SENATE BILL REPORT

SB 5279

BYSenators Halsan, Newhouse, Nelson, Vognild, Bottiger and Moore

Revising various provisions affecting superior courts.

Senate Committee on Judiciary

Senate Hearing Date(s):February 5, 1987; February 6, 1987

Majority Report:  That Substitute Senate Bill No. 5279 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Lidia Mori (786-7461)

                  February 9, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, FEBRUARY 6, 1987

BACKGROUND:

The statutes of RCW 10.46.190 and RCW 10.01.160 conflict in that the former statute requires a superior court clerk to collect a jury fee from a defendant upon conviction, but 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.

Currently, receipts produced by a personal representative for expenses in a probate action are kept in the court file until the file is destroyed by the clerk's office.  There is concern that this practice utilizes unneccessary storage space.

It is common practice for court clerks to endorse personal checks submitted as payment of child support to the payee rather than depositing the check in the clerk's trust fund.  This process avoids the necessity of cutting new checks, and decreases the amount of time a recipient must wait in order to receive the child support payment.  It is also common practice in most counties to not accept personal checks from anyone who has been cited for nonsupport by the courts, as well as from anyone who has ever had a check returned due to insufficient funds.

SUMMARY:

Superior court clerks are responsible both for drawing jurors when the court so directs and for notifying them when they have been selected.

A jury fee may be collected from a defendant upon conviction.

The receipts or cancelled checks produced by a personal representative in a probate action for expenses and charges which the personal representative has paid, will be filed and remain in court for one year following court approval of the payment of the particular expenses or charges.

Superior court clerks keep a record of the daily proceedings of the court and enter verdicts, orders, judgments and decisions.  The judge may sign the record of daily proceedings, however, this is discretionary

Superior court clerks may send checks or drafts which are payment for child support directly to the recipient or may endorse the instrument to the recipient.  The clerks are not required to deposit the funds in a separate "clerk's trust fund".

EFFECT OF PROPOSED SUBSTITUTE:

RCW 26.09.120 is amended such that when the court orders support or maintenance to be made 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 as payment for child support if one check from the payor has been returned due to insufficient funds or account closure.

Fiscal Note:      requested

Senate Committee - Testified: Jim Goche, Washington Association of County Officials; Beverly Bright, Washington Association of County Clerks; Donna Karvia, Washington Association of County Clerks