SENATE 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

Senate Committee on Law & Justice

Senate Hearing Date(s):March 13, 1989; February 20, 1990; February 23, 1990

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators Madsen, Newhouse, Niemi, Rinehart, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  February 23, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 26, 1990

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Bailey, Bauer, Bluechel, Cantu, Gaspard, Hayner, Johnson, Lee, Niemi, Owen, Williams, Wojahn.

Senate Staff:Steve Jones (786-7715)

                  February 27, 1990

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 26, 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 filing fee for initiating a civil lawsuit is increased 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.

An indigent legal assistance account is created and the revenue obtained from the $22 filing fee increase is deposited in the account.

$1,600,000 is appropriated from the indigent legal assistance account to the Department of Community Development to contract with qualified legal aid programs to provide civil representation for indigent persons.

$600,000 is appropriated from the indigent legal assistance account to the Department of Community Development to allocate to the public defender to represent indigent persons in dependency proceedings.

Appropriation:    $2,200,000

Revenue:    yes

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE LAW & JUSTICE AMENDMENT:

All fee increases remain unchanged.  Monies from the fee increases are deposited in the public safety and education account (PSEA).  $4,000,000 is appropriated for legal services organizations to represent indigent persons in civil actions, and $400,000 is appropriated for representation of indigent persons in dependency actions.  Monies are to be distributed by DCD on a proportionate basis for the benefit of all counties in the state.

SUMMARY OF PROPOSED WAYS & MEANS AMENDMENT:

The appropriations are deleted.

Senate Committee - Testified: LAW & JUSTICE:  PRO:  George Zweibel, Legal Aid Committee, WSBA; Justice William Williams; Lowell Halvorson, President-Elect, WSBA; Bruce Wieland, Sea-King Co. Bar Association; Sister Georgette Bailis, Washington State Association of Agencies on Aging; PRO/CON:  Ben Wood, Washington Collectors Association; Arnold Fox, Washington Apartment Association; Jim Goche, Association of County Officials; Gary Lowe, Washington State Association of Counties; Jim Nagle, WAPA

Senate Committee - Testified: WAYS & MEANS:  Jim Broche, Association of County Officials; Gary Lowe, Washington State Association of Counties; Ben Wood, Washington Collectors Association; George Zweibel, Legal Aid Committee, WSBA; Jim Bamburger, Spokane Legal Services; Pat Thibaudeau, Washington Women United