Passed by the Senate April 24, 2005 YEAS 40   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 24, 2005 YEAS 84   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE SENATE BILL 5454 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved May 13, 2005. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 13, 2005 - 3:13 p.m. Secretary of State State of Washington |
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/08/05.
AN ACT Relating to court operations; amending RCW 3.62.050, 2.56.030, 43.08.250, 3.62.060, 4.12.090, 10.46.190, 12.12.030, 12.40.020, 26.12.240, 27.24.070, 36.18.012, 36.18.016, and 36.18.020; adding a new section to chapter 3.46 RCW; adding a new section to chapter 3.50 RCW; adding a new section to chapter 3.58 RCW; adding a new section to chapter 35.20 RCW; adding a new section to chapter 3.62 RCW; creating a new section; and making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature recognizes the state's
obligation to provide adequate representation to criminal indigent
defendants and to parents in dependency and termination cases. The
legislature also recognizes that trial courts are critical to
maintaining the rule of law in a free society and that they are
essential to the protection of the rights and enforcement of
obligations for all. Therefore, the legislature intends to create a
dedicated revenue source for the purposes of meeting the state's
commitment to improving trial courts in the state, providing adequate
representation to criminal indigent defendants, providing for civil
legal services for indigent persons, and ensuring equal justice for all
citizens of the state.
NEW SECTION. Sec. 2 A new section is added to chapter 3.46 RCW
to read as follows:
Any city operating a municipal department under this chapter for
which the state contributes to district or municipal court judges'
salaries under section 7 of this act shall create a city trial court
improvement account. An amount equal to one hundred percent of the
state's contribution received by the city for the payment of the city's
proportionate share of the district or municipal court judges' salaries
shall be deposited into the account. Money in the account shall be
used to fund improvements to the municipal department's staffing,
programs, facilities, or services, as appropriated by the city
legislative authority.
NEW SECTION. Sec. 3 A new section is added to chapter 3.50 RCW
to read as follows:
Any city or town operating a municipal court under this chapter for
which the state contributes to municipal court judges' salaries under
section 7 of this act shall create a city or town trial court
improvement account. An amount equal to one hundred percent of the
state's contribution for the payment of the city's or town's municipal
court judges' salaries shall be deposited into the account. Money in
the account shall be used to fund improvements to the municipal court's
staffing, programs, facilities, or services, as appropriated by the
city or town legislative authority.
NEW SECTION. Sec. 4 A new section is added to chapter 3.58 RCW
to read as follows:
Any county with a district court created under this title shall
create a county trial court improvement account. An amount equal to
one hundred percent of the state's contribution received by the county
for the payment of district court judges' salaries under section 8 of
this act shall be deposited into the account. Money in the account
shall be used to fund improvements to superior and district court
staffing, programs, facilities, or services, as appropriated by the
county legislative authority.
NEW SECTION. Sec. 5 A new
section is added to chapter 35.20 RCW
to read as follows:
Any city operating a municipal court under this chapter that
receives state contribution for municipal court judges' salaries under
section 7 of this act shall create a city trial court improvement
account. An amount equal to one hundred percent of the state's
contribution for the payment of municipal judges' salaries shall be
deposited into the account. Money in the account shall be used to fund
improvements to the municipal court's staffing, programs, facilities,
or services, as appropriated by the city legislative authority.
Sec. 6 RCW 3.62.050 and 1987 c 202 s 114 are each amended to read
as follows:
The total expenditures of the district courts, including the cost
of providing courtroom and office space, the cost of probation and
parole services and any personnel employment therefor, and the cost of
providing services necessary for the preparation and presentation of a
defense at public expense, except costs of defense to be paid by a city
pursuant to RCW 3.62.070 and the portion of district court judges'
salaries distributed by the administrator for the courts pursuant to
section 7 of this act, shall be paid from the county current expense
fund.
