2002 Revised Code of Washington
Volume 1: Titles 1 through 17


Download as PDF VOLUME 1 Titles 1 through 17 2002 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2002 regular session, which adjourned sine die March 14, 2002. (2002 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2002 Edition © 2002 State of Washington CERTIFICATE The 2002 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. JOHN G. SCHULTZ, Chair, STATUTE LAW COMMITTEE [Preface—p ii] (2002 Ed.) PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections so that for a time new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington’s Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington’s, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the Rules of Court and the State Constitution. Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are tabulated in numerical order in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington’s Revised Statutes. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, within the limits of available time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2002 Ed.) [Preface—p iii] TITLES OF THE REVISED CODE OF WASHINGTON 1 2 3 4 5 6 7 8 9 9A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 23B 24 25 26 27 28A 28B 28C 29 30 31 32 33 34 35 35A 36 37 38 39 40 41 42 43 44 46 General provisions Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders Aeronautics Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships Domestic relations Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education Elections Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative Highways and motor vehicles Motor vehicles [Preface—p iv] 47 48 Public highways and transportation Insurance Labor 49 Labor regulations 50 Unemployment compensation 51 Industrial insurance Local service districts 52 Fire protection districts 53 Port districts 54 Public utility districts 55 Sanitary districts 57 Water-sewer districts Property rights and incidents 58 Boundaries and plats 59 Landlord and tenant 60 Liens 61 Mortgages, deeds of trust, and real estate contracts 62A Uniform Commercial Code 63 Personal property 64 Real property and conveyances 65 Recording, registration, and legal publication Public health, safety, and welfare 66 Alcoholic beverage control 67 Sports and recreation—Convention facilities 68 Cemeteries, morgues, and human remains 69 Food, drugs, cosmetics, and poisons 70 Public health and safety 71 Mental illness 71A Developmental disabilities 72 State institutions 73 Veterans and veterans’ affairs 74 Public assistance Public resources 76 Forests and forest products 77 Fish and wildlife 78 Mines, minerals, and petroleum 79 Public lands 79A Public recreational lands Public service 80 Public utilities 81 Transportation Taxation 82 Excise taxes 83 Estate taxation 84 Property taxes Waters 85 Diking and drainage 86 Flood control 87 Irrigation 88 Navigation and harbor improvements 89 Reclamation, soil conservation, and land settlement 90 Water rights—Environment 91 Waterways (2002 Ed.) Title 1 GENERAL PROVISIONS Chapters 1.04 1.08 1.12 1.16 1.20 1.40 1.50 1.60 The code. Statute law committee (Code reviser). Rules of construction. General definitions. General provisions. State medal of merit. Washington gift of life award. Medal of valor. Chapter 1.04 THE CODE Sections 1.04.010 1.04.013 1.04.014 1.04.015 1.04.016 1.04.020 Revised Code of Washington enacted. 1950 Supplement enacted. Numbering system adopted—Application. Numbering new sections, chapters—Corrections. Expansion of numbering system—Decimal factor. Code as evidence of the law—Rule of construction—Effect of amendment. 1.04.021 Rule of construction—Prima facie law. 1.04.030 New laws to be added to code. 1.04.040 Code may be cited as "RCW." Code reviser: Chapter 1.08 RCW. Legislature to amend or repeal laws by reference to code numbers: RCW 1.08.050. Statute law committee: Chapter 1.08 RCW. 1.04.010 Revised Code of Washington enacted. The ninety-one titles with chapters and sections designated as the "Revised Code of Washington" and attested by the secretary of the senate and the chief clerk of the house of representatives of the legislature of the state of Washington, are hereby enacted and designated as the "Revised Code of Washington." Said code is intended to embrace in a revised, consolidated, and codified form and arrangement all the laws of the state of a general and permanent nature. [1951 c 5 § 2; 1950 ex.s. c 16 § 1.] Creation of new code titles authorized, effect: RCW 1.08.015. 1.04.013 1950 Supplement enacted. The titles, chapters, and sections designated as the "1950 Supplement to the Revised Code of Washington" attested by the secretary of the senate and the chief clerk of the house of representatives of the legislature of the state of Washington, and filed with the secretary of state, are hereby enacted and consolidated into and with the Revised Code of Washington. Said 1950 supplement is intended to embrace (1) in a revised and codified form, all those laws of the state of Washington of a general and permanent nature enacted since January 1, 1949, (2) revision and recodification of certain of the titles, chapters, and sections of the revised code, and (3) application of a new system of numbering to all of the sections and (2002 Ed.) certain of the chapters of the revised code, subject to RCW 1.04.014. [1951 c 5 § 1.] 1.04.014 Numbering system adopted—Application. The system of numbering employed in the 1950 supplement is hereby adopted as the general system to be followed in designating sections of the revised code. Specific numbers, in accordance with such system, are authorized to be assigned to sections of the revised code as follows: Those chapters and sections of the revised code expressly numbered or renumbered in the 1950 supplement are authorized to be numbered or renumbered to the new number respectively shown in the 1950 supplement. All other sections of the revised code now existing are authorized to be renumbered by tens according to the plan generally used in the 1950 supplement, using the number of the title, the new number, if any, of the chapter in which the section occurs, and adding the digit "0" to the terminal end of the number marking the position of the section within the chapter. The secretary of state shall, before publication of any laws enacted at this session of the legislature which are by their terms expressly amendatory of any section or sections contained in the revised code or the 1950 supplement, renumber each section and correlate the numbers of sections so renumbered, in accordance with this provision, so that each such section when published bears or is referred to by its proper new number. The secretary of state, in publishing the session laws of this thirty-second session of the legislature shall use therein the applicable new numbers of the respective sections so renumbered. [1951 c 5 § 3.] 1.04.015 Numbering new sections, chapters— Corrections. New chapters or sections added to the Revised Code of Washington (as supplemented or modified by the 1950 supplement), as the result of laws enacted at this or subsequent sessions of the legislature, shall be numbered in harmony with said general numbering system, and shall bear such respective numbers in accordance therewith as may be assigned by such official or agency as may be expressly authorized by law so to do. This section shall not prohibit or prevent the correction by any such official or agency, of the number of any section of the revised code found clearly to be incorrectly numbered or incorrectly correlated with other sections as to number. [1951 c 5 § 4.] 1.04.016 Expansion of numbering system—Decimal factor. It is the intent that under said numbering system the section factor of the section number shall be treated as a decimal figure, and where new sections must hereafter in codifying be inserted between sections then already consecutively numbered, the proper number for such new section shall be created by the insertion of an additional digit at the [Title 1 RCW—page 1] 1.04.016 Title 1 RCW: General Provisions terminal end of the number of the section immediately preceding the location at which such new section is to be inserted. [1951 c 5 § 5.] 1.04.020 Code as evidence of the law—Rule of construction—Effect of amendment. The contents of the Revised Code of Washington, after striking therefrom sections repealed or superseded by laws of the state of Washington enacted since January 1, 1949, as the revised code is supplemented or modified in the 1950 supplement, shall establish the laws of this state of a general and permanent nature in effect on January 1, 1951; except, that nothing herein shall be construed as changing the meaning of any such laws and, as a rule of construction, in case of any omissions or any inconsistency between any of the provisions of the revised code as so supplemented or modified and the laws existing immediately preceding this enactment, the previously existing laws shall control. Any section of the Revised Code of Washington (as supplemented or modified by the 1950 supplement) expressly amended by the legislature, including the entire context set out, shall, as so amended, constitute the law and the ultimate declaration of legislative intent. [1951 c 5 § 6.] 1.04.021 Rule of construction—Prima facie law. The contents of said code shall establish prima facie the laws of this state of a general and permanent nature in effect on January 1, 1949, but nothing herein shall be construed as changing the meaning of any such laws. In case of any omissions, or any inconsistency between any of the provisions of said code and the laws existing immediately preceding this enactment, the previously existing laws shall control. [1950 ex.s. c 16 § 2.] 1.04.030 New laws to be added to code. All laws of a general and permanent nature enacted after January 1, 1949, shall, from time to time, be incorporated into and become a part of said code. [1950 ex.s. c 16 § 3.] 1.04.040 Code may be cited as "RCW." The code may be cited by the abbreviation "RCW." [1950 ex.s. c 16 § 4.] Chapter 1.08 STATUTE LAW COMMITTEE (CODE REVISER) Sections 1.08.001 1.08.003 1.08.005 1.08.007 1.08.011 1.08.013 1.08.015 1.08.016 1.08.017 1.08.020 1.08.021 1.08.023 1.08.024 1.08.025 Statute law committee created—Membership. Terms of members—Filling vacancies. Compensation and expenses of members. Committee meetings—Quorum—Secretary. Employment of code reviser and staff—Supervision. Code reviser defined. Codification and revision of laws—Scope of revision. Code correction—Committee orders. May omit certain sections of acts. Code index. Historical records. Annotations. Inclusion in code of rules of court. Improvement of statutes. [Title 1 RCW—page 2] 1.08.026 Examination of code—Hearings—Recommendations to legislature. 1.08.027 Bill drafting service. 1.08.028 Opinions as to validity or constitutionality. 1.08.031 Information service to legislators. 1.08.033 Reviser’s office location. 1.08.037 Publication of code—Specifications—Certificate of compliance. 1.08.038 Publication, sale, and distribution of code and supplements—Reprints. 1.08.039 Publication, sale, and distribution of code and supplements—Contracts or other arrangements. 1.08.0392 Publication, sale, and distribution of code and supplements—Statute law committee publications account created—Purpose—Disbursements. 1.08.040 Certification—Official code—Prima facie evidence. 1.08.050 Amendment, repeal to include code numbers—Assignment of code numbers. 1.08.060 Loans and exchanges of codes and supplements. 1.08.070 Legislators to receive codes and supplements. 1.08.110 Publication of Washington state register—Rule-making authority. 1.08.112 Report on rule-making activity. 1.08.120 Substitution of words designating department or secretary of transportation. Administrative procedures, reviser’s powers and duties: Chapter 34.05 RCW. Statute law committee to publish session laws: Chapter 44.20 RCW. Voter registration, copy of statewide computer tape provided to statute law committee: RCW 29.04.160. 1.08.001 Statute law committee created— Membership. There is created a permanent statute law committee consisting of twelve lawyer members as follows: A lawyer member of the legislature, ex officio, designated by the speaker of the house of representatives with the concurrence of the president of the senate; the chairman of the senate judiciary committee, ex officio, or a member thereof who belongs to the same political party as the chairman, and one other member thereof who belongs to the other major political party, to be appointed by the chairman; the chairman of the house judiciary committee, ex officio, or a member thereof who belongs to the same political party as the chairman, and one other member thereof who belongs to the other major political party, to be appointed by the chairman; five lawyers admitted to practice in this state, designated by the board of governors of the Washington State Bar Association; a judge of the supreme court or a lawyer who has been admitted to practice in this state, recommended by the chief justice of the supreme court; and a lawyer member at large appointed by the governor. All such designations or appointments, shall except as provided in RCW 1.08.003, be made as above provided prior to April 1, 1959. [1967 ex.s. c 124 § 1; 1959 c 95 § 1; 1955 c 235 § 1; 1953 c 257 § 1; 1951 c 157 § 1.] Severability—1955 c 235: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1955 c 235 § 10.] 1.08.003 Terms of members—Filling vacancies. The terms of the members designated by the State Bar Association, shall be for six years. The term of the member recommended by the chief justice shall be at the pleasure of the supreme court. The term of the governor’s appointee shall be four years. The term of the senate and house judiciary committee members shall be two years, from April (2002 Ed.) Statute Law Committee (Code Reviser) 1st following the adjournment of the regular session of the legislature in each odd-numbered year starting in 1955 and to and including the thirty-first day of March in the succeeding odd-numbered year. The term of any ex officio member, other than senate and house judiciary committee members shall expire upon expiration of tenure of the position by virtue of which he is a member of the committee. Vacancies shall be filled by designation, appointment, or ex officio in the same manner as for the member so vacating, and if a vacancy results other than from expiration of a term, the vacancy shall be filled for the unexpired term. Of the members to be designated by the Washington State Bar Association, the term of one member shall expire March 31, 1959, the terms of two members shall expire March 31, 1961, the terms of two members shall expire March 31, 1963, and the term of one member shall expire March 31, 1965: PROVIDED, That this 1959 amendment shall not affect the present terms of present members. [1959 c 95 § 2; 1955 c 235 § 2; 1953 c 257 § 2; 1951 c 157 § 2.] 1.08.005 Compensation and expenses of members. For attendance at meetings of the committee or in attending to such other business of the committee as may be authorized thereby, each legislative member of the committee shall receive the per diem and travel allowances provided for such members by RCW 44.04.120, and each other member shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [1984 c 287 § 6; 1969 c 21 § 1; 1951 c 157 § 3.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 1.08.007 Committee meetings—Quorum—Secretary. The committee shall meet at the call of the senate judiciary chairman as soon as feasible after April 1, 1953. The committee shall from time to time elect a chairman from among its members, and adopt rules to govern its procedures. Four members of the committee shall constitute a quorum for the transaction of any business but no proceeding of the committee shall be valid unless carried by the vote of a majority of the members present. The reviser or a member of his staff shall act as secretary of the committee. [1953 c 257 § 3; 1951 c 157 § 4.] 1.08.011 Employment of code reviser and staff— Supervision. The committee shall, as soon as practicable after April 1, 1951, employ on behalf of the state, and from time to time fix the compensation of a competent code reviser, with power to terminate any such employment at any time, subject to contract rights. The committee shall also employ on behalf of the state and fix the compensation of such additional legal and clerical assistance to the code reviser as may reasonably be required under this chapter. The committee shall have general supervision and control over the functions and performance of the reviser. [1951 c 157 § 5.] 1.08.013 Code reviser defined. Code reviser shall mean any lawyer or law publisher employing competent (2002 Ed.) 1.08.003 lawyers, each deemed by the committee to be qualified to compile the statutory law of the state of Washington as enacted by the legislature into a code or compilation of laws by title, chapter and section, without substantive change or alteration of purpose or intent. [1951 c 157 § 6.] 1.08.015 Codification and revision of laws—Scope of revision. Subject to such general policies as may be promulgated by the committee and to the general supervision of the committee, the reviser shall: (1) Codify for consolidation into the Revised Code of Washington all laws of a general and permanent nature heretofore or hereafter enacted by the legislature, and assign permanent numbers as provided by law to all new titles, chapters, and sections so added to the revised code. (2) Edit and revise such laws for such consolidation, to the extent deemed necessary or desirable by the reviser and without changing the meaning of any such law, in the following respects only: (a) Make capitalization uniform with that followed generally in the revised code. (b) Make chapter or section division and subdivision designations uniform with that followed in the revised code. (c) Substitute for the term "this act," where necessary, the term "section," "part," "code," "chapter," or "title," or reference to specific section or chapter numbers, as the case may require. (d) Substitute for reference to a section of an "act," the proper code section number reference. (e) Substitute for "as provided in the preceding section" and other phrases of similar import, the proper code section number references. (f) Substitute the proper calendar date for "effective date of this act," "date of passage of this act," and other phrases of similar import. (g) Strike out figures where merely a repetition of written words, and substitute, where deemed advisable for uniformity, written words for figures. (h) Rearrange any misplaced statutory material, incorporate any omitted statutory material as well as correct manifest errors in spelling, and manifest clerical or typographical errors, or errors by way of additions or omissions. (i) Correct manifest errors in references, by chapter or section number, to other laws. (j) Correct manifest errors or omissions in numbering or renumbering sections of the revised code. (k) Divide long sections into two or more sections, and rearrange the order of sections to conform to such logical arrangement of subject matter as may most generally be followed in the revised code when to do so will not change the meaning or effect of such sections. (l) Change the wording of section captions, if any, and provide captions to new chapters and sections. (m) Strike provisions manifestly obsolete. (3) Create new code titles, chapters, and sections of the Revised Code of Washington, or otherwise revise the title, chapter and sectional organization of the code, all as may be required from time to time, to effectuate the orderly and logical arrangement of the statutes. Such new titles, chapters, and sections, and organizational revisions, shall have the same force and effect as the ninety-one titles originally [Title 1 RCW—page 3] 1.08.015 Title 1 RCW: General Provisions enacted and designated as the "Revised Code of Washington" pursuant to the code adoption acts codified in chapter 1.04 RCW. [1961 c 246 § 1; 1953 c 257 § 4; 1951 c 157 § 7.] 