2SHB 2557 -
By Senator Kline and Carrell
ADOPTED 03/05/2008
Strike everything after the enacting clause and insert the following:
Sec. 1 RCW 3.66.020 and 2007 c 46 s 1 are each amended to read as
follows:
If the value of the claim or the amount at issue does not exceed
((fifty)) seventy-five thousand dollars, exclusive of interest, costs,
and attorneys' fees, the district court shall have jurisdiction and
cognizance of the following civil actions and proceedings:
(1) Actions arising on contract for the recovery of money;
(2) Actions for damages for injuries to the person, or for taking
or detaining personal property, or for injuring personal property, or
for an injury to real property when no issue raised by the answer
involves the plaintiff's title to or possession of the same and actions
to recover the possession of personal property;
(3) Actions for a penalty;
(4) Actions upon a bond conditioned for the payment of money, when
the amount claimed does not exceed fifty thousand dollars, though the
penalty of the bond exceeds that sum, the judgment to be given for the
sum actually due, not exceeding the amount claimed in the complaint;
(5) Actions on an undertaking or surety bond taken by the court;
(6) Actions for damages for fraud in the sale, purchase, or
exchange of personal property;
(7) Proceedings to take and enter judgment on confession of a
defendant;
(8) Proceedings to issue writs of attachment, garnishment and
replevin upon goods, chattels, moneys, and effects;
(9) Actions arising under the provisions of chapter 19.190 RCW;
(10) Proceedings to civilly enforce any money judgment entered in
any municipal court or municipal department of a district court
organized under the laws of this state; and
(11) All other actions and proceedings of which jurisdiction is
specially conferred by statute, when the title to, or right of
possession of, real property is not involved.
Sec. 2 RCW 12.40.010 and 2001 c 154 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 ((four)) five thousand dollars.
Sec. 3 RCW 3.50.003 and 1984 c 258 s 125 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "City" means an incorporated city or town.
(2) "Contracting city" means any city that contracts with a hosting
jurisdiction for the delivery of judicial services.
(3) "Hosting jurisdiction" means a county or city designated in an
interlocal agreement as receiving compensation for providing judicial
services to a contracting city.
(4) "Mayor((,))" ((as used in this chapter,)) means the mayor, city
manager, or other chief administrative officer of the city.
NEW SECTION. Sec. 4 A new section is added to chapter 3.50 RCW
to read as follows:
A city may meet the requirements of RCW 39.34.180 by entering into
an interlocal agreement with the county in which the city is located or
with one or more cities.
Sec. 5 RCW 3.50.020 and 2005 c 282 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. A hosting jurisdiction shall
have exclusive original criminal and other jurisdiction as described in
this section for all matters filed by a contracting city. 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. A municipal court participating in the program established
by the administrative office of the courts pursuant to RCW 2.56.160
shall have jurisdiction to take recognizance, approve bail, and arraign
defendants held within its jurisdiction on warrants issued by any court
of limited jurisdiction participating in the program.
Sec. 6 RCW 3.42.020 and 1984 c 258 s 31 are each amended to read
as follows:
Each district court commissioner shall have such power, authority,
and jurisdiction in criminal and civil matters as the appointing judges
possess and shall prescribe, except that when serving as a
commissioner, the commissioner does not have authority to preside over
trials in criminal matters, or jury trials in civil matters unless
agreed to on the record by all parties.
Sec. 7 RCW 3.34.110 and 1984 c 258 s 17 are each amended to read
as follows:
(1) A district ((judge)) court judicial officer shall not ((act as
judge)) preside in any of the following cases:
(((1))) (a) In an action to which the ((judge)) judicial officer is
a party, or in which the ((judge)) judicial officer is directly
interested, or in which the ((judge)) judicial officer has been an
attorney for a party.
(((2))) (b) When the ((judge)) judicial officer or one of the
parties believes that the parties cannot have an impartial trial or
hearing before the ((judge)) judicial officer. The judicial officer
shall disqualify himself or herself under the provisions of this
section if, before any discretionary ruling has been made, a party
files an affidavit that the party cannot have a fair and impartial
trial or hearing by reason of the interest or prejudice of the judicial
officer. The following are not considered discretionary rulings: (i)
The arrangement of the calendar; (ii) the setting of an action, motion,
or proceeding for hearing or trial; (iii) the arraignment of the
accused; or (iv) the fixing of bail and initially setting conditions of
release. Only one change of ((judges shall be)) judicial officer is
allowed each party ((under this subsection)) in an action or
proceeding.
