6, chapter 389, Laws of 1985 and RCW 3.62.040 are each amended to read as follows:
(1) Except
as provided in subsection (4) of this section, all costs ((except those
costs awarded to prevailing parties under RCW 4.84.010, 36.18.040, or other
similar statute)), fines, forfeitures and penalties assessed and collected,
in whole or in part, by district courts because of violations of city
ordinances shall be remitted by the clerk of the district court at least
monthly directly to the treasurer of the city wherein the violation occurred.
"Costs," as used in this subsection, does not include those costs awarded to prevailing parties in civil actions under RCW 4.84.010, 36.18.040, or other similar statute, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, 36.18.040, or other similar statute.
(2) The city treasurer shall remit monthly thirty-two percent of the money received under this section, other than for parking infractions, to the state treasurer. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.
(4) All money collected for city parking infractions shall be remitted by the clerk of the district court at least monthly to the city treasurer for deposit in the city's general fund.
Sec. 25. Section 110, chapter 299, Laws of 1961 as last amended by section 309, chapter 258, Laws of 1984 and RCW 3.62.060 are each amended to read as follows:
Clerks of the district court shall collect the following fees for their official services:
(1)
In any civil action commenced before or transferred to a district court, the
plaintiff shall, at the time of such commencement or transfer, pay ((to such
court)) a filing fee of twenty dollars. ((No party shall be compelled
to pay to the court any other fees or charges up to and including the rendition
of judgment in the action.))
(2) For preparing, transcribing, or certifying any instrument on file or of record in the clerk's office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.
(3) For preparing the record of a case for appeal to superior court, there shall be paid a fee of thirty dollars.
Sec. 26. Section 337, chapter 258, Laws of 1984 and RCW 3.62.090 are each amended to read as follows:
(1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court.
(2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under RCW 46.61.515, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court.
NEW SECTION. Sec. 27. A new section is added to chapter 4.28 RCW to read as follows:
(1) Except as provided in subsection (2) of this section, all pleadings, motions, and other papers in any civil action shall be filed with the clerk of the superior court in which the action was brought.
(2) Depositions, interrogatories, requests for production or inspection, requests for admissions, and the responses thereto shall not be filed with the court or clerk of court. This subsection does not preclude their use as exhibits or as evidence on a motion or at a trial.
Sec. 28. Section 1, chapter 121, Laws of 1911 as last amended by section 1, chapter 303, Laws of 1961 and RCW 4.12.040 are each amended to read as follows:
(1) No judge of a superior court of the state of Washington shall sit to hear or try any action or proceeding when it shall be established as hereinafter provided that said judge is prejudiced against any party or attorney, or the interest of any party or attorney appearing in such cause.
(2) In such case the presiding judge in judicial districts where there is more than one judge shall forthwith transfer the action to another department of the same court, or call in a judge from some other court.
((In all
judicial districts where there is only one judge, a certified copy of the
motion and affidavit filed in the cause shall be transmitted by the clerk of
the superior court to the clerk of the supreme court or the administrator for
the court, and the chief justice of the supreme court shall direct a visiting
judge to hear and try such action as soon as convenient and practical.))
(3) In all judicial districts in which there is only one judge and in cases in which a transfer is necessary or appropriate pursuant to RCW 2.28.030, 4.12.030(4), or subsection (1) of this section, the transfer shall be made in the manner established by rule of the supreme court. (4) The presiding judge in judicial districts where there is more than one judge, or the chief justice of the supreme court for judicial districts where there is only one judge, may send a case for trial to another court if the convenience of witnesses or the ends of justice will not be interfered with by such a course and the action is of such a character that a change of venue may be ordered: PROVIDED, That in criminal prosecutions the case shall not be sent for trial to any court outside the county unless the accused shall waive his right to a trial by a jury of the county in which the offense is alleged to have been committed.
Sec. 29. Section 4, chapter 46, Laws of 1967 ex. sess. and RCW 4.14.010 are each amended to read as follows:
((Whenever
the removal of such action to superior court is required in order to acquire
jurisdiction over a third party defendant, who is or may be liable to the
defendant for all or part of the judgment and resides outside the county
wherein the action was commenced, any civil action which could have been
brought in superior court may, if commenced in justice court, be removed by the
defendant or defendants to the superior court for the county where such action
is pending if the court determines that there are reasonable grounds to believe
that a third party may be liable to the plaintiff and issues an order so
stating.))
Whenever a separate or independent claim or cause of action which would be removable if sued upon alone is joined with one or more otherwise nonremovable claims or causes of action, the entire case may be removed and the superior court may determine all issues therein, or, in its discretion, may remand all matters not otherwise within its original jurisdiction.
NEW SECTION. Sec. 30. A new section is added to chapter 7.75 RCW to read as follows:
(1) Members of the board of directors of a dispute resolution center are immune from suit in any civil action based upon any proceedings or other official acts performed in good faith as members of the board.
(2) Employees and volunteers of a dispute resolution center are immune from suit in any civil action based on any proceedings or other official acts performed in their capacity as employees or volunteers, except in cases of wilful or wanton misconduct.
(3) A dispute resolution center is immune from suit in any civil action based on any of its proceedings or other official acts performed by its employees, volunteers, or members or its board of directors, except (a) in cases of wilful or wanton misconduct by its employees or volunteers, and (b) in cases of official acts performed in bad faith by members of its board.
Sec. 31. Section 3, page 421, Laws of 1873 as last amended by section 7, chapter 389, Laws of 1985 and RCW 10.82.070 are each amended to read as follows:
(1) All
sums of money derived from costs ((except those costs awarded to prevailing
parties under RCW 4.84.010, 36.18.040, or other similar statute)), fines,
penalties, and forfeitures imposed or collected, in whole or in part, by a
superior court for violation of orders of injunction, mandamus and other like
writs, for contempt of court, or for breach of the penal laws shall be paid in
cash by the person collecting the same, within twenty days after the
collection, to the county treasurer of the county in which the same have
accrued.
"Costs," as used in this subsection, does not include those costs awarded to prevailing parties in civil actions under RCW 4.84.010, 36.18.040, or other similar statute, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, 36.18.040, or other similar statute.
(2) The county treasurer shall remit monthly thirty-two percent of the money received under this section to the state treasurer for deposit as provided under RCW 43.08.250 and shall deposit the remainder as provided by law.
(3) All fees, fines, forfeitures and penalties collected or assessed by a justice court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. All fees, fines, forfeitures, and penalties collected or assessed by a superior court in cases on appeal from a lower court shall be remitted to the municipal or district court from which the cases were appealed.
Sec. 32. Section 1, chapter 187, Laws of 1919 as last amended by section 57, chapter 258, Laws of 1984 and RCW 12.40.010 are each amended to read as follows:
In every district court there shall be created and organized by the court a department to be known as the "small claims department of the district court". The small claims department shall have jurisdiction, but not exclusive, in cases for the recovery of money only if the amount claimed does not exceed one thousand five hundred dollars. The district court may use the procedures established in chapter 7.75 RCW for dispute resolution centers to hear these claims.
Sec. 33. Section 2, chapter 187, Laws of 1919 as amended by section 58, chapter 258, Laws of 1984 and RCW 12.40.020 are each amended to read as follows:
A small
claims action shall be commenced by the plaintiff filing a claim, in the form
prescribed by RCW 12.40.050, in the small claims department. A filing fee of
((ten)) fifteen dollars shall be paid when the claim is filed.
Sec. 34. Section 35.20.160, chapter 7, Laws of 1965 as amended by section 3, chapter 147, Laws of 1965 and RCW 35.20.160 are each amended to read as follows:
The total
of the salaries of each municipal judge under this chapter shall be fixed by
the legislative body of the city ((at not less than nine thousand dollars
per annum, to be paid in monthly or semimonthly installments as for other
officials of the city, and such total salaries shall not be more than the
salaries paid the superior court judges in the county in which the court is
located)). No salary of a judge under this section may be diminished
after the judge's election or during the judge's term of office in violation of
Article XI, section 8 of the state Constitution.
NEW SECTION. Sec. 35. A new section is added to chapter 26.12 RCW to read as follows:
(1) Any county may contract under chapter 39.34 RCW with any other county or counties to provide joint family court services.
(2) Any agreement between two or more counties for the operation of a joint family court service may provide that the treasurer of one participating county shall be the custodian of moneys made available for the purposes of the joint services, and that the treasurer may make payments from the moneys upon proper authorization.
(3) Any agreement between two or more counties for the operation of a joint family court service may also provide:
(a) For the joint provision or operation of services and facilities or for the provision or operation of services and facilities by one participating county under contract for the other participating counties;
(b) For appointments of members of the staff of the family court including the supervising counselor;
(c) That, for specified purposes, the members of the staff of the family court including the supervising counselor, but excluding the judges of the family court and other court personnel, shall be considered to be employees of one participating county;
(d) For other matters as are necessary to carry out the purposes of this chapter.
(4) The provisions of this chapter relating to family court services provided by a single county are equally applicable to counties which contract, under this section, to provide joint family court services.
NEW SECTION. Sec. 36. A new section is added to chapter 26.09 RCW to read as follows:
(1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage is dissolved. The mediator shall use his or her best efforts to effect a settlement of the custody or visitation dispute.
(2) Each superior court may make available a mediator. The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court. In order to provide mediation services, the court is not required to institute a family court.
(3) Mediation proceedings shall be held in private and shall be confidential. The mediator shall not testify as to any aspect of the mediation proceedings.
(4) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children if the mediator deems such interview appropriate or necessary.
(5) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court.
Sec. 37. Section 35.20.220, chapter 7, Laws of 1965 as last amended by section 8, chapter 389, Laws of 1985 and RCW 35.20.220 are each amended to read as follows:
(1) The chief clerk, under the supervision and direction of the court administrator of the municipal court, shall have the custody and care of the books, papers and records of said court; he shall be present by himself or deputy during the session of said court, and shall have the power to swear all witnesses and jurors, and administer oaths and affidavits, and take acknowledgments. He shall keep the records of said court, and shall issue all process under his hand and the seal of said court, and shall do and perform all things and have the same powers pertaining to his office as the clerks of the superior courts have in their office. He shall receive all fines, penalties and fees of every kind, and keep a full, accurate and detailed account of the same; and shall on each day pay into the city treasury all money received for said city during the day previous, with a detailed account of the same, and taking the treasurer's receipt therefor.
(2) The
city treasurer shall remit monthly thirty-two percent of the money and costs
received under this section, other than for parking infractions ((and costs
awarded to prevailing parties under RCW 4.84.010, 36.18.040, or other similar
statute)), to the state treasurer. Money remitted under this subsection to
the state treasurer shall be deposited as provided in RCW 43.08.250.
"Costs," as used in this subsection, does not include those costs awarded to prevailing parties in civil actions under RCW 4.84.010, 36.18.040, or other similar statute, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, 36.18.040, or other similar statute.
(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.
Sec. 38. Section 1, chapter 38, Laws of 1973 as last amended by section 104, chapter 7, Laws of 1985 and by section 1, chapter 24, Laws of 1985 and RCW 36.18.020 are each reenacted and amended to read as follows:
Clerks of superior courts shall collect the following fees for their official services:
(1) The party filing the first or initial paper in any civil action, including an action for restitution, or change of name, shall pay, at the time said paper is filed, a fee of seventy dollars except in proceedings filed under RCW 26.50.030 where the petitioner shall pay a filing fee of twenty dollars.
(2) Any party filing the first or initial paper on an appeal from justice court or on any civil appeal, shall pay, when said paper is filed, a fee of seventy dollars.
(3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a justice court in the county of issuance, shall pay at the time of filing, a fee of fifteen dollars.
(4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars shall be paid.
(5) For the filing of a petition for modification of dissolution, a fee of thirty-five dollars shall be paid.
(6) The party filing a demand for jury of six in a civil action, shall pay, at the time of filing, a fee of twenty-five dollars; if the demand is for a jury of twelve the fee shall be fifty dollars. If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional twenty-five dollar fee will be required of the party demanding the increased number of jurors.
(((6)))
(7) For filing any paper, not related to or a part of any proceeding,
civil or criminal, or any probate matter, required or permitted to be filed in
his office for which no other charge is provided by law, or for filing a
petition, written agreement, or memorandum as provided in RCW 11.96.170, the
clerk shall collect two dollars.
(((7)))
(8) For filing a motion for continuance of a civil trial date, a fee of five
dollars shall be paid.
(9) For preparing, transcribing or certifying any instrument on file or of record in his office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.
(((8)))
(10) For executing a certificate, with or without a seal, a fee of two
dollars shall be charged.
(((9)))
(11) For each garnishee defendant named in an affidavit for garnishment
and for each writ of attachment, a fee of five dollars shall be charged.
(((10)))
(12) For the initial deposit of moneys, negotiable instruments, securities,
or other intangible property of value, there shall be paid a fee of fifteen
dollars.
(13) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.
(((11)))
(14) In probate proceedings, the party instituting such proceedings,
shall pay at the time of filing the first paper therein, a fee of seventy
dollars: PROVIDED, HOWEVER, A fee of ((two)) four dollars shall
be charged for filing a will only, when no probate of the will is
contemplated. Except as provided for in subsection (((12))) (15)
of this section a fee of ((two)) four dollars shall be charged
for filing a petition, written agreement, or memorandum as provided in RCW
11.96.170.
(((12)))
(15) For filing any petition to contest a will admitted to probate or a
petition to admit a will which has been rejected, or a petition objecting to a
written agreement or memorandum as provided in RCW 11.96.170, there shall be
paid a fee of seventy dollars.
(((13)))
(16) For the issuance of each certificate of qualification and each
certified copy of letters of administration, letters testamentary or letters of
guardianship there shall be a fee of two dollars.
(((14)))
(17) For the preparation of a passport application there shall be a fee
of four dollars.
(((15)))
(18) For searching records for which a written report is issued there
shall be a fee of eight dollars per hour.
(((16)))
(19) Upon conviction or plea of guilty or upon failure to prosecute his
appeal from a lower court as provided by law, a defendant in a criminal case
shall be liable for a fee of seventy dollars.
(((17)
With the exception of demands for jury hereafter made and garnishments
hereafter issued, civil actions and probate proceedings filed prior to
midnight, July 1, 1972, shall be completed and governed by the fee schedule in
effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an
order of dismissal on the clerk's record be filed as provided by rule of the
supreme court.
(18))) No fee shall be collected when a petition for
relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for
forms and instructional brochures provided under RCW 26.50.030.
Sec. 39. Section 2, chapter 20, Laws of 1972 ex. sess. as last amended by section 9, chapter 389, Laws of 1985 and RCW 36.18.025 are each amended to read as follows:
Thirty-two
percent of the money received from filing fees paid pursuant to RCW 36.18.020((,
as now or hereafter amended,)) shall be transmitted by the county treasurer
each month to the state treasurer for deposit in the public safety and
education account established under RCW 43.08.250.
NEW SECTION. Sec. 40. The ways and means and judiciary committees of the senate and house of representatives shall conduct a review of the public safety and education assessment. As part of this review, the committees shall consider the process of collecting revenues for the public safety and education account and the financing of programs from that account.
PART II
!af98,200
Sec. 41. Section 36, chapter 299, Laws of 1961 as amended by section 73, chapter 258, Laws of 1984 and RCW 3.46.020 are each amended to read as follows:
Each judge
of a municipal department shall be a judge of the district court in which the
municipal department is situated. Such judge ((may)) shall be ((alternately))
designated as a municipal judge ((or police judge)).
Sec. 42. Section 123, chapter 299, Laws of 1961 as amended by section 50, chapter 258, Laws of 1984 and RCW 3.70.010 are each amended to read as follows:
There is
established in the state an association, to be known as the Washington state
magistrates' association, membership in which shall include all duly elected or
appointed and qualified judges of courts of limited jurisdiction, including but
not limited to district judges((, police court judges)) and municipal
court judges.
Sec. 43. Section 16, chapter 65, Laws of 1895 and RCW 7.16.160 are each amended to read as follows:
It may be
issued by any court, except a ((justice's or a police)) district or
municipal court, to any inferior tribunal, corporation, board or person, to
compel the performance of an act which the law especially enjoins as a duty
resulting from an office, trust or station, or to compel the admission of a
party to the use and enjoyment of a right or office to which he is entitled,
and from which he is unlawfully precluded by such inferior tribunal,
corporation, board or person.
Sec. 44. Section 1, chapter 15, Laws of 1923 and RCW 9.92.070 are each amended to read as follows:
Hereafter
whenever any judge of any superior court((, justice of the peace or police))
or a district or municipal judge shall sentence any person to pay any
fine and costs, he may, in his discretion, provide that such fine and costs may
be paid in certain designated installments, or within certain designated period
or periods; and if such fine and costs shall be paid by the defendant in
accordance with such order no commitment or imprisonment of the defendant shall
be made for failure to pay such fine or costs. PROVIDED, that the provisions
of this section shall not apply to any sentence given for the violation of any
of the liquor laws of this state.
Sec. 45. Section 35.18.060, chapter 7, Laws of 1965 as amended by section 1, chapter 116, Laws of 1965 ex. sess. and RCW 35.18.060 are each amended to read as follows:
The powers and duties of the city manager shall be:
(1) To have general supervision over the administrative affairs of the municipality;
(2) To
appoint and remove at any time all department heads, officers, and employees of
the city or town, except members of the council, and subject to the provisions
of any applicable law, rule, or regulation relating to civil service:
PROVIDED, That the council may provide for the appointment by the mayor,
subject to confirmation by the council, of the city planning commission, and
other advisory citizens' committees, commissions and boards advisory to the
city council: PROVIDED FURTHER, That the city manager shall appoint the ((police))
municipal judge to a term of four years, subject to confirmation by the
council. The ((police)) municipal judge may be removed only on
conviction of malfeasance or misconduct in office, or because of physical or
mental disability rendering him incapable of performing the duties of his
office. The council may cause an audit to be made of any department or office
of the city or town government and may select the persons to make it, without
the advice or consent of the city manager;
(3) To attend all meetings of the council at which his attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he may deem necessary or expedient;
(6) To prepare and submit to the council such reports as may be required by that body or as he may deem it advisable to submit;
(7) To keep the council fully advised of the financial condition of the city or town and its future needs;
(8) To prepare and submit to the council a tentative budget for the fiscal year;
(9) To perform such other duties as the council may determine by ordinance or resolution.
Sec. 46. Section 35.23.020, chapter 7, Laws of 1965 and RCW 35.23.020 are each amended to read as follows:
The
elective officers of a city of the second class shall consist of a mayor,
twelve councilmen, a city clerk, and a city treasurer((, and a police
judge: PROVIDED, That in any such city operating under a commission form of
government the police judge shall be appointed by the mayor)).
Sec. 47. Section 35.23.040, chapter 7, Laws of 1965 as amended by section 21, chapter 126, Laws of 1979 ex. sess. and RCW 35.23.040 are each amended to read as follows:
A general municipal election shall be held biennially in second class cities not operating under the commission form of government in each odd-numbered year as provided in RCW 29.13.020.
The term of
office of mayor, city clerk, city treasurer and councilmen in such cities shall
be four years, and until their successors are elected and qualified and assume
office in accordance with RCW 29.04.170, but not more than six councilmen shall
be elected in any one year to fill a full term. ((The term of office of
police judge shall be two years and until his successor is elected and
qualified and assumes office in accordance with RCW 29.04.170.))