1.08.016 Code correction—Committee orders. The committee may at any time by order correct any section or portion of the code in any of the respects enumerated in RCW 1.08.015. Orders shall be numbered consecutively and signed by the committee chairman and each order shall be followed by an explanatory note reciting the reason therefor. Unless otherwise prescribed in the orders, each shall become effective ninety days after (1) signing of the order; and (2) filing a summary thereof with the board of governors of the State Bar Association; and (3) the filing thereof with the secretary of state. [1953 c 257 § 5.] 1.08.017 May omit certain sections of acts. The reviser may omit from the code all titles to acts, enacting and repealing clauses, preambles, declarations of emergency, and validity and construction sections unless, in a particular instance, it may be necessary to retain such to preserve the full intent of the law. The omission of validity or construction sections is not intended to, nor shall it change, or be considered as changing, the effect to be given thereto in construing legislation of which such validity and construction sections were a part. Any section so omitted, other than repealing, emergency, or validity provisions, shall be referred to or set forth as an annotation to the applicable sections of the act as codified. [1955 c 235 § 3; 1951 c 157 § 8.] 1.08.020 Code index. The reviser, as soon as practicable, shall compile and thereafter maintain a comprehensive index and from time to time prepare for publication supplements thereto. [1953 c 257 § 7.] 1.08.021 Historical records. The reviser shall prepare and maintain full historical records showing the enactment, amendment, revision, supersession, and repeal of the various sections of the revised code. [1951 c 157 § 9.] 1.08.023 Annotations. The reviser may prepare and maintain complete annotations of court decisions construing the statutes of this state. [1951 c 157 § 10.] 1.08.024 Inclusion in code of rules of court. The committee may provide for inclusion in the published sets of the code the rules of court promulgated by the supreme court. [1953 c 257 § 8.] 1.08.025 Improvement of statutes. The committee, or the reviser with the approval of the committee, shall from time to time make written recommendations to the legislature concerning deficiencies, conflicts, or obsolete provisions in, and need for reorganization or revision of, the statutes, and shall prepare for submission to the legislature, legislation for the correction or removal of such deficiencies, conflicts or obsolete provisions, or to otherwise improve the form or substance of any portion of the statute law of this state as [Title 1 RCW—page 4] the public interest or the administration of the subject may require. Such or similar projects may also be undertaken at the request of the legislature and legislative interim bodies and if such undertaking will not impede the other functions of the committee. All such proposed legislation shall be annotated so as to show the purposes, reasons, and history thereof. [1997 c 41 § 1; 1983 c 52 § 2; 1959 c 95 § 3; 1951 c 157 § 11.] 1.08.026 Examination of code—Hearings— Recommendations to legislature. The committee also shall examine the revised code and from time to time submit to the legislature proposals for enactment of the several titles, chapters and sections thereof, to the end that, as expeditiously as possible, the revised code, and each part thereof, shall constitute conclusive, rather than prima facie evidence of the law. Each such proposal shall be accompanied by explanatory matter. The committee may hold hearings concerning any such proposal or concerning recommendations formulated or to be formulated in accordance with RCW 1.08.025. Proposals or recommendations approved by the committee shall be submitted to the chairman of the house or senate judiciary committee at the commencement of the next succeeding session of the legislature. [1959 c 95 § 4; 1953 c 257 § 9.] 1.08.027 Bill drafting service. The reviser shall be in charge of and shall at all times maintain an expert bill drafting service for the use and benefit of the legislature, its committees and its members. Prior to any session thereof, the legislature shall provide quarters convenient to both houses and shall augment the reviser’s staff with such additional legal and clerical assistance as may be needed to carry out the bill drafting functions of the legislature and pay the cost of such additional staff. Such services shall be confidential and nonpartisan and no member of the bill drafting staff shall advocate for or against any legislative measure. [1953 c 257 § 6; 1951 c 157 § 12.] Initiative measures, review by code reviser: RCW 29.79.015. 1.08.028 Opinions as to validity or constitutionality. Neither the reviser nor any member of his staff shall be required to furnish any written opinion as to the validity or constitutionality of any proposed legislation, which he may be requested to draft or prepare, nor shall any member of the committee be required to pass upon the constitutionality of any matter submitted to it for consideration. [1955 c 235 § 4.] 1.08.031 Information service to legislators. The reviser shall, to the extent reasonably feasible through available facilities and public sources of information, provide objective and factual information in writing to and upon request of any member of the legislature relative to any matter which is or may be the subject of or involved in, legislation. [1951 c 157 § 13.] 1.08.033 Reviser’s office location. The department of public institutions shall provide suitable office and storage (2002 Ed.) Statute Law Committee (Code Reviser) space and facilities for the reviser and his staff at Olympia, at a location convenient to the legislature and to the state law library. [1955 c 235 § 5; 1951 c 157 § 15.] Reviser’s note: Powers and duties of department of public institutions relating to housing of state agencies were repealed by 1955 c 195 § 3 and the director of general administration was vested with these powers and duties in 1955 c 285 § 9. 1.08.037 Publication of code—Specifications— Certificate of compliance. The committee shall from time to time formulate specifications relative to the format, size and style of type, paper stock, number of volumes, method and quality of binding, contents, indexing, and general scope and character of footnotes, and annotations, if any, for any publication for general use of the revised code and supplements thereto. No such publication or the contents thereof, other than such temporary edition as may expressly be authorized by the legislature, shall be received as evidence of the laws of this state unless it complies with such specifications of the committee as are current at the time of publication, including compliance with the section numbering adopted by the reviser under supervision of the statute law committee. If a publication complies with such specifications, the committee shall furnish a certificate of such compliance, executed on behalf of the committee by its chairman, to the publisher, and the certificate shall be reproduced at the beginning of each such volume or supplement. Upon request of any publisher in good faith interested in publishing said code, the committee shall furnish a copy of its current specifications and shall not during the process of any bona fide publication of said code or supplements modify any such specifications, if such modification would result in added expense or material inconvenience to the publisher, without written concurrence therein by such publisher. [1955 c 235 § 6; 1953 c 257 § 14; 1951 c 157 § 14.] 1.08.038 Publication, sale, and distribution of code and supplements—Reprints. The statute law committee shall publish, sell and distribute, and arrange for the publication, sale and distribution of the Revised Code of Washington and of supplements thereto and of such other materials as in their discretion may be incorporated in or appended to the code. They may republish, reprint or authorize the republishing or reprinting of the code or any portion thereof. [1955 c 235 § 7; 1953 c 257 § 11.] 