FINAL BILL REPORT

SHB 1617

C 140 L 15

Synopsis as Enacted

Brief Description: Concerning the use of the judicial information system by courts before granting certain orders.

Sponsors: House Committee on Judiciary (originally sponsored by Representatives Rodne, Goodman and Jinkins).

House Committee on Judiciary

Senate Committee on Law & Justice

Background:

The Judicial Information System (JIS) is a statewide information system for courts in Washington. The JIS contains information regarding family law actions and other civil cases, criminal history, pending criminal charges, and outstanding warrants. The JIS also includes information relating to protection, no-contact, and restraining orders, including those issued in proceedings involving domestic violence, sexual assault, harassment, family law, and vulnerable adults. Information related to these orders includes the names of the parties, the cause number, the criminal histories of the parties, and any other relevant information necessary to assist courts. The statutorily stated purpose for having this information available in the JIS is to prevent the issuance of competing protection orders and to provide courts with needed information for issuance of protection orders.

Rules regarding ex parte communications prohibit judges from receiving or seeking factual information from outside of the record of a pending case except in limited situations, including when authorized by law to do so. Courts are required or permitted to consult the JIS in certain circumstances, for example, when entering orders for permanent parenting plans or child custody and when entering certain protection orders.

Summary:

Prior to entering certain types of orders, the court may consult the JIS or related databases, if available, to review criminal history or to determine whether other proceedings involving the parties are pending. Specifically, the court may consult the JIS or another database when granting any of the following orders:

• a temporary or final order establishing a parenting plan, making a residential determination concerning a child, or restricting a party's contact with a child;

• an order regarding a vulnerable child or adult, or a person who is an alleged incapacitated person in a guardianship proceeding, regardless of the type of order;

• an order granting letters of guardianship or appointing an administrator of an estate;

• an order granting relief under the statutory provisions regarding civil commitment, sexually violent predators, and other matters related to mental illness;

• an order granting relief in a juvenile proceeding; or

• an order of protection or criminal no-contact order for sexual assault, stalking, antiharassment, or domestic violence, or a foreign protection order.

In the event that the court does consult the JIS or a related database, the court must disclose to the parties the fact that the database was consulted. In addition, the court must disclose any matters that the court relied upon in rendering a decision and file a copy of the document relied upon within the court file. The document must be filed as a confidential document with any confidential contact or location information redacted.

Votes on Final Passage: