BILL REQ. #:  H-4830.1 

READ FIRST TIME 01/24/08.   

     AN ACT Relating to improving the operation of the trial courts; amending RCW 3.66.020, 12.40.010, 3.50.003, 3.50.020, 3.42.020, 3.34.110, 3.50.075, and 35.20.155; 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 new sections; 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; providing an effective date; and providing an expiration date.

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

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) 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. 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.

Sec. 10   RCW 35.20.155 and 1996 c 16 s 3 are each amended to read as follows:
     When so authorized by the city legislative authority, the judges of the city may appoint one or more municipal court commissioners. A commissioner must be a registered voter of the city, and shall hold office at the pleasure of the appointing judges. A person appointed as a commissioner authorized to hear or dispose of cases must be a lawyer who is admitted to the practice of law in the state of Washington. A commissioner has such power, authority, and jurisdiction in criminal and civil matters as the appointing judges possess and may 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.

NEW SECTION.  Sec. 11   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. 12   (1)(a) A legislative task force on access to justice for victims of domestic violence and harassment is established. The task force shall consist of the following thirteen members:
     (i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (ii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (iii) One superior court judge, appointed by the superior court judges association;
     (iv) One district court judge and one municipal court judge, appointed by the district and municipal court judges association;
     (v) One representative of municipalities, appointed by the association of Washington cities;
     (vi) One representative of counties, appointed by the Washington state association of counties;
     (vii) One representative of domestic violence victims, appointed by the Washington state coalition against domestic violence;
     (viii) One representative of the criminal defense bar, appointed jointly by the Washington association of criminal defense lawyers and the Washington defenders association;
     (ix) One representative of prosecuting attorneys, appointed by the Washington association of prosecuting attorneys; and
     (x) One representative of law enforcement, appointed by the Washington association of sheriffs and police chiefs.
     (b) The task force shall choose its chair from among its legislative membership.
     (2) The task force shall examine ways to improve access to the courts of limited jurisdiction for victims of domestic violence and harassment. Issues the task force shall review include:
     (a) Necessary victim support and advocacy services available at or through the court;
     (b) Desirable training requirements for judicial officers and other court personnel involved in domestic violence and antiharassment matters;
     (c) Necessary infrastructure, such as facilities and security, for the handling of domestic violence and antiharassment matters; and
     (d) Effective coordination between the various trial courts within the jurisdiction in providing access to victims seeking protection orders, including issues relating to the potential for overlapping or redundant court services in the jurisdiction and possible cost sharing or reimbursement arrangements for handling domestic violence and antiharassment matters.
     (3) Staff support for the task force shall be provided by senate committee services and the house of representatives office of program research.
     (4) Legislative members of the task force are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (5) The expenses of the task force shall be paid jointly by the senate and the house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.
     (6) The task force shall report its findings and recommendations to the appropriate committees of the legislature by December 1, 2008.
     (7) This section expires December 31, 2008.

NEW SECTION.  Sec. 13   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. 14   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. 15   This act takes effect July 1, 2008.

NEW SECTION.  Sec. 16   Subheadings used in this act are not any part of the law.