Sec. 48. Section 35.23.190, chapter 7, Laws of 1965 and RCW 35.23.190 are each amended to read as follows:
Before entering upon his duties and within ten days after receiving notice of his election or appointment every officer of the city shall qualify by taking the oath of office and by filing such bond duly approved as may be required of him. If no notice of election or appointment was received, the officer must qualify on or before the date fixed for the assumption by him of the duties of the office to which he was elected or appointed. The city council shall fix the amount of all official bonds and may designate what officers shall be required to give bonds in addition to those required to do so by statute.
The clerk,
treasurer, city attorney, chief of police, ((police judge)) and street
commissioner shall each execute an official bond in such penal sum as the city
council by ordinance may determine, conditioned for the faithful performance of
their duties, including in the same bond the duties of all offices of which he
is the ex officio incumbent.
All official bonds shall be approved by the city council and when so approved shall be filed with the city clerk except the city clerk's which shall be filed with the mayor. No city officer shall be eligible as a surety upon any bond running to the city as obligee.
The city council may require a new or additional bond of any officer whenever it deems it expedient.
Sec. 49. Section 35.24.020, chapter 7, Laws of 1965 as last amended by section 1, chapter 116, Laws of 1969 and RCW 35.24.020 are each amended to read as follows:
The
government of a third class city shall be vested in a mayor, a city council of
seven members, a city attorney, a clerk, a treasurer, all elective; and a chief
of police, ((police)) municipal judge, city engineer, street
superintendent, health officer and such other appointive officers as may be
provided for by statute or ordinance: PROVIDED, That the council may enact an
ordinance providing for the appointment of the city clerk, city attorney, and
treasurer by the mayor, which appointment shall be subject to confirmation by a
majority vote of the city council. Such ordinance shall be enacted and become
effective not later than thirty days prior to the first day allowed for filing
declarations of candidacy for such offices when such offices are subject to an
approaching city primary election. Elective incumbent city clerks, city attorneys,
and city treasurers shall serve for the remainder of their unexpired term
notwithstanding any appointment made pursuant to RCW 35.24.020 and 35.24.050.
If a free public library and reading room is established, five library trustees
shall be appointed. The city council by ordinance shall prescribe the duties
and fix the compensation of all officers: PROVIDED, That the provisions of any
such ordinance shall not be inconsistent with any statute: PROVIDED FURTHER,
That where the city council finds that the appointment of a full time city
engineer is unnecessary, it may in lieu of such appointment, by resolution
provide for the performance of necessary engineering services on either a part
time, temporary or periodic basis by a qualified engineering firm, pursuant to
any reasonable contract.
The mayor shall appoint and at his pleasure may remove all appointive officers except as otherwise provided herein: PROVIDED, That police judges shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering him incapable of performing the duties of his office. Every appointment or removal must be in writing signed by the mayor and filed with the city clerk.
Sec. 50. Section 35.24.080, chapter 7, Laws of 1965 and RCW 35.24.080 are each amended to read as follows:
In a city
of the third class, the treasurer, city attorney, clerk, ((police judge,))
chief of police, and such other officers as the council may require shall each,
before entering upon the duties of his office, take an oath of office and
execute and file with the clerk an official bond in such penal sum as the
council shall determine, conditioned for the faithful performance of his duties
and otherwise conditioned as may be provided by ordinance.
Sec. 51. Section 35.24.160, chapter 7, Laws of 1965 as amended by section 22, chapter 316, Laws of 1977 ex. sess. and RCW 35.24.160 are each amended to read as follows:
The
department of police in a city of the third class shall be under the direction
and control of the chief of police subject to the direction of the mayor. ((The
chief of police shall prosecute before the police justice all violations of
city ordinances which come to his knowledge.)) He may pursue and arrest violators
of city ordinances beyond the city limits.
His lawful orders shall be promptly executed by deputies, police officers and watchmen. Every citizen shall lend him aid, when required, for the arrest of offenders and maintenance of public order. With the concurrence of the mayor, he may appoint additional policemen to serve for one day only under his orders in the preservation of public order.
He shall have the same authority as that conferred upon sheriffs for the suppression of any riot, public tumult, disturbance of the peace, or resistance against the laws or the public authorities in the lawful exercise of their functions and shall be entitled to the same protection.
He shall perform such other services as may be required by statute or ordinances of the city.
He shall execute and return all process issued and directed to him by lawful authority and for his services shall receive the same fees as are paid to constables.
Sec. 52. Section 35.27.070, chapter 7, Laws of 1965 as amended by section 14, chapter 116, Laws of 1965 ex. sess. and RCW 35.27.070 are each amended to read as follows:
The
government of a town shall be vested in a mayor and a council consisting of
five members and a treasurer, all elective; the mayor shall appoint a clerk((,))
and a marshal((, and a police justice)); and may appoint a town
attorney, pound master, street superintendent, a civil engineer, and such
police and other subordinate officers as may be provided for by ordinance. All
appointive officers shall hold office at the pleasure of the mayor and shall
not be subject to confirmation by the town council((, except that a police
judge shall be removed only upon conviction of misconduct or malfeasance in
office, or because of physical or mental disability rendering him incapable of
performing the duties of his office)).
Sec. 53. Section 35.27.240, chapter 7, Laws of 1965 as last amended by section 24, chapter 316, Laws of 1977 ex. sess. and RCW 35.27.240 are each amended to read as follows:
The
department of police in a town shall be under the direction and control of the
marshal subject to the direction of the mayor. ((He shall prosecute before
the police justice all violations of town ordinances which come to his
knowledge.)) He may pursue and arrest violators of town ordinances beyond
the town limits.
His lawful orders shall be promptly executed by deputies, police officers and watchmen. Every citizen shall lend him aid, when required, for the arrest of offenders and maintenance of public order. He may appoint, subject to the approval of the mayor, one or more deputies, for whose acts he and his bondsmen shall be responsible, whose compensation shall be fixed by the council. With the concurrence of the mayor, he may appoint additional policemen for one day only when necessary for the preservation of public order.
He shall have the same authority as that conferred upon sheriffs for the suppression of any riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their functions and shall be entitled to the same protection.
He shall execute and return all process issued and directed to him by any legal authority and for his services shall receive the same fees as are paid to constables. He shall perform such other services as the council by ordinance may require.
Sec. 54. Section 35A.12.020, chapter 119, Laws of 1967 ex. sess. and RCW 35A.12.020 are each amended to read as follows:
The
appointive officers shall be those provided for by charter or ordinance and
shall include a city clerk and a chief law enforcement officer. The office of
city clerk may be merged with that of a city treasurer, if any, with an
appropriate title designated therefor. Provision shall be made for obtaining
legal counsel for the city, either by appointment of a city attorney on a
full-time or part-time basis, or by any reasonable contractual arrangement for
such professional services. The authority, duties and qualifications of all
appointive officers shall be prescribed by charter or ordinance, consistent
with the provisions of this title, and any amendments thereto, and the
compensation of appointive officers shall be prescribed by ordinance:
PROVIDED, That the compensation of an appointed ((police judge or))
municipal judge shall be within applicable statutory limits.
Sec. 55. Section 35A.12.090, chapter 119, Laws of 1967 ex. sess. and RCW 35A.12.090 are each amended to read as follows:
The mayor
shall have the power of appointment and removal of all appointive officers and
employees subject to any applicable law, rule, or regulation relating to civil
service ((except that a police judge or municipal judge who is appointed may
be removed only upon conviction of misconduct or malfeasance in office, or
because of physical or mental disability rendering him incapable of performing
the duties of his office)). The head of a department or office of the city
government may be authorized by the mayor to appoint and remove subordinates in
such department or office, subject to any applicable civil service provisions.
All appointments of city officers and employees shall be made on the basis of
ability and training or experience of the appointees in the duties they are to
perform, from among persons having such qualifications as may be prescribed by
ordinance or by charter, and in compliance with provisions of any merit system
applicable to such city. Confirmation by the city council of appointments of
officers and employees shall be required only when the city charter, or the
council by ordinance, provides for confirmation of such appointments.
Confirmation of mayoral appointments by the council may be required by the
council in any instance where qualifications for the office or position have
not been established by ordinance or charter provision. Appointive offices
shall be without definite term unless a term is established for such office by
law, charter or ordinance.
Sec. 56. Section 35A.13.010, chapter 119, Laws of 1967 ex. sess. as last amended by section 2, chapter 106, Laws of 1985 and RCW 35A.13.010 are each amended to read as follows:
The
councilmen shall be the only elective officers of a code city electing to adopt
the council-manager plan of government authorized by this chapter, except where
statutes provide for an elective ((police)) municipal judge. The
council shall appoint an officer whose title shall be "city manager"
who shall be the chief executive officer and head of the administrative branch
of the city government. The city manager shall be responsible to the council
for the proper administration of all affairs of the code city. The council of
a noncharter code city having less than twenty-five hundred inhabitants shall
consist of five members; when there are twenty-five hundred or more inhabitants
the council shall consist of seven members: PROVIDED, That if the population
of a city after having become a code city decreases from twenty-five hundred or
more to less than twenty-five hundred, it shall continue to have a seven member
council. If, after a city has become a council-manager code city its
population increases to twenty-five hundred or more inhabitants, the number of
councilmanic offices in such city may increase from five to seven members upon
the affirmative vote of a majority of the existing council to increase the
number of councilmanic offices in the city. When the population of a
council-manager code city having five councilmanic offices increases to five
thousand or more inhabitants, the number of councilmanic offices in the city
shall increase from five to seven members. In the event of an increase in the
number of councilmanic offices, the city council shall, by majority vote, pursuant
to RCW 35A.13.020, appoint two persons to serve in these offices until the next
municipal general election, at which election one person shall be elected for a
two-year term and one person shall be elected for a four-year term. The number
of inhabitants shall be determined by the most recent official state or federal
census or determination by the state office of financial management. A charter
adopted under the provisions of this title, incorporating the council-manager
plan of government set forth in this chapter may provide for an uneven number
of councilmen not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
Sec. 57. Section 35A.13.080, chapter 119, Laws of 1967 ex. sess. and RCW 35A.13.080 are each amended to read as follows:
The powers and duties of the city manager shall be:
(1) To have general supervision over the administrative affairs of the code city;
(2) To
appoint and remove at any time all department heads, officers, and employees of
the code city, except members of the council, and subject to the provisions of
any applicable law, rule, or regulation relating to civil service: PROVIDED,
That the council may provide for the appointment by the mayor, subject to
confirmation by the council, of a city planning commission, and other advisory
citizens' committees, commissions, and boards advisory to the city council:
PROVIDED FURTHER, That if the ((police judge or)) municipal judge of the
code city is appointed, such appointment shall be made by the city manager
subject to confirmation by the council, for a four year term. ((The police
judge or municipal judge may be removed only on conviction of malfeasance or
misconduct in office, or because of physical or mental disability rendering him
incapable of performing the duties of his office.)) The council may cause
an audit to be made of any department or office of the code city government and
may select the persons to make it, without the advice or consent of the city
manager;
(3) To attend all meetings of the council at which his attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he may deem necessary or expedient;
(6) To prepare and submit to the council such reports as may be required by that body or as he may deem it advisable to submit;
(7) To keep the council fully advised of the financial condition of the code city and its future needs;
(8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW, and to be responsible for its administration upon adoption;
(9) To perform such other duties as the council may determine by ordinance or resolution.
Sec. 58. Section 12, chapter 2, Laws of 1983 as amended by section 6, chapter 302, Laws of 1985 and RCW 46.52.100 are each amended to read as follows:
Every ((justice
of the peace, police judge,)) district and municipal court and clerk
of superior court shall keep or cause to be kept a record of every traffic
complaint, traffic citation, notice of infraction, or other legal form of
traffic charge deposited with or presented to ((said justice of the peace,
police judge, superior)) the court((,)) or a traffic
violations bureau, and shall keep a record of every official action by said
court or its traffic violations bureau in reference thereto, including but not
limited to a record of every conviction, forfeiture of bail, judgment of
acquittal, finding that a traffic infraction has been committed, dismissal of a
notice of infraction, and the amount of fine, forfeiture, or penalty resulting
from every said traffic complaint, citation, or notice of infraction deposited
with or presented to the ((justice of the peace, police judge,)) district,
municipal, or superior court, or traffic violations bureau.
The Monday following the conviction, forfeiture of bail, or finding that a traffic infraction was committed for violation of any provisions of this chapter or other law regulating the operating of vehicles on highways, every said magistrate of the court or clerk of the court of record in which such conviction was had, bail was forfeited, or the finding made shall prepare and immediately forward to the director of licensing at Olympia an abstract of the record of said court covering the case, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any finding involving the illegal parking or standing of a vehicle.
Said abstract must be made upon a form furnished by the director and shall include the name and address of the party charged, the number, if any, of his driver's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, whether bail forfeited, whether the determination that a traffic infraction was committed was contested, and the amount of the fine, forfeiture, or penalty as the case may be.
Every court of record shall also forward a like report to the director upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
The failure of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom.
The director shall keep all abstracts received hereunder at his office in Olympia and the same shall be open to public inspection during reasonable business hours.
Venue in all justice courts shall be before one of the two nearest justices of the peace in incorporated cities and towns nearest to the point the violation allegedly occurred: PROVIDED, That in counties of class A and of the first class such cases may be tried in the county seat at the request of the defendant.
It shall be the duty of the officer, prosecuting attorney, or city attorney signing the charge or information in any case involving a charge of driving under the influence of intoxicating liquor or any drug immediately to make request to the director for an abstract of convictions and forfeitures which the director shall furnish.
Sec. 59. Section 2, page 121, Laws of 1890 and RCW 78.12.020 are each amended to read as follows:
Three
persons being residents of the county, and knowing or having reason to believe
that the provisions of RCW 78.12.010 are being or have been violated within such
county, may file a notice with any ((justice of the peace or police judge))
district or municipal court therein, which notice shall be in writing,
and shall state‑-First, the location, as near as may be, of the hole,
excavation or shaft. Second, that the same is dangerous to persons or animals,
and has been left or is being worked contrary to the provisions of this
chapter. Third, the name of the person or persons, company or corporation who
is or are the owners of the same, if known, or if unknown, the persons who were
known to be employed therein. Fourth, if abandoned and no claimant; and Fifth,
the estimated cost of fencing or otherwise securing the same against any
avoidable accidents.
Sec. 60. Section 6, page 122, Laws of 1890 and RCW 78.12.060 are each amended to read as follows:
If the
notice filed with the ((justice of the peace, or police judge)) district
or municipal court, as aforesaid, shall state that the excavation, shaft or
hole has been abandoned, and no person claims the ownership thereof, ((said
justice of the peace, or judge,)) the court shall notify the ((board
of county commissioners of the county, or either of them,)) county
legislative authority of the location of the same, and they shall, as soon
as possible thereafter, cause the same to be so fenced, or otherwise guarded,
as to prevent accidents to persons or animals; and all expenses thus incurred
shall be paid as other county expenses: PROVIDED, That nothing herein
contained shall be so construed as to compel the county commissioners to fill
up, fence or otherwise guard any shaft, excavation or hole, unless in their
discretion, the same may be considered dangerous to persons or animals.
PART III
!af98,300
Sec. 61. Section 3, chapter 124, Laws of 1909 as amended by section 10, chapter 81, Laws of 1971 and RCW 2.24.050 are each amended to read as follows:
All of the
acts and proceedings of court commissioners hereunder shall be subject to
revision by the superior court. Any party in interest may have such revision
upon demand made by written motion, filed with the clerk of the superior court,
within ten days after the entry of any order or judgment of the court
commissioner. Such revision shall be upon the records of the case, and the
findings of fact and conclusions of law entered by the court commissioner, and
unless a demand for revision is made within ten days from the entry of the
order or judgment of the court commissioner, ((his)) the orders
and judgments shall be and become the orders and judgments of the superior
court, and ((from same an appeal may be taken to the supreme court or the
court of appeals in all cases where an appeal will lie from)) appellate
review thereof may be sought in the same fashion as review of like orders
and judgments entered by the judge.
Sec. 62. Section 24, chapter 127, Laws of 1893 and RCW 4.32.250 are each amended to read as follows:
A notice or
other paper is valid and effectual though the title of the action in which it
is made is omitted, or it is defective either in respect to the court or
parties, if it intelligently refers to such action or proceedings; and in
furtherance of justice upon proper terms, any other defect or error in any
notice or other paper or proceeding may be amended by the court, and any
mischance, omission or defect relieved within one year thereafter; and the
court may enlarge or extend the time, for good cause shown, within which by
statute any act is to be done, proceeding had or taken, notice or paper filed
or served, or may, on such terms as are just, permit the same to be done or
supplied after the time therefor has expired((, except that the time for
bringing a writ of error or appeal shall in no case be enlarged, or a party
permitted to bring such writ of error or appeal after the time therefor has
expired)).
Sec. 63. Section 3, chapter 95, Laws of 1895 as amended by section 24, chapter 81, Laws of 1971 and RCW 4.92.030 are each amended to read as follows:
The
attorney general or his assistant shall appear and act as counsel for the
state. The action shall proceed in all respects as other actions. ((Appeals
may be taken to the supreme court or court of appeals of the state)) Appellate
review may be sought as in other actions or proceedings, but in case ((an
appeal shall be taken on behalf of)) review is sought by the state,
no bond shall be required of the appellant.
Sec. 64. Section 35, chapter 65, Laws of 1895 as amended by section 30, chapter 81, Laws of 1971 and RCW 7.16.350 are each amended to read as follows:
From a
final judgment in the superior court, in any such proceeding, ((an appeal shall
lie to)) appellate review by the supreme court or the court of
appeals may be sought as in other actions.
Sec. 65. Section 680, page 171, Laws of 1869 as last amended by section 70, chapter 258, Laws of 1984 and RCW 7.20.140 are each amended to read as follows:
Either
party to a judgment in a proceeding for a contempt, may ((appeal therefrom))
seek appellate review of the judgment in like manner and with like
effect as from judgment in an action, but such ((appeal)) review
shall not have the effect to stay the proceedings in any other action, suit or
proceeding, or upon any judgment, decree or order therein, concerning which, or
wherein such contempt was committed.
Sec. 66. Section 2, chapter 213, Laws of 1955 as amended by section 33, chapter 81, Laws of 1971 and RCW 8.04.070 are each amended to read as follows:
At the time
and place appointed for hearing the petition, or to which the hearing may have
been adjourned, if the court has satisfactory proof that all parties interested
in the lands, real estate, premises or other property described in the petition
have been duly served with the notice, and is further satisfied by competent
proof that the contemplated use for which the lands, real estate, premises, or
other property are sought to be appropriated is really necessary for the public
use of the state, it shall make and enter an order, to be recorded in the
minutes of the court, and which order shall be final unless appellate
review thereof ((to the supreme court or the court of appeals of the state))
is ((taken)) sought within five days after entry thereof,
adjudicating that the contemplated use for which the lands, real estate,
premises or other property are sought to be appropriated is really a public use
of the state.
Sec. 67. Section 7, chapter 74, Laws of 1891 as last amended by section 35, chapter 81, Laws of 1971 and RCW 8.04.130 are each amended to read as follows:
Upon the entry of judgment upon the verdict of the jury or the decision of the court awarding damages, the state may make payment of the damages and the costs of the proceedings by depositing them with the clerk of the court, to be paid out under the direction of the court or judge thereof; and upon making such payment into court of the damages assessed and allowed for any land, real estate, premises, or other property mentioned in the petition, and of the costs, the state shall be released and discharged from any and all further liability therefor, unless upon appeal the owner or party interested recovers a greater amount of damages; and in that case the state shall be liable only for the amount in excess of the sum paid into court and the costs of appeal.
In the
event ((of an appeal to the supreme court or the court of appeals of the
state)) appellate review is sought by any party to the proceedings,
the moneys paid into the superior court by the state pursuant to this section
shall remain in the custody of the court until the final determination of the
proceedings by the supreme court or the court of appeals.