1.08.039 Publication, sale, and distribution of code and supplements—Contracts or other arrangements. The committee may enter into contracts or otherwise arrange for the publication and/or distribution, provided for in RCW 1.08.038, with or without calling for bids, by the public printer or by private printer, upon specifications formulated under the authority of RCW 1.08.037, and upon such basis as the committee deems to be most expeditious and economical. Any such contract may be upon such terms as the committee deems to be most advantageous to the state and to potential purchasers of such publications. The committee shall fix terms and prices for such publications. [1955 c 235 § 8; 1953 c 257 § 12.] (2002 Ed.) 1.08.033 1.08.0392 Publication, sale, and distribution of code and supplements—Statute law committee publications account created—Purpose—Disbursements. For the purposes of financing the production and sale of such of its publications as in the judgment of the statute law committee may be advantageously financed by the use of revolving fund moneys, there is hereby created, and the committee is authorized to maintain, a revolving fund to be known as statute law committee publications account. None of the provisions of RCW 43.01.050 shall be applicable to said fund nor to any moneys received or collected by the committee for publications financed by said fund. All moneys shall be paid from said account by check or voucher in such form and in such manner as shall be prescribed by the committee. [1961 c 246 § 2.] 1.08.040 Certification—Official code—Prima facie evidence. The Revised Code of Washington containing the certificate of the temporary code committee and any supplement or addition thereto or reprint edition thereof, which contains the certificate of the statute law committee referred to in RCW 1.08.037, shall be deemed official, and shall be prima facie evidence of the laws contained therein. [1955 c 5 § 2; 1953 c 257 § 15; 1951 c 157 § 16; 1941 c 149 § 3; Rem. Supp. 1941 § 152-38.] 1.08.050 Amendment, repeal to include code numbers—Assignment of code numbers. The legislature in amending or repealing laws shall include in such act references to the code numbers of the law affected. The reviser shall assign code numbers to such permanent and general laws as are hereafter enacted at any legislative session. [1959 c 95 § 5; 1955 c 5 § 3; 1951 c 157 § 17. Prior: (i) 1941 c 149 § 4; Rem. Supp. 1941 § 152-39. (ii) 1947 c 282 § 1; Rem. Supp. 1947 § 152-40.] 1.08.060 Loans and exchanges of codes and supplements. The committee may loan sets of the code and materials supplemental thereto (1) for the use of senate committees, a quantity as required by advice from the secretary of the senate, not to exceed twenty-five sets; (2) for use of the house committees, a quantity as required by advice from the chief clerk of the house, not to exceed thirty-five sets; (3) to the state law library for library use; (4) for use of the reviser’s office, as required; (5) for use of recognized news reporting services maintaining permanent offices at the capitol, three sets. The committee may exchange copies of RCW for codes or compilations of other states. [1982 1st ex.s. c 32 § 6; 1953 c 257 § 10.] 1.08.070 Legislators to receive codes and supplements. Each member of the legislature, who has not received a set of the Revised Code of Washington under the provisions of section 9, chapter 155, Laws of 1951, or section 16, chapter 257, Laws of 1953, or this section, shall be entitled to receive one set of the code without charge. All persons receiving codes under the provisions of this section or the sections above referred to shall be entitled to [Title 1 RCW—page 5] 1.08.070 Title 1 RCW: General Provisions receive supplements to the code free of charge, during their term of office as a member or officer of the legislature: PROVIDED, That legislative appropriation has been made for the purpose of supplying such codes and supplements. [1955 c 235 § 9.] 1.08.110 Publication of Washington state register— Rule-making authority. The statute law committee, in addition to the other responsibilities enumerated in this chapter, shall cause to be published the Washington State Register as created in RCW 34.08.020. The statute law committee and/or the code reviser may adopt such rules as are necessary for the effective operation of such service. [1977 ex.s. c 240 § 2.] Effective date—Severability—1977 ex.s. c 240: See RCW 34.08.905 and 34.08.910. 1.08.112 Report on rule-making activity. (1) The code reviser shall compile and publish on a quarterly basis a report on state agency rule-making activity. The report shall summarize the following information by agency and by type of activity for new, amended, and repealed rules adopted by state agencies pursuant to chapter 34.05 RCW: (a) The number adopted, proposed for adoption, and withdrawn; (b) The number adopted as emergency rules; (c) The number adopted in order to comply with federal statute, with federal rules or standards, and with recently enacted state statutes; (d) The number adopted at the request of a nongovernmental entity; (e) The number adopted on an agency’s own initiative; (f) The number adopted in order to clarify, streamline, or reform agency procedures; (g) The number of petitions for review of rules received by agencies; (h) The number of rules appealed to superior court; and (i) The number adopted using negotiated rule making, pilot rule making, or other alternative rule-making mechanisms. (2) For purposes of the report required by this section, each Washington State Register filing section shall be considered as a separate rule. The code reviser may adopt rules necessary to implement this section. To the maximum extent practicable, the code reviser shall use information supplied on forms provided by state agencies pursuant to chapter 34.05 RCW to prepare the report required by this section. [1995 c 403 § 704.] Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. 1.08.120 Substitution of words designating department or secretary of transportation. For purposes of harmonizing and clarifying the provisions of the statute sections published in the revised code of Washington, the code reviser may substitute words designating the department of transportation or the secretary of transportation, as appropriate, whenever necessary to effect the changes in meaning provided for in RCW 47.68.015 and 47.04.015 or [Title 1 RCW—page 6] any other act of the 1977 legislature. [1977 ex.s. c 151 § 24.] Federal requirements—Severability—1977 ex.s. c 151: See RCW 47.98.070 and 47.98.080. Chapter 1.12 RULES OF CONSTRUCTION Sections 1.12.010 1.12.020 1.12.025 1.12.026 1.12.028 1.12.040 1.12.050 1.12.060 1.12.070 Code to be liberally construed. Statutes continued, when. Construction of multiple amendments to statutes— Publication—Decodification of repealed sections. Construction of statutes—Retrospective application. Construction of statutes—Internal references as including amendments thereto. Computation of time. Number and gender. Certified mail—Use. Reports, claims, tax returns, remittances, etc.—Filing. 1.12.010 Code to be liberally construed. The provisions of this code shall be liberally construed, and shall not be limited by any rule of strict construction. [1891 c 23 § 1, part; Code 1881 §§ 758, 1686; 1877 p 153 § 763; 1854 p 221 § 504; RRS § 144.] Reviser’s note: (1) This section is a part of 1891 c 23 § 1. The introductory phrase of that section provides: "The following provisions relative to the construction of statutes shall be rules of construction and shall constitute a part of the code of procedure of this state:" (2) This section was originally section 504 of the 1854 statute entitled "An act to regulate the practice and proceedings in civil actions." Section 504 of the 1854 statute reads as follows: "The provisions of this act shall be liberally construed and shall not be limited by any rule of strict construction." Identical language appears in Code of 1881 § 1686 relating to probate, and again in Code of 1881 § 758, being part of "An act to regulate the practice and proceedings in civil actions" except that in the latter instance the 1881 codifier changed the words "this act" to read "this code." 1.12.020 Statutes continued, when. The provisions of a statute, so far as they are substantially the same as those of a statute existing at the time of their enactment, must be construed as continuations thereof. [1891 c 23 § 1, part; Code 1881 §§ 761, 1292, 1681; RRS § 145.] Reviser’s note: This section is a part of 1891 c 23 § 1. The introductory phrase of that section provides: "The following provisions relative to the construction of statutes shall be rules of construction and shall constitute a part of the code of procedure of this state:". Laws in force continued: State Constitution Art. 27 § 2. 