AN
ACT Relating to court operations; amending RCW 10.14.200, 13.04.021, 26.12.010,
26.12.060, and 36.18.016; and creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature recognizes the increasing incidence of concurrent involvement of
family members in multiple areas of the justice system. Analysis shows
significant case overlap in the case types of juvenile offender, juvenile
dependency, at-risk youth, child in need of services, truancy, domestic
violence, and domestic relations. Also recognized is the increased complexity
of the problems facing family members and the increased complexity of the laws
affecting families. It is believed that in such situations, an efficient and
effective response is through the creation of a unified court system centered
around the family that: Provides a dedicated, trained, and informed judiciary;
incorporates case management practices based on a family's judicial system
needs; enables multiple case type resolution by one judicial officer or
judicial team; provides coordinated legal and social services; and
considers and evaluates the needs of the family as a whole.
NEW
SECTION. Sec. 2. The
administrator for the courts shall conduct a unified family court pilot
program.
(1)
Pilot program sites shall be selected through a request for proposal process,
and shall be established in no more than three superior court judicial
districts.
(2)
To be eligible for consideration as a pilot project site, judicial districts
must have a statutorily authorized judicial complement of at least five judges.
(3)
The administrator for the courts shall develop criteria for the unified family
court pilot program. The pilot program shall include: (a) All case types
under Title 13 RCW, chapters 26.09, 26.10, 26.12, 26.18, 26.19, 26.20, 26.26,
26.50, 26.27, and 28A.225 RCW;
(b)
Unified family court judicial officers, who volunteer for the program, and meet
training requirements established by local court rule;
(c)
Case management practices that provide a flexible response to the diverse
court-related needs of families involved in multiple areas of the justice
system. Case management practices should result in a reduction in process
redundancies and an efficient use of time and resources, and create a system
enabling multiple case type resolution by one judicial officer or judicial
team;
(d)
A court facilitator to provide assistance to parties with matters before the
unified family court; and
(e)
An emphasis on providing nonadversarial methods of dispute resolution such as a
settlement conference, evaluative mediation by attorney mediators, and
facilitative mediation by nonattorney mediators.
(4)
The office of the administrator for the courts shall publish and disseminate a
state-approved listing of definitions of nonadversarial methods of dispute
resolution so that court officials, practitioners, and users can choose the
most appropriate process for the matter at hand.
(5)
The office of the administrator for the courts shall provide to the judicial
districts selected for the pilot program the computer resources needed by each
judicial district to implement the unified family court pilot program.
(6)
The office of the administrator for the courts shall conduct a study of the
pilot program measuring improvements in the judicial system's response to
family involvement in the judicial system. The administrator for the courts
shall report preliminary findings and final results of the study to the
governor, the chief justice of the supreme court, and the legislature on a
biennial basis. The initial report is due by July 1, 2000, and the final
report is due by December 1, 2004.
NEW
SECTION. Sec. 3. The
judges of the superior court judicial districts with unified family court pilot
programs shall adopt local court rules directing the program. The local court
rules shall comply with the criteria established by the administrator for the
courts and shall include:
(1)
A requirement that all judicial officers hearing cases in unified family court:
(a)
Complete an initial training program including the topic areas of childhood
development, domestic violence, cultural awareness, child abuse and neglect,
chemical dependency, and mental illness; and
(b)
Subsequent to the training in (a) of this subsection, annually attend a minimum
of eight hours of continuing education of pertinence to the unified family
court;
(2)
Case management that is based on the practice of one judge or judicial team
handling all matters relating to a family;
(3)
An emphasis on coordinating or consolidating, to the extent possible, all cases
before the unified family court relating to a family; and
(4)
Programs that provide for record confidentiality to protect the confidentiality
of court records in accordance with the law. However law enforcement agencies
shall have access to the records to the extent permissible under the law.
Sec.
4. RCW
10.14.200 and 1995 c 246 s 35 are each amended to read as follows:
Any order available under this chapter may be issued in actions
under chapter 13.32A, 26.09, 26.10, or 26.26 RCW. An order available
under this chapter that is issued under those chapters shall be fully
enforceable and shall be enforced pursuant to the provisions of this chapter.
Sec.
5. RCW
13.04.021 and 1994 sp.s. c 7 s 538 are each amended to read as follows:
(1)
The juvenile court shall be a division of the superior court. In judicial
districts having more than one judge of the superior court, the judges of such
court shall annually assign one or more of their number to the juvenile court
division. In any judicial district having a court commissioner, the court
commissioner shall have the power, authority, and jurisdiction, concurrent with
a juvenile court judge, to hear all cases under this chapter and to enter
judgment and make orders with the same power, force, and effect as any judge of
the juvenile court, subject to motion or demand by any party within ten days
from the entry of the order or judgment by the court commissioner as provided
in RCW 2.24.050. In any judicial district having a family law commissioner
appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have
the power, authority, and jurisdiction, concurrent with a juvenile court judge,
to hear cases ((under chapter 13.34 RCW or any other case)) under Title
13 RCW and chapter 28A.225 RCW as provided in RCW 26.12.010, and to
enter judgment and make orders with the same power, force, and effect as any
judge of the juvenile court, subject to motion or demand by any party within
ten days from the entry of the order or judgment by the court commissioner as provided
in RCW 2.24.050.
(2)
Cases in the juvenile court shall be tried without a jury.