Sec. 7 RCW 2.56.030 and 2002 c 49 s 2 are each amended to read as
follows:
The administrator for the courts shall, under the supervision and
direction of the chief justice:
(1) Examine the administrative methods and systems employed in the
offices of the judges, clerks, stenographers, and employees of the
courts and make recommendations, through the chief justice, for the
improvement of the same;
(2) Examine the state of the dockets of the courts and determine
the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the
assignment of judges where courts are in need of assistance and carry
out the direction of the chief justice as to the assignments of judges
to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports
of the business transacted by the courts and transmit the same to the
chief justice to the end that proper action may be taken in respect
thereto;
(5) Prepare and submit budget estimates of state appropriations
necessary for the maintenance and operation of the judicial system and
make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to
the expenditure of public moneys, state and local, for the maintenance
and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or
rules adopted by the supreme court of this state on cases and other
judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to
supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW
2.56.060;
(9) Submit annually, as of February 1st, to the chief justice, a
report of the activities of the administrator's office for the
preceding calendar year including activities related to courthouse
security;
(10) Administer programs and standards for the training and
education of judicial personnel;
(11) Examine the need for new superior court and district judge
positions under a weighted caseload analysis that takes into account
the time required to hear all the cases in a particular court and the
amount of time existing judges have available to hear cases in that
court. The results of the weighted caseload analysis shall be reviewed
by the board for judicial administration which shall make
recommendations to the legislature. It is the intent of the
legislature that weighted caseload analysis become the basis for
creating additional district court positions, and recommendations
should address that objective;
(12) Provide staff to the judicial retirement account plan under
chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme
court of this state;
(14) Within available funds, develop a curriculum for a general
understanding of child development, placement, and treatment resources,
as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules,
interviewing skills, and special needs of the abused or neglected
child. This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers and be
updated yearly to reflect changes in statutes, court rules, or case
law;
(15) Develop, in consultation with the entities set forth in RCW
2.56.150(3), a comprehensive statewide curriculum for persons who act
as guardians ad litem under Title 13 or 26 RCW. The curriculum shall
be made available July 1, 1997, and include specialty sections on child
development, child sexual abuse, child physical abuse, child neglect,
clinical and forensic investigative and interviewing techniques, family
reconciliation and mediation services, and relevant statutory and legal
requirements. The curriculum shall be made available to all superior
court judges, court personnel, and all persons who act as guardians ad
litem;
(16) Develop a curriculum for a general understanding of crimes of
malicious harassment, as well as specific legal skills and knowledge of
RCW 9A.36.080, relevant cases, court rules, and the special needs of
malicious harassment victims. This curriculum shall be made available
to all superior court and court of appeals judges and to all justices
of the supreme court;
(17) Develop, in consultation with the criminal justice training
commission and the commissions established under chapters 43.113,
43.115, and 43.117 RCW, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working with
youth of color and their families. The curriculum shall be available
to all superior court judges and court commissioners assigned to
juvenile court, and other court personnel. Ethnic and cultural
diversity training shall be provided annually so as to incorporate
cultural sensitivity and awareness into the daily operation of juvenile
courts statewide;
(18) Authorize the use of closed circuit television and other
electronic equipment in judicial proceedings. The administrator shall
promulgate necessary standards and procedures and shall provide
technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with
RCW 2.56.180;
(20)(a) Administer and distribute amounts appropriated from the
equal justice subaccount under RCW 43.08.250(2) for district court
judges' and qualifying elected municipal court judges' salary
contributions. The administrator for the courts shall develop a
distribution formula for these amounts that does not differentiate
between district and elected municipal court judges.
(b) A city qualifies for state contribution of elected municipal
court judges' salaries under (a) of this subsection if:
(i) The judge is serving in an elected position;
(ii) The city has established by ordinance that a full-time judge
is compensated at a rate equivalent to at least ninety-five percent,
but not more than one hundred percent, of a district court judge salary
or for a part-time judge on a pro rata basis the same equivalent; and
(iii) The city has certified to the office of the administrator for
the courts that the conditions in (b)(i) and (ii) of this subsection
have been met.
