HOUSE BILL REPORT

HB 1237

BYRepresentatives Appelwick, Patrick, Crane, Moyer, Scott and Schmidt

Changing allowable fees charged by clerks of the superior court.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Belcher, Brough, Dellwo, Hargrove, Inslee, Locke, H. Myers and Scott.

Minority Report:  Do not pass.  (9)

      Signed by Representatives Padden, Ranking Republican Member; Inslee, P. King, R. Meyers, Moyer, Patrick, Schmidt, D. Sommers and Tate.

House Staff:Steve Masciocchi (786-7377)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Judiciary as amended by Committee on Appropriations be substituted therefor and the substitute bill as amended do pass. (19)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; Appelwick, Belcher, Braddock, Brekke, Bristow, Dorn, Ebersole, Hine, May, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass. (6)

      Signed by Representatives Silver, Ranking Republican Member; Bowman, May, McLean, Nealey and Padden.

House Staff:      Nancy Stevenson (786-7136)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS MARCH 4, 1989

BACKGROUND:

The county clerk in each county collects fees for services performed in superior court.  Those fees, which are set by statute, include a $78 filing fee for initiating a lawsuit.  The fee for a jury demand is currently $25 for a six person jury and $50 for a 12 person jury.

The federal legal services corporation currently funds three legal service organization which provide civil representation to indigent persons.  County public defenders represent indigent persons in dependency proceedings.

SUMMARY:

SUBSTITUTE BILL:  The substitute bill raises the filing fee for initiating a lawsuit from $78 to $100.  This filing fee may be waived upon affidavit by persons unable to pay due to financial hardship. The fee for a jury demand is raised from $25 to $50 for a six person jury, and from $50 to $100 for a 12 person jury.

The substitute also creates an indigent legal assistance fund. This fund is a revolving fund which is not subject to legislative appropriation.  The revenue obtained from the $22 filing fee increase is deposited in the indigent legal assistance fund.  The Department of Community Development is to distribute these monies as follows: 72 percent to non-profit organizations which meet legal services corporation funding guidelines; and 28 percent to public defenders for the purpose of providing representation for indigent persons in dependency proceedings.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill raised superior court fees for a variety of court services, but did not raise either the filing fee for initiating a lawsuit or the fees for a jury demand.  The substitute bill eliminates all the fee increases in the original bill, increases the filing fee for initiating a lawsuit, and increases the fees for a jury demand. The substitute also establishes a revolving fund for indigent legal assistance to be funded by the filing fee increase.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  The indigent legal assistance fund is changed to an appropriated account and $2.2 million is appropriated from the account.

Appropriation:    $2,200,000.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Requested March 2, 1989.

House Committee ‑ Testified For:    (Judiciary) Will Roarty and George Zweibel, Washington State Bar Legal Aid Committee; Barbara Clark, Legal Foundation of Washington; Jim Bamberger, Spokane Legal Services; Jan Michels, King County Judicial Administrator; Pat Thibaudeau, Washington Women United; Jim Goche, Washington Association of County Officials.

(Appropriations) None Presented.

House Committee - Testified Against:      (Judiciary) Dan Hunter and Pat Mitchell, Washington Collectors Association.

(Appropriations) None Presented.

House Committee - Testimony For:    (Judiciary) Many of these fees have not been raised in 20 years.

(Appropriations) None Presented.

House Committee - Testimony Against:      (Judiciary) There is no justification for these fee increases.  These increases add costs to the victims who cannot always recover costs from a judgment debtor.

(Appropriations) None Presented.