1.12.025 Construction of multiple amendments to statutes—Publication—Decodification of repealed sections. (1) If at any session of the legislature there are enacted two or more acts amending the same section of the session laws or of the official code, each amendment without reference to the others, each act shall be given effect to the extent that the amendments do not conflict in purpose, otherwise the act last filed in the office of the secretary of state in point of time, shall control: PROVIDED, That if one or more special sessions of the same legislature shall follow any regular session, this rule of construction shall apply to the laws enacted at either, both, any, or all of such sessions. (2002 Ed.) Rules of Construction (2) If a section of the session laws or of the official code is amended without reference to another amendment of the same section, the code reviser, in consultation with the statute law committee, may publish the section in the official code with all amendments incorporated therein. The publication of the section under this subsection shall occur only if the statute law committee determines that the amendments do not conflict in purpose or effect. Sections so published constitute prima facie evidence of the law but shall not be construed as changing the meaning of any such law. The code reviser, in consultation with the statute law committee, may decodify a section of the official code which was repealed without reference to an amendment to the section. The decodification of the section shall occur only if the statute law committee determines that the decodification does not conflict with the purpose of the amendment. Any decision of the code reviser, in consultation with the statute law committee, to incorporate amendments in the same section or to decodify a section which was both repealed and amended in the same session shall be clearly noted in the revised code of Washington. If any conflict arises in the interpretation of a section published or decodified under this subsection, the session law sections shall control. [1983 c 244 § 1; 1980 c 87 § 2; 1974 ex.s. c 87 § 1; 1969 ex.s. c 240 § 1; 1955 c 162 § 1.] 1.12.026 Construction of statutes—Retrospective application. The provisions of RCW 1.12.025 as now or hereafter amended shall apply retrospectively as well as prospectively. [1969 ex.s. c 240 § 2.] 1.12.028 Construction of statutes—Internal references as including amendments thereto. If a statute refers to another statute of this state, the reference includes any amendments to the referenced statute unless a contrary intent is clearly expressed. [1982 c 16 § 1.] 1.12.040 Computation of time. The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day is a holiday, Saturday, or Sunday, and then it is also excluded. [1997 c 125 § 1; 1887 c 20 § 1; Code 1881 § 743; 1854 p 219 § 486; RRS § 150.] Rules of court: CR 6(a), RAP 18.6. Cf. RAP 18.22. Reviser’s note: This section has been enacted at various times as part of "An act to regulate the practice and proceedings in civil actions." However, Allen v. Morris, 87 Wash. 268, 274, 151 Pac. 827 (1915); State ex rel. Evans v. Superior Court, 168 Wash. 176, 179, 11 P. (2d) 229 (1932); State v. Levesque, 5 Wn. (2d) 631, 635, 106 P. (2d) 309 (1940); and State ex rel. Early v. Batchelor, 15 Wn. (2d) 149, 130 P. (2d) 72 (1942), treat this section as being of general application. 1.12.050 Number and gender. Words importing the singular number may also be applied to the plural of persons and things; words importing the plural may be applied to the singular; and words importing the masculine gender may be extended to females also. [1891 c 23 § 1, part; Code 1881 §§ 756, 965, 1920; 1877 p 153 § 761; 1857 p 45 § 1; 1854 p 99 § 135 and p 221 § 502; RRS § 148.] Reviser’s note: This section is a part of 1891 c 23 § 1. The introductory phrase of that section provides: "The following provisions (2002 Ed.) 1.12.025 relative to the construction of statutes shall be rules of construction and shall constitute a part of the code of procedure of this state:". Probate, number and gender: RCW 11.02.005. Statutes in gender-neutral terms: RCW 44.04.210. Wrongful death, number and gender: RCW 4.20.005. 1.12.060 Certified mail—Use. Whenever the use of "registered" mail is authorized by this code, "certified" mail, with return receipt requested, may be used. [1961 c 204 § 1.] 1.12.070 Reports, claims, tax returns, remittances, etc.—Filing. Except as otherwise specifically provided by law hereafter: (1) Any report, claim, tax return, statement or other document required to be filed with, or any payment made to the state or to any political subdivision thereof, which is (a) transmitted through the United States mail, shall be deemed filed and received by the state or political subdivision on the date shown by the post office cancellation mark stamped upon the envelope or other appropriate wrapper containing it; or (b) mailed but not received by the state or political subdivision, or where received and the cancellation mark is illegible, erroneous, or omitted, shall be deemed filed and received on the date it was mailed if the sender establishes by competent evidence that the report, claim, tax return, statement, remittance, or other document was deposited in the United States mail on or before the date due for filing; and in cases of such nonreceipt of a report, tax return, statement, remittance, or other document required by law to be filed, the sender files with the state or political subdivision a duplicate within ten days after written notification is given to the sender by the state or political subdivision of its nonreceipt of such report, tax return, statement, remittance, or other document. (2) If any report, claim, tax return, statement, remittance, or other document is sent by United States registered mail, certified mail or certificate of mailing, a record authenticated by the United States post office of such registration, certification or certificate shall be considered competent evidence that the report, claim, tax return, statement, remittance or other document was delivered to the addressee, and the date of registration, certification or certificate shall be deemed the postmarked date. (3) If the date for filing any report, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday or legal holiday, the filing shall be considered timely if performed on the next business day. [1967 c 222 § 1.] Chapter 1.16 GENERAL DEFINITIONS Sections 1.16.020 1.16.030 1.16.040 1.16.050 1.16.060 1.16.065 "Fiscal biennium." "Fiscal year"—School districts and other taxing districts. "Folio." "Legal holidays and legislatively recognized days." "Month" or "months." "Officer." [Title 1 RCW—page 7] Chapter 1.16 1.16.080 Title 1 RCW: General Provisions "Person"—Construction of "association," "unincorporated association," and "person, firm, or corporation" to include a limited liability company. 1.16.020 "Fiscal biennium." The fiscal biennium of the state shall commence on the first day of July in each odd-numbered year and end on the thirtieth day of June of the next succeeding odd-numbered year. The fiscal biennium of those cities and towns which utilize a biennial budget shall commence on the first day of January in each oddnumbered year and end on the thirty-first day of December of the next succeeding even-numbered year. [1985 c 175 § 2; 1953 c 184 § 2; 1923 c 86 § 1; RRS § 10927.] Biennial reports: RCW 43.01.035. Municipal biennial budgets: Chapters 35.34 and 35A.34 RCW. 1.16.030 "Fiscal year"—School districts and other taxing districts. August 31st shall end the fiscal year of school districts and December 31st of all other taxing districts. [1975-’76 2nd ex.s. c 118 § 21; 1909 c 76 § 13; RRS § 9963.] Severability—1975-’76 2nd ex.s. c 118: See note following RCW 28A.505.010. 1.16.040 "Folio." The term "folio" when used as a measure for computing fees or compensation, shall be construed to mean one hundred words, counting every two figures necessarily used as a word. Any portion of a folio, when in the whole draft or paper there should not be a complete folio, and when there shall be an excess over the last folio exceeding a quarter, it shall be computed as a folio. The filing of a paper shall be construed to include the certificate of the same. [Code 1881 § 2093; 1869 p 373 § 15; RRS § 500.] 1.16.050 "Legal holidays and legislatively recognized days." The following are legal holidays: Sunday; the first day of January, commonly called New Year’s Day; the third Monday of January, being celebrated as the anniversary of the birth of Martin Luther King, Jr.; the third Monday of February to be known as Presidents’ Day and to be celebrated as the anniversary of the births of Abraham Lincoln and George Washington; the last Monday of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the eleventh day of November, to be known as Veterans’ Day; the fourth Thursday in November, to be known as Thanksgiving Day; the day immediately following Thanksgiving Day; and the twenty-fifth day of December, commonly called Christmas Day. Employees of the state and its political subdivisions, except employees of school districts and except those nonclassified employees of institutions of higher education who hold appointments or are employed under contracts to perform services for periods of less than twelve consecutive months, shall be entitled to one paid holiday per calendar year in addition to those specified in this section. Each employee of the state or its political subdivisions may select the day on which the employee desires to take the additional holiday provided for herein after consultation with the [Title 1 RCW—page 8] employer pursuant to guidelines to be promulgated by rule of the appropriate personnel authority, or in the case of local government by ordinance or resolution of the legislative authority. If any of the above specified state legal holidays are also federal legal holidays but observed on different dates, only the state legal holidays shall be recognized as a paid legal holiday for