HOUSE BILL REPORT

ESHB 1237

BYHouse Committee on Judiciary (originally sponsored by Representatives Appelwick, Patrick, Crane, Moyer, Scott and Schmidt)

Changing allowable fees charged by clerks of the superior court.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Belcher, Brough, Dellwo, Hargrove, Inslee, Locke, H. Myers and Scott.

Minority Report:  Do not pass.  (9)

      Signed by Representatives Padden, Ranking Republican Member; Inslee, P. King, R. Meyers, Moyer, Patrick, Schmidt, D. Sommers and Tate.

House Staff:Steve Masciocchi (786-7377)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Judiciary as amended by Committee on Appropriations be substituted therefor and the substitute bill as amended do pass. (19)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; Appelwick, Belcher, Braddock, Brekke, Bristow, Dorn, Ebersole, Hine, May, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass. (6)

      Signed by Representatives Silver, Ranking Republican Member; Bowman, May, McLean, Nealey and Padden.

House Staff:      Nancy Stevenson (786-7136)

AS PASSED HOUSE JANUARY 15, 1990

BACKGROUND:

The county clerk in each county collects fees for services performed in superior court.  Those fees, which are set by statute, include a $78 filing fee for initiating a lawsuit.  The fee for a jury demand is currently $25 for a six person jury and $50 for a 12 person jury.

The federal legal services corporation currently funds three legal service organization which provide civil representation to indigent persons.  County public defenders represent indigent persons in dependency proceedings.

SUMMARY:

The substitute bill raises the filing fee for initiating a lawsuit from $78 to $100.  This filing fee may be waived upon affidavit by persons unable to pay due to financial hardship. The fee for a jury demand is raised from $25 to $50 for a six person jury, and from $50 to $100 for a 12 person jury.

The substitute also creates an indigent legal assistance account. This account is subject to legislative appropriation.  The revenue obtained from the $22 filing fee increase is deposited in the indigent legal assistance account.  The Department of Community Development is to distribute this money as follows: $1,600,000 for civil representation to non-profit organizations which meet legal services corporation funding guidelines; and $600,000 to public defenders for the purpose of providing representation for indigent persons in dependency proceedings.

Appropriation:    $2,200,000.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Requested March 2, 1989.

House Committee ‑ Testified For:    (Judiciary) Will Roarty and George Zweibel, Washington State Bar Legal Aid Committee; Barbara Clark, Legal Foundation of Washington; Jim Bamberger, Spokane Legal Services; Jan Michels, King County Judicial Administrator; Pat Thibaudeau, Washington Women United; Jim Goche, Washington Association of County Officials.

(Appropriations) No one.

House Committee - Testified Against:      (Judiciary) Dan Hunter and Pat Mitchell, Washington Collectors Association.

(Appropriations) No one.

House Committee - Testimony For:    (Judiciary) Many of these fees have not been raised in 20 years.

(Appropriations) None.

House Committee - Testimony Against:      (Judiciary) There is no justification for these fee increases.  These increases add costs to the victims who cannot always recover costs from a judgment debtor.

(Appropriations) None.

VOTE ON FINAL PASSAGE:

      Yeas 54; Nays 41; Excused 3.

Voting Nay: Representatives Ballard, Baugher, Beck, Betrozoff, Bowman, Brooks, Brough, Brumsickle, Chandler, Cooper, Day, Doty, Ferguson, Fuhrman, Hankins, Heavey, Holland, Horn, Inslee, Jesernig, P. King, May, McLean, Moyer,Nealey, Padden, Patrick, Prince, Rayburn, Schmidt, Smith, D. Sommers, Tate, Van Luven, Walker, S. Wilson, Winsley, Wolfe, Wood, Youngsman and Zellinsky

Excused:    Representatives Belcher, Schoon and Wang