Sec. 68. Section 9, chapter 74, Laws of 1891 as amended by section 36, chapter 81, Laws of 1971 and RCW 8.04.150 are each amended to read as follows:
Either
party may ((appeal from)) seek appellate review of the judgment
for damages entered in the superior court((, to the supreme court or the
court of appeals of the state,)) within thirty days after the entry of
judgment as aforesaid, and such ((appeal)) review shall bring
before the supreme court or the court of appeals the propriety and justness of
the amount of damages in respect to the parties to the ((appeal)) review:
PROVIDED HOWEVER, That upon such ((appeal)) review no bond shall
be required: AND PROVIDED FURTHER, That if the owner of land, the real estate
or premises accepts the sum awarded by the jury, the court or the judge
thereof, he shall be deemed thereby to have waived conclusively ((an appeal
to the supreme court or the court of appeals)) appellate review, and
final judgment by default may be rendered in the superior court as in other
cases: PROVIDED FURTHER, That no ((appeal)) review shall operate
so as to prevent the said state of Washington from taking possession of such
property pending ((such appeal)) review after the amount of said
award shall have been paid into court.
Sec. 69. Section 8, chapter 79, Laws of 1949 as amended by section 38, chapter 81, Laws of 1971 and RCW 8.08.080 are each amended to read as follows:
Either
party may ((appeal from)) seek appellate review of the judgment
for compensation of the damages awarded in the superior court ((to the
supreme court or the court of appeals)) within thirty days after the entry
of judgment as aforesaid, and such ((appeal)) review shall bring
before the supreme court or the court of appeals the propriety and justice of
the amount of damage in respect to the parties to the ((appeal)) review:
PROVIDED, That upon such ((appeal)) review no bonds shall be
required: AND PROVIDED FURTHER, That if the owner of land, real estate, or
premises accepts the sum awarded by the jury or the court, he shall be deemed
thereby to have waived conclusively ((an appeal to the supreme court or the
court of appeals)) appellate review, and final judgment by default
may be rendered in the superior court as in other cases.
Sec. 70. Section 16, chapter 84, Laws of 1893 as last amended by section 39, chapter 81, Laws of 1971 and RCW 8.12.200 are each amended to read as follows:
Any final
judgment or judgments rendered by said court upon any finding or findings of
any jury or juries, or upon any finding or findings of the court in case a jury
be waived, shall be lawful and sufficient condemnation of the land or property
to be taken, or of the right to damage the same in the manner proposed, upon
the payment of the amount of such findings and all costs which shall be taxed
as in other civil cases, provided that in case any defendant recovers no
damages, no costs shall be taxed. Such judgment or judgments shall be final
and conclusive as to the damages caused by such improvement unless ((appealed
from)) appellate review is sought, and ((no appeal from)) review
of the same shall delay proceedings under said ordinance, if such city
shall pay into court for the owners and parties interested, as directed by the
court, the amount of the judgment and costs, and such city, after making such
payment into court, shall be liable to such owner or owners or parties
interested for the payment of any further compensation which may at any time be
finally awarded to such parties ((so appealing in)) seeking review of
said proceeding, and his or her costs, and shall pay the same on the rendition
of judgment therefor, and abide any rule or order of the court in relation to
the matter in controversy. In case of ((an appeal to)) review by
the supreme court or the court of appeals of the state by any party to the
proceedings the money so paid into the superior court by such city, as
aforesaid, shall remain in the custody of said superior court until the final
determination of the proceedings. If the owner of the land, real estate,
premises, or other property accepts the sum awarded by the jury or the court,
he shall be deemed thereby to have waived conclusively ((an appeal to the
supreme court or the court of appeals)) appellate review and final
judgment may be rendered in the superior court as in other cases.
Sec. 71. Section 49, chapter 153, Laws of 1907 as last amended by section 40, chapter 81, Laws of 1971 and RCW 8.12.530 are each amended to read as follows:
At any time
within six months from the date of rendition of the last judgment awarding
compensation for any such improvement in the superior court, or if ((any
appeal be taken)) appellate review is sought, then within two months
after the final determination of the ((appeal)) proceeding in the
supreme court or the court of appeals, any such city may discontinue the
proceedings by ordinance passed for that purpose before making payment or
proceeding with the improvement by paying or depositing in court all taxable
costs incurred by any parties to the proceedings up to the time of such
discontinuance. If any such improvement be discontinued, no new proceedings
shall be undertaken therefor until the expiration of one year from the date of
such discontinuance.
Sec. 72. Section 13, page 375, Laws of 1909 as amended by section 41, chapter 81, Laws of 1971 and RCW 8.16.130 are each amended to read as follows:
Either
party may ((appeal from)) seek appellate review of the judgment
for compensation awarded for the property taken, entered in the superior court,
to the supreme court or the court of appeals of the state within sixty days
after the entry of the judgment, and such ((appeal)) review shall
bring before the supreme court or the court of appeals the justness of the
compensation awarded for the property taken, and any error occurring on the
hearing of such matter, prejudicial to the party appealing: PROVIDED, HOWEVER,
That if the owner or owners of the land taken accepts the sum awarded by the
jury or court, he or they shall be deemed thereby to have waived ((their
right of appeal to the supreme court or the court of appeals)) appellate
review.
Sec. 73. Section 7, page 299, Laws of 1890 as amended by section 42, chapter 81, Laws of 1971 and RCW 8.20.100 are each amended to read as follows:
Upon the
entry of judgment upon the verdict of the jury or the decision of the court or
judge thereof, awarding damages as hereinbefore prescribed, the petitioner, or
any officer of, or other person duly appointed by said corporation, may make
payment of the damages assessed to the parties entitled to the same, and of the
costs of the proceedings, by depositing the same with the clerk of said superior
court, to be paid out under the direction of the court or judge thereof; and
upon making such payment into the court of the damages assessed and allowed,
and of the costs, to any land, real estate, premises or other property
mentioned in said petition, such corporation shall be released and discharged
from any and all further liability therefor, unless upon ((appeal)) appellate
review the owner or other person or party interested shall recover a
greater amount of damages; and in that case only for the amount in excess of
the sum paid into said court, and the costs of ((appeal)) appellate
review: PROVIDED, That in case of ((an appeal to)) review by
the supreme court or the court of appeals of the state by any party to the
proceedings, the money so paid into the superior court by such corporation as
aforesaid, shall remain in the custody of said court until the final
determination of the proceedings by the said supreme court or the court of
appeals.
Sec. 74. Section 9, page 300, Laws of 1890 as amended by section 43, chapter 81, Laws of 1971 and RCW 8.20.120 are each amended to read as follows:
Either
party may ((appeal from)) seek appellate review of the judgment
for damages entered in the superior court((, to the supreme court or the
court of appeals of the state,)) within thirty days after the entry of
judgment as aforesaid and such ((appeal)) review shall bring
before the supreme court or the court of appeals the propriety and justness of
the amount of damages in respect to the parties to the ((appeal)) review:
PROVIDED, HOWEVER, That no bond shall be required of any person interested in
the property sought to be appropriated by such corporation, but in case the
corporation appropriating such land, real estate, premises or other property is
appellant, it shall give a bond like that prescribed in RCW 8.20.130, to be
executed, filed and approved in the same manner: AND PROVIDED FURTHER, That if
the owner of the land, real estate, premises or other property accepts the sum
awarded by the jury, the court or the judge thereof, he shall be deemed thereby
to have waived conclusively ((an appeal to the supreme court or the court of
appeals)) appellate review, and final judgment by default may be
rendered in the superior court as in other cases.
Sec. 75. Section 7, chapter 133, Laws of 1955 as last amended by section 36, chapter 136, Laws of 1981 and RCW 9.95.060 are each amended to read as follows:
When a
convicted person ((appeals from)) seeks appellate review of his or
her conviction and is at liberty on bond pending the determination of the
((appeal)) proceeding by the supreme court or the court of
appeals, credit on his or her sentence will begin from the date such
convicted person is returned to custody. The date of return to custody shall
be certified to the department of corrections, the Washington state board of
prison terms and paroles, and the prosecuting attorney of the county in which
such convicted person was convicted and sentenced, by the sheriff of such
county. If such convicted person does not ((appeal from his)) seek
review of the conviction, but is at liberty for a period of time subsequent
to the signing of the judgment and sentence, or becomes a fugitive, credit on
his sentence will begin from the date such convicted person is returned to
custody. The date of return to custody shall be certified as provided in this
section. In all other cases, credit on a sentence will begin from the date the
judgment and sentence is signed by the court.
Sec. 76. Section 23, chapter 117, Laws of 1973 1st ex. sess. as amended by section 18, chapter 198, Laws of 1974 ex. sess. and RCW 10.77.230 are each amended to read as follows:
Either
party may ((appeal to the court of appeals)) seek appellate review of
the judgment of any hearing held pursuant to the provisions of this chapter.
Sec. 77. Section 15, chapter 138, Laws of 1981 and RCW 10.95.150 are each amended to read as follows:
In all
cases in which a sentence of death has been imposed, the ((appeal)) appellate
review, if any, and sentence review to or by the supreme court of
Washington shall be decided and an opinion on the merits shall be filed within
one year of receipt by the clerk of the supreme court of Washington of the
verbatim report of proceedings and clerk's papers filed under RCW 10.95.110.
If this time requirement is not met, the chief justice of the supreme court of
Washington shall state on the record the extraordinary and compelling
circumstances causing the delay and the facts supporting such circumstances. A
failure to comply with the time requirements of this subsection shall in no way
preclude the ultimate execution of a sentence of death.
Sec. 78. Section 11.52.016, chapter 145, Laws of 1965 as amended by section 1, chapter 80, Laws of 1972 ex. sess. and RCW 11.52.016 are each amended to read as follows:
The order
of judgment of the court making the award or awards provided for in RCW
11.52.010 through 11.52.024 shall be conclusive and final, except on ((appeal))
appellate review and except for fraud. The awards in RCW 11.52.010
through 11.52.024 provided shall be in lieu of all homestead provisions of the
law and of exemptions. The said property, when set aside as herein provided,
shall be exempt from all claims for the payment of any debt of the deceased or
of the surviving spouse existing at the time of death, whether such debt be
individual or community. Under RCW 11.52.010 through 11.52.024, the court
shall not award more property than could be awarded under the law in effect at
the time of the granting of the award.
Sec. 79. Section 17, chapter 31, Laws of 1985 and RCW 11.96.160 are each amended to read as follows:
Any
interested party may ((appeal to the supreme court or the court of appeals
from)) seek appellate review of any final order, judgment, or
decree of the court, and such ((appeals)) review shall be in the
manner and way provided by law for appeals in civil actions.
Sec. 80. Section 124, chapter 30, Laws of 1985 and RCW 11.110.110 are each amended to read as follows:
When the
attorney general requires the attendance of any person, as provided in RCW
11.110.100, he shall issue an order setting forth the time when and the place
where attendance is required and shall cause the same to be delivered to or
sent by registered mail to the person at least fourteen days before the date
fixed for attendance. Such order shall have the same force and effect as a
subpoena, and, upon application of the attorney general, obedience to the order
may be enforced by any superior court judge in the county where the person
receiving it resides or is found, in the same manner as though the notice were
a subpoena. The court, after hearing, for good cause, and upon application of
any person aggrieved by the order, shall have the right to alter, amend,
revise, suspend, or postpone all or any part of its provisions. In any case
where the order is not enforced by the court according to its terms, the
reasons for the court's actions shall be clearly stated in the record, and
shall be subject to review by the supreme court or the court of appeals ((by
certiorari or other appropriate proceeding)).
Sec. 81. Section 14, chapter 125, Laws of 1929 as amended by section 56, chapter 81, Laws of 1971 and RCW 17.04.230 are each amended to read as follows:
Any
interested party may appeal from the decision and order of the board of
directors of such district to the superior court of the county in which such
district is located, by serving written notice of appeal on the chairman of the
board of directors and by filing in the office of the clerk of the superior
court a copy of said notice of appeal with proof of service attached, together
with a good and sufficient cost bond in the sum of two hundred dollars, said
cost bond to run to such district and in all respects to comply with the laws
relating to cost bonds required of nonresident plaintiffs in the superior
court. Said notice must be served and filed within ten days from the date of
the decision and order of such board of directors, and said bond must be filed
within five days after the filing of such notice of appeal. Whenever notice of
appeal and the cost bond as herein provided shall have been filed with the
clerk of the superior court, the clerk shall notify the board of directors of
such district thereof, and such board shall forthwith certify to said court all
notices and records in said matters, together with proof of service, and a true
copy of the order and decision pertaining thereto made by such board. If no
appeal be perfected within ten days from the decision and order of such board,
the same shall be deemed confirmed and the board shall certify the amount of
such charges to the county treasurer who shall enter the same on the tax rolls
against the land. When an appeal is perfected the matter shall be heard in the
superior court de novo and the court's decision shall be conclusive on all
persons served under this chapter: PROVIDED, That ((an appeal may be taken
to the supreme court or the court of appeals from)) appellate review of
the order or decision of the superior court in the manner provided by existing
laws, and upon the conclusion of such ((appeal)) review, the
amount of charges and costs adjudged to be paid shall be certified by the clerk
of the superior court to the county treasurer and said treasurer shall proceed
to enter the same on his rolls against the lands affected.
Sec. 82. Section 12, chapter 140, Laws of 1921 as amended by section 57, chapter 81, Laws of 1971 and RCW 17.16.110 are each amended to read as follows:
Any person
feeling himself aggrieved at the decision and order of the board of county
commissioners approving the amount of such expenses and establishing the same
as a tax against the land involved may appeal therefrom to the superior court
of the county, by serving a written notice of appeal on the board and by filing
a copy of same with proof of service attached, together with a good and
sufficient cost bond to be approved by the county clerk in the sum of two
hundred dollars, said cost bond to run to the county and in all other respects
to comply with the laws relating to cost bonds required of nonresident
plaintiffs in the superior court. Said notice of appeal must be served and
filed within ten days from the date of the decision and order of the board
approving the amount of said expense and establishing the same as a tax against
the land involved, and said appeal must be brought on for hearing upon a
certified copy of the records in the matter without further pleadings, at the
next term of court thereafter. ((An appeal from)) Appellate review
of the judgment of the superior court in the matter may be ((taken to
the supreme court or the court of appeals of the state)) sought as
in other cases ((on appeal)). Upon the final conclusion of any ((appeal))
review so taken, the county clerk shall certify to the county treasurer
the result of such ((appeal)) review.
Sec. 83. Section 26, chapter 5, Laws of 1977 ex. sess. and RCW 18.32.760 are each amended to read as follows:
The
procedure governing appeals to the superior court by those provisions of
chapter 34.04 RCW relating to contested cases, shall govern in matters of
appeal from a decision of the board, insofar as applicable and to the extent
such procedure is not inconsistent with the type of appeal provided in RCW
18.32.530 through 18.32.780. The accused may ((secure a)) seek
review of any final judgment of the superior court ((by appeal to the court
of appeals or the supreme court)) as provided in other civil cases.
Sec. 84. Section 15, chapter 71, Laws of 1941 as amended by section 63, chapter 81, Laws of 1971 and RCW 18.92.210 are each amended to read as follows:
Any person
feeling himself aggrieved by an order of the director shall have the right to
appeal from such order within fifteen days after a copy of such order is served
upon him, to the superior court of any county, which court shall hear such
matter de novo. ((An appeal shall lie to the supreme court or the court of
appeals of the state from)) Appellate review of the judgment of said
superior court may be sought in the same manner as provided by law in
other civil cases.
Sec. 85. Section 10, chapter 211, Laws of 1955 as last amended by section 185, chapter 35, Laws of 1982 and RCW 19.77.100 are each amended to read as follows:
Any person who believes he will be damaged by a registration of a trademark by the secretary of state may request cancellation of such registration by filing with the secretary of state in duplicate a verified petition setting forth the facts in support of such request, accompanied by a fee of fifty dollars payable to the revolving fund of the secretary of state. To each copy of said petition for cancellation there shall be attached a copy of each of the trademarks or trade names, or the personal name, portrait, or signature, of the petitioner, or other exhibits of like character relied on in the petition. Thereafter the secretary of state shall mail to the registrant or his agent for service of record with the secretary of state a copy of said petition, addressed to the last known address of the registrant or such agent according to the files of the secretary of state, accompanied by a notice that said registrant may, within twenty days if the registrant is a resident of the state of Washington, or within sixty days if the registrant is a nonresident of the state of Washington, file in duplicate a verified answer to said petition. Thereafter the secretary of state shall forward a copy of said answer to said petitioner, accompanied by a notice that said petitioner may, within a specified time, not less than twenty days, file in duplicate a verified statement as to any further facts which are pertinent to issues raised by said answer, and the secretary of state shall in like manner forward a copy thereof to said registrant or such agent. The secretary of state shall then fix a hearing date not less than thirty days from the last day that the petitioner may file a statement of further facts. Written notice of such hearing shall be served on the parties by the secretary of state not less than fifteen days before the hearing in the same manner as the petition and answer were forwarded. Additional relevant testimony or other evidence may be introduced by the parties, and the secretary of state may subpoena such witnesses as he deems necessary. The parties shall have the right to be represented by counsel. On conclusion of the hearing the secretary of state shall grant or deny the petitioner's request for cancellation of the registration as the facts shall warrant and shall send a copy of his decision to the petitioner and to the registrant or such agent. If the secretary of state finds that the trademark should not have been registered, or is in violation of the common law rights of the petitioner, or if the secretary of state receives no answer from the registrant within the time limits specified hereinabove, he shall cancel said registration from the register, unless a petition for review of such decision is filed as provided hereinafter.
Either the
petitioner or the registrant may, within sixty days after mailing of the copy
of the decision by the secretary of state, file in the superior court of the
state of Washington for Thurston county, and mail to the secretary of state and
the other party or such agent at his last known address according to the files
of the secretary of state, a petition for review of the decision of the
secretary of state. The court shall review such decision on the basis of the
record before the secretary of state for the purpose of determining the
reasonableness and lawfulness of such decision and, subject to ((the right
of appeal to)) appellate review by the supreme court or the court of
appeals of the state, the decree of the superior court shall be binding upon
the secretary of state with respect to the granting or denial of the
petitioner's request for cancellation. In any such petition for review the
secretary of state shall be a necessary party, and the petitioner for
cancellation and the registrant shall be proper parties.
Sec. 86. Section 20, chapter 139, Laws of 1959 as amended by section 66, chapter 81, Laws of 1971 and RCW 20.01.200 are each amended to read as follows:
((An
appeal shall lie to the supreme court or the court of appeals from)) Appellate
review of the judgment of the superior court may be sought as
provided in other civil cases.
Sec. 87. Section 28, chapter 115, Laws of 1921 as amended by section 68, chapter 81, Laws of 1971 and RCW 24.32.360 are each amended to read as follows:
Every
order, decision or other official act of the director of agriculture shall be
subject to review, and any party aggrieved by such order, decision or act of
the director of agriculture may appeal therefrom to the superior court of the
county of Thurston by serving upon the director of agriculture a notice of such
appeal, specifying the order, decision of act appealed from, and filing the
same with the clerk of the superior court of the county of Thurston within
sixty days after the date of such order, decision or official act. Whereupon
the director of agriculture shall, within ten days after filing of such notice
of appeal, make and certify a transcript of all the records and papers on file
in his office affecting or relating to the order, decision or act appealed
from, and upon the payment of the fee therefor by the appellant, the director
of agriculture shall file the same in the office of the clerk of said superior
court. Upon the hearing of such appeal the burden of proof shall be upon the
appellant, and the court shall receive and consider any pertinent evidence,
whether oral or documentary, concerning the action of the director of
agriculture from which appeal is taken. Any party ((to such appeal to the
superior court who is)) aggrieved by the judgment of ((said court
rendered upon such appeal may prosecute an appeal to the supreme court or the
court of appeals of the state of Washington. The general laws relating to
bills of exception, statements of fact and appeals to the supreme court or the
court of appeals, shall apply to all appeals taken to the supreme court or the
court of appeals under this chapter)) the superior court may seek
appellate review of the judgment as in other civil cases: PROVIDED, That
no supersedeas of the judgment of the superior court shall be allowed, except
at the discretion of said superior court. If supersedeas is allowed, it shall
be upon such bond and with such conditions as the superior court may require by
its order.
