SENATE 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

Senate Committee on Judiciary

Senate Hearing Date(s):March 23, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  March 23, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 23, 1987

BACKGROUND:

The statutes RCW 10.46.190 and RCW 10.01.160 conflict:  the former statute requires a superior court clerk to collect a jury fee from a defendant upon conviction; the latter prohibits the collection of expenses involved in providing a constitutionally guaranteed jury trial.  It is suggested that compromise language allowing the collection of a jury fee from a convicted defendant, with the county bearing other jury expenses, would comport with current practice and with recent legislation which treats the jury expense as a fee, rather than a cost.

Receipts produced by a personal representative for expenses in a probate action are currently required to be kept in the court file in perpetuity.

A court may order child support or maintenance payments to be made to the clerk of the superior court as trustee for remittance to the person entitled to receive the payments.  The payments are to be deposited in a separate fund and records are to be maintained.  It is common practice for court clerks to endorse personal checks submitted as payment of child support to the payee rather than depositing them in the clerk's trust fund.  This process avoids the necessity of cutting new checks and decreases the waiting time of the recipients.

SUMMARY:

The superior court may require a convicted defendant to pay jury fees.

The receipts or cancelled checks produced by a personal representative in a probate action will be filed and remain in court until the probate has been completed and the personal representative has been discharged.

Local court rule will determine whether a judge must sign the record of the daily proceedings which is required to be maintained by the court clerk.

Superior court clerks may send child support payments directly to the recipient rather than depositing the check in a separate "clerk's trust fund."  When the court orders support or maintenance to be paid to the clerk of the court for remittance to the person entitled to receive it, the clerk may accept only cash or certified funds as payment, if local court rules so dictate.  The clerk, in all cases, shall accept only cash or certified funds for five years as payment for child support or maintenance if one check from the payor has been returned due to insufficient funds or account closure.

Fiscal Note:      none requested

Senate Committee - Testified: Jim Goche, Washington Association of County Officials