Sec. 8 RCW 43.08.250 and 2003 1st sp.s. c 25 s 918 are each
amended to read as follows:
(1) The money received by the state treasurer from fees, fines,
forfeitures, penalties, reimbursements or assessments by any court
organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be
deposited in the public safety and education account which is hereby
created in the state treasury. The legislature shall appropriate the
funds in the account to promote traffic safety education, highway
safety, criminal justice training, crime victims' compensation,
judicial education, the judicial information system, civil
representation of indigent persons, winter recreation parking, drug
court operations, and state game programs. During the fiscal biennium
ending June 30, 2005, the legislature may appropriate moneys from the
public safety and education account for purposes of appellate indigent
defense and other operations of the office of public defense, the
criminal litigation unit of the attorney general's office, the
treatment alternatives to street crimes program, crime victims advocacy
programs, justice information network telecommunication planning,
treatment for supplemental security income clients, sexual assault
treatment, operations of the office of administrator for the courts,
security in the common schools, alternative school start-up grants,
programs for disruptive students, criminal justice data collection,
Washington state patrol criminal justice activities, drug court
operations, unified family courts, local court backlog assistance,
financial assistance to local jurisdictions for extraordinary costs
incurred in the adjudication of criminal cases, domestic violence
treatment and related services, the department of corrections' costs in
implementing chapter 196, Laws of 1999, reimbursement of local
governments for costs associated with implementing criminal and civil
justice legislation, the replacement of the department of corrections'
offender-based tracking system, secure and semi-secure crisis
residential centers, HOPE beds, the family policy council and community
public health and safety networks, the street youth program, public
notification about registered sex offenders, and narcotics or
methamphetamine-related enforcement, education, training, and drug and
alcohol treatment services.
(2)(a) The equal justice subaccount is created as a subaccount of
the public safety and education account. The money received by the
state treasurer from the increase in fees imposed by sections 9, 10,
12, 13, 14, 17, and 19, chapter . . . (this act), Laws of 2005 shall be
deposited in the equal justice subaccount and shall be appropriated
only for:
(i) Criminal indigent defense assistance and enhancement at the
trial court level, including a criminal indigent defense pilot program;
(ii) Representation of parents in dependency and termination
proceedings;
(iii) Civil legal representation of indigent persons; and
(iv) Contribution to district court judges' salaries and to
eligible elected municipal court judges' salaries.
(b) For the 2005-07 fiscal biennium, an amount equal to twenty-five
percent of revenues to the equal justice subaccount, less one million
dollars, shall be appropriated from the equal justice subaccount to the
administrator for the courts for purposes of (a)(iv) of this
subsection. For the 2007-09 fiscal biennium and subsequent fiscal
biennia, an amount equal to fifty percent of revenues to the equal
justice subaccount shall be appropriated from the equal justice
subaccount to the administrator for the courts for the purposes of
(a)(iv) of this subsection.
Sec. 9 RCW 3.62.060 and 2003 c 222 s 15 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, the plaintiff shall, at the time of such commencement
or transfer, pay to such court a filing fee of ((thirty-one)) forty-three dollars plus any surcharge authorized by RCW 7.75.035. Any party
filing a counterclaim, cross-claim, or third-party claim in such action
shall pay to the court a filing fee of forty-three 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, or for filing
an attorney issued writ of garnishment, a fee of ((six)) twelve
dollars.
(3) For filing a supplemental proceeding a fee of ((twelve)) twenty
dollars.
(4) For demanding a jury in a civil case a fee of ((fifty)) one
hundred twenty-five dollars to be paid by the person demanding a jury.
(5) For preparing a transcript of a judgment a fee of ((six))
twenty 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)) recording of a proceeding ten dollars per tape or other
electronic storage medium.