employees of the state and its political subdivisions except that for port districts and the law enforcement and public transit employees of municipal corporations, either the federal or the state legal holiday, but in no case both, may be recognized as a paid legal holiday for employees. Whenever any legal holiday, other than Sunday, falls upon a Sunday, the following Monday shall be the legal holiday. Whenever any legal holiday falls upon a Saturday, the preceding Friday shall be the legal holiday. Nothing in this section shall be construed to have the effect of adding or deleting the number of paid holidays provided for in an agreement between employees and employers of political subdivisions of the state or as established by ordinance or resolution of the local government legislative authority. The legislature declares that the twelfth day of October shall be recognized as Columbus Day but shall not be considered a legal holiday for any purposes. The legislature declares that the ninth day of April shall be recognized as former prisoner of war recognition day but shall not be considered a legal holiday for any purposes. The legislature declares that the twenty-sixth day of January shall be recognized as Washington army and air national guard day but shall not be considered a legal holiday for any purposes. The legislature declares that the seventh day of August shall be recognized as purple heart recipient recognition day but shall not be considered a legal holiday for any purposes. The legislature declares that the second Sunday in October be recognized as Washington state children’s day but shall not be considered a legal holiday for any purposes. The legislature declares that the sixteenth day of April shall be recognized as Mother Joseph day and the fourth day of September as Marcus Whitman day, but neither shall be considered legal holidays for any purpose. The legislature declares that the seventh day of December be recognized as Pearl Harbor remembrance day but shall not be considered a legal holiday for any purpose. [2000 c 60 § 1; 1999 c 26 § 1; 1993 c 129 § 2; 1991 sp.s. c 20 § 1; 1991 c 57 § 2; 1989 c 128 § 1; 1985 c 189 § 1; 1979 c 77 § 1; 1977 ex.s. c 111 § 1; 1975-’76 2nd ex.s. c 24 § 1; 1975 1st ex.s. c 194 § 1; 1973 2nd ex.s. c 1 § 1; 1969 c 11 § 1; 1955 c 20 § 1; 1927 c 51 § 1; RRS § 61. Prior: 1895 c 3 § 1; 1891 c 41 § 1; 1888 p 107 § 1.] Finding—1993 c 129: "The legislature finds that Washington’s children are one of our most valuable assets, representing hope for the future. Children today are at risk for many things, including drug and alcohol abuse, child abuse, suicide, peer pressure, and the economic and educational challenges of a changing world. It is increasingly important for families, schools, health professionals, caregivers, and workers at state agencies charged with the protection and help of children to listen to them, to support and encourage them, and to help them build their dreams for the future. (2002 Ed.) General Definitions To increase recognition of children’s issues, a national children’s day is celebrated in October, with ceremonies and activities devoted to children. Washington state focuses special attention on its children by establishing a Washington state children’s day." [1993 c 129 § 1.] Finding—Declaration—1991 c 57: "The legislature finds that the Washington army and air national guard comprise almost nine thousand dedicated men and women who serve the state and nation on a voluntary basis. The legislature also finds that the state of Washington benefits from that dedication by immediate access to well-prepared resources in time of natural disasters and public emergency. The national guard has consistently and frequently responded to state and local emergencies with people and equipment to provide enforcement assistance, medical services, and overall support to emergency management services. The legislature further declares that an annual day of commemoration should be observed in honor of the achievements, sacrifices, and dedication of the men and women of the Washington army and air national guard." [1991 c 57 § 1.] Court business on legal holidays: RCW 2.28.100, 2.28.110. School holidays: RCW 28A.150.050. 1.16.060 "Month" or "months." The word "month" or "months," whenever the same occurs in the statutes of this state now in force, or in statutes hereinafter enacted, or in any contract made in this state, shall be taken and construed to mean "calendar months." [1891 c 23 § 1, part; Code 1881 § 759; 1877 p 333 § 1; RRS § 149.] Reviser’s note: This section is a part of 1891 c 23 § 1. The introductory phrase of that section provides: "The following provisions relative to the construction of statutes shall be rules of construction and shall constitute a part of the code of procedure of this state:". 1.16.065 "Officer." Whenever any term indicating an officer is used it shall be construed, when required, to mean any person authorized by law to discharge the duties of such officer. [Code 1881 § 755; 1854 p 221 § 501; RRS § 147.] Reviser’s note: This section was formerly a part of RCW 42.04.010. It first appeared in "An Act to regulate the practice and proceedings in civil actions" (1854 p 221 § 501), as part of chapter LIV, "Construction". It also appeared as Code of 1881 § 755 in chapter LXVII, "Of Construction", as part of the code of civil procedure. Criminal code, officer defined: RCW 9A.04.110. 1.16.080 "Person"—Construction of "association," "unincorporated association," and "person, firm, or corporation" to include a limited liability company. (1) The term "person" may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. (2) Unless the context clearly indicates otherwise, the terms "association," "unincorporated association," and "person, firm, or corporation" or substantially identical terms shall, without limiting the application of any term to any other type of legal entity, be construed to include a limited liability company. [1996 c 231 § 1; 1891 c 23 § 1, part; Code 1881 § 964; 1857 p 46 § 1; 1854 p 99 § 134; RRS § 146.] Reviser’s note: This section is a part of 1891 c 23 § 1. The introductory phrase of that section provides: "The following provisions relative to the construction of statutes shall be rules of construction and shall constitute a part of the code of procedure of this state:". Criminal proceedings, person defined: RCW 9A.04.110. Declaratory judgments, person defined: RCW 7.24.130. Eminent domain by cities, person defined: RCW 8.12.020. Notice to alien property custodian, person defined: RCW 4.28.340. (2002 Ed.) 1.16.050 Wrongful death, person defined: RCW 4.20.005. Chapter 1.20 GENERAL PROVISIONS Sections 1.20.010 State flag. 1.20.015 Display of national and state flags. 1.20.017 Display of national league of families’ POW/MIA flag. 1.20.020 State tree. 1.20.025 State grass. 1.20.030 State flower. 1.20.035 State fruit. 1.20.040 State bird. 1.20.042 State fossil. 1.20.045 State fish. 1.20.047 State insect. 1.20.050 Standard time—Daylight saving time. 1.20.051 Daylight saving time. 1.20.060 Arbor day. 1.20.070 State song. 1.20.071 State song—Proceeds from sale. 1.20.073 State folk song. 1.20.075 State dance. 1.20.080 State seal. 1.20.090 State gem. 1.20.100 Diverse cultures and languages encouraged—State policy. 1.20.110 State tartan. 1.20.120 State arboretum. 1.20.130 Preferred terminology in government documents. Design of state seal: State Constitution Art. 18 § 1. State boundaries: State Constitution Art. 24 § 1 (Amendment 33). 1.20.010 State flag. The official flag of the state of Washington shall be of dark green silk or bunting and shall bear in its center a reproduction of the seal of the state of Washington embroidered, printed, painted or stamped thereon. The edges of the flag may, or may not, be fringed. If a fringe is used the same shall be of gold or yellow color of the same shade as the seal. The dimensions of the flag may vary. The secretary of state is authorized to provide the state flag to units of the armed forces, without charge therefor, as in his discretion he deems entitled thereto. The secretary of state is further authorized to sell the state flag to any citizen at a price to be determined by the secretary of state. [1967 ex.s. c 65 § 2; 1925 ex.s. c 85 § 1; 1923 c 174 § 1; RRS § 10964-1, RRS vol. 11, p. 399.] Reviser’s note: Same RRS number was also used for a section dealing with a different subject on page 110 of RRS vol. 11, pocket part. 1.20.015 Display of national and state flags. The flag of the United States and the flag of the state shall be prominently installed, displayed and maintained in schools, court rooms and state buildings. [1955 c 88 § 1.] Crimes relating to flags: Chapter 9.86 RCW. Flag exercises in schools: RCW 28A.230.140. 1.20.017 Display of national league of families’ POW/MIA flag. (1) Each public entity shall display the national league of families’ POW/MIA flag along with the flag of the United States and the flag of the state upon or near the principal building of the public entity on the following days: (a) Armed Forces Day on the third Saturday in May; (b) Memorial Day on the last Monday in May; (c) [Title 1 RCW—page 9] 1.20.017 Title 1 RCW: General Provisions Flag Day on June 14; (d) Independence Day on July 4; (e) National POW/MIA Recognition Day; and (f) Veterans’ Day on November 11. If the designated day falls on a Saturday or Sunday, then the POW/MIA flag will be displayed on the preceding Friday. (2) The governor’s veterans affairs advisory committee shall provide information to public entities regarding the purchase and display of the POW/MIA flag upon request. (3) As used in this section, "public entity" means every state agency, including each institution of higher education, and every county, city, and town. [2002 c 293 § 1.] 