BP BHEAD INT S [atlas:bill]

AN ACT Relating to court reform; amending RCW 2.08.070, 2.36.150, 3.30.090, 3.34.010, 3.34.020, 3.34.040, 3.46.020, 3.46.050, 3.46.063, 3.50.020, 3.50.030, 3.50.050, 3.50.055, 3.50.070, 3.50.135, 3.62.060, 12.40.010, 35.20.030, 35.20.090, 35.20.150, and 36.18.020; adding new sections to chapter 2.08 RCW; adding a new section to chapter 3.34 RCW; adding a new section to chapter 3.46 RCW; adding a new section to chapter 3.50 RCW; adding a new section to chapter 35.20 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that as cities and counties enter into the new millennium it is imperative that their local courts be given greater flexibility to allow litigants to resolve legal disputes in a timely fashion and in the most appropriate, cost-effective forum. The legislature also finds that judicial resources must be utilized in a manner that allows judges to maximize their management and legal expertise by creating a variety of judicial forums and alternative dispute resolution options that take advantage of modern principles of judicial administration. Additionally, the legislature finds that courts can alleviate court congestion and provide greater service to the public through the efficient use of technology and judicial resources.

The intent of the court reform act of 2000 is to allow the courts of this state to operate in the most effective manner possible by better organization of judicial resources and greater use of modern technology.

NEW SECTION. Sec. 2. A new section is added to chapter 2.08 RCW to read as follows:

This section shall apply in any county where the full-time elected superior, district, and municipal court judges have by majority vote agreed to implement this section. Every full-time elected district and municipal court judge holding a position created under chapter 3.34, 3.46, 3.50, or 35.20 RCW shall assume all powers, duties, and jurisdiction of a superior court judge under state law and the state Constitution while retaining all powers, duties, and jurisdiction of the judge's position of a district or municipal court judge. Such judges shall receive compensation equal to a superior court judge in the manner specified in Article IV, section 14 of the Washington state Constitution.

The election under this section is irrevocable, and at the end of the current term of office as a district or municipal court judge all full-time elected district and municipal court judicial positions shall be considered to be superior court positions and are subject to all provisions relating to superior court judges including those relating to elections and filling vacancies.

Upon making the election authorized by this section, the full-time elected judges of the county shall by majority vote (1) determine the date for implementation of this section and (2) elect a presiding judge to a term of not less than two years. Upon the effective date for implementation of this section, every district or municipal court within the county subject to this section shall cease to exist.

Sec. 3. RCW 2.08.070 and 1927 c 135 s 2 are each amended to read as follows:

The judges of the superior court elected under the provisions of RCW 2.08.060 through 2.08.065 and section 2 of this act shall hold their offices for the term of four years from and after the second Monday in January next succeeding their election, and until their successors are elected and qualified.

Judges assuming the duties of the superior court under section 2 of this act shall serve the remainder of the term to which they were elected. Upon completion of that term, an unexpired term election for the newly created superior court position shall be held. The person elected to the unexpired term shall serve until the election for the full term, which shall be held in conjunction with full-term elections for all superior court positions.

Sec. 4. RCW 2.36.150 and 1987 c 202 s 105 are each amended to read as follows:

Jurors shall receive for each day's attendance, besides mileage at the rate determined under RCW 43.03.060, the following compensation:

(1) Grand jurors may receive up to ((~~twenty-five~~)) fifty dollars but in no case less than ten dollars;

(2) Petit jurors may receive up to ((~~twenty-five~~)) fifty dollars but in no case less than ten dollars;

(3) Coroner's jurors may receive up to ((~~twenty-five~~)) fifty dollars but in no case less than ten dollars;

(4) District court jurors may receive up to ((~~twenty-five~~)) fifty dollars but in no case less than ten dollars:

PROVIDED, That a person excused from jury service at his or her own request shall be allowed not more than a per diem and such mileage, if any, as to the court shall seem just and equitable under all circumstances: PROVIDED FURTHER, That the state shall fully reimburse the county in which trial is held for all jury fees and witness fees related to criminal cases which result from incidents occurring within an adult or juvenile correctional institution: PROVIDED FURTHER, That the compensation paid jurors shall be determined by the county legislative authority and shall be uniformly applied within the county.

Sec. 5. RCW 3.30.090 and 1979 ex.s. c 136 s 15 are each amended to read as follows:

A violations bureau may be established by any city or district court having jurisdiction of traffic cases to assist in processing traffic cases. As designated by written order of the court having jurisdiction of traffic cases, specific offenses under city ordinance, county resolution, or state law may be processed by such bureau. Such bureau may be authorized to receive the posting of bail for such specified offenses, and, as authorized by the court order, to accept forfeiture of bail and payment of monetary penalties. The court order shall specify the amount of bail to be posted and shall also specify the circumstances or conditions which will require an appearance before the court. Such bureau, upon accepting the prescribed bail, shall issue a receipt to the alleged violator, which receipt shall bear a legend informing him or her of the legal consequences of bail forfeiture. The bureau shall transfer daily to the clerk of the proper department of the court all bail posted for offenses where forfeiture is not authorized by the court order, as well as copies of all receipts. All forfeitures or penalties paid to a violations bureau for violations of municipal ordinances shall be placed in the city general fund or such other fund as may be prescribed by ordinance. All forfeitures or penalties paid to a violations bureau for violations of state laws or county resolutions shall be remitted at least monthly to the county treasurer for deposit in the current expense fund. Employees of violations bureaus of a city shall be city employees under any applicable municipal civil service system.

The presiding superior court judge within each county making the election under section 2 of this act shall have the exclusive authority to organize and approve a violations bureau. A violations bureau may be granted jurisdiction over all infractions, including ordinance violations within cities and counties. The presiding superior court judge shall have the exclusive authority to appoint hearings officers assigned to a violations bureau. A person so appointed as a hearings officer shall meet the requirements for hearings officers set forth in supreme court rules.

Sec. 6. RCW 3.34.010 and 1998 c 64 s 1 are each amended to read as follows:

The number of district judges to be elected in each county shall be: Adams, two; Asotin, one; Benton, three; Chelan, two; Clallam, two; Clark, five; Columbia, one; Cowlitz, two; Douglas, one; Ferry, one; Franklin, one; Garfield, one; Grant, two; Grays Harbor, two; Island, one; Jefferson, one; King, twenty-six; Kitsap, three; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan, one; Skagit, two; Skamania, one; Snohomish, eight; Spokane, nine; Stevens, one; Thurston, two; Wahkiakum, one; Walla Walla, two; Whatcom, two; Whitman, one; Yakima, four. This number may be increased only as provided in RCW 3.34.020. The number of district judges for each county shall be reduced by the number of superior court judge positions created for that county from former district court positions under section 2 of this act.

Sec. 7. RCW 3.34.020 and 1997 c 41 s 3 are each amended to read as follows:

(1) Except for changes made pursuant to section 2 of this act, any change in the number of full and part-time district judges after January 1, 1992, shall be determined by the legislature after receiving a recommendation from the supreme court. The supreme court shall make its recommendations to the legislature based on a weighted caseload analysis that takes into account the following:

(a) The extent of time that existing judges have available to hear cases in that court;

(b) A measurement of the judicial time needed to process various types of cases;

(d) A determination of the amount of a judge's annual work time that can be devoted exclusively to processing cases; and

(e) An assessment of judicial resource needs, including annual case filings, and case weights and the judge year value determined under the weighted caseload method.

(2) The administrator for the courts, under the supervision of the supreme court, may consult with the board of judicial administration and the district and municipal court judge's association in developing the procedures and methods of applying the weighted caseload analysis.

(3) For each recommended change from the number of full and part-time district judges in any county as of January 1, 1992, the administrator for the courts, under the supervision of the supreme court, shall complete a judicial impact note detailing any local or state cost associated with such recommended change.

(4) If the legislature approves an increase in the base number of district judges in any county as of January 1, 1992, such increase in the base number of district judges and all related costs may be paid for by the county from moneys provided under RCW 82.14.310, and any such costs shall be deemed to be expended for criminal justice purposes as provided in RCW 82.14.315, and such expenses shall not constitute a supplanting of existing funding.

(5)(a) A county legislative authority that desires to change the number of full or part-time district judges from the base number on January 1, 1992, must first request the assistance of the supreme court. The administrator for the courts, under the supervision of the supreme court, shall conduct a weighted caseload analysis and make a recommendation of its findings to the legislature for consideration as provided in this section.

(b) The legislative authority of any county may change a part-time district judge position to a full-time position.

Sec. 8. RCW 3.34.040 and 1991 c 338 s 2 are each amended to read as follows:

A district judge serving a district having a population of forty thousand or more persons, and a district judge receiving a salary equal to the maximum salary set by the salary commission under RCW 3.58.020 for district judges shall be deemed full time judges and shall devote all of their time to the office and shall not engage in the practice of law. Other judges shall devote sufficient time to the office to properly fulfill the duties thereof and may engage in other occupations but shall maintain a separate office for private business and shall not use for private business the services of any clerk or secretary paid for by the county or office space or supplies furnished by the judicial district.

Nothing in this section restricts district judge positions from becoming superior court positions under section 2 of this act.

NEW SECTION. Sec. 9. A new section is added to chapter 3.34 RCW to read as follows:

If the election is made under section 2 of this act, the presiding judge of the superior court, in consultation with the legislative authority of the county, shall make administrative provision for the transfer of cases, proceedings, and matters pending before a district court established under this chapter, together with all files and records, to the superior court. Such cases, proceedings, and matters shall thereafter be treated as if originally filed in superior court.

The presiding judge, in consultation with the legislative authority of the county, shall make administrative provision for the transfer of such personnel of the district court as deemed necessary for the efficient operation of the superior courts in the county.

The presiding judge and the legislative authority of the county shall make any other administrative provisions to effectuate the intent and purpose of this act.

Sec. 10. RCW 3.46.020 and 1987 c 3 s 1 are each amended to read as follows:

Each judge of a municipal department shall be a judge of the district court in which the municipal department is situated. Such judge shall be designated as a municipal judge.

Superior court judges holding judicial positions created under section 2 of this act shall have all powers, duties, and jurisdiction of the district court and the municipal department.

Sec. 11. RCW 3.46.050 and 1975 c 33 s 2 are each amended to read as follows:

Except when section 2 of this act applies, each city may select its full time municipal judge or judges by election, or by appointment in such manner as the city legislative body determines: PROVIDED, That in cities having a population in excess of four hundred thousand, the municipal judges shall be elected.

Sec. 12. RCW 3.46.063 and 1993 c 317 s 3 are each amended to read as follows:

Except when section 2 of this act applies, notwithstanding RCW 3.46.050 and 3.46.060, judicial positions may be filled only by election under the following circumstances:

(1) Each full-time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time.

(2) In any city with one or more full-time equivalent judicial positions, an additional judicial position or positions that is or are in combination more than one-half of a full-time equivalent position shall be filled by election.

NEW SECTION. Sec. 13. A new section is added to chapter 3.46 RCW to read as follows:

If the election is made under section 2 of this act, the presiding judge of the superior court, in consultation with the legislative authority of the city, shall make administrative provision for the transfer of cases, proceedings, and matters pending before a municipal department established under this chapter, together with all files and records, to the superior court. Such cases, proceedings, and matters shall thereafter be treated as if originally filed in superior court.

The presiding judge, in consultation with the legislative authority of the city, shall make administrative provision for the transfer of such personnel of the municipal department as deemed necessary for the efficient operation of the superior courts in the county.

The presiding judge and the legislative authority of the city shall make any other administrative provisions to effectuate the intent and purpose of this act.

Sec. 14. RCW 3.50.020 and 1985 c 303 s 14 are each amended to read as follows:

The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city in which the municipal court is located and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith.

Superior court judges holding judicial positions created under section 2 of this act shall have all powers, duties, and jurisdiction of the municipal court.

Sec. 15. RCW 3.50.030 and 1984 c 258 s 105 are each amended to read as follows:

Every city or town may establish and operate under the supervision of the municipal court a violations bureau to assist the court in processing traffic cases. Each municipal court shall designate the specific traffic offenses and traffic infractions under city or town ordinances which may be processed by the violations bureau.

A violations bureau may be authorized to process traffic infractions in conformity with chapter 46.63 RCW.