The fees or charges imposed under this section shall be allowed as
court costs whenever a judgment for costs is awarded.
NEW SECTION. Sec. 10 A new section is added to chapter 3.62 RCW
to read as follows:
Upon conviction or a plea of guilty in any court organized under
this title or Title 35 RCW, a defendant in a criminal case is liable
for a fee of forty-three dollars. This fee shall be subject to
division with the state under RCW 3.46.120(2), 3.50.100(2),
3.62.020(2), 3.62.040(2), and 35.20.220(2).
Sec. 11 RCW 4.12.090 and 1969 ex.s. c 144 s 1 are each amended to
read as follows:
(1) When an order is made transferring an action or proceeding for
trial, the clerk of the court must transmit the pleadings and papers
therein to the court to which it is transferred and charge a fee as
provided in RCW 36.18.016. The costs and fees thereof and of filing
the papers anew must be paid by the party at whose instance the order
was made, except in the cases mentioned in RCW 4.12.030(1), in which
case the plaintiff shall pay costs of transfer and, in addition
thereto, if the court finds that the plaintiff could have determined
the county of proper venue with reasonable diligence, it shall order
the plaintiff to pay the reasonable attorney's fee of the defendant for
the changing of venue to the proper county. The court to which an
action or proceeding is transferred has and exercises over the same the
like jurisdiction as if it had been originally commenced therein.
(2) In acting on any motion for dismissal without prejudice in a
case where a motion for change of venue under subsection (1) of this
section has been made, the court shall, if it determines the motion for
change of venue proper, determine the amount of attorney's fee properly
to be awarded to defendant and, if the action be dismissed, the
attorney's fee shall be a setoff against any claim subsequently brought
on the same cause of action.
Sec. 12 RCW 10.46.190 and 1977 ex.s. c 248 s 1 are each amended
to read as follows:
Every person convicted of a crime or held to bail to keep the peace
shall be liable to all the costs of the proceedings against him or her,
including, when tried by a jury in the superior court or before a
committing magistrate, a jury fee as provided for in civil actions((,
and when tried by a jury before a committing magistrate, twenty-five
dollars for jury fee,)) for which judgment shall be rendered and
((collection had as in cases of fines)) collected. The jury fee, when
collected for a case tried by the superior court, shall be paid to the
clerk((, to be by him)) and applied as the jury fee in civil cases is
applied.
Sec. 13 RCW 12.12.030 and 1981 c 260 s 3 are each amended to read
as follows:
After the appearance of the defendant, and before the ((justice))
judge shall proceed to enquire into the merits of the cause, either
party may demand a jury to try the action, which jury shall be composed
of six good and lawful persons having the qualifications of jurors in
the superior court of the same county, unless the parties shall agree
upon a lesser number: PROVIDED, That the party demanding the jury
shall first pay to the ((justice)) clerk of the court the sum of one
hundred twenty-five dollars, which shall be paid over by the
((justice)) clerk of the court to the county, and ((said)) such amount
shall be taxed as costs against the losing party.
Sec. 14 RCW 12.40.020 and 1990 c 172 s 3 are each amended to read
as follows:
A small claims action shall be commenced by the plaintiff filing a
claim, in the form prescribed by RCW 12.40.050, in the small claims
department. A filing fee of ((ten)) fourteen dollars plus any
surcharge authorized by RCW 7.75.035 shall be paid when the claim is
filed. Any party filing a counterclaim, cross-claim, or third-party
claim in such action shall pay to the court a filing fee of fourteen
dollars plus any surcharge authorized by RCW 7.75.035.
Sec. 15 RCW 26.12.240 and 1993 c 435 s 2 are each amended to read
as follows:
A county may create a courthouse facilitator program to provide
basic services to pro se litigants in family law cases. The
legislative authority of any county may impose user fees or may impose
a surcharge of up to ((ten)) twenty dollars on only those superior
court cases filed under Title 26 RCW, or both, to pay for the expenses
of the courthouse facilitator program. Fees collected under this
section shall be collected and deposited in the same manner as other
county funds are collected and deposited, and shall be maintained in a
separate account to be used as provided in this section.