1.20.050 Standard time—Daylight saving time. No county, city or other political subdivision of this state shall adopt any provision for the observance of daylight saving time, or any time other than standard, except pursuant to a gubernatorial proclamation declaring an emergency during a period of national war and authorizing such adoption, or unless other than standard time is established on a national basis: PROVIDED, That this section shall not apply to orders made by federal authorities in a local area entirely under federal control. [1953 c 2 § 1 (Initiative Measure No. 181, approved November 4, 1952).] 1.20.020 State tree. That certain evergreen tree known and described as the western hemlock (Tsuga heterophylla) is hereby designated as the official tree of the state of Washington. [1947 c 191 § 1; Rem. Supp. 1947 § 10964-120.] 1.20.051 Daylight saving time. At two o’clock antemeridian Pacific Standard Time of the *last Sunday in April each year the time of the state of Washington shall be advanced one hour, and at two o’clock antemeridian Pacific Standard Time of the last Sunday in October in each year the time of the state of Washington shall, by the retarding of one hour, be returned to Pacific Standard Time. [1963 c 14 § 1; 1961 c 3 § 1 (Initiative Measure No. 210, approved November 8, 1960).] 1.20.025 State grass. Agropyron spicatum, the species of natural grass commonly called "bluebunch wheatgrass," is hereby designated as the official grass of the state of Washington. [1989 c 354 § 62.] Severability—1989 c 354: See note following RCW 15.36.012. 1.20.030 State flower. The native species, Rhododendron macrophyllum, is hereby designated as the official flower of the state of Washington. [1959 c 29 § 1; 1949 c 18 § 1; Rem. Supp. 1949 § 10964-200.] 1.20.035 State fruit. The official fruit of the state of Washington is the apple. [1989 c 354 § 63.] Severability—1989 c 354: See note following RCW 15.36.012. 1.20.040 State bird. The willow goldfinch is hereby designated as the official bird of the state of Washington. [1951 c 249 § 1.] 1.20.042 State fossil. The Columbian mammoth of North America, Mammuthus columbi, is hereby designated as the official fossil of the state of Washington. [1998 c 129 § 2.] Legislative recognition—1998 c 129: "The legislature recognizes that the large, hairy prehistoric elephants of the extinct genus Mammuthus roamed the North American continent, including the Pacific Northwest, during the Pleistocene epoch (ice ages)." [1998 c 129 § 1.] 1.20.045 State fish. The species of trout commonly called "steelhead trout" (Salmo gairdnerii) is hereby designated as the official fish of the state of Washington. [1969 c 36 § 1.] 1.20.047 State insect. The common green darner dragonfly, Anax junius drury, is hereby designated as the official insect of the state of Washington. [1997 c 6 § 2.] Finding—1997 c 6: "The legislature finds that the common green darner dragonfly, Anax junius drury, can be found throughout Washington and is easily recognizable by its bright green head and thorax. The legislature further recognizes that the common green darner dragonfly, also known as the "mosquito hawk," is a beneficial contributor to our ecosystem." [1997 c 6 § 1.] [Title 1 RCW—page 10] *Reviser’s note: Federal law sets the day to advance time at the first Sunday in April (100 Stat. 764; 15 U.S.C. Sec. 260a). 1.20.060 Arbor day. The second Wednesday in April of each year is designated as Arbor day. [1957 c 220 § 1.] 1.20.070 State song. The song, music and lyrics, "Washington My Home", composed by Helen Davis, is hereby designated as the official song of the state of Washington. [1959 c 281 § 1.] 1.20.071 State song—Proceeds from sale. All proceeds from the sale of the official song of the state as designated in RCW 1.20.070 shall be placed in the general fund. [1973 1st ex.s. c 59 § 1; 1959 c 281 § 2.] Effective date—1973 1st ex.s. c 59: See note following RCW 43.79.420. 1.20.073 State folk song. The legislature recognizes that winter recreational activities are part of the folk tradition of the state of Washington. Winter recreational activities serve to turn the darkness of a northwest winter into the dawn of renewed vitality. As the winter snows dissolve into the torrents of spring, the Columbia river is nourished. The Columbia river is the pride of the northwest and the unifying geographic element of the state. In order to celebrate the river which ties the winter recreation playground of snowcapped mountains and the Yakima, Snake, and the Klickitat rivers to the ocean so blue, the legislature declares that the official state folk song is "Roll On Columbia, Roll On," composed by Woody Guthrie. [1987 c 526 § 4.] 1.20.075 State dance. The square dance is designated as the official dance of the state of Washington. [1979 ex.s. c 10 § 1.] 1.20.080 State seal. The seal of the state of Washington shall be, a seal encircled with the words: "The Seal of the State of Washington," with the vignette of General (2002 Ed.) General Provisions George Washington as the central figure, and beneath the vignette the figures "1889" and shall be composed as appears in the illustration below: 1.20.080 called a sett, that is made up of a green background with stripes of blue, white, yellow, red, and black. The secretary of state shall register the tartan with the Scottish Tartan Society, Comrie, Perthshire, Scotland. [1991 c 62 § 1.] 1.20.120 State arboretum. The Washington park arboretum is hereby designated as an official arboretum of the state of Washington. [1995 c 82 § 2.] (RCW 1.20.080 - Illustration: State Seal) [1967 ex.s. c 65 § 1.] 1.20.090 State gem. Petrified wood is hereby designated as the official gem of the state of Washington. [1975 c 8 § 1.] 1.20.100 Diverse cultures and languages encouraged—State policy. The legislature finds that: (1) Diverse ethnic and linguistic communities have contributed to the social and economic prosperity of Washington state; (2) It is the welcomed responsibility and opportunity of this state to respect and facilitate the efforts of all cultural, ethnic, and linguistic segments of the population to become full participants in Washington communities; (3) This state’s economic well-being depends heavily on foreign trade and international exchange and more than one out of six jobs is directly linked to foreign trade and international exchange; (4) If Washington is to prosper in foreign trade and international exchange, it must have citizens that are multilingual and multicultural; (5) While recognizing the value of a multilingual background, the state also encourages all citizens to become proficient in English to facilitate full participation of all groups into society and to promote cross-communication between multilingual groups; and (6) The multilingual nature of communication that currently exists in this state should be promoted to build trust and understanding among all of its citizens. Therefore, it shall be the policy of the state of Washington to welcome and encourage the presence of diverse cultures and the use of diverse languages in business, government, and private affairs in this state. [1989 c 236 § 1.] Construction—1989 c 236: "Nothing in section 1 of this act creates any right or cause of action or adds to any existing right or cause of action nor may it be relied upon to compel the establishment of any program or special entitlement." [1989 c 236 § 2.] 1.20.110 State tartan. The Washington state tartan is hereby designated. The tartan shall have a pattern of colors, (2002 Ed.) Findings—1995 c 82: "The legislature finds that the arboreta in this state act as living museums devoted to the display and conservation of woody plant species from around the world that can grow in the Pacific Northwest. Arboreta enhance public appreciation for the aesthetic diversity of temperate woody plants; conserve both natural and cultivated woody plant taxa to preserve their diversity for future appreciation; educate the public and students concerning urban landscape use and the natural biology of temperate woody plants; and cooperate with similar institutions in this region and around the world in achieving these common goals. The legislature further finds that arboreta are of increasing importance as world biodiversity declines. The Washington park arboretum is a two hundred acre living museum that is managed cooperatively by the city of Seattle and the University of Washington. It is devoted to the display and conservation of collections of plants from around the world which can grow in the Pacific Northwest. These plants are used for education, research, conservation, and a sense of public pleasure. The Washington park arboretum, the oldest center for botanical and gardening learning in the Pacific Northwest, is recognized as one of the two foremost collections of woody plants in the United States of America and enjoys an excellent international reputation. The legislature finds that it is fitting and appropriate to recognize the importance of the overall mission of the Washington park arboretum." [1995 c 82 § 1.] 