A violations bureau may be authorized to receive the posting of bail for specified offenses and, to the extent authorized by court order, permitted to accept forfeiture of bail and payment of penalties. Any violations bureau, upon accepting the prescribed bail, shall issue a receipt therefor to the alleged violator, acknowledging the posting thereof and informing the accused of the legal consequences of bail forfeiture. Any person charged with any criminal traffic offense within the authority of the violations bureau may, upon signing a written appearance, a written plea of guilty and a written waiver of trial, pay to the violations bureau the fine established for the offense charged and costs and this shall have the same effect as a court conviction. All penalties and forfeitures paid to a violations bureau for the violation of municipal ordinance shall be placed in the city or town general fund or such other fund as may be prescribed by ordinance of the city or town or laws of the state of Washington.

Any employees of an existing violations bureau of any city shall continue as city employees.

Sec. 16. RCW 3.50.050 and 1984 c 258 s 107 are each amended to read as follows:

Except when section 2 of this act applies, the legislative authority of the city or town may, by ordinance, provide that the position of municipal judge within the city or town shall be an elective position. The ordinance shall provide for the qualifications of the municipal judge which shall be the same as the qualifications necessary for the appointment thereof; and further, shall provide that the municipal judge shall be elected in the same manner as other elective city officials are elected to office, and that the term of the municipal judge shall be for a term of four years commencing on January 1, 1986, and every four years thereafter.

Sec. 17. RCW 3.50.055 and 1993 c 317 s 4 are each amended to read as follows:

Except when section 2 of this act applies, notwithstanding RCW 3.50.040 and 3.50.050, judicial positions may be filled only by election under the following circumstances:

Sec. 18. RCW 3.50.070 and 1984 c 258 s 109 are each amended to read as follows:

Additional full or part time judges may be appointed or elected, as provided by ordinance of the legislative body of the city or town when public interest and the administration of justice makes such additional judge or judges necessary.

When section 2 of this act applies, any additional positions created under this section shall be superior court positions.

Sec. 19. RCW 3.50.135 and 1984 c 258 s 126 are each amended to read as follows:

In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court: PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror may receive up to ((~~twenty-five~~)) fifty dollars but in no case less than ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060: PROVIDED, That the compensation paid jurors shall be determined by the legislative authority of the city and shall be uniformly applied. Jury trials shall be allowed in all criminal cases unless waived by the defendant.

NEW SECTION. Sec. 20. A new section is added to chapter 3.50 RCW to read as follows:

If the election is made under section 2 of this act, the presiding judge of the superior court, in consultation with the legislative authority of the city, shall make administrative provision for the transfer of cases, proceedings, and matters pending before a municipal court established under this chapter, together with all files and records, to the superior court. Such cases, proceedings, and matters shall thereafter be treated as if originally filed in superior court.

The presiding judge, in consultation with the legislative authority of the city, shall make administrative provision for the transfer of such personnel of the municipal court as deemed necessary for the efficient operation of the superior courts in the county.

The presiding judge and the legislative authority of the city shall make any other administrative provisions to effectuate the intent and purpose of this act.

Sec. 21. RCW 3.62.060 and 1992 c 62 s 8 are each amended to read as follows:

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

(1) In any civil action commenced before or transferred to a district court and in any county where an election under section 2 of this act has been made and where the civil action meets the jurisdictional requirements of RCW 3.66.020, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of thirty-one dollars plus any surcharge authorized by RCW 7.75.035. No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action other than those listed.

(2) For issuing a writ of garnishment or other writ a fee of six dollars.

(3) For filing a supplemental proceeding a fee of twelve dollars.

(4) For demanding a jury in a civil case a fee of fifty dollars to be paid by the person demanding a jury.

(5) For preparing a transcript of a judgment a fee of six dollars.

(6) For certifying any document on file or of record in the clerk's office a fee of five dollars.

(7) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).

(8) For duplication of part or all of the electronic tape or tapes of a proceeding ten dollars per tape.

The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.

Sec. 22. RCW 12.40.010 and 1991 c 71 s 1 are each amended to read as follows:

In every district court there shall be created and organized by the court a department to be known as the "small claims department of the district court". The small claims department shall have jurisdiction, but not exclusive, in cases for the recovery of money only if the amount claimed does not exceed ((~~two~~)) ten thousand ((~~five hundred~~)) dollars.