Sec.
6. RCW
26.12.010 and 1994 sp.s. c 7 s 537 are each amended to read as follows:
(((1)))
Each superior court shall exercise the jurisdiction conferred by this chapter
and while sitting in the exercise of such jurisdiction shall be known and
referred to as the "family court." A family ((law)) court
proceeding under this chapter is: (1) Any proceeding under this title
or any proceeding in which the family court is requested to adjudicate or
enforce the rights of the parties or their children regarding the determination
or modification of parenting plans, child custody, visitation, or support, or
the distribution of property or obligations, or (2) concurrent with the
juvenile court, any proceeding under Title 13 or chapter 28A.225 RCW.
(((2)
Superior court judges of a county may by majority vote, grant to the family
court the power, authority, and jurisdiction, concurrent with the juvenile
court, to hear and decide cases under Title 13 RCW.))
Sec.
7. RCW
26.12.060 and 1993 c 289 s 3 are each amended to read as follows:
The
court commissioners shall: (1) Make appropriate referrals to county family
court services program if the county has a family court services program or
appoint a guardian ad litem pursuant to RCW 26.12.175; (2) order investigation
and reporting of the facts upon which to base warrants, subpoenas, orders or
directions in actions or proceedings under this chapter; (3) exercise all the
powers and perform all the duties of court commissioners; (4) make written
reports of all proceedings had which shall become a part of the record of the
family court; (5) provide supervision over the exercise of its jurisdiction as
the judge of the family court may order; (6) cause the orders and findings of
the family court to be entered in the same manner as orders and findings are
entered in cases in the superior court; (7) cause other reports to be made and
records kept as will indicate the value and extent of reconciliation,
mediation, investigation, and treatment services; and (8) conduct hearings
under ((chapter 13.34 RCW)) Title 13 and chapter 28A.225 RCW, as
provided in RCW 13.04.021.
Sec.
8. RCW
36.18.016 and 1996 c 56 s 5 are each amended to read as follows:
(1)
Revenue collected under this section is not subject to division under RCW 36.18.025
or 27.24.070.
(2)
For the filing of a petition for modification of a decree of dissolution or
paternity, within the same case as the original action, a fee of twenty dollars
must be paid.
(3)(a)
The party making a demand for a jury of six in a civil action shall pay, at the
time, a fee of ((fifty)) one hundred twenty-five dollars; if the
demand is for a jury of twelve, a fee of ((one)) two hundred fifty
dollars. If, after the party demands a jury of six and pays the required fee,
any other party to the action requests a jury of twelve, an additional ((fifty-dollar))
one hundred twenty-five dollar fee will be required of the party
demanding the increased number of jurors.
(b)
Upon conviction in criminal cases a jury demand charge of fifty dollars for
a jury of six, or one hundred dollars for a jury of twelve may be imposed
as costs under RCW 10.46.190.
(4)
For preparing, transcribing, or certifying an instrument on file or of record
in the clerk's office, with or without seal, for the first page or portion of
the first page, a fee of two dollars, and for each additional page or portion
of a page, a fee of one dollar must be charged. For authenticating or
exemplifying an instrument, a fee of one dollar for each additional seal
affixed must be charged.
(5)
For executing a certificate, with or without a seal, a fee of two dollars must
be charged.
(6)
For a garnishee defendant named in an affidavit for garnishment and for a writ
of attachment, a fee of twenty dollars must be charged.
(7)
For approving a bond, including justification on the bond, in other than civil
actions and probate proceedings, a fee of two dollars must be charged.
(8)
For the issuance of a certificate of qualification and a certified copy of
letters of administration, letters testamentary, or letters of guardianship,
there must be a fee of two dollars.
(9)
For the preparation of a passport application, the clerk may collect an
execution fee as authorized by the federal government.
(10)
For clerk's special services such as processing ex parte orders by mail,
performing historical searches, compiling statistical reports, and conducting
exceptional record searches, the clerk may collect a fee not to exceed twenty
dollars per hour or portion of an hour.
(11)
For duplicated recordings of court's proceedings there must be a fee of ten
dollars for each audio tape and twenty-five dollars for each video tape.
(12)
For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of
twenty dollars must be charged.
(13)
For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two
dollars must be charged.
(14)
For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of
five dollars must be charged.
(15)
For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A
RCW, a fee of one hundred ten dollars must be charged.
(16)
A facilitator surcharge of ten dollars must be charged as authorized under RCW
26.12.240.
(17)
For filing a water rights statement under RCW 90.03.180, a fee of twenty-five
dollars must be charged.
(18)
For filing a warrant for overpayment of state retirement systems benefits under
chapter 41.50 RCW, a fee of five dollars shall be charged pursuant to RCW
41.50.136.
(19)
A service fee of three dollars for the first page and one dollar for each
additional page must be charged for receiving faxed documents, pursuant to
Washington state rules of court, general rule 17.
(20)
For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page
must be charged.
(21)
For copies and reports produced at the local level as permitted by RCW 2.68.020
and supreme court policy, a variable fee must be charged.
(22)
Investment service charge and earnings under RCW 36.48.090 must be charged.
(23)
Costs for nonstatutory services rendered by clerk by authority of local
ordinance or policy must be charged.
(24) For filing a request for trial de novo of an arbitration
award, a fee not to exceed two hundred fifty dollars as established by
authority of local ordinance must be charged.
