SENATE BILL REPORT

                   SB 5487

              As Reported By Senate Committee On:

                 Judiciary, February 22, 1999

Title:  An act relating to jury demand and arbitration fees.

Brief Description:  Changing fees for court procedures.

Sponsors:  Senators Heavey, Long, Hargrove, Costa and Kline.

Brief History:

Committee Activity:  Judiciary:  2/10/99, 2/22/99 [DPS].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  That Substitute Senate Bill No. 5487 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Long, McCaslin and Thibaudeau.

Staff:  Dick Armstrong (786-7460)

Background:  Currently a party making a demand for a jury of six persons in a civil action in superior court must pay a fee of $50.  If the demand is for a jury of 12, the fee is set at $100.  If, after a party demands a jury of six and pays the required fee, any other party to the action requesting a jury of 12 must pay an additional fee of $50.  In a criminal action, the court has the option of imposing such fees.

At the present time no fee is collected for a request for a trial de novo of an arbitration award.

Summary of Substitute Bill:  The fee for requesting a jury of six in a civil trial in superior court is increased from $50 to $125.  If the demand is for a jury of 12, the fee is increased from $100 to $250.  If, after a party demands a jury of six and pays the required fee, any other party to the action requests a jury of 12 persons, the requesting party must pay an additional fee of $125.  The fees for requesting a jury in criminal cases are not changed from current law.

Counties are given the authority to impose a fee not to exceed $250 for filing a request for a trial de novo of an arbitration award.

Substitute Bill Compared to Original Bill:  The original bill would have increased the jury demand fees for criminal actions.  Also, the original bill did not place a maximum on the amount of the fee to request a trial de novo from an arbitration award.

Appropriation:  None.

Fiscal Note:  Requested on February 5, 1999.

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

Testimony For:  Increases in the jury demand fee are necessary to help cover the costs of handling jury trials.  The fee was last changed in 1992.  It is appropriate to authorize a fee when a party appeals an arbitration award.  Such an appeal causes the court system to incur many costs.  Operation of the mandatory arbitration program is expensive.

Testimony Against:  None.

Testified:  PRO:  Martha Herden, Superior Court Judges Assn.; Jeff Hall, Court Administrator, Benton-Franklin Co.; Mike Planet, Court Administrator, King Co.