Sec. 88. Section 28A.58.500, chapter 223, Laws of 1969 ex. sess. as amended by section 71, chapter 81, Laws of 1971 and RCW 28A.58.500 are each amended to read as follows:
Either
party to the proceedings in the superior court may ((appeal)) seek
appellate review of the decision ((to the supreme court or the court of
appeals of this state)) as any other civil action ((is appealed)).
Sec. 89. Section 16, chapter 36, Laws of 1969 ex. sess. as amended by section 72, chapter 81, Laws of 1971 and RCW 28B.16.160 are each amended to read as follows:
(1) The court shall review the hearing without a jury on the basis of the transcript and exhibits, except that in case of alleged irregularities in procedure before the board not shown by the transcript the court may order testimony to be given thereon. The court shall upon request by either party hear oral argument and receive written briefs.
(2) The
court may affirm the order of the board, remand the matter for further
proceedings before the board, or reverse or modify the order if it finds that
the objection thereto is well taken on any of the grounds stated. ((Appeal
shall be available to the supreme court or the court of appeals from)) Appellate
review of the order of the superior court may be sought as in other
civil cases.
Sec. 90. Section 29.79.170, chapter 9, Laws of 1965 and RCW 29.79.170 are each amended to read as follows:
The
decision of the superior court refusing to grant a writ of mandate, may be reviewed
by the supreme court ((on a writ of certiorari sued out)) within five
days after the decision of the superior court. The review shall be considered
an emergency matter of public concern, and shall be heard and determined with
all convenient speed, and if the supreme court decides that the petitions are
legal in form and apparently contain the requisite number of signatures of
legal voters, and were filed within the time prescribed in the Constitution, it
shall issue its mandate directing the secretary of state to file the petition
in his office as of the date of submission.
Sec. 91. Section 29.79.210, chapter 9, Laws of 1965 and RCW 29.79.210 are each amended to read as follows:
Any citizen dissatisfied with the determination of the secretary of state that an initiative or referendum petition contains or does not contain the requisite number of signatures of legal voters may, within five days after such determination, apply to the superior court of Thurston county for a citation requiring the secretary of state to submit the petition to said court for examination, and for a writ of mandate compelling the certification of the measure and petition, or for an injunction to prevent the certification thereof to the legislature, as the case may be. Such application and all proceedings had thereunder shall take precedence over other cases and shall be speedily heard and determined.
The
decision of the superior court granting or refusing to grant the writ of
mandate or injunction may be reviewed by the supreme court ((on a writ of
certiorari sued out)) within five days after the decision of the superior
court, and if the supreme court decides that a writ of mandate or injunction,
as the case may be, should issue, it shall issue the writ directed to the
secretary of state; otherwise, it shall dismiss the proceedings. The clerk of
the supreme court shall forthwith notify the secretary of state of the decision
of the supreme court.
Sec. 92. Section 29.82.160, chapter 9, Laws of 1965 as amended by section 10, chapter 170, Laws of 1984 and RCW 29.82.160 are each amended to read as follows:
The superior court of the county in which the officer subject to recall resides has original jurisdiction to compel the performance of any act required of any public officer or to prevent the performance by any such officer of any act in relation to the recall not in compliance with law.
The supreme
court has like original jurisdiction in relation to state officers and revisory
jurisdiction over the decisions of the superior courts. Any proceeding to
compel or prevent the performance of any such act shall be begun within ten
days from the time the cause of complaint arises, and shall be considered an
emergency matter of public concern and take precedence over other cases, and be
speedily heard and determined. ((Any proceeding to)) Appellate
review of a decision of any superior court shall be begun and perfected
within fifteen days after its decision in a recall election case and shall be
considered an emergency matter of public concern by the supreme court, and
heard and determined within thirty days after the decision of the superior
court.
Sec. 93. Section 30.04.040, chapter 33, Laws of 1955 as amended by section 79, chapter 81, Laws of 1971 and RCW 30.04.040 are each amended to read as follows:
Any bank or
trust company may, within thirty days after a rule or regulation has been
served upon it, apply to the superior court of Thurston county for a writ of
review to test its reasonableness or lawfulness. In every such hearing the
burden shall be upon the corporation to establish the rule or regulation to be
unreasonable or unlawful. ((Appeal may be taken to the supreme court or the
court of appeals)) Appellate review of the decision of the superior
court may be sought as in other actions.
Pendency of the writ of review shall not stay the operation of the rule or regulation but the court may restrain or suspend it in whole or in part.
Sec. 94. Section 23, chapter 208, Laws of 1941 as amended by section 81, chapter 81, Laws of 1971 and RCW 31.08.260 are each amended to read as follows:
Whenever
the supervisor shall deny an application for a license or shall revoke or
suspend a license issued pursuant to this chapter, or shall issue any specific
order or demand, then such applicant or licensee thereby affected may, within
thirty days from the date of service of notice as provided for in this chapter,
appeal to the superior court of the state of Washington for Thurston county.
The appeal shall be perfected by serving a copy of the notice of appeal upon
the supervisor and by filing it, together with proof of service, with the clerk
of the superior court of Thurston county. Whereupon the supervisor shall,
within fifteen days after filing of such notice of appeal, make and certify a
transcript of the evidence and of all the records and papers on file in his
office relating to the order appealed from, and the supervisor shall forthwith
file the same in the office of the clerk of said superior court. The
reasonable costs of preparing such transcript shall be assessed by the court as
part of the costs. A trial shall be had in said superior court de novo. The
applicant or licensee, as the case may be, shall be deemed the plaintiff and
the state of Washington the defendant. Each party shall be entitled to
subpoena witnesses and produce evidence to sustain or reverse the findings and
order or demand of the supervisor. During the pendency of any appeal from the
order of revocation or suspension of a license, the order of revocation
theretofore entered by the supervisor shall be stayed and any other order or
demand appealed from may be stayed in the discretion of the court. Either
party may ((appeal from)) seek appellate review of the judgment
of said superior court ((to the supreme court or the court of appeals of the
state of Washington)) as in other civil actions.
Sec. 95. Section 115, chapter 235, Laws of 1945 as amended by section 84, chapter 81, Laws of 1971 and RCW 33.04.060 are each amended to read as follows:
An association may petition the superior court of the state of Washington for Thurston county for the review of any decision, ruling, requirement or other action or determination of the supervisor, by filing its complaint, duly verified, with the clerk of the court and serving a copy thereof upon the supervisor. Upon the filing of the complaint, the clerk of the court shall docket the same as a cause pending therein.
The
supervisor may answer the complaint and the petitioner reply thereto, and the
cause shall be heard before the court as in other civil actions. Both the
petitioner and the supervisor may ((appeal from)) seek appellate
review of the decision of the court to the supreme court or the court of
appeals of the state of Washington.
Sec. 96. Section 8, chapter 235, Laws of 1945 as last amended by section 85, chapter 81, Laws of 1971 and RCW 33.08.070 are each amended to read as follows:
The
supervisor, not later than six months after receipt of the proposed articles
and bylaws shall endorse upon each copy thereof the word "approved"
or "refused" and the date thereof. In case of refusal, he shall
forthwith return one copy of the articles and bylaws to the incorporators, and
the refusal shall be final unless the incorporators, or a majority of them,
within thirty days after the refusal, appeal to the superior court of Thurston
county. The appeal may be accomplished by the incorporators preparing a notice
of appeal, serving a copy of it upon the supervisor, and filing the notice with
the clerk of the court, whereupon the clerk, under the direction of the judge,
shall give notice to the appellants and to the supervisor of a date for the
hearing of the appeal. The appeal shall be tried de novo by the court. At the
hearing a record shall be kept of the evidence adduced, and the decision of the
court shall be final unless ((an appeal therefrom is taken to the supreme
court or the court of appeals)) appellate review is sought as in
other cases.
Sec. 97. Section 113, chapter 235, Laws of 1945 as last amended by section 72, chapter 3, Laws of 1982 and RCW 33.40.120 are each amended to read as follows:
The court,
upon notice and hearing, may remove the liquidator for cause. ((From such))
Appellate review of the order of removal ((the liquidator may appeal
to the supreme court or the court of appeals by giving notice of appeal and
posting bond for costs as in other appeals)) may be sought as in other
civil cases.
During the pendency of any appeal, the director of general administration shall act as liquidator of the association, without giving any additional bond for the performance of the duties as such liquidator.
If such order of removal shall be affirmed, the director of general administration shall name another liquidator for the association, which nominee, upon qualifying as required for receivers generally, shall succeed to the position of liquidator of the association.
Sec. 98. Section 14, chapter 234, Laws of 1959 as amended by section 87, chapter 81, Laws of 1971 and RCW 34.04.140 are each amended to read as follows:
An
aggrieved party may secure ((a)) appellate review of any final
judgment of the superior court under this chapter by ((appeal to)) the
supreme court or the court of appeals. Such ((appeal)) review
shall be ((taken)) secured in the manner provided by law for ((appeals
from the)) review of superior court decisions in other civil
cases.
Sec. 99. Section 35.44.260, chapter 7, Laws of 1965 as amended by section 91, chapter 81, Laws of 1971 and RCW 35.44.260 are each amended to read as follows:
((An
appeal shall lie to the supreme court or the court of appeals from)) Appellate
review of the judgment of the superior court may be obtained as in
other cases if ((taken)) sought within fifteen days after the
date of the entry of the judgment in the superior court. ((The record and
the opening brief of the appellant must be filed in the supreme court or the
court of appeals within sixty days after the filing of the notice of appeal:
PROVIDED, That the time for filing the record and the serving and filing of
briefs may be extended by order of the superior court or by stipulation of the
parties concerned.))
Sec. 100. Section 35.44.270, chapter 7, Laws of 1965 as amended by section 92, chapter 81, Laws of 1971 and RCW 35.44.270 are each amended to read as follows:
A certified
copy of the decision of the superior court pertaining to assessments for local
improvements shall be filed with the officer having custody of the assessment
roll and he shall modify and correct the assessment roll in accordance with the
decision. In ((case of appeal to the supreme court or the court of appeals))
the event appellate review of the decision is sought, a certified copy
of ((its)) the court's order shall be filed with the officer
having custody of the assessment roll and ((he)) the officer
shall thereupon modify and correct the assessment roll in accordance with the
order.
Sec. 101. Section 35.55.080, chapter 7, Laws of 1965 as amended by section 94, chapter 81, Laws of 1971 and RCW 35.55.080 are each amended to read as follows:
Any person who has made objections to the assessment as equalized, shall have the right to appeal from the equalization as made by the city council to the superior court of the county. The appeal shall be made by filing a written notice of appeal with the city clerk within ten days after the equalization of the assessments by the council. The notice of appeal shall describe the property and the objections of such appellant to such assessment.
The appellant shall also file with the clerk of the superior court within ten days from the time of taking the appeal a copy of the notice of appeal together with a copy of the assessment roll and proceedings thereon, certified by the city clerk and a bond to the city conditioned to pay all costs that may be awarded against appellant in such sum not less than two hundred dollars and with such security as shall be approved by the clerk of the court.
The case
shall be docketed by the clerk of the court in the name of the person taking
the appeal as plaintiff and the city as defendant. The cause shall then be at
issue and shall be tried immediately by the court as in the case of equitable
causes; no further pleadings shall be necessary. The judgment of the court
shall be either to confirm, modify or annul the assessment insofar as the same
affects the property of the appellant. ((Appeal shall lie to the supreme
court or the court of appeals)) Appellate review of the superior court's
decision may be sought as in other causes.
Sec. 102. Section 35.56.090, chapter 7, Laws of 1965 as amended by section 95, chapter 81, Laws of 1971 and RCW 35.56.090 are each amended to read as follows:
Any person who has made objections to the assessment as equalized, shall have the right to appeal from the equalization as made by the city council or commission to the superior court of the county. The appeal shall be made by filing a written notice of appeal with the city clerk within ten days after the equalization of the assessments by the council or commission. The notice of appeal shall describe the property and the objections of such appellant to such assessment.
The appellant shall also file with the clerk of the superior court within ten days from the time of taking the appeal a copy of the notice of appeal together with a copy of the assessment roll and proceedings thereon, certified by the city clerk and a bond to the city conditioned to pay all costs that may be awarded against appellant in such sum not less than two hundred dollars, and with such security as shall be approved by the clerk of the court.
The case
shall be docketed by the clerk of the court in the name of the person taking
the appeal as plaintiff, and the city as defendant. The cause shall then be at
issue and shall be tried immediately by the court as in the case of equitable
causes; no further pleadings shall be necessary. The judgment of the court
shall be either to confirm, modify or annul the assessment insofar as the same
affects the property of the appellant. ((An appeal shall lie to the supreme
court or the court of appeals)) Appellate review of the superior court's
decision may be sought as in other causes.
Sec. 103. Section 16, chapter 189, Laws of 1967 as last amended by section 97, chapter 81, Laws of 1971 and RCW 36.93.160 are each amended to read as follows:
(1) When the jurisdiction of the boundary review board has been invoked, the board shall set the date, time and place for a public hearing on the proposal. The board shall give at least thirty days' advance written notice of the date, time and place of the hearing to the governing body of each governmental unit having jurisdiction within the boundaries of the territory proposed to be annexed, formed, incorporated, disincorporated, dissolved or consolidated, or within the boundaries of a special district whose assets and facilities are proposed to be assumed by a city or town, and to the governing body of each city within three miles of the exterior boundaries of such area and to the proponent of such change. Notice shall also be given by publication in any newspaper of general circulation in the area of the proposed boundary change at least three times, the last publication of which shall be not less than five days prior to the date set for the public hearing. Notice shall also be posted in ten public places in the area affected for five days when the area is ten acres or more. When the area affected is less than ten acres, five notices shall be posted in five public places for five days. If the board after such hearing shall determine to modify the proposal by adding territory, then the board shall set a date, time and place for an additional hearing on the modification, for which notice shall be given as provided in this subsection.
(2) A verbatim record shall be made of all testimony presented at the hearing and upon request and payment of the reasonable costs thereof, a copy of the transcript of such testimony shall be provided to any person or governmental unit.
(3) The chairman upon majority vote of the board or a panel may direct the chief clerk of the boundary review board to issue subpoenas to any public officer to testify, and to compel the production by him of any records, books, documents, public records or public papers.
(4) Within forty days after the conclusion of the final hearing on the proposal, the board shall file its written decision, setting forth the reasons therefor, with the board of county commissioners and the clerk of each governmental unit directly affected. The written decision shall indicate whether the proposed change is approved, rejected or modified and, if modified, the terms of such modification. The written decision need not include specific data on every factor required to be considered by the board, but shall indicate that all standards were given consideration. Dissenting members of the board shall have the right to have their written dissents included as part of the decision.
(5) Unanimous decisions of the hearing panel or a decision of a majority of the members of the board shall constitute the decision of the board and shall not be appealable to the whole board. Any other decision shall be appealable to the entire board within ten days. Appeals shall be on the record, which shall be furnished by the appellant, but the board may, in its sole discretion, permit the introduction of additional evidence and argument. Decisions shall be final and conclusive unless within ten days from the date of said action a governmental unit affected by the decision or any person owning real property or residing in the area affected by the decision files in the superior court a notice of appeal.
The filing of such notice of appeal within such time limit shall stay the effective date of the decision of the board until such time as the appeal shall have been adjudicated or withdrawn. On appeal the superior court shall not take any evidence other than that contained in the record of the hearing before the board.
(6) The superior court may affirm the decision of the board or remand the case for further proceedings; or it may reverse the decision if any substantial rights may have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions, or
(b) In excess of the statutory authority or jurisdiction of the board, or
(c) Made upon unlawful procedure, or
(d) Affected by other error of law, or
(e) Unsupported by material and substantial evidence in view of the entire record as submitted, or
(f) Arbitrary or capricious.
An aggrieved party
may ((secure a)) seek appellate review of any final judgment of
the superior court ((by appeal to the supreme court or the court of
appeals. Such appeal shall be taken)) in the manner provided by law ((for
appeals from the superior court)) as in other civil cases.
Sec. 104. Section 29, chapter 72, Laws of 1967 as amended by section 98, chapter 81, Laws of 1971 and RCW 36.94.290 are each amended to read as follows:
The
decision of the board of county commissioners upon any objections made within
the time and in the manner herein prescribed, may be reviewed by the superior
court upon an appeal thereto taken in the following manner. Such appeal shall
be made by filing written notice of appeal with the clerk of the board of
county commissioners and with the clerk of the superior court within ten days
after the resolution confirming such assessment roll shall have become
published, and such notice shall describe the property and set forth the
objections of such appellant to such assessment. Within the ten days from the
filing of such notice of appeal with the clerk of the superior court, the
appellant shall file with the clerk of said court, a transcript consisting of
the assessment roll and his objections thereto, together with the resolution
confirming such assessment roll and the record of the board of county
commissioners with reference to said assessment, which transcript, upon payment
of the necessary fees therefor, shall be furnished by such clerk of the board
of county commissioners and by him certified to contain full, true and correct
copies of all matters and proceedings required to be included in such
transcript. Such fees shall be the same as the fees payable to the county
clerk for the preparation and certification of transcripts on appeal to the supreme
court or the court of appeals in civil actions. At the time of the filing of
the notice of appeal with the clerk of the superior court a sufficient bond in
the penal sum of two hundred dollars, with sureties thereon as provided by law
for appeals in civil cases, shall be filed conditioned to prosecute such appeal
without delay, and if unsuccessful, to pay all costs to which the county is put
by reason of such appeal. The court may order the appellant upon application
therefor, to execute and file such additional bond or bonds as the necessity of
the case may require. Within three days after such transcript is filed in the
superior court, as aforesaid, the appellant shall give written notice to the
clerk of the board of county commissioners that such transcript is filed. Said
notice shall state a time, not less than three days from the service thereof,
when the appellant will call up the said cause for hearing. The superior court
shall, at said time or at such further time as may be fixed by order of the
court, hear and determine such appeal without a jury, and such cause shall have
preference over all civil causes pending in said court, except proceedings
under an act relating to eminent domain in such county and actions of forcible
entry and detainer. The judgment of the court shall confirm, correct, modify
or annul the assessment insofar as the same affects the property of the
appellant. A certified copy of the decision of the court shall be filed with
the officer who shall have the custody of the assessment roll, and he shall
modify and correct such assessment roll in accordance with such decision. ((An
appeal shall lie to the supreme court or the court of appeals from)) Appellate
review of the judgment of the superior court((,)) may be sought
as in other cases((,)). However, ((such appeal)) review
must be ((taken)) sought within fifteen days after the date of
the entry of the judgment of such superior court((, and the record and
opening brief of the appellant in said cause shall be filed in the supreme
court or the court of appeals within sixty days after the appeal shall have
been taken by notice as provided in this section. The time for filing such
record and serving and filing of briefs in this section prescribed may be
extended by order of the superior court, or by stipulation of the parties
concerned)). The supreme court or the court of appeals on such appeal may
correct, change, modify, confirm or annul the assessment insofar as the same
affects the property of the appellant. A certified copy of the order of the
supreme court or the court of appeals upon such appeal shall be filed with the
officer having custody of such assessment roll, who shall thereupon modify and
correct such assessment roll in accordance with such decision.
