HOUSE BILL REPORT

ESHB 217

BYHouse Committee on Judiciary (originally sponsored by Representatives Armstrong, Patrick, Hine, Lewis, Locke, Scott, P. King, Wang, Ferguson, Niemi, Ballard and Crane)

Revising various provisions affecting superior courts.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, P. King, Lewis, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE MARCH 10, 1987

BACKGROUND:

Statutes require superior courts and court clerks to perform administrative duties in the course of carrying out their judicial function.  Three of these statutory duties are:

(1)  overseeing the settlements of estates, including filing and maintaining documentation on the expenses paid by the personal representative.  Records of those expenses must be kept for six years;

(2)  keeping a record of the daily proceedings of the court, and entering all verdicts and other decisions after being signed by the judge; and

(3)  maintaining a trust fund for a litigant or for other purposes.  Other purposes could include child support checks required to go through the court.  This would increase recordkeeping for the court clerks and could delay the support payment if the check is not certified.

SUMMARY:

The bill makes changes to the statutory duties of the superior court (clerk).

The period of time that the clerk must keep records of expenses paid by the personal representative in the settlement of an estate is until the probate has been completed and the personal representative discharged.

Superior courts are authorized to follow local court rules regarding the recording of daily court proceedings and entering of verdicts and other decisions.  The requirement that all these decisions be signed by a judge is removed.

Finally, the bill allows a superior court clerk to send child support payments directly to the recipient rather than depositing the check in the trust fund.  The court clerk may require that support payments made to the court be certified funds or cash.  In all cases, the clerk shall require certified funds or cash from a person for five years after one of his or her checks is returned due to nonsufficient funds.

EFFECT OF SENATE AMENDMENT(S):  The administrator of the courts is required to examine the need for new superior and district court judges based on a weighted caseload analysis.  The results of the examination are to be reviewed by the board for judicial administration and the judicial council, who will then make recommendations to the legislature.  It is the legislature's intent to have a weighted caseload analysis be the basis for creating additional district court positions.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Jan Michels, Washington Association of County Clerks; Bev Bright, Cowlitz County Clerk.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The bill would clarify and legitimize practices generally done now by superior court clerks.  It would also make the court more efficient.

House Committee - Testimony Against: None Presented.

VOTE ON FINAL PASSAGE:

     Yeas 94; Nays 1; Absent 0; Excused 3

Voting Nay:     Representative Heavey

Excused:   Representatives Doty, Lewis and Madsen