Sec. 23. RCW 35.20.030 and 1993 c 83 s 3 are each amended to read as follows:

The municipal court shall have jurisdiction to try violations of all city ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith: PROVIDED, That for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than a fine of five thousand dollars or imprisonment in the city jail not to exceed one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. All civil and criminal proceedings in municipal court, and judgments rendered therein, shall be subject to review in the superior court by writ of review or on appeal: PROVIDED, That an appeal from the court's determination or order in a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5). Costs in civil and criminal cases may be taxed as provided in district courts.

Sec. 24. RCW 35.20.090 and 1987 c 202 s 195 are each amended to read as follows:

In all civil cases and criminal cases where jurisdiction is concurrent with district courts as provided in RCW 35.20.250, within the jurisdiction of the municipal court, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court: PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A defendant requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. Where there is more than one defendant in an action and one or more of them requests a jury, only one jury fee shall be collected by the court. Each juror may receive up to ((~~twenty-five~~)) fifty dollars but in no case less than ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060: PROVIDED, That the compensation paid jurors shall be determined by the legislative authority of the city and shall be uniformly applied. Trial by jury shall be allowed in criminal cases involving violations of city ordinances commencing January 1, 1972, unless such incorporated city affected by this chapter has made provision therefor prior to January 1, 1972.

Sec. 25. RCW 35.20.150 and 1975-'76 2nd ex.s. c 120 s 7 are each amended to read as follows:

The municipal judges shall be elected on the first Tuesday after the first Monday in November, 1958, and on the first Tuesday after the first Monday of November every fourth year thereafter by the electorate of the city in which the court is located. The auditor of the county concerned shall designate by number each position to be filled in the municipal court, and each candidate at the time of the filing of his or her declaration of candidacy shall designate by number so assigned the position for which he or she is a candidate, and the name of such candidate shall appear on the ballot only for such position. The name of the person who receives the greatest number of votes and of the person who receives the next greatest number of votes at the primary for a single nonpartisan position shall appear on the general election ballot under the designation therefor. Elections for municipal judge shall be nonpartisan. They shall hold office for a term of four years and until their successors are elected and qualified. The term of office shall start on the second Monday in January following such election. Any vacancy in the municipal court due to a death, disability or resignation of a municipal court judge shall be filled by the mayor, to serve out the unexpired term. Such appointment shall be subject to confirmation by the legislative body of the city.

When section 2 of this act applies, election and vacancy provisions applicable to superior court judges shall apply.

NEW SECTION. Sec. 26. A new section is added to chapter 35.20 RCW to read as follows:

If the election is made under section 2 of this act, the presiding judge of the superior court, in consultation with the legislative authority of the city, shall make administrative provision for the transfer of cases, proceedings, and matters pending before a municipal court established under this chapter, together with all files and records, to the superior court. Such cases, proceedings, and matters shall thereafter be treated as if originally filed in superior court.

The presiding judge and the legislative authority of the city shall make any other administrative provisions to effectuate the intent and purpose of this act.

Sec. 27. RCW 36.18.020 and 1999 c 42 s 635 are each amended to read as follows:

(1) Revenue collected under this section is subject to division with the state public safety and education account under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070.

(2) Except as otherwise provided in RCW 3.62.060, clerks of superior courts shall collect the following fees for their official services:

(a) The party filing the first or initial paper in any civil action, including, but not limited to an action for restitution, adoption, or change of name, shall pay, at the time the paper is filed, a fee of one hundred ten dollars except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of thirty dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee. The thirty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.

(b) 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 the paper is filed, a fee of one hundred ten dollars.

(c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of one hundred ten dollars.

(d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of one hundred ten dollars.

(e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of one hundred ten dollars.

(f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of one hundred ten dollars.

(g) 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 11.96A.220, there shall be paid a fee of one hundred ten dollars.

(h) 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 one hundred ten dollars.

(i) 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.

(3) 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. 28. A new section is added to chapter 2.08 RCW to read as follows:

In any county where section 2 of this act applies, the presiding judge of the superior court shall establish a local justice advisory committee and determine the size and composition of the council. The advisory committee shall coordinate its activities and recommendations with the local law and justice council where appropriate.