(2) When a ((judge)) judicial officer is disqualified under this
section, the case shall be heard before another ((judge or judge pro
tempore)) judicial officer of the same county.
(3) For the purposes of this section, "judicial officer" means a
judge, judge pro tempore, or court commissioner.
Sec. 8 RCW 3.50.075 and 1994 c 10 s 1 are each amended to read as
follows:
(1) One or more court commissioners may be appointed by a judge of
the municipal court.
(2) Each commissioner holds office at the pleasure of the
appointing judge.
(3) A commissioner authorized to hear or dispose of cases must be
a lawyer who is admitted to practice law in the state of Washington or
a nonlawyer who has passed, by January 1, 2003, the qualifying
examination for lay judges for courts of limited jurisdiction under RCW
3.34.060.
(4) On or after July 1, 2010, when serving as a commissioner, the
commissioner does not have authority to preside over trials in criminal
matters, or jury trials in civil matters unless agreed to on the record
by all parties.
(5) A commissioner need not be a resident of the city or of the
county in which the municipal court is created. When a court
commissioner has not been appointed and the municipal court is presided
over by a part-time appointed judge, the judge need not be a resident
of the city or of the county in which the municipal court is created.
NEW SECTION. Sec. 9 A new section is added to chapter 3.50 RCW
to read as follows:
(1) A municipal court judicial officer shall not preside in any of
the following cases:
(a) In an action to which the judicial officer is a party, or in
which the judicial officer is directly interested, or in which the
judicial officer has been an attorney for a party.
(b) When the judicial officer or one of the parties believes that
the parties cannot have an impartial trial or hearing before the
judicial officer. The judicial officer shall disqualify himself or
herself under the provisions of this section if, before any
discretionary ruling has been made, a party files an affidavit that the
party cannot have a fair and impartial trial or hearing by reason of
the interest or prejudice of the judicial officer. The following are
not considered discretionary rulings: (i) The arrangement of the
calendar; (ii) the setting of an action, motion, or proceeding for
hearing or trial; (iii) the arraignment of the accused; or (iv) the
fixing of bail and initially setting conditions of release. Only one
change of judicial officer is allowed each party in an action or
proceeding.
(2) When a judicial officer is disqualified under this section, the
case shall be heard before another judicial officer of the
municipality.
(3) For the purposes of this section, "judicial officer" means a
judge, judge pro tempore, or court commissioner.
NEW SECTION. Sec. 10 A new section is added to chapter 35.20 RCW
to read as follows:
(1) A municipal court judicial officer shall not preside in any of
the following cases:
(a) In an action to which the judicial officer is a party, or in
which the judicial officer is directly interested, or in which the
judicial officer has been an attorney for a party.
(b) When the judicial officer or one of the parties believes that
the parties cannot have an impartial trial or hearing before the
judicial officer. The judicial officer shall disqualify himself or
herself under the provisions of this section if, before any
discretionary ruling has been made, a party files an affidavit that the
party cannot have a fair and impartial trial or hearing by reason of
the interest or prejudice of the judicial officer. The following are
not considered discretionary rulings: (i) The arrangement of the
calendar; (ii) the setting of an action, motion, or proceeding for
hearing or trial; (iii) the arraignment of the accused; or (iv) the
fixing of bail and initially setting conditions of release. Only one
change of judicial officer is allowed each party in an action or
proceeding.
(2) When a judicial officer is disqualified under this section, the
case shall be heard before another judicial officer of the
municipality.
(3) For the purposes of this section, "judicial officer" means a
judge, judge pro tempore, or court commissioner.
NEW SECTION. Sec. 11 A new section is added to chapter 3.46 RCW
to read as follows:
A municipality operating a municipal department under this chapter
prior to July 1, 2008, may continue to operate as if this act was not
adopted. Such municipal departments shall remain subject to the
provisions of this chapter as this chapter was written prior to the
adoption of this act.