Sec. 16 RCW 27.24.070 and 1992 c 54 s 6 are each amended to read
as follows:
In each county pursuant to this chapter, the county treasurer shall
deposit in the county or regional law library fund a sum equal to
((twelve)) seventeen dollars for every new probate or civil filing fee,
including appeals and for every fee for filing a counterclaim, cross-claim, or third-party claim in any civil action, collected by the clerk
of the superior court and ((six)) seven dollars for every fee collected
for the commencement of a civil action and for the filing of a
counterclaim, cross-claim, or third-party claim in any civil action in
district court for the support of the law library in that county or the
regional law library to which the county belongs: PROVIDED, That upon
a showing of need the ((twelve)) seventeen dollar contribution may be
increased up to ((fifteen)) twenty dollars or in counties with multiple
library sites up to thirty dollars upon the request of the law library
board of trustees and with the approval of the county legislative body
or bodies.
Sec. 17 RCW 36.18.012 and 2001 c 146 s 1 are each amended to read
as follows:
(1) Revenue collected under this section is subject to division
with the state for deposit in the public safety and education account
under RCW 36.18.025.
(2) 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))
twenty dollars.
(3) The clerk shall collect a fee of twenty dollars for: Filing a
paper not related to or a part of a proceeding, civil or criminal, or
a probate matter, required or permitted to be filed in the clerk's
office for which no other charge is provided by law.
(4) If the defendant serves or files an answer to an unlawful
detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff
shall pay before proceeding with the unlawful detainer action
((eighty)) one hundred twelve dollars.
(5) For a restrictive covenant for filing a petition to strike
discriminatory provisions in real estate under RCW 49.60.227 a fee of
twenty dollars must be charged.
(6) A fee of twenty dollars must be charged for filing a will only,
when no probate of the will is contemplated.
(7) A fee of ((two)) twenty dollars must be charged for filing a
petition, written agreement, or written memorandum in a nonjudicial
probate dispute under RCW 11.96A.220, if it is filed within an existing
case in the same court.
(8) A fee of thirty-five dollars must be charged for filing a
petition regarding a common law lien under RCW 60.70.060.
(9) For certification of delinquent taxes by a county treasurer
under RCW 84.64.190, a fee of five dollars must be charged.
(10) For the filing of a tax warrant for unpaid taxes or
overpayment of benefits by any agency of the state of Washington, a fee
of five dollars on or after July 22, 2001, and for the filing of such
a tax warrant or overpayment of benefits on or after July 1, 2003, a
fee of twenty dollars, of which forty-six percent of the first five
dollars is directed to the public safety and education account
established under RCW 43.08.250.
Sec. 18 RCW 36.18.016 and 2002 c 338 s 2 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)) thirty-six 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 one hundred twenty-five
dollars; if the demand is for a jury of twelve, a fee of 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 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)) one hundred twenty-five dollars for a jury of six, or ((one))
two hundred fifty dollars for a jury of twelve may be imposed as costs
under RCW 10.46.190.
(4) For preparing((, transcribing, or certifying)) a certified copy
of 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)) five 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)) two dollars for each
additional seal affixed must be charged. For preparing a copy of an
instrument on file or of record in the clerk's office without a seal,
a fee of fifty cents per page must be charged. When copying a document
without a seal or file that is in an electronic format, a fee of
twenty-five cents per page must be charged. For copies made on a
compact disc, an additional fee of twenty dollars for each compact disc
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 filing a supplemental proceeding, a fee of twenty dollars
must be charged.
(8) 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))) (9) 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))) (10) For the preparation of a passport application, the
clerk may collect an execution fee as authorized by the federal
government.