NEW SECTION. Sec. 29. Courthouse facilitators are deemed essential for the superior court. In every courthouse in which the superior court convenes, a courthouse facilitator shall be assigned by the presiding superior court judge in the county. For every ten superior court judges no less than one facilitator shall be assigned.

The administrator for the courts shall by rule implement procedures necessary to comply with federal requirements that are a prescribed condition for the allocation of federal funds to the state to cover all or any part of the costs incurred under this section.

NEW SECTION. Sec. 30. The supreme court shall by court rule prescribe the duties and responsibilities for all presiding superior court judges. The rule shall set forth the administrative authority of each presiding judge to govern and manage the court staff and resources of each courthouse in which a superior court convenes. The board of judicial administration shall recommend rules to the supreme court.

NEW SECTION. Sec. 31. There is created an office of marshal for the state of Washington. The governor upon nomination by the chief justice of the supreme court shall appoint the Washington state marshal with confirmation by the senate. The marshal shall be responsible for the enforcement of all orders issued by judges of the Washington supreme court, the court of appeals, and the superior court. The chief justice and governor may prescribe additional duties, including the authority to appoint deputy marshals. The marshal shall submit a budget and action plan to the chief justice for inclusion into the supreme court budget. The marshal serves at the pleasure of the chief justice.

NEW SECTION. Sec. 32. A new section is added to chapter 2.08 RCW to read as follows:

NEW SECTION. Sec. 33. A new section is added to chapter 2.08 RCW to read as follows:

Each superior court presiding judge in a county shall have the exclusive authority to organize and implement alternative dispute resolution programs within the county. Programs implemented under this section shall be provided without cost to low-income individuals. A fee structure may be utilized based upon the ability to pay, but the use of a dispute resolution program shall not be conditioned upon financial ability of individuals.

NEW SECTION. Sec. 34. A new section is added to chapter 2.08 RCW to read as follows:

Each superior court presiding judge in a county shall have the exclusive authority to organize and implement nontraditional adjudication proceedings, with the consent of the parties. Such proceedings shall be used to expedite adjudication of all matters, but especially civil matters. Parties may choose to waive court rules and stipulate to the evidence, submit written arguments and points of authority, and agree to a binding decision by a specific judge. Such programs shall be free to indigent parties.

NEW SECTION. Sec. 35. A new section is added to chapter 2.08 RCW to read as follows:

In any court of record that accepts electronic filings, or that establishes any expedited adjudication or alternative dispute resolution programs, the supreme court may alter the filing fees by court order. Any such change to the filing fees shall apply to all courts, notwithstanding any other law or policy.

NEW SECTION. Sec. 36. The board of judicial administration shall study the impact of the provisions of this act, including the impact on the rules of evidence and the rules of discovery.

The board shall also develop rules for recommendation to the supreme court on electronic filings, including provisions that would allow parties to recover costs associated with providing electronic records and pleadings to the courts.

The board shall report to the legislature and the supreme court by January 1, 2002.

NEW SECTION. Sec. 37. The board of judicial administration shall, at its earliest convenience, review statutes and court rules in the areas of, but not limited to, probate, domestic relations, traffic infractions, small claims, and juvenile justice, and make recommendations to the legislature for use of nonjudicial personnel to process cases.

NEW SECTION. Sec. 38. The joint legislative audit and review committee shall conduct a fiscal review of the state court system. The study shall examine, but not be limited to: (1) The funding of state courts, including district and municipal courts; (2) current sources of revenue generated by the court system; (3) court workloads at all levels; and (4) potential fiscal impacts of the implementation of this act. On or before December 31, 2001, the committee shall make recommendations to the legislature on methods to improve the fiscal operation of the court system.

NEW SECTION. Sec. 39. The Washington state institute for public policy shall study and evaluate the criminal laws in the Revised Code of Washington and make recommendations to the legislature concerning provisions that may be decriminalized. The institute shall submit a final report to the legislature by January 1, 2002. The report shall describe the standards and assumptions used to determine which laws were selected for a recommendation to decriminalize.

NEW SECTION. Sec. 40. This act may be known and cited as the court reform act of 2000.

NEW SECTION. Sec. 41. Sections 2 through 28, 30, and 32 through 34 of this act take effect July 1, 2001.