Sec. 105. Section 15, chapter 311, Laws of 1981 and RCW 41.64.140 are each amended to read as follows:
(1) The court shall review the hearing without a jury on the basis of the transcript and exhibits, except that in case of alleged irregularities in procedure before the board not shown by the transcript the court may order testimony to be given thereon. The court shall upon request by either party hear oral argument and receive written briefs.
(2) The
court may affirm the order of the board, remand the matter for further
proceedings before the board, or reverse or modify the order if it finds that
the objection thereto is well taken on any of the grounds stated. ((Appeal
shall be available to the employee to the supreme court or the court of appeals
from)) Appellate review of the order of the superior court may be
sought as in other civil cases.
Sec. 106. Section 49, chapter 62, Laws of 1970 ex. sess. and RCW 43.21B.190 are each amended to read as follows:
Within
thirty days after the final decision and order of the hearings board upon such
an appeal has been communicated to the interested parties, or within thirty days
after an appeal has been denied after an informal hearing, such interested
party aggrieved by the decision and order of the hearings board may appeal to
the superior court. In all appeals involving a decision or an order of the
hearings board after an informal hearing, the petition shall be filed in the
superior court for the county of the petitioner's residence or principal place
of business, or in the absence of a residence or principal place of business,
for Thurston county. Such appeal may be perfected by filing with the clerk of
the superior court a notice of appeal, and by serving a copy thereof by mail,
or personally on the director, the air pollution control boards or authorities,
established pursuant to chapter 70.94 RCW or on the board as the case may be.
The hearings board shall serve upon the appealing party, the director, the air
pollution control board or authorities established pursuant to chapter 70.94
RCW, or the board, as the case may be, and on any other party appearing at the
hearings board's proceeding, and file with the clerk of the court before trial,
a certified copy of the hearings board's decision and order. ((Every appeal
from)) Appellate review of a decision of the superior court ((shall
go directly to the supreme court, notwithstanding RCW 2.06.030)) may be
sought as in other civil cases. No bond shall be required on appeals to
the superior court or on ((appeals to)) review by the supreme
court unless specifically required by the judge of the superior court.
Sec. 107. Section 50, chapter 62, Laws of 1970 ex. sess. and RCW 43.21B.200 are each amended to read as follows:
Within
thirty days after the final decision and order of the hearings board upon such
an appeal has been communicated to the interested parties, or within thirty
days after an appeal has been denied after a formal hearing, such interested
party aggrieved by the decision and order of the hearings board may appeal to
the court of appeals pursuant to the provisions of RCW 34.04.130(6). Such
appeal may be perfected by filing with the clerk of the court of appeals a
notice of appeal, and by serving a copy thereof by mail, or personally on the
director of the department, and on the board. The hearings board shall serve
upon the appealing party, the director, and any other party appearing at the
hearings board's proceeding, and file with the clerk of the court before trial,
a certified copy of the hearings board's official record which shall include
the notice of appeal and other pleadings, testimony and exhibits, and the
hearings board's decision and order which shall become the record in such
case. No bond shall be required on appeals to the court of appeals or on ((appeals
to)) review by the supreme court unless specifically required by the
judge of the court of appeals.
Sec. 108. Section 43.24.120, chapter 8, Laws of 1965 as last amended by section 102, chapter 158, Laws of 1979 and RCW 43.24.120 are each amended to read as follows:
Any person feeling aggrieved by the refusal of the director to issue a license, or to renew one, or by the revocation or suspension of a license shall have a right of appeal from the decision of the director of licensing to the superior court of Thurston county, which shall be taken, prosecuted, heard, and determined in the manner provided by law for appeals from justices' courts to superior courts.
((No
appeal shall lie from the decision of the superior court of Thurston county on
appeals from the director of licensing, but)) The decision of the
superior court may be reviewed ((as to matters of law)) by the
supreme court or the court of appeals ((upon writs of review sued out in the
manner provided by law)) in the same manner as other civil cases.
Sec. 109. Section 43.52.430, chapter 8, Laws of 1965 as last amended by section 10, chapter 184, Laws of 1977 ex. sess. and RCW 43.52.430 are each amended to read as follows:
Any party
in interest deeming itself aggrieved by any order of the director of the
department of ecology may appeal to the superior court of Thurston county by
serving upon the director and filing with clerk of said court within thirty
days after the entry of the order a notice of appeal. The director shall,
within ten days after service of the notice of appeal, file with the clerk of
the court a return containing a true copy of the order appealed from, together
with a transcript of the record of the proceeding before the director, after
which the appeal shall be at issue. The appeal shall be heard and decided by
the court upon the record before the director and the court may either affirm,
set aside, or remand the order appealed from for further proceedings. ((Appeal
may be had to the supreme court or the court of appeals as in the case of civil
appeals.)) Appellate review of the superior court's decision may be
sought as in other civil cases.
Sec. 110. Section 47.32.060, chapter 13, Laws of 1961 as amended by section 180, chapter 7, Laws of 1984 and RCW 47.32.060 are each amended to read as follows:
At the time
and place appointed for hearing upon the complaint, which hearing shall be by
summary proceedings, if the court or judge thereof finds that due notice has
been given by posting and publication and that the order of the department was
duly made, and is further satisfied and finds that the state highway or portion
thereof described is legally a state highway having the width of right of way
specified in the order and that the structure, buildings, improvements, or
other means of occupancy of the state highway or portion thereof as stated in
the certificate of the department do in fact encroach, or that any portion
thereof encroach, upon the state highway right of way, the court or judge
thereof shall thereupon make and enter an order establishing that each of the
structures, buildings, improvements, and other means of occupancy specified in
the order is unlawfully maintained within the right of way and is subject to
confiscation and sale and that they be forthwith confiscated, removed from the
right of way, and sold, and providing that six days after the entry of the
order, a writ shall issue from the court directed to the sheriff of the county,
commanding the sheriff to seize and remove from the right of way of the state
highway each such structure, building, improvement, or other means of occupancy
specified in the order forthwith on receipt of a writ based on the order and to
take and hold the property in his custody for a period of ten days, unless
redelivered earlier as provided for by law, and if not then so redelivered to
sell the property at public or private sale and to pay the proceeds thereof
into the registry of the court within sixty days after the issuance of the
writ, and further in such action, including costs of posting original notices
of the department, the costs of posting and publishing notices of hearing as
part thereof and any cost of removal, be paid by the clerk to the state
treasurer and credited to the motor vehicle fund. The order shall be filed
with the clerk of the court and recorded in the minutes of the court, and is
final unless appellate review thereof is ((taken to the supreme court
of the state)) sought within five days after filing of the order.
Sec. 111. Section .31.19, chapter 79, Laws of 1947 as last amended by section 13, chapter 241, Laws of 1969 ex. sess. and RCW 48.31.190 are each amended to read as follows:
(1) Proceedings under this chapter involving a domestic insurer shall be commenced in the superior court for the county in which is located the insurer's home office. Proceedings under this chapter involving other insurers shall be commenced in the superior court for Thurston county.
(2) The commissioner shall commence any such proceeding, the attorney general representing him, by an application to the court or to any judge thereof, for an order directing the insurer to show cause why the commissioner should not have the relief prayed for.
(3) Upon a showing of an emergency or threat of imminent loss to policyholders of the insurer the court may issue an ex parte order authorizing the commissioner immediately to take over the premises and assets of the insurer, the commissioner then to preserve the status quo, pending a hearing on the order to show cause, which shall be heard as soon as the court calendar permits in preference to other civil cases.
(4) In response to any order to show cause issued under this chapter the insurer shall have the burden of going forward with and producing evidence to show why the relief prayed for by the commissioner is not required.
(5) On the return of such order to show cause, and after a full hearing, the court shall either deny the relief sought in the application or grant the relief sought in the application together with such other relief as the nature of the case and the interest of policyholders, creditors, stockholders, members, subscribers, or the public may require.
(6) No ((appeal
taken from)) appellate review of a superior court order, entered
after a hearing, granting the commissioner's petition to rehabilitate an
insurer or to carry out an insolvency proceeding under this chapter, shall stay
the action of the commissioner in the discharge of his responsibilities under this
chapter, pending a decision by the appellate court in the matter.
(7) In any proceeding under this chapter the commissioner and his deputies shall be responsible on their official bonds for the faithful performance of their duties. If the court deems it desirable for the protection of the assets, it may at any time require an additional bond from the commissioner or his deputies.
Sec. 112. Section 21, chapter 37, Laws of 1957 as last amended by section 24, chapter 185, Laws of 1985 and RCW 49.60.260 are each amended to read as follows:
(1) The commission shall petition the court within the county wherein any unfair practice occurred or wherein any person charged with an unfair practice resides or transacts business for the enforcement of any final order which is not complied with and is issued by the commission or an administrative law judge under the provisions of this chapter and for appropriate temporary relief or a restraining order, and shall certify and file in court the final order sought to be enforced. Within five days after filing such petition in court, the commission shall cause a notice of the petition to be sent by registered mail to all parties or their representatives.
(2) From the time the petition is filed, the court shall have jurisdiction of the proceedings and of the questions determined thereon, and shall have the power to grant such temporary relief or restraining order as it deems just and suitable.
(3) If the petition shows that there is a final order issued by the commission or administrative law judge under RCW 49.60.240 or 49.60.250 and that the order has not been complied with in whole or in part, the court shall issue an order directing the person who is alleged to have not complied with the administrative order to appear in court at a time designated in the order, not less than ten days from the date thereof, and show cause why the administrative order should not be enforced according to the terms. The commission shall immediately serve the person with a copy of the court order and the petition.
(4) The administrative order shall be enforced by the court if the person does not appear, or if the person appears and the court finds that:
(a) The order is regular on its face;
(b) The order has not been complied with; and
(c) The person's answer discloses no valid reason why the order should not be enforced, or that the reason given in the person's answer could have been raised by review under RCW 34.04.130, and the person has given no valid excuse for failing to use that remedy.
(5) The
jurisdiction of the court shall be exclusive and its judgment and decree shall
be final, except that the same shall be subject to ((a)) appellate
review by the supreme court or the court of appeals, on appeal, by either
party, irrespective of the nature of the decree or judgment. ((Such appeal))
The review shall be taken and prosecuted in the same manner and form and
with the same effect as is provided in other cases ((of appeal to the
supreme court or the court of appeals, and the record so certified shall
contain all that was before the lower court)).
Sec. 113. Section 132, chapter 35, Laws of 1945 as amended by section 121, chapter 81, Laws of 1971 and RCW 50.32.160 are each amended to read as follows:
It shall be
unlawful for any attorney engaged in any appeal to the courts on behalf of an
individual involving the individual's application for initial determination, or
claim for waiting period credit, or claim for benefits to charge or receive any
fee therein in excess of a reasonable fee to be fixed by the superior court in
respect to the services performed in connection with the appeal taken thereto
and to be fixed by the supreme court or the court of appeals in the event of ((an
appeal thereto)) appellate review, and if the decision of the
commissioner shall be reversed or modified, such fee and the costs shall be
payable out of the unemployment compensation administration fund. In the
allowance of fees the court shall give consideration to the provisions of this
title in respect to fees pertaining to proceedings involving an individual's
application for initial determination, claim for waiting period credit, or
claim for benefits. In other respects the practice in civil cases shall apply.
Sec. 114. Section 1, chapter 40, Laws of 1973 as last amended by section 6, chapter 109, Laws of 1982 and RCW 51.52.110 are each amended to read as follows:
Within thirty days after a decision of the board to deny the petition or petitions for review upon such appeal has been communicated to such worker, beneficiary, employer or other person, or within thirty days after the final decision and order of the board upon such appeal has been communicated to such worker, beneficiary, employer or other person, or within thirty days after the appeal is denied as herein provided, such worker, beneficiary, employer or other person aggrieved by the decision and order of the board may appeal to the superior court. If such worker, beneficiary, employer, or other person fails to file with the superior court its appeal as provided in this section within said thirty days, the decision of the board to deny the petition or petitions for review or the final decision and order of the board shall become final.
In cases
involving injured workers, an appeal to the superior court shall be to the
superior court of the county of residence of the worker or beneficiary, as
shown by the department's records, or to the superior court of the county
wherein the injury occurred or where neither the county of residence nor the
county wherein the injury occurred are in the state of Washington then the
appeal may be directed to the superior court for Thurston county. In all other
cases the appeal shall be to the superior court of Thurston county. Such
appeal shall be perfected by filing with the clerk of the court a notice of
appeal and by serving a copy thereof by mail, or personally, on the director
and on the board. If the case is one involving a self-insurer, a copy of the
notice of appeal shall also be served by mail, or personally, on such
self-insurer. The department shall, in all cases not involving a self-insurer,
within twenty days after the receipt of such notice of appeal, serve and file
its notice of appearance and such appeal shall thereupon be deemed at issue.
If the case is one involving a self-insurer, such self-insurer shall, within
twenty days after receipt of such notice of appeal, serve and file its notice
of appearance and such appeal shall thereupon be deemed to be at issue. In
such cases the department may appear and take part in any proceedings. The
board shall serve upon the appealing party, the director, the self-insurer if
the case involves a self-insurer, and any other party appearing at the board's
proceeding, and file with the clerk of the court before trial, a certified copy
of the board's official record which shall include the notice of appeal and
other pleadings, testimony and exhibits, and the board's decision and order,
which shall become the record in such case. No bond shall be required on
appeals to the superior court or on ((appeals to)) review by the
supreme court or the court of appeals, except that an appeal by the employer
from a decision and order of the board under RCW 51.48.070, shall be
ineffectual unless, within five days following the service of notice thereof, a
bond, with surety satisfactory to the court, shall be filed, conditioned to
perform the judgment of the court. Except in the case last named an appeal
shall not be a stay: PROVIDED, HOWEVER, That whenever the board has made any
decision and order reversing an order of the supervisor of industrial insurance
on questions of law or mandatory administrative actions of the director, the
department shall have the right of appeal to the superior court.
Sec. 115. Section 9, chapter 255, Laws of 1947 as amended by section 75, chapter 230, Laws of 1984 and RCW 52.22.101 are each amended to read as follows:
((An
appeal from)) Appellate review of an order granting or refusing a
new trial, or from the judgment, in the special proceedings must be taken by
the party aggrieved within thirty days after the entry of the order or the
judgment.
Sec. 116. Section 17, chapter 390, Laws of 1955 as last amended by section 123, chapter 81, Laws of 1971 and RCW 54.16.160 are each amended to read as follows:
Before
approval of the roll, a notice shall be published once each week for two
successive weeks in a newspaper of general circulation in the county, stating
that the roll is on file and open to inspection in the office of the secretary,
and fixing a time not less than fifteen nor more than thirty days from the date
of the first publication of the notice, within which protests must be filed
with the secretary against any assessments shown thereon, and fixing a time
when a hearing shall be held by the commission on the protests. After the
hearing the commission may alter any and all assessments shown on the roll and
may, by resolution, approve it, but if an assessment is raised, a new notice,
similar to the first, shall be given, and a hearing had thereon, after which
final approval of the roll may be made. Any person aggrieved by the
assessments shall perfect an appeal to the superior court of the county within
ten days after the approval, in the manner provided for appeals from
assessments levied by cities of the first class. In the event such an appeal
shall be taken, the judgment of the court shall confirm the assessment insofar as
it affects the property of the appellant unless the court shall find from the
evidence that such assessment is founded upon a fundamentally wrong basis
and/or the decision of the commission thereon was arbitrary or capricious; in
which event the judgment of the court shall correct, change, modify, or annul
the assessment insofar as it affects the property of the appellant. In the
same manner as provided with reference to cities of the first class ((an
appeal shall lie to the supreme court or the court of appeals from)) appellate
review of the judgment of the superior court may be sought, as in
other cases, ((if taken)) within fifteen days after the date of the
entry of the judgment in the superior court. Engineering, office, and other
expenses necessary or incident to the improvement shall be borne by the public
utility district: PROVIDED, That when a municipal corporation included in the
public utility district already owns or operates a utility of a character like
that for which the assessments are levied hereunder, all such engineering and
other expenses shall be borne by the local assessment district.
Sec. 117. Section 1, chapter 142, Laws of 1959 as amended by section 124, chapter 81, Laws of 1971 and RCW 54.16.165 are each amended to read as follows:
Whenever any land against which there has been levied any special assessment by any public utility district shall have been sold in part or subdivided, the board of commissioners of such public utility district shall have the power to order a segregation of the assessment.
Any person owning any part of the land involved in a special assessment and desiring to have such special assessment against the tracts of land segregated to apply to smaller parts thereof shall apply in writing to the board of commissioners of the public utility district which levied the assessment. If the commissioners determine that a segregation should be made they shall do so as nearly as possible on the same basis as the original assessment was levied and the total of the segregated parts of the assessment shall equal the assessment before segregation.
The
commission shall then send notice thereof by mail to the several owners
interested in the tract, as shown on the general tax rolls. If no protest is
filed within twenty days from date of mailing said notice, the commission shall
then by resolution approve said segregation. If a protest is filed, the
commission shall have a hearing thereon, after mailing to the several owners at
least ten days notice of the time and place thereof. After the hearing, the
commission may by resolution approve said segregation, with or without change.
Within ten days after the approval, any person aggrieved by the segregation may
perfect an appeal to the superior court of the county wherein the property is
situated and ((therefrom to the supreme court or the court of appeals)) thereafter
seek appellate review, all as provided for appeals from assessments levied
by cities of the first class. The resolution approving said segregation shall
describe the original tract, the amount and date of the original assessment,
and shall define the boundaries of the divided parts and the amount of the
assessment chargeable to each part, and shall order the county treasurer to make
segregation on the original assessment roll as directed in the resolution. A
certified copy of the resolution shall be delivered to the county treasurer who
shall proceed to make the segregation ordered. The board of commissioners may
require as a condition to the order of segregation that the person seeking it
pay the public utility district the reasonable engineering and clerical costs
incident to making the segregation. Unless otherwise provided in said
resolution, the county treasurer shall apportion amounts paid on the original
assessment in the same proportion as the segregated assessments bear to the
original assessment. Upon segregation being made by the county treasurer, as
aforesaid, the lien of the special assessment shall apply to the segregated
parcels only to the extent of the segregated part of such assessment.