NEW SECTION. Sec. 12 The following acts or parts of acts are
each repealed:
(1) RCW 3.46.010 (Municipal department authorized) and 1984 c 258
s 72 & 1961 c 299 s 35;
(2) RCW 3.46.020 (Judges) and 1987 c 3 s 1, 1984 c 258 s 73, & 1961
c 299 s 36;
(3) RCW 3.46.030 (Jurisdiction) and 2005 c 282 s 13, 2000 c 111 s
5, 1985 c 303 s 13, & 1961 c 299 s 37;
(4) RCW 3.46.040 (Petition) and 1984 c 258 s 74 & 1961 c 299 s 38;
(5) RCW 3.46.050 (Selection of full time judges) and 1975 c 33 s 2
& 1961 c 299 s 39;
(6) RCW 3.46.060 (Selection of part time judges) and 1984 c 258 s
75 & 1961 c 299 s 40;
(7) RCW 3.46.063 (Judicial positions--Filling--Circumstances
permitted) and 1993 c 317 s 3;
(8) RCW 3.46.067 (Judges--Residency requirement) and 1993 c 317 s
5;
(9) RCW 3.46.070 (Election) and 1984 c 258 s 76 & 1961 c 299 s 41;
(10) RCW 3.46.080 (Term and removal) and 1984 c 258 s 77 & 1961 c
299 s 42;
(11) RCW 3.46.090 (Salary -- City cost) and 1984 c 258 s 78, 1969
ex.s. c 66 s 5, & 1961 c 299 s 43;
(12) RCW 3.46.100 (Vacancy) and 1984 c 258 s 79 & 1961 c 299 s 44;
(13) RCW 3.46.110 (Night sessions) and 1961 c 299 s 45;
(14) RCW 3.46.120 (Revenue -- Disposition -- Interest) and 2004 c 15 s
7, 1995 c 291 s 2, 1988 c 169 s 1, 1985 c 389 s 3, 1984 c 258 s 303,
1975 1st ex.s. c 241 s 4, & 1961 c 299 s 46;
(15) RCW 3.46.130 (Facilities) and 1961 c 299 s 47;
(16) RCW 3.46.140 (Personnel) and 1961 c 299 s 48;
(17) RCW 3.46.145 (Court commissioners) and 1969 ex.s. c 66 s 6;
(18) RCW 3.46.150 (Termination of municipal department -- Transfer
agreement -- Notice) and 2005 c 433 s 33, 2001 c 68 s 2, 1984 c 258 s
210, & 1961 c 299 s 49;
(19) RCW 3.46.160 (City trial court improvement account -- Contributions to account by city -- Use of funds) and 2005 c 457 s 2;
(20) RCW 3.42.030 (Transfer of cases to district judge) and 2000 c
164 s 1, 1984 c 258 s 32, & 1961 c 299 s 33; and
(21) RCW 3.50.007 (Cities and towns of four hundred thousand or
less to operate municipal court under this chapter or chapter 3.46
RCW -- Municipal judges in office on July 1, 1984 -- Terms) and 1984 c 258
s 102.
NEW SECTION. Sec. 13 This act takes effect July 1, 2008.
NEW SECTION. Sec. 14 Subheadings used in this act are not any
part of the law."
2SHB 2557 -
By Senator Kline and Carrell
ADOPTED 03/05/2008
On page 1, line 1 of the title, after "courts;" strike the remainder of the title and insert "amending RCW 3.66.020, 12.40.010, 3.50.003, 3.50.020, 3.42.020, 3.34.110, and 3.50.075; adding new sections to chapter 3.50 RCW; adding a new section to chapter 35.20 RCW; adding a new section to chapter 3.46 RCW; creating a new section; repealing RCW 3.46.010, 3.46.020, 3.46.030, 3.46.040, 3.46.050, 3.46.060, 3.46.063, 3.46.067, 3.46.070, 3.46.080, 3.46.090, 3.46.100, 3.46.110, 3.46.120, 3.46.130, 3.46.140, 3.46.145, 3.46.150, 3.46.160, 3.42.030, and 3.50.007; and providing an effective date."
EFFECT: Amends the limitation that court commissioners may not
preside over criminal trials or civil jury trials unless agreed to by
all parties: This limitation does not become effective as to those
municipal court commissioners addressed in the bill (i.e.,
commissioners in all municipal courts other than Seattle) until July 1,
2010.
Requires that a nonlawyer municipal court commissioner taking the
lay examination for judges must have passed the examination by January
1, 2003, to be authorized to hear or dispose of cases.
Eliminates the null and void clause because this bill requires no
additional state funding.