AN ACT Relating to superior court fees; amending RCW 36.18.025; reenacting and amending RCW 36.18.020; adding new sections to chapter 36.18 RCW; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 3, chapter 56, Laws of 1987 as amended by section 201, chapter 202, Laws of 1987 and by section 3, chapter 382, Laws of 1987 and RCW 36.18.020 are each reenacted and amended to read as follows:

Clerks of superior courts shall collect the following fees for their official services:

(1) The party filing the first or initial paper in any civil action, including an action for restitution, or change of name, shall pay, at the time said paper is filed, a fee of ((~~seventy-eight~~)) one hundred dollars except in proceedings filed under RCW 26.50.030 or 49.60.227 where the petitioner shall pay a filing fee of twenty dollars.

(2) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when said paper is filed, a fee of ((~~seventy-eight~~)) one hundred dollars.

(3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing, a fee of fifteen dollars.

(4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars shall be paid.

(5) For the filing of a petition for modification of a decree of dissolution, a fee of twenty dollars shall be paid.

(6) The party filing a demand for jury of six in a civil action, shall pay, at the time of filing, a fee of ((~~twenty-five~~)) fifty dollars; if the demand is for a jury of twelve the fee shall be ((~~fifty~~)) one hundred dollars. If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional ((~~twenty-five~~)) fifty- dollar fee will be required of the party demanding the increased number of jurors.

(7) For filing any paper, not related to or a part of any proceeding, civil or criminal, or any probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law, or for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170, the clerk shall collect two dollars.

(8) For preparing, transcribing or certifying any instrument on file or of record in the clerk's office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.

(9) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.

(10) For each garnishee defendant named in an affidavit for garnishment and for each writ of attachment, a fee of five dollars shall be charged.

(11) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.

(12) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of seventy-eight dollars: PROVIDED, HOWEVER, A fee of two dollars shall be charged for filing a will only, when no probate of the will is contemplated. Except as provided for in subsection ((~~(12) [(13)]~~)) (13) of this section a fee of two dollars shall be charged for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170.

(13) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee of seventy-eight dollars.

(14) For the issuance of each certificate of qualification and each certified copy of letters of administration, letters testamentary or letters of guardianship there shall be a fee of two dollars.

(15) For the preparation of a passport application there shall be a fee of four dollars.

(16) For searching records for which a written report is issued there shall be a fee of eight dollars per hour.

(17) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of seventy dollars.

(18) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

(19) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.

NEW SECTION. Sec. 2. A new section is added to chapter 36.18 RCW to read as follows:

(1) The indigent legal assistance account is created in the state treasury. The indigent legal assistance account is subject to legislative appropriation. Of each one hundred dollar filing fee collected under RCW 36.18.020 (1) and (2), the county treasurer shall remit twenty-two dollars to the state treasurer for deposit into the account.

(2) The sum of one million six hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the indigent legal assistance account to the department of community development for the biennium ending June 30, 1991. This appropriation is furnished solely for the department to contract with qualified legal aid programs for the purpose of providing civil representation for indigent persons.

(3) The sum of six hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the indigent legal assistance account to the department of community development for the biennium ending June 30, 1991. This appropriation is furnished solely for the department to allocate to the public defender for providing representation to indigent persons in dependency proceedings under chapter 13.34 RCW.

(4) For purposes of this section, a "qualified legal aid program" means a not-for-profit corporation incorporated and operating exclusively in Washington whose primary purpose is the provision of free, direct civil representation to low-income eligible persons as defined by legal services corporation eligibility guidelines, that is governed by a board of directors composed of attorneys and consumers of legal services, and that provides for community participation in legal services programming.

Sec. 3. Section 2, chapter 20, Laws of 1972 ex. sess. as last amended by section 9, chapter 389, Laws of 1985 and RCW 36.18.025 are each amended to read as follows:

(1) Thirty-two percent of the money received from filing fees paid pursuant to RCW 36.18.020((~~, as now or hereafter amended,~~)) shall be transmitted by the county treasurer each month to the state treasurer for deposit in the public safety and education account established under RCW 43.08.250.

(2) Subsection (1) of this section does not apply to the fees collected under RCW 36.18.020 (1) and (2) that are remitted under section 2 of this act to the state treasurer for the indigent legal assistance account.

NEW SECTION. Sec. 4. A new section is added to chapter 36.18 RCW to read as follows:

The court may waive the filing fees provided for under RCW 36.18.020 (1) and (2) upon affidavit by a party that the party is unable to pay the fee due to financial hardship.