(((10))) (11) For clerk's services such as processing ex parte
orders, 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))) (12) 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 or other electronic storage medium.
(((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.)) For registration of land titles, Torrens Act, under RCW
65.12.780, a fee of ((
(14)five)) twenty dollars must be charged.
(((15))) (14) For the issuance of extension of judgment under RCW
6.17.020 and chapter 9.94A RCW, a fee of ((one)) two hundred ((ten))
dollars must be charged.
(((16))) (15) A facilitator surcharge of ((ten)) up to twenty
dollars must be charged as authorized under RCW 26.12.240.
(((17))) (16) For filing a water rights statement under RCW
90.03.180, a fee of twenty-five dollars must be charged.
(((18))) (17) For filing a claim of frivolous lien under RCW
60.04.081, a fee of thirty-five dollars must be charged.
(18) For preparation of a change of venue, a fee of twenty dollars
must be charged by the originating court in addition to the per page
charges in subsection (4) of this section.
(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.
(((19))) (20) For preparation of clerk's papers under RAP 9.7, a
fee of fifty cents per page must be charged.
(((20))) (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.
(((21))) (22) Investment service charge and earnings under RCW
36.48.090 must be charged.
(((22))) (23) Costs for nonstatutory services rendered by clerk by
authority of local ordinance or policy must be charged.
(((23))) (24) For filing a request for mandatory arbitration, a
filing fee may be assessed against the party filing a statement of
arbitrability not to exceed two hundred twenty dollars as established
by authority of local ordinance. This charge shall be used solely to
offset the cost of the mandatory arbitration program.
(((24))) (25) 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.
(26) For the filing of a will or codicil under the provisions of
chapter 11.12 RCW, a fee of twenty dollars must be charged.
The revenue to counties from the fees established in this section
shall be deemed to be complete reimbursement from the state for the
state's share of benefits paid to the superior court judges of the
state prior to the effective date of this section, and no claim shall
lie against the state for such benefits.
Sec. 19 RCW 36.18.020 and 2000 c 9 s 1 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) 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, and any party filing a counterclaim,
cross-claim, or third-party claim in any such civil action, shall pay,
at the time the paper is filed, a fee of ((one)) two 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)) forty-five 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))
forty-five 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)) two hundred ((ten)) dollars.
(c) For filing of a petition for judicial review as required under
RCW 34.05.514 a filing fee of ((one)) two hundred ((ten)) dollars.
(d) For filing of a petition for unlawful harassment under RCW
10.14.040 a filing fee of ((forty-one)) fifty-three 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)) two 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)) two 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)) two 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)) two
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. 20 (1) The sum of two million three hundred
thousand dollars, or as much thereof as may be necessary, is
appropriated from the equal justice subaccount of the public safety and
education account to the office of public defense for the fiscal
biennium ending June 30, 2007, solely for the purpose of criminal
indigent defense assistance and enhancement in the trial courts. Of
this amount, one million dollars is provided solely for a criminal
indigent defense pilot program for persons charged with felony or
misdemeanor offenses. The pilot program shall include the following:
Effective implementation of indigency screening; enhanced defense
attorney practice standards; and use of investigative and expert
services.
(2) The sum of five million dollars, or as much thereof as may be
necessary, is appropriated from the equal justice subaccount of the
public safety and education account to the office of public defense for
the fiscal biennium ending June 30, 2007, solely for the purpose of
representation of parents in dependency and termination proceedings.
(3) The sum of three million dollars, or as much thereof as may be
necessary, is appropriated from the equal justice subaccount of the
public safety and education account to the office of civil legal aid
for the fiscal biennium ending June 30, 2007, solely for the purpose of
civil legal representation of indigent persons.
(4) The sum of two million four hundred thousand dollars is
appropriated from the equal justice subaccount of the public safety and
education account to the administrator for the courts for the fiscal
biennium ending June 30, 2007, solely for the purposes of district
court judges' and elected municipal court judges' salary contributions.