Sec. 118. Section 13, chapter 114, Laws of 1929 as last amended by section 18, chapter 17, Laws of 1982 1st ex. sess. and RCW 57.16.090 are each amended to read as follows:
The
decision of the water district commission upon any objections made within the
time and in the manner herein prescribed, may be reviewed by the superior court
upon an appeal thereto taken in the following manner. Such appeal shall be
made by filing written notice of appeal with the secretary of said water
district commission and with the clerk of the superior court in the county in
which the real property is situated within ten days after publication of a
notice that the resolution confirming such assessment roll has been adopted,
and such notice of appeal shall describe the property and set forth the
objections of such appellant to such assessment; and within ten days from the
filing of such notice of appeal with the clerk of the superior court, the
appellant shall file with the clerk of the court, a transcript consisting of
the assessment roll and the appellant's objections thereto, together with the
resolution confirming such assessment roll and the record of the water district
commission with reference to the assessment, which transcript, upon payment of
the necessary fees therefor, shall be furnished by the secretary of the water
district commission certified by the secretary to contain full, true and
correct copies of all matters and proceedings required to be included in such
transcript. Such fees shall be the same as the fees payable to the county
clerk for the preparation and certification of transcripts on appeal to the
supreme court or the court of appeals in civil actions. At the time of the
filing of the notice of appeal with the clerk of the superior court a
sufficient bond in the penal sum of two hundred dollars, with at least two
sureties, to be approved by the judge of said court, conditioned to prosecute
such appeal without delay, and if unsuccessful to pay all costs to which the
water district is put by reason of such appeal. The court may order the
appellant upon application therefor, to execute and file such additional bond
or bonds as the necessity of the case may require. Within three days after
such transcript is filed in the superior court, the appellant shall give
written notice to the secretary of such water district, that such transcript is
filed. The notice shall state a time, not less than three days from the
service thereof, when the appellant will call up the cause for hearing; and the
superior court shall, at said time or at such further time as may be fixed by
order of the court, hear and determine such appeal without a jury; and such
cause shall have preference over all civil causes pending in the court, except
proceedings under an act relating to eminent domain and actions of forcible
entry and detainer. The judgment of the court shall confirm, correct, modify
or annul the assessment insofar as the same affects the property of the
appellant. A certified copy of the decision of the court shall be filed with
the officer who shall have custody of the assessment roll, who shall modify and
correct such assessment roll in accordance with such decision. ((An appeal
shall lie to the supreme court or the court of appeals from)) Appellate
review of the judgment of the superior court((,)) may be sought
as in other civil cases((: PROVIDED, HOWEVER, That such appeal must
be taken)). However, the review must be sought within fifteen days
after the date of the entry of the judgment of such superior court((; and
the record and opening brief of the appellant in the cause shall be filed in
the supreme court or the court of appeals within sixty days after the appeal
shall have been taken by notice as provided in this title. The time for filing
such record and serving and filing of briefs in this section prescribed may be
extended by order of the superior court, or by stipulation of the parties
concerned. The supreme court or the court of appeals on such appeal may
correct, change, modify, confirm or annul the assessment insofar as the same
affects the property of the appellant)). A certified copy of the order of
the supreme court or the court of appeals upon such appeal shall be filed with
the officer having custody of such assessment roll, who shall thereupon modify
and correct such assessment roll in accordance with such decision.
Sec. 119. Section 49, chapter 231, Laws of 1909 as amended by section 127, chapter 81, Laws of 1971 and RCW 58.28.490 are each amended to read as follows:
((Appeals
and writs of review may be prosecuted to the supreme court or the court of
appeals from a superior court from)) Appellate review of the
judgment or orders of the superior court in all cases arising under this
chapter or said acts of congress may be sought as in other civil
cases ((and the general statutes as to the commencement of actions, bringing
the same to trial, making an entry of judgment, the taking and perfecting
appeals, and the making up of the records on appeal and relating to writs of
review in the superior court, court of appeals, and supreme court, and all
other procedure in the superior court, court of appeals, and supreme court
shall be applicable to actions under this chapter and under said acts of
congress)).
Sec. 120. Section 22, chapter 96, Laws of 1891 as amended by section 128, chapter 81, Laws of 1971 and RCW 59.12.200 are each amended to read as follows:
((If
either)) A party ((feels)) aggrieved by the judgment ((he))
may ((appeal to the supreme court or the court of appeals,)) seek
appellate review of the judgment as in other civil actions: PROVIDED, That
if the defendant appealing desires a stay of proceedings pending ((such
appeal, he)) review, the defendant shall execute and file a bond,
with two or more sufficient sureties to be approved by the judge, conditioned
to abide the order of the court ((on such appeal)), and to pay all rents
and other damages justly accruing to the plaintiff during the pendency of the
((appeal)) proceeding.
Sec. 121. Section 27, chapter 250, Laws of 1907 as amended by section 132, chapter 81, Laws of 1971 and RCW 65.12.175 are each amended to read as follows:
If the
court, after hearing, finds that the applicant has title, whether as stated in
his application or otherwise, proper for registration, a decree of confirmation
of title and registration shall be entered. Every decree of registration shall
bind the land, and quiet the title thereto, except as herein otherwise
provided, and shall be forever binding and conclusive upon all persons, whether
mentioned by name in the application, or included in "all other persons or
parties unknown claiming any right, title, estate, lien or interest in, to, or
upon the real estate described in the application herein", and such decree
shall not be opened by reason of the absence, infancy or other disability of
any person affected thereby, nor by any proceeding at law, or in equity, for
reversing judgments or decrees, except as herein especially provided. ((An
appeal may be taken to the supreme court or the court of appeals of the state
of Washington, within the same time, upon like notice, terms and conditions as
are now provided for the taking of appeals from the superior court to the
supreme court or the court of appeals of the state of Washington)) Appellate
review of the court's decision may be sought as in other civil
actions.
Sec. 122. Section 72.33.240, chapter 28, Laws of 1959 as last amended by section 61, chapter 80, Laws of 1977 ex. sess. and RCW 72.33.240 are each amended to read as follows:
Any parent,
guardian, limited guardian, or other court appointed personal representative
feeling aggrieved by an adverse decision pertaining to admission, placement, or
discharge of his ward may apply to the secretary in writing within thirty days
of notification of the decision for a review and reconsideration of the
decision. An administrative hearing shall be held within ten days from the
date of receipt of the written request for review. In the event of an
unfavorable ruling by the secretary, such parent, guardian, limited guardian,
or other court appointed personal representative may institute proceedings in
the superior court of the state of Washington in the county of residence of
such parent or guardian, otherwise in Thurston county, and have such decision
reviewed and its correctness, reasonableness, and lawfulness decided in an appeal
heard as in initial proceeding on an original application. Said parent,
guardian, limited guardian, or other court appointed personal representative ((shall
have the right to appeal from)) may seek appellate review of the
decision of the superior court ((to the supreme court or the court of
appeals of the state of Washington,)) as in other civil cases.
Sec. 123. Section 74.08.080, chapter 26, Laws of 1959 as last amended by section 136, chapter 81, Laws of 1971 and RCW 74.08.080 are each amended to read as follows:
In the
event an appellant feels himself aggrieved by the decision rendered in the
hearing provided for in RCW 74.08.070, he shall have the right to petition the
superior court for judicial review in accordance with the provisions of chapter
34.04 RCW, as now or hereafter amended. Either party may ((appeal from))
seek appellate review of the decision of the superior court ((to the
supreme court or the court of appeals of the state)): PROVIDED, That no
filing fee shall be collected of the appellant and no bond shall be required on
any ((appeal)) review under this chapter. In the event that the
superior court, the court of appeals, or the supreme court renders a decision
in favor of the appellant, said appellant shall be entitled to reasonable
attorney's fees and costs. If a decision of the court is made in favor of the
appellant, assistance shall be paid from date of the denial of the application
or forty-five days following the date of application, whichever is sooner; or
in the case of a recipient, from the effective date of the initial departmental
county office decision.
Sec. 124. Section 125, chapter 255, Laws of 1927 as amended by section 139, chapter 81, Laws of 1971 and RCW 79.01.500 are each amended to read as follows:
Any
applicant to purchase, or lease, any public lands of the state, or any valuable
materials thereon, and any person whose property rights or interests will be
affected by such sale or lease, feeling himself aggrieved by any order or
decision of the board of state land commissioners, or the commissioner of
public lands, concerning the same, may appeal therefrom to the superior court
of the county in which such lands or materials are situated, by serving upon all
parties who have appeared in the proceedings in which the order or decision was
made, or their attorneys, a written notice of appeal, and filing such notice,
with proof, or admission, of service, with the board, or the commissioner,
within thirty days from the date of the order or decision appealed from, and at
the time of filing the notice, or within five days thereafter, filing a bond to
the state, in the penal sum of two hundred dollars, with sufficient sureties,
to be approved by the secretary of the board, or the commissioner, conditioned
that the appellant shall pay all costs that may be awarded against him on
appeal, or the dismissal thereof. Within thirty days after the filing of
notice of appeal, the secretary of the board, or the commissioner, shall
certify, under official seal, a transcript of all entries in the records of the
board, or the commissioner, together with all processes, pleadings and other
papers relating to and on file in the case, except evidence used in such
proceedings, and file such transcript and papers, at the expense of the
applicant, with the clerk of the court to which the appeal is taken. The
hearing and trial of said appeal in the superior court shall be de novo before
the court, without a jury, upon the pleadings and papers so certified, but the
court may order the pleadings to be amended, or new and further pleadings to be
filed. Costs on appeal shall be awarded to the prevailing party as in actions
commenced in the superior court, but no costs shall be awarded against the
state, the board, or the commissioner. Should judgment be rendered against the
appellant, the costs shall be taxed against him and his sureties on the appeal
bond, except when the state is the only adverse party, and shall be included in
the judgment, upon which execution may issue as in other cases. Any party
feeling himself aggrieved by the judgment of the superior court may ((appeal
therefrom to the supreme court or the court of appeals of the state, in the
manner, and within the time, for appealing from judgments in actions at law))
seek appellate review as in other civil cases. Unless ((appeal be
taken from)) appellate review of the judgment of the superior court is
sought, the clerk of said court shall, on demand, certify, under his hand
and the seal of the court, a true copy of the judgment, to the board, or the
commissioner, which judgment shall thereupon have the same force and effect as
if rendered by the board, or the commissioner. In all cases of appeals from
orders or decisions of the commissioner of public lands involving the prior
right to purchase tidelands of the first class, if the appeal be not
prosecuted, heard and determined, within two years from the date of the appeal,
the attorney general shall, after thirty days' notice to the appellant of his
intention so to do, move the court for a dismissal of the appeal, but nothing
herein shall be construed to prevent the dismissal of such appeal at any time
in the manner provided by law.
Sec. 125. Section 80.04.190, chapter 14, Laws of 1961 as amended by section 4, chapter 107, Laws of 1971 ex. sess. and RCW 80.04.190 are each amended to read as follows:
The
commission, any public service company or any complainant may, after the entry
of judgment in the superior court in any action of review, ((prosecute an
appeal to the supreme court or the court of appeals of the state of Washington))
seek appellate review as in other cases.
Sec. 126. Section 80.04.260, chapter 14, Laws of 1961 as amended by section 140, chapter 81, Laws of 1971 and RCW 80.04.260 are each amended to read as follows:
Whenever
the commission shall be of opinion that any public service company is failing
or omitting, or about to fail or omit, to do anything required of it by law, or
by order, direction or requirement of the commission, or is doing anything, or
about to do anything, or permitting anything, or about to permit anything to be
done contrary to or in violation of law or of any order, direction or
requirement of the commission authorized by this title, it shall direct the
attorney general to commence an action or proceeding in the superior court of
the state of Washington for Thurston county, or in the superior court of any county
in which such company may do business, in the name of the state of Washington
on the relation of the commission, for the purpose of having such violations or
threatened violations stopped and prevented, either by mandamus or injunction.
The attorney general shall thereupon begin such action or proceeding by
petition to such superior court, alleging the violation complained of, and
praying for the appropriate relief by way of mandamus or injunction. It shall
thereupon be the duty of the court to specify a time, not exceeding twenty days
after the service of the copy of the petition, within which the public service
company complained of must answer the petition. In case of default in answer
or after answer, the court shall immediately inquire into the facts and
circumstances in such manner as the court shall direct, without other or formal
pleadings, and without respect to any technical requirement. Such persons or
corporations as the court may deem necessary or proper to be joined as parties,
in order to make its judgment, order or writ effective, may be joined as
parties. The final judgment in any such action or proceeding shall either
dismiss the action or proceeding or direct that the writ of mandamus or
injunction, or both, issue as prayed for in the petition, or in such other
modified form as the court may determine will afford appropriate relief. ((An
appeal may be taken to the supreme court or the court of appeals from such))
Appellate review of the final judgment may be sought in the same
manner and with the same effect as ((appeals from)) review of
judgments of the superior court in actions to review orders of the commission.
All provisions of this chapter relating to the time of ((appeal)) review,
the manner of perfecting the same, the filing of briefs, hearings and
supersedeas, shall apply to appeals to the supreme court or the court of
appeals under the provisions of this section.
Sec. 127. Section 14, chapter 45, Laws of 1970 ex. sess. as last amended by section 3, chapter 64, Laws of 1981 and RCW 80.50.140 are each amended to read as follows:
(1) A final decision pursuant to RCW 80.50.100 on an application for certification shall be subject to judicial review pursuant to provisions of chapter 34.04 RCW and this section. Petitions for review of such a decision shall be filed in the Thurston county superior court. All petitions for review of a decision under RCW 80.50.100 shall be consolidated into a single proceeding before the Thurston county superior court. The Thurston county superior court shall certify the petition for review to the supreme court upon the following conditions:
(a) Review can be made on the administrative record;
(b) Fundamental and urgent interests affecting the public interest and development of energy facilities are involved which require a prompt determination;
(c) ((An
appeal to)) Review by the supreme court would likely be ((made))
sought regardless of the determination of the Thurston county superior
court; and
(d) The record is complete for review.
The Thurston county superior court shall assign a petition for review of a decision under RCW 80.50.100 for hearing at the earliest possible date and shall expedite such petition in every way possible. If the court finds that review cannot be limited to the administrative record as set forth in subparagraph (a) of this subsection because there are alleged irregularities in the procedure before the council not found in the record, but finds that the standards set forth in subparagraphs (b), (c), and (d) of this subsection are met, the court shall proceed to take testimony and determine such factual issues raised by the alleged irregularities and certify the petition and its determination of such factual issues to the supreme court. Upon certification, the supreme court shall assign the petition for hearing at the earliest possible date, and it shall expedite its review and decision in every way possible.
(2) Objections raised by any party in interest concerning procedural error by the council shall be filed with the council within sixty days of the commission of such error, or within thirty days of the first public hearing or meeting of the council at which the general subject matter to which the error is related is discussed, whichever comes later, or such objection shall be deemed waived for purposes of judicial review as provided in this section.
(3) The rules and regulations adopted by the council shall be subject to judicial review pursuant to the provisions of chapter 34.04 RCW.
Sec. 128. Section 81.04.190, chapter 14, Laws of 1961 as amended by section 5, chapter 107, Laws of 1971 ex. sess. and RCW 81.04.190 are each amended to read as follows:
The
commission, any public service company or any complainant may, after the entry
of judgment in the superior court in any action of review, ((prosecute an
appeal to the supreme court or the court of appeals of the state of Washington))
seek appellate review as in other cases.
Sec. 129. Section 81.04.260, chapter 14, Laws of 1961 as amended by section 143, chapter 81, Laws of 1971 and RCW 81.04.260 are each amended to read as follows:
Whenever
the commission shall be of opinion that any public service company is failing
or omitting, or about to fail or omit, to do anything required of it by law, or
by order, direction or requirement of the commission, or is doing anything, or
about to do anything, or permitting anything, or about to permit anything to be
done contrary to or in violation of law or of any order, direction or
requirement of the commission authorized by this title, it shall direct the
attorney general to commence an action or proceeding in the superior court of
the state of Washington for Thurston county, or in the superior court of any
county in which such company may do business, in the name of the state of
Washington on the relation of the commission, for the purpose of having such
violations or threatened violations stopped and prevented, either by mandamus
or injunction. The attorney general shall thereupon begin such action or
proceeding by petition to such superior court, alleging the violation
complained of, and praying for appropriate relief by way of mandamus or
injunction. It shall thereupon be the duty of the court to specify a time, not
exceeding twenty days after the service of the copy of the petition, within
which the public service company complained of must answer the petition. In
case of default in answer or after answer, the court shall immediately inquire
into the facts and circumstances in such manner as the court shall direct,
without other or formal pleadings, and without respect to any technical
requirement. Such persons or corporations as the court may deem necessary or
proper to be joined as parties, in order to make its judgment, order or writ
effective, may be joined as parties. The final judgment in any such action or
proceeding shall either dismiss the action or proceeding or direct that the
writ of mandamus or injunction, or both, issue as prayed for in the petition,
or in such other modified form as the court may determine will afford
appropriate relief. ((An appeal may be taken to the supreme court or the
court of appeals from such)) Appellate review of the final judgment may
be sought in the same manner and with the same effect as ((appeals from))
review of judgments of the superior court in actions to review orders of
the commission. All provisions of this chapter relating to the time of ((appeal))
review, the manner of perfecting the same, the filing of briefs,
hearings and supersedeas, shall apply to appeals to the supreme court or the
court of appeals under the provisions of this section.
Sec. 130. Section 81.53.130, chapter 14, Laws of 1961 as amended by section 144, chapter 81, Laws of 1971 and RCW 81.53.130 are each amended to read as follows:
In the
construction of new railroads across existing highways, the railroads shall do
or cause to be done all the work of constructing the crossings and road changes
that may be required, and shall acquire and furnish whatever property or
easements may be necessary, and shall pay, as provided in RCW 81.53.100 through
81.53.120, the entire expense of such work including all compensation or
damages for property or property rights taken, damaged or injuriously
affected. In all other cases the construction work may be apportioned by the
commission between the parties who may be required to contribute to the cost
thereof as the parties may agree, or as the commission may consider advisable.
All work within the limits of railroad rights of way shall in every case be
done by the railroad company owning or operating the same. The cost of
acquiring additional lands, rights or easements to provide for the change of
existing crossings shall, unless the parties otherwise agree, in the first
instance be paid by the municipality or county within which the crossing is
located; or in the case of a state road or parkway, shall be paid in the manner
provided by law for paying the cost of acquiring lands, rights or easements for
the construction of state roads or parkways. The expense accruing on account
of property taken or damaged shall be divided and paid in the manner provided
for dividing and paying other costs of construction. Upon the completion of
the work and its approval by the commission, an accounting shall be had, and if
it shall appear that any party has expended more than its proportion of the
total cost, a settlement shall be forthwith made. If the parties shall be
unable to agree upon a settlement, the commission shall arbitrate, adjust and
settle the account after notice to the parties. In the event of failure and
refusal of any party to pay its proportion of the expense, the sum with interest
from the date of the settlement may be recovered in a civil action by the party
entitled thereto. In cases where the commission has settled the account, the
finding of the commission as to the amount due shall be conclusive in any civil
action brought to recover the same if such finding has not been reviewed or
appealed from as herein provided, and the time for review or appeal has
expired. If any party shall seek review ((or appeal from)) of
any finding or order of the commission apportioning the cost between the
parties liable therefor, the superior court, the court of appeals, or the
supreme court, as the case may be, shall cause judgment to be entered in such
review proceedings for such sum or sums as may be found lawfully or justly due
by one party to another.
Sec. 131. Section 81.53.170, chapter 14, Laws of 1961 as amended by section 145, chapter 81, Laws of 1971 and RCW 81.53.170 are each amended to read as follows:
Upon the
petition of any party to a proceeding before the commission, any finding or
findings, or order or orders of the commission, made under color of authority
of this chapter, except as otherwise provided, may be reviewed in the superior
court of the county wherein the crossing is situated, and the reasonableness
and lawfulness of such finding or findings, order or orders inquired into and
determined, as provided in this title for the review of the commission's orders
generally. ((An appeal may be taken to the supreme court or the court of
appeals from)) Appellate review of the judgment of the superior
court may be sought in like manner as provided in said utilities and
transportation commission law for ((appeals to)) review by the
supreme court or the court of appeals.
