HOUSE BILL ANALYSIS

                  HB 1263

Title:  An act relating to district and municipal courts.

Brief Description:  Regulating process and fees of district and municipal courts.

Sponsors:  Representatives Sheahan, Constantine, McDonald and Kastama.

                    Brief Summary of Bill

CRemoves the requirement that all district and municipal court legal process must be issued under seal, and allows supreme court rules to determine when a seal is required.

CAllows district and municipal courts to charge up to $10 per hour for special services such as conducting historical records searches and compiling statistical information.

HOUSE COMMITTEE ON JUDICIARY

Staff:  Bill Perry (786-7123).

Background:

All district and municipal courts are required to have a "seal."  The design of the seal is prescribed by statute, and the seal must be stamped on "all process" issued by the court.  "Process" is undefined in the statute, but has been interpreted in practice to cover virtually any document issued by a court.  Such "process" may include not only subpoenas, summons, orders and judgments, but also receipts, traffic infraction notices sent to the Department of Licensing, and other relatively routine paperwork.  Court rules (for instance, regarding the subpoena of witnesses) and federal law (for instance, regarding legal change of a person's name) require that some documents be issued "under seal."  However, it has been questioned whether stamping seals on virtually every document issued by a court is necessary or efficient.

The statutes covering district courts, including municipal departments of district courts, and the statutes covering separate municipal courts in cities of more than 400,000 population, both contain express statements that the process issued by these courts is good statewide.  However, the statute covering separate municipal courts in cities of 400,000 or less does not explicitly say that process from those courts "runs throughout the state."

District and municipal courts are required to collect certain fees for their official services.  These fees are subject to a 32 percent split with the state Public Safety and Education Account.  Some courts have seen a recent increase in requests for conducting various kinds of records searches and compilations.  Superior court clerks are authorized to charge a fee of up to $20 per hour for such "special services."  There is currently no express provision in the district and municipal court fee statute for charging for these kinds of services.

Summary of Bill:

The requirement that all process issued by district and municipal courts be under seal is removed.  The supreme court may determine by rule when documents of the courts must be stamped with a seal.

A statement is added to the statute covering legal process issued by municipal courts in cities of 400,000 or less population indicating that such process runs throughout the state.

District and municipal courts are required to collect a fee of up to $10 per hour for performing special services such as processing ex parte orders by mail, performing historical searches, and compiling statistical reports.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

                 Office of Program Research