Sec. 132. Section 82.32.180, chapter 15, Laws of 1961 as last amended by section 148, chapter 81, Laws of 1971 and RCW 82.32.180 are each amended to read as follows:
Any person, except one who has failed to keep and preserve books, records, and invoices as required in this chapter and chapter 82.24 RCW, having paid any tax as required and feeling aggrieved by the amount of the tax may appeal to the superior court of Thurston county, within the time limitation for a refund provided in chapter 82.32 RCW. In the appeal the taxpayer shall set forth the amount of the tax imposed upon him which he concedes to be the correct tax and the reason why the tax should be reduced or abated. The appeal shall be perfected by serving a copy of the notice of appeal upon the department within the time herein specified and by filing the original thereof with proof of service with the clerk of the superior court of Thurston county. Within ten days after filing notice of appeal, the taxpayer shall file with the clerk of the superior court a good and sufficient surety bond payable to the state in the sum of two hundred dollars, conditioned to diligently prosecute the appeal and pay the state all costs that may be awarded if the appeal of the taxpayer is not sustained.
The trial
in the superior court on appeal shall be de novo and without the necessity of
any pleadings other than the notice of appeal. The burden shall rest upon the
taxpayer to prove that the tax as paid by him is incorrect, either in whole or
in part, and to establish the correct amount of the tax. In such proceeding
the taxpayer shall be deemed the plaintiff, and the state, the defendant; and
both parties shall be entitled to subpoena the attendance of witnesses as in
other civil actions and to produce evidence that is competent, relevant, and
material to determine the correct amount of the tax that should be paid by the
taxpayer. Either party ((shall be allowed to appeal to the supreme court or
the court of appeals)) may seek appellate review in the same manner
as other civil actions are appealed to those courts.
It shall not be necessary for the taxpayer to protest against the payment of any tax or to make any demand to have the same refunded or to petition the director for a hearing in order to appeal to the superior court, but no court action or proceeding of any kind shall be maintained by the taxpayer to recover any tax paid, or any part thereof, except as herein provided.
The provisions of this section shall not apply to any tax payment which has been the subject of an appeal to the board of tax appeals with respect to which appeal a formal hearing has been elected.
Sec. 133. Section 84.28.080, chapter 15, Laws of 1961 as last amended by section 152, chapter 81, Laws of 1971 and RCW 84.28.080 are each amended to read as follows:
Whenever
the department or the department of revenue shall enter an order or decision
with respect to classification or declassification of forest lands under this
chapter, the owner of such lands, the department, the county assessor of the
county in which such lands are located, or the taxpayers in a case arising
under RCW 84.28.060, may, within thirty days following the entry of such order
or decision, appeal to the superior court of the county within which such lands
are situated for a review of the order or decision of the department or of the
department of revenue. The appeal shall be perfected in the same manner as is
provided by law for appeals from decisions of the department of revenue. Upon
such appeal, the superior court shall sit without a jury, shall receive
evidence de novo and shall determine the correct classification of the lands involved
in accordance with the requirements of this chapter. The decision of the
superior court shall be subject to ((appeal and)) appellate
review ((in the supreme court or the court of appeals)) in the same
manner ((and by the same procedure)) as appeals are taken and perfected
in civil actions at law. Upon ((appeal from)) review of any
order or decisions of the department or the department of revenue and pending
the dismissal or final determination of such ((appeal)) review,
the lands involved shall be assessed and taxed in the same manner as they were
assessed and taxed prior to the effective date of such order or decision.
Sec. 134. Section 84.28.110, chapter 15, Laws of 1961 as last amended by section 153, chapter 81, Laws of 1971 and RCW 84.28.110 are each amended to read as follows:
Whenever the whole or any part of the forest crop shall be cut upon any lands classified and assessed as reforestation lands under the provisions of this chapter, the owner of such lands shall, on or before the fifteenth day of February of each year, report under oath to the assessor of the county in which such lands are located, the amount of such timber or other forest crop cut during the preceding twelve months, in units of measure in conformity with the usage for which the cutting was made, together with a description, by government legal subdivisions, of the lands upon which the same were cut. If no such report of cutting is made, or if the assessor shall believe the report to be inaccurate, incorrect or mistaken, the assessor may by such methods as shall be deemed advisable, determine the amount of timber or other forest product cut during such period. As soon as the report is filed, if the assessor is satisfied with the accuracy of the report, or if dissatisfied, as soon as the assessor shall have determined the amount of timber or forest crop cut as herein provided, the assessor shall determine the full current stumpage rates for the timber or forest crop cut and shall thereupon compute, and there shall become due and payable from the owner, a yield tax equal to twelve and one-half percent of the market value of the timber or forest crop so cut, based upon the full current stumpage rates so fixed by the assessor: PROVIDED, Whenever within the period of twelve years following the classification of any lands as reforestation lands, any forest material shall be cut on such lands, the owner thereof shall be required to pay a yield tax of one percent for each year that has expired from the date of such classification until such cutting: PROVIDED, FURTHER, That no yield tax need be paid on any forest material cut for domestic use of the owner of such lands, or on materials necessarily used in harvesting the forest crop.
Whenever
the owner is dissatisfied with the determination of the amount cut as made by
the assessor, or with the full current stumpage rates as fixed by the assessor,
and shall pay the tax based thereon under protest, such owner may maintain an
action in the superior court of the county in which the lands are located for
recovery of the amount of the tax paid in excess of what the owner alleges the
tax would be if based upon a cutting or stumpage rate which the owner alleges
to be correct. In any such action the county involved and the county assessor
of the county, shall be joined as parties defendant, but in case a recovery is
allowed, judgment shall be entered against the county only, to be charged
against the funds to which the collected tax was paid. In such action the court
shall determine, in accordance with the issues, the true and correct amount of
timber and forest crop which has been cut, and if an issue in the case, the
true and correct full current stumpage rates, and shall enter judgment
accordingly, either dismissing the action, or allowing recovery based upon its
determination of the amount of timber or forest crop cut and if in issue, the
full current stumpage rate. The judgment of the superior court shall be
subject to ((appeal to the supreme court or the court of appeals)) appellate
review in the same manner and by the same procedure as appeals are taken
and perfected in civil actions at law.
Sec. 135. Section 84.64.120, chapter 15, Laws of 1961 as amended by section 154, chapter 81, Laws of 1971 and RCW 84.64.120 are each amended to read as follows:
((Appeals
from)) Appellate review of the judgment of the superior court
may be ((taken to the supreme court or the court of appeals at any time))
sought as in other civil cases. However, review must be sought within
thirty days after the ((rendition of said)) entry of the judgment
((by giving notice thereof orally in open court at the time of the rendition
of the judgment, or by giving written notice thereof at any time thereafter,
and within thirty days from the date of the rendition of such judgment,))
and the party taking such appeal shall execute, serve and file a bond payable
to the state of Washington, with two or more sureties, to be approved by the
court, in an amount to be fixed by the court, conditioned that the appellant
shall prosecute his said appeal with effect, and will pay the amount of any
taxes, interest and costs which may be finally adjudged against the real
property involved in the appeal by any court having jurisdiction of the cause,
which bond shall be so served and filed at the time of the service of said
notice of appeal, and the respondent may, within five days after the service of
such bond, object to the sureties thereon, or to the form and substance of such
bond, in the court in which the action is pending, and if, upon hearing of
such objections to said bond, it is determined by the court that the sureties
thereon are insufficient for any reason, or that the bond is defective for any
other reason, the court shall direct a new bond to be executed with sureties
thereon, to be justified as provided by law, but no appeal shall be allowed
from any judgment for the sale of land or lot for taxes, and no bond given on
appeal as herein provided shall operate as a supersedeas, unless the party
taking such appeal shall before the time of giving notice of such appeal, and
within thirty days herein allowed within which to appeal, deposit with the
county treasurer of the county in which the land or lots are situated, an
amount of money equal to the amount of the judgment and costs rendered in such
cause by the trial court. If, in case of an appeal, the judgment of the lower
court shall be affirmed, in whole or in part, the supreme court or the court of
appeals shall enter judgment for the amount of taxes, interest and costs, with
damages not to exceed twenty percent, and shall order that the amount deposited
with the treasurer as aforesaid, or so much thereof as may be necessary, be
credited upon the judgment so rendered, and execution shall issue for the
balance of said judgment, damages and costs. The clerk of the supreme court or
the clerk of the division of the court of appeals in which the appeal is
pending shall transmit to the county treasurer of the county in which the land
or lots are situated a certified copy of the order of affirmance, and it shall
be the duty of such county treasurer upon receiving the same to apply so much
of the amount deposited with him, as aforesaid, as shall be necessary to
satisfy the amount of the judgment of the supreme court, and to account for the
same as collected taxes. If the judgment of the superior court shall be
reversed and the cause remanded for a rehearing, and if, upon a rehearing,
judgment shall be rendered for the sale of the land or lots for taxes, or any
part thereof, and such judgment be not appealed from, as herein provided, the
clerk of such superior court shall certify to the county treasurer the amount
of such judgment, and thereupon it shall be the duty of the county treasurer to
certify to the county clerk the amount deposited with him, as aforesaid, and
the county clerk shall credit such judgment with the amount of such deposit, or
so much thereof as will satisfy the judgment, and the county treasurer shall be
chargeable and accountable for the amount so credited as collected taxes.
Nothing herein shall be construed as requiring an additional deposit in case of
more than one appeal being prosecuted in said proceeding. If, upon a final
hearing, judgment shall be refused for the sale of the land or lots for the
taxes, penalties, interest and costs, or any part thereof, in said proceedings,
the county treasurer shall pay over to the party who shall have made such
deposit, or his legally authorized agent or representative, the amount of the
deposit, or so much thereof as shall remain after the satisfaction of the
judgment against the land or lots in respect to which such deposit shall have been
made.
Sec. 136. Section 84.64.400, chapter 15, Laws of 1961 as amended by section 155, chapter 81, Laws of 1971 and RCW 84.64.400 are each amended to read as follows:
Any person
aggrieved by the judgment rendered in such action ((shall have the right to
appeal from)) may seek appellate review of the part of said judgment
objectionable to him ((to the supreme court or the court of appeals of the
state substantially)) in the manner and within the time prescribed for
appeals in RCW 84.64.120.
Sec. 137. Section 10, chapter 153, Laws of 1915 as amended by section 156, chapter 81, Laws of 1971 and RCW 85.05.079 are each amended to read as follows:
Either the
dike commissioners or any landowner who has appealed to the superior court in
accordance with the provisions of this act ((shall have a right to appeal to
the supreme court or the court of appeals)) may seek appellate review
within the time and in the manner prescribed by existing law.
Sec. 138. Section 6, chapter 342, Laws of 1955 as amended by section 158, chapter 81, Laws of 1971 and RCW 85.05.470 are each amended to read as follows:
Any
protestant who filed a protest prior to the final order of the board, may
appeal from such final order, but to do so must within ten days from the date
said order was entered, bring direct action in the superior court in the county
wherein such district or portion thereof is situated, against such board of
commissioners in their official capacity, which action shall be prosecuted
under the procedure of civil actions, with ((right of appeal to the supreme
court or the court of appeals)) appellate review as provided in
civil actions. In any such action so brought, the order of the board shall be
conclusive of the regularity and propriety of the proceedings, and all other
matters, except it shall be open to attack upon the ground of fraud, unfair
dealing, arbitrary or unreasonable action of the board.
Sec. 139. Section 9, chapter 67, Laws of 1903 and RCW 85.06.630 are each amended to read as follows:
From any
final order entered by the said superior court as above provided for, any party
to said proceeding feeling himself aggrieved thereby may ((take an appeal to
the supreme court of the state of Washington)) seek appellate review,
as provided by the general appeal law of this state.
Sec. 140. Section 3, chapter 170, Laws of 1935 as amended by section 160, chapter 81, Laws of 1971 and RCW 85.06.660 are each amended to read as follows:
Whenever the board of commissioners of any district desire to exercise any of the foregoing powers under this act, it shall pass a resolution declaring its intention to do so, which shall describe in general terms the proposed improvement to be undertaken. The resolution shall set a date upon which the board shall meet to determine whether such work shall be done. Thereafter a copy of such declaratory resolution and a notice of hearing shall be posted by the secretary or member of the board, in three public places in such district at least ten days before the date of hearing. The notice shall state the time and place of hearing and that plans therefor are on file with the secretary of the board subject to inspection by any party interested.
Any
property owner affected by such proposed improvement, or any property owner
within such district, may appear at said hearing and object to said proposed
improvement by filing a written protest against the proposed action of the
board. The protest shall clearly state the basis thereof. At such hearing,
which shall be public, the board shall give full consideration to the proposed
project and all protests filed, and on said date or any adjourned date, take
final action thereon. If protests be filed before said hearing by owners of
more than forty percent of the property in said district, the board shall not
have power to make the proposed improvement nor again initiate the same for one
year. If the board determines to proceed with such project in its original or
modified form, it shall thereupon adopt a resolution so declaring and adopt
general plans therefor, which resolution may authorize the acquisition by
condemnation, or otherwise, of the necessary rights and properties to complete
the same. Any protestant who filed a written protest prior to said hearing may
appeal from the order of the board, but to do so must, within ten days from the
date of entering of such order, bring direct action in the superior court of
the state of Washington in the county wherein such district is situated,
against such board of directors in their official capacity, which action shall
be prosecuted under the procedure for civil actions, with the right of ((appeal
to the supreme court or the court of appeals)) appellate review, as
provided in other civil actions. In any action so brought, the order of
the board shall be conclusive of the regularity and propriety of the proceedings
and all other matters except it shall be open to attack upon the ground of
fraud, unfair dealing, arbitrary, or unreasonable action of the board.
Sec. 141. Section 5, chapter 187, Laws of 1921 as amended by section 161, chapter 81, Laws of 1971 and RCW 85.06.750 are each amended to read as follows:
Upon the
return of the verdict of the jury as provided in the preceding section, if it
shall appear to the court that the total benefits found by the jury to have
accrued to the lands of the district is equal to or exceeds the actual cost of
the improvement including the increased cost of completing the same, the court
shall enter its judgment in accordance therewith, as supplemental to and in
lieu of the original decree fixing the benefits to the respective tracts of
land, and thereafter the assessment and levy for the original cost of the
construction of the improvement, including the indebtedness incurred for
completing the improvement together with interest at the legal rate on the
warrants issued therefor, and all assessments and levies if any, for the future
maintenance of the drainage system described in the judgment shall be based
upon the respective benefits determined and assessed against the respective
tracts of land as specified in the judgment. Every person or corporation
feeling himself or itself aggrieved by any such judgment may ((appeal
therefrom to the supreme court or the court of appeals)) seek appellate
review within thirty days after the entry thereof, and such ((appeal))
review shall bring before the ((supreme court or the court of appeals))
appellate court the propriety and justness of the verdict of the jury in
respect to the parties to the ((appeal)) proceeding.
Sec. 142. Section 1, chapter 157, Laws of 1921 as amended by section 162, chapter 81, Laws of 1971 and RCW 85.08.440 are each amended to read as follows:
The
decision of the board of county commissioners upon any objections made within
the time and in the manner prescribed in RCW 85.08.400 through 85.08.430, may
be reviewed by the superior court upon an appeal thereto taken in the following
manner. Such appeal shall be made by filing written notice of appeal with the
clerk of such board and with the clerk of the superior court of the county in
which such drainage or diking improvement district is situated, or in case of
joint drainage or diking improvement districts with the clerk of the court of
the county in which the greater length of such drainage or diking improvement
system lies, within ten days after the order confirming such assessment roll
shall have become effective, and such notice shall describe the property and
set forth the objections of such appellant to such assessment; and, within ten
days from the filing of such notice of appeal with the clerk of the superior
court, the appellant shall file with the clerk of said court a transcript
consisting of the assessment roll and his objections thereto, together with the
order confirming such assessment roll, and the record of the board of county
commissioners with reference to said assessment, which transcript, upon payment
of the necessary fees therefor, shall be furnished by such clerk of the board
of county commissioners, and by him certified to contain full, true and correct
copies of all matters and proceedings required to be included in such
transcript. Such fees shall be the same as the fees payable to the county
clerk for the preparation and certification of transcripts on appeal to the
supreme court or the court of appeals in civil actions. At the time of the
filing of the notice of appeal with the clerk of the superior court, the
appellant shall execute and file with the clerk of the superior court a sufficient
bond in the penal sum of two hundred dollars, with good and sufficient surety,
to be approved by the judge of said court, conditioned to prosecute such appeal
without delay, and if unsuccessful, to pay all costs to which the county or the
drainage or diking improvement district is put by reason of such appeal. The
court may order the appellant upon application therefor, to execute and file
such additional bond or bonds as the necessity of the case may require; within
three days after such transcript is filed in the superior court as aforesaid,
the appellant shall give written notice to the prosecuting attorney of the
county, and to the clerk of the board of county commissioners that such
transcript is filed. Said notice shall state a time (not less than three days
from the service thereof) when the appellant will call up the said cause for
hearing; and the superior court of said county shall, at said time or at such
further time as may be fixed by order of the court, hear and determine such
appeal without a jury. The judgment of the court shall confirm, correct,
modify or annul the assessment insofar as the same affects the property of the
appellant. A certified copy of the decision of the court shall be filed with
the officer who shall have custody of the assessment roll, and he shall modify
and correct such assessment roll in accordance with such decision. ((An
appeal shall lie to the supreme court or the court of appeals from)) Appellate
review of the judgment of the superior court may be sought as in
other civil cases((: PROVIDED, HOWEVER, That such appeal must be
taken)). However, the review must be sought within fifteen days
after the date of the entry of the judgment of such superior court((; and
the record and opening brief of the appellant in said cause shall be filed in
the supreme court or the court of appeals within sixty days after the appeal
shall have been taken by notice as provided in this chapter. The time for
filing such record and serving and filing of briefs in this section prescribed
may be extended by order of the superior court, or by stipulation of the
parties concerned. And the supreme court or the court of appeals, on such
appeal, may correct, change, modify, confirm or annul the assessment insofar as
the same affects the property of the appellant)). A certified copy of the
order of the supreme court or the court of appeals upon such appeal shall be
filed with the officer having custody of such assessment roll, who shall
thereupon modify and correct such assessment roll in accordance with such
decision.
Sec. 143. Section 14, chapter 184, Laws of 1967 as amended by section 163, chapter 81, Laws of 1971 and RCW 85.15.130 are each amended to read as follows:
((An
appeal shall lie to the supreme court or the court of appeals from the superior
court)) Appellate review may be sought as in other civil cases:
PROVIDED, That ((such appeal must be taken)) review must be sought
within fifteen days after the date of entry of the judgment of the superior
court. The supreme court or the court of appeals may change, conform, correct,
or modify the values of the property in question as shown upon the roll. A
certified copy of any judgment of the supreme court or the court of appeals
shall be filed with the county treasurer having custody of such roll, who shall
thereupon change, modify, or correct such roll in accordance with such judgment
as and if required.
Sec. 144. Section 14, chapter 26, Laws of 1949 as amended by section 164, chapter 81, Laws of 1971 and RCW 85.16.190 are each amended to read as follows:
The
decision of the board upon any objections to the determination of benefits
and/or apportionment of costs and/or the levy of the assessments therefor, made
within the time and in the manner prescribed in RCW 85.16.130, may be reviewed
by ((appeal to)) the superior court of the county in which the district
is situated and thereafter ((to)) by the supreme court or the
court of appeals within the time and in the manner and upon the conditions, so
far as applicable, provided in RCW 85.08.440, with respect to appeals from and
appellate review of the board's apportionment of the cost of construction
of the district's system of improvements. The provisions of RCW 85.08.450,
shall be controlling as to the regularity, validity, and conclusiveness of all
the proceedings hereunder.
Sec. 145. Section 16, chapter 26, Laws of 1949 as amended by section 165, chapter 81, Laws of 1971 and RCW 85.16.210 are each amended to read as follows:
At such
hearing, which may be adjourned from time to time as may be necessary to give
all persons interested or affected a reasonable opportunity to be heard, and
after consideration of all evidence offered and all factors, situations and
conditions bearing upon or determinative of the benefits accruing and to accrue
to such pieces or parcels of property, the board shall correct, revise, raise,
lower, or otherwise change or confirm the benefits as theretofore determined,
in respect of such pieces or parcels of property, as to it shall seem fair,
just and equitable under the circumstances, and thereafter such proceedings
shall be had with respect to the confirmation or determination of the benefits
and making and filing of a roll thereof, as are in RCW 85.16.130, 85.16.150 and
85.16.160 provided. Any property owner affected by any change thus made in the
determination of benefits accruing to his property who shall have appeared at
the hearing by the board and made written objections thereto as provided in RCW
85.16.130, may appeal from the action of the board to the superior court and ((thence
to)) seek appellate review by the supreme court or the court of
appeals, within the time, in the manner and upon the conditions, so far as
applicable, provided in RCW 85.08.440, with respect to appeals from the order
of the board confirming the apportionment of the original cost of construction.
Sec. 146. Section 15, chapter 45, Laws of 1951 as amended by section 166, chapter 81, Laws of 1971 and RCW 85.18.140 are each amended to read as follows:
((An
appeal shall lie to the supreme court or the court of appeals from the superior
court)) Appellate review may be sought as in other civil cases:
PROVIDED, HOWEVER, That ((such appeal must be taken)) review must be
sought within fifteen days after the date of entry of the judgment of the
superior court. The supreme court or the court of appeals, on such appeal, may
change, confirm, correct or modify the values of the property in question as
shown upon the roll. A certified copy of any judgment of the supreme court or
the court of appeals shall be filed with the county auditor having custody of
such roll, who shall thereupon change, modify, or correct such roll in
accordance with such decision if required.
Sec. 147. Section 6, chapter 225, Laws of 1909 as amended by section 167, chapter 81, Laws of 1971 and RCW 85.24.130 are each amended to read as follows:
Any person
interested in any real estate affected by said assessment may, within the time
fixed, appear and file objections. As to all parcels, lots or blocks as to
which no objections are filed, within the time as aforesaid, the assessment
thereon shall be confirmed and shall be final. On the hearing, each person may
offer proof, and proof may also be offered on behalf of the assessment, and the
board shall affirm, modify, change and determine the assessment, in such sum as
to the board appears just and right. The commissioners may increase the
assessment during such hearing upon any particular tract by mailing notice to
the owner at his last known address, to be and appear within a time not less
than ten days after the date of the notice, to show cause why his assessment
should not be increased. When the assessment is finally equalized and fixed by
the board, the secretary thereof shall certify the same to the county treasurer
of each county in which the lands are situated, for collection; or if appeal
has been taken from any part thereof, then so much thereof as has not been
appealed from shall be certified. In case any owner of property appeals to the
superior court in relation to the assessment or other matter when the amount of
the assessment is determined by the court finally, either upon determination of
the superior court, or ((appeal to)) review by the supreme court
or the court of appeals, then the assessment as finally fixed and determined by
the court shall be certified by the clerk of the proper court to the county
treasurer of the county in which the lands are situated and shall be spread
upon and become a part of the assessment roll hereinbefore referred to.
Sec. 148. Section 7, chapter 225, Laws of 1909 as amended by section 168, chapter 81, Laws of 1971 and RCW 85.24.140 are each amended to read as follows:
Any person who feels aggrieved by the final assessment made against any lot, block or parcel of land owned by him, may appeal therefrom to the superior court of the county in which the land is situated. Such appeal shall be taken within the time and substantially in the manner prescribed by the laws of this state for appeals from justices' courts. All notice of appeal shall be filed with the said board, and shall be served upon the prosecuting attorney of the county in which the action is brought. The secretary of the board shall, at appellant's expense, certify to the superior court so much of the record as appellant may request, and the cause shall be tried in the superior court de novo.
Any person
((desiring to appeal from)) aggrieved by any final order or
judgment made by the superior court concerning any assessment authorized by
this chapter, may ((appeal therefrom to the supreme court or the court of
appeals, in accordance with the laws of this state relative to appeals, except
that all such appeals shall be taken within thirty days after the entry of such
judgment)) seek appellate review of the order or judgment as in other
civil cases.
Sec. 149. Section 21, chapter 131, Laws of 1961 as amended by section 169, chapter 81, Laws of 1971 and RCW 85.32.200 are each amended to read as follows:
((An
appeal shall lie to the supreme court or the court of appeals from the superior
court)) Appellate review may be sought as in other civil cases:
PROVIDED, That such ((appeal must be taken)) review must be sought
within fifteen days after the date of entry of the judgment of the superior
court. The supreme court or the court of appeals on such ((appeal)) review
may change, confirm, correct or modify the values of the property in question
as shown upon the roll. A certified copy of any judgment of the supreme court
or the court of appeals shall be filed with the county auditor having custody
of such roll, who shall thereupon change, modify, or correct such roll in
accordance with such decision, if required.
Sec. 150. Section 8, chapter 194, Laws of 1933 as amended by section 170, chapter 81, Laws of 1971 and RCW 87.03.410 are each amended to read as follows:
Any person
aggrieved by the judgment rendered in such action ((shall have the right to
appeal from)) may seek appellate review of the part of said judgment
objectionable to him ((to the supreme court or the court of appeals of the
state in the manner and within the time prescribed for appeals)) as
in civil actions generally.
Sec. 151. Section 3, chapter 138, Laws of 1925 ex. sess. as amended by section 171, chapter 81, Laws of 1971 and RCW 87.03.760 are each amended to read as follows:
At the
conclusion, or final adjournment, of the hearing provided for in RCW 87.03.755,
the board of directors of the district shall have the power, by unanimous
resolution to adopt the proposed plan, or such modification thereof as may be
determined by the board, and reduce the boundaries of the district to such area
as, in the judgment of the board, can be furnished with sufficient water for
successful irrigation by the irrigation system of the district, and to exclude
from the district all lands lying outside of such reduced boundaries, and
provide for the repayment to the owners of any such excluded lands,
respectively, of any sums paid for assessments levied by the district, and to
cancel all unpaid assessments levied by the district against the lands excluded
and release such lands from further liability therefor. Any person interested
and feeling himself aggrieved by the adoption of such final resolution reducing
the boundaries of the district and excluding lands therefrom, shall have a
right of appeal from the action of the board to the superior court of the
county in which the district is situated, which appeal may be taken in the
manner provided by law for appeals from justices' courts, and if upon the
hearing of such appeal it shall be determined by the court that the irrigation
system of the district will not furnish sufficient water for the successful
irrigation of the lands included within the reduced boundaries of the district,
or that any lands have been excluded from the district unnecessarily,
arbitrarily, capriciously or fraudulently or without substantial reason for
such exclusion, the court shall enter a decree canceling and setting aside the
proceedings of the board of directors, otherwise the court shall enter a decree
confirming the action of the board. Any party to the proceedings on appeal in
the superior court, feeling himself aggrieved by the decree of the superior
court confirming the action of the board of directors of the district reducing
the boundaries of the district and excluding lands therefrom, ((shall have
the right of appeal therefrom to the supreme court or the court of appeals of
the state of Washington)) may seek appellate review within thirty
days after the entry of the decree of the superior court in the manner provided
by law. If, at the expiration of thirty days from the entry of the final
resolution of the board of directors of the district reducing the boundaries of
the district and excluding lands therefrom, no appeal has been taken to the
superior court of the county in which the district is situated, or if, after
hearing upon appeal the superior court shall confirm the action of the
district, and at the expiration of thirty days from the entry of such decree,
no ((appeal has been taken to the supreme court or the court of appeals))
appellate review is sought, the boundaries of the district shall
thereafter be in accordance with the resolution of the board reducing the
boundaries, and all lands excluded from the district by such resolution shall
be relieved from all further liability for any indebtedness of the district or
any unpaid assessments theretofore levied against such lands, and the owners of
excluded lands, upon which assessments have been paid, shall be entitled to
warrants of the district for all sums paid by reason of such assessments,
payable from a special fund created for that purpose, for which levies shall be
made upon the lands remaining in the district, as the board of directors may
provide.
Sec. 152. Section 4, chapter 138, Laws of 1925 ex. sess. as amended by section 172, chapter 81, Laws of 1971 and RCW 87.03.765 are each amended to read as follows:
Whenever it
shall appear, to the satisfaction of the director of ecology, that the
irrigation system of any irrigation district, to which the department of
ecology of the state of Washington under a contract with the district for the
purchase of its bonds, has advanced funds for the purpose of constructing an
irrigation system for the district, has been found incapable of furnishing
sufficient water for the successful irrigation of all of the lands of such
district, and that the board of directors of such district has reduced the
boundaries thereof and excluded from the district, as provided in RCW 87.03.750
through 87.03.760, sufficient lands to render such irrigation system adequate
for the successful irrigation of the lands of the district, and that more than
thirty days have elapsed since the adoption of the resolution by the board of
directors reducing the boundaries of the district and excluding lands
therefrom, and no appeal has been taken from the action of the board, or that
the action of the board has been confirmed by the superior court of the county
in which the district is situated and no appeal has been taken to the supreme
court or the court of appeals, or that upon ((appeal to)) review by
the supreme court or the court of appeals the action of the board of directors
of the district has been confirmed, the director of ecology shall be and he is
hereby authorized to cancel and reduce the obligation of the district to the
department of ecology, for the repayment of moneys advanced for the
construction of an irrigation system for the district, to such amount as, in
his judgment, the district will be able to pay from revenues derived from
assessments upon the remaining lands of the district, and to accept, in payment
of the balance of the obligation of the district, the authorized bonds of the
district, in numerical order beginning with the lowest number, on the basis of
the percentage of the face value thereof fixed in contracts between the
district and the department of ecology, in an amount equal to said balance of
the obligation of the district, in full and complete satisfaction of all claims
of the department of ecology against the district.
Sec. 153. Section 11, chapter 120, Laws of 1929 as amended by section 173, chapter 81, Laws of 1971 and RCW 87.22.090 are each amended to read as follows:
((Appeal
may be taken to the supreme court or the court of appeals from)) Appellate
review of the judgment entered in said proceedings may be sought in
the same manner as in other cases in equity. ((Notice of appeal need be
served only on the persons who have appeared in said proceedings and on the
president of the board of directors if the district is respondent, or on their
respective attorneys of record in the proceedings.))
Sec. 154. Section 29, chapter 124, Laws of 1925 ex. sess. as amended by section 174, chapter 81, Laws of 1971 and RCW 87.56.225 are each amended to read as follows:
Any
interested person feeling aggrieved at the judgment of the superior court
dismissing the proceedings or determining the indebtedness of the district and
the status and priority thereof and determining the plan of liquidation, may ((appeal
from)) seek appellate review of such judgment ((to the supreme
court or the court of appeals)) in the same manner as in other cases in
equity, except that notice of appeal must be both served and filed within sixty
days from the entry thereof.
Sec. 155. Section 7, chapter 236, Laws of 1907 as amended by section 175, chapter 81, Laws of 1971 and RCW 88.32.090 are each amended to read as follows:
Any person who feels aggrieved by the final assessment made against any lot, block or parcel of land owned by him may appeal therefrom to the superior court of such county. Such appeal shall be taken within the time, and substantially in the manner prescribed by the laws of this state for appeals from justice's courts. All notices of appeal shall be filed with the board of county commissioners, and served upon the prosecuting attorney of the county. The clerk of the board of county commissioners shall at appellant's expense certify to the superior court so much of the record, as appellant may request, and the cause shall be tried in the superior court de novo.
Any person
((desiring to appeal from)) aggrieved by any final order or
judgment, made by the superior court concerning any assessment authorized by
RCW 88.32.010 through 88.32.220, may ((appeal therefrom to the supreme court
or the court of appeals,)) seek appellate review of the order or
judgment in accordance with the laws of this state relative to such ((appeals))
review, except that ((all such appeals shall be taken)) review
shall be sought within thirty days after the entry of such judgment.
Sec. 156. Section 23, chapter 117, Laws of 1917 as amended by section 176, chapter 81, Laws of 1971 and RCW 90.03.200 are each amended to read as follows:
Upon the
filing of the evidence and the report of the supervisor of water resources, any
interested party may, on or before five days prior to the date of said hearing,
file exceptions to such report in writing and such exception shall set forth
the grounds therefor and a copy thereof shall be served personally or by
registered mail upon all parties who have appeared in the proceeding. If no
exceptions be filed, the court shall enter a decree determining the rights of
the parties according to the evidence and the report of the supervisor, whether
such parties have appeared therein or not. If exceptions are filed the action
shall proceed as in case of reference of a suit in equity and the court may in
its discretion take further evidence or, if necessary, remand the case for such
further evidence to be taken by the supervisor, and may require further report
by him. Costs, not including taxable attorneys fees, may be allowed or not; if
allowed, may be apportioned among the parties in the discretion of the court. ((Appeal
may be taken to the supreme court or the court of appeals from such)) Appellate
review of the decree in the same manner as in other cases in equity, except
that ((notice of appeal must be both served and filed)) review must
be sought within sixty days from the entry thereof.
Sec. 157. Section 1, chapter 103, Laws of 1921 and RCW 90.03.210 are each amended to read as follows:
During the
pendency of such adjudication proceedings prior to judgment or upon ((appeal
to the supreme court of the state or other)) review by an appellate
court, the stream or other water involved shall be regulated or partially
regulated according to the schedule of rights specified in said supervisor of
water resources' report upon an order of the court authorizing such
regulation: PROVIDED, Any interested party may file a bond and obtain an order
staying the regulation of said stream as to him, in the same manner as provided
in RCW 90.03.080, in which case the court shall make such order regarding the
regulation of the stream or other water as he may deem just.
Sec. 158. Section 8, chapter 107, Laws of 1939 as amended by section 177, chapter 81, Laws of 1971 and RCW 90.24.070 are each amended to read as follows:
Any person
aggrieved by the order of judgment of the superior court may ((appeal to the
supreme court or the court of appeals)) seek appellate review in the
same manner as in other civil actions.
Sec. 159. Section 23, chapter 23, Laws of 1911 as amended by section 180, chapter 81, Laws of 1971 and RCW 91.08.250 are each amended to read as follows:
Any final
judgment rendered by said court upon the findings of the court or a jury, shall
be the lawful and sufficient condemnation of the land or property to be taken,
or of the right to damage the same in the manner proposed, upon the payment of
the amount of such findings and all costs which shall be taxed as in other
civil cases: PROVIDED, That in case any defendant recovers no award, no costs
shall be taxed. Such judgment shall be final and conclusive as to the damages
caused by such improvement, unless ((appealed from)) appellate review
is sought, and no ((appeal from the same)) review shall delay
proceedings under the order of said board if it shall pay into court for the
owners and parties interested, as directed by the court, the amount of the
judgment and costs; but such board after making such payment into court shall
be liable to such owner or owners, or parties interested, for the payment of
any further compensation which may at any time be finally awarded to such
parties ((so appealing)) seeking review in said proceeding, and
his or her costs, and shall pay the same on the rendition of judgment therefor
and abide any rule or order of the court in relation to the matter in
controversy. In case of ((an appeal to)) review by the supreme
court or the court of appeals of the state ((by any party to the proceedings)),
the money so paid into the superior court by the board, as aforesaid, shall
remain in the custody of said superior court until the final determination of
the proceedings. If the owner of the land, real estate, premises, or other
property, accepts the sum awarded by the jury or the court, he shall be deemed
thereby to have waived conclusively ((an appeal to the supreme court or the
court of appeals)) appellate review and final judgment may be
rendered in the superior court as in other cases.
Sec. 160. Section 58, chapter 23, Laws of 1911 as amended by section 181, chapter 81, Laws of 1971 and RCW 91.08.580 are each amended to read as follows:
((Every
defendant feeling)) Any person aggrieved by any condemnation
judgment for compensation or damages, or by any judgment confirming an
assessment upon land for benefits under this chapter, may ((appeal to the
supreme court or the court of appeals of the state from such)) seek
appellate review of the judgment((s within thirty days after the entry
thereof. An appeal from a condemnation judgment may bring before the supreme
court or the court of appeals either the legality of the proceeding as a taking
for a public use, or the justness of the amount of compensation or damages
awarded to the appellant; but an appeal from a judgment confirming an
assessment of benefits shall bring before the supreme court or the court of
appeals only the justness of the assessment against the property of the appellant.
Two or more defendants may join in an appeal. The bill of exceptions or
statement of facts upon such appeals shall contain only such portions of the
evidence in the case as relates to the property of the appellants. Otherwise
than as provided in this section such appeals shall be taken as provided by law
in appeals from final judgments in actions at law)) as in other civil
cases.
NEW SECTION. Sec. 161. The following acts or parts of acts are each repealed:
(1) Section 4, chapter 24, Laws of 1909 and RCW 2.04.160;
(2) Section 5, chapter 24, Laws of 1909 and RCW 2.04.170;
(3) Section 29, chapter 61, Laws of 1893, section 1, chapter 86, Laws of 1941, section 3, chapter 107, Laws of 1971 ex. sess., section 4, chapter 331, Laws of 1981 and RCW 4.88.260; and
(4) Section 13, chapter 117, Laws of 1973 1st ex. sess. and RCW 10.77.130.
PART IV
!af98,500
NEW SECTION. Sec. 162. A committee is created to study the current system in Washington for providing representation to persons accused of crimes who could not otherwise afford counsel.
NEW SECTION. Sec. 163. The committee created under section 501 of this act shall consist of the following members:
(1) One member appointed by the association of Washington cities;
(2) One member appointed by the Washington association of counties;
(3) One member appointed by the Seattle-King county public defender;
(4) One member appointed by Evergreen legal services;
(5) One member appointed by the Washington appellate defender association;
(6) Two members appointed by the Washington association of prosecuting attorneys;
(7) One member appointed by the office of the governor;
(8) One retired judge designated by the chief justice of the supreme court; and
(9) One member, appointed by the Washington defender association, who is a public defender in a county of the third class or smaller.
NEW SECTION. Sec. 164. (1) The committee created under section 501 of this act shall prepare a report on the current system for providing representation to persons accused of crime who could not otherwise afford counsel. The report shall include statistical data, case studies, and other pertinent information regarding the quality and cost of representation, at both the trial and appellate level, by appointed counsel of persons accused of crime. In its report, the committee shall make recommendations for a state-wide plan to provide legal services to persons accused of crime who would not otherwise be able to afford representation. This plan shall include the provision of services at both the trial and appellate level. Consideration shall be given to whether participation in the program should be at the discretion of local governmental entities. The report shall also include, but need not be limited to:
(a) Recommendations for a manner of financing the program;
(b) Standards and guidelines for determining who should be eligible to receive legal services under the program;
(c) Recommendations for a plan to provide counsel when a conflict of interest would prevent representation by attorneys in the program;
(d) Standards and guidelines for determining maximum and minimum caseloads for attorneys in the program;
(e) Recommendations for a plan to train and supervise attorneys in the program; and
(f) Recommendations for procedures to recoup either a portion or all of the costs from persons served under the program who can afford such costs.
(2) The judiciary committees of the senate and house of representatives shall provide staff support to the committee.
(3) The committee shall submit its report to the judiciary committees of the senate and house of representatives by January 1, 1987.
NEW SECTION. Sec. 165. Members of the committee created by section 501 of this act shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
PART V
!af98,600
NEW SECTION. Sec. 166. (1) Sections 102 and 501 through 504 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
(2) Unless otherwise provided, the remainder of this act shall take effect on July 1, 1986.
NEW SECTION. Sec. 167. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.