1.20.130 Preferred terminology in government documents. (1) All state and local government statutes, codes, rules, regulations, and other official documents enacted after July 1, 2002, are required to use the term "Asian" when referring to persons of Asian descent. The use of the term "Oriental" is prohibited. (2) The legislature urges all state and local entities to review their statutes, codes, rules, regulations, and other official documents and revise them to omit the use of the term "Oriental" when referring to persons of Asian descent. [2002 c 307 § 2.] Finding—2002 c 307: "The legislature finds that the use of the term "Oriental" when used to refer to persons of Asian descent is outdated and pejorative. There is a need to make clear that the term "Asian" is preferred terminology, and that this more modern and nonpejorative term must be used to replace outdated terminology." [2002 c 307 § 1.] Effective date—2002 c 307: "This act takes effect July 1, 2002." [2002 c 307 § 4.] Chapter 1.40 STATE MEDAL OF MERIT Sections 1.40.010 1.40.020 1.40.030 1.40.040 1.40.050 1.40.060 State medal of merit established. Nominating committee created—Composition—Meeting— Rules. Delegation of authority to make award. Posthumous award. Certain persons prohibited from receiving award. Appearance of medal—Inscription. 1.40.010 State medal of merit established. There is established a decoration of the state medal of merit with accompanying ribbons and appurtenances for award by the governor, in the name of the state, to any person who has [Title 1 RCW—page 11] 1.40.010 Title 1 RCW: General Provisions been distinguished by exceptionally meritorious conduct in performing outstanding services to the people and state of Washington, upon the nomination of the governor’s state medal of merit committee. [1986 c 92 § 1.] 1.40.020 Nominating committee created— Composition—Meeting—Rules. There is created the state medal of merit committee for nominating candidates for the award of the state medal of merit. The committee membership consists of the governor, president of the senate, speaker of the house of representatives, and the chief justice of the supreme court, or their designees. The secretary of state shall serve as a nonvoting ex officio member, and shall serve as secretary to the committee. The committee shall meet annually to consider candidates for nomination. The committee shall adopt rules establishing the qualifications for the state medal of merit, the protocol governing the decoration, and the appurtenances necessary to the implementation of this chapter. [1986 c 92 § 2.] 1.40.030 Delegation of authority to make award. The governor may delegate the awarding of the state medal of merit to the president of the senate, speaker of the house of representatives, or the chief justice of the supreme court. [1986 c 92 § 3.] 1.40.040 Posthumous award. The state medal of merit may be awarded posthumously to be presented to such representative of the deceased as may be deemed appropriate by the governor or the designees specified in RCW 1.40.030. [1986 c 92 § 4.] 1.40.050 Certain persons prohibited from receiving award. The state medal of merit shall not be awarded to any elected official while in office or to any candidate for an elected office. [1986 c 92 § 5.] 1.40.060 Appearance of medal—Inscription. The decoration of the state medal of merit shall be of bronze and shall consist of the seal of the state of Washington, surrounded by a raised laurel wreath and suspended from a ring attached by a dark green ribbon. The reverse of the decoration within the raised laurel wreath shall be inscribed with the words: "For exceptionally meritorious conduct in performing outstanding services to the people and state of Washington." [1986 c 92 § 6.] Chapter 1.50 WASHINGTON GIFT OF LIFE AWARD (Formerly: Washington gift of life medal) Sections 1.50.005 1.50.010 1.50.030 1.50.040 Findings—Intent. Definitions. Washington gift of life award—Presentation. Appearance of award—Inscription. 1.50.005 Findings—Intent. The legislature finds that persons who donate organs help save the lives and promote the well-being of others in a manner that demonstrates the [Title 1 RCW—page 12] noblest side of human nature. Many families and friends of both the donors and the donees may want to remember the special act of donation in a way that honors the memory of the donor and encourages donation by others in the future. To recognize the special kindness of those who donate their organs, the legislature establishes the Washington gift of life award. [1999 c 264 § 1; 1998 c 59 § 1.] 1.50.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Organ donor" means an individual who makes an anatomical gift as specified in RCW 68.50.530(1). (2) "Organ procurement organization" means any accredited or certified organ or eye bank. (3) "Person" means a person specified in RCW 68.50.550. [1998 c 59 § 2.] 1.50.030 Washington gift of life award— Presentation. The governor’s office shall present the Washington gift of life award to six eligible families or persons per year under the following: (1) The organ procurement organization may nominate the six individuals or persons eligible under this section to represent all those who have donated organs and may submit documentation supporting the eligibility of the individual or person to the governor’s office. If more than one organ procurement organization is involved, they shall coordinate in harmony to designate by consensus the organ procurement organization among them to have primary administrative responsibility under this chapter. (2) The governor’s office shall present the awards on an annual basis in coordination with the organ procurement organization. Only one award may be presented to the family of an organ donor. [1999 c 264 § 2; 1998 c 59 § 4.] 1.50.040 Appearance of award—Inscription. The Washington gift of life award shall consist of the seal of the state of Washington and be inscribed with the words: "For the greatest act of kindness in donating organs to enhance the lives of others." [1999 c 264 § 3; 1998 c 59 § 5.] Chapter 1.60 MEDAL OF VALOR Sections 1.60.010 1.60.020 1.60.030 1.60.040 1.60.050 1.60.060 Medal of valor. Medal of valor committee. Award presentation. Posthumous award. Hazardous professions excluded. Appearance of medal and certificate. 1.60.010 Medal of valor. There is established a decoration of the state medal of valor with accompanying certificate, ribbons, and appurtenances for award by the governor, in the name of the state, to any person who has saved, or attempted to save, the life of another at the risk of serious injury or death to himself or herself, upon the selection of the governor’s state medal of valor committee. [2000 c 224 § 1.] (2002 Ed.) Medal of Valor 1.60.020 1.60.020 Medal of valor committee. There is created the state medal of valor committee for selecting honorees for the award of the state medal of valor. The committee membership consists of the governor, president of the senate, speaker of the house of representatives, and the chief justice of the supreme court, or their designees. The secretary of state shall serve as a nonvoting ex officio member, and shall serve as secretary to the committee. The committee shall meet annually to consider candidates for this award. Any individual may nominate any resident of this state for any act of valor covered by this section. The committee shall adopt rules establishing the qualifications for the state medal of valor, the protocol governing the decoration, the certificate, and appurtenances necessary to the implementation of this chapter. [2000 c 224 § 2.] 1.60.030 Award presentation. (1) The award will be presented by the governor of the state of Washington to the recipient only during a joint session of both houses of the legislature. (2) If the governor is unable to present the award due to the disability or illness of the governor, the governor may delegate the presenting of the award to the president of the senate, the speaker of the house of representatives, or the chief justice of the supreme court. [2000 c 224 § 3.] 1.60.040 Posthumous award. The state medal of valor may be awarded posthumously to be presented to such representative of the deceased as may be deemed appropriate by the committee. [2000 c 224 § 4.] 1.60.050 Hazardous professions excluded. The state medal of valor will not be awarded to any individual who is acting as a result of service given by any branch of law enforcement, fire fighting, rescue, or other hazardous profession where the individual is employed by a government entity within the state of Washington. [2000 c 224 § 5.] 1.60.060 Appearance of medal and certificate. (1) The decoration of the state medal of valor shall be of .999 pure silver and shall consist of the seal of the state of Washington, surrounded by a raised laurel wreath and suspended from a silver bar device inscribed "For Valor" which is suspended from a ring attached by a dark green ribbon, bordered by silver. The reverse of the decoration within the raised laurel wreath shall be inscribed with the recipient’s name and the words: "For exceptionally valorous service, given in the act of saving the life of another." (2) The certificate accompanying the medal will prominently display: (a) The title, "Washington State Medal of Valor"; (b) the recipient’s name; and (c) the phrase, "For exceptionally valorous service, given in the act of saving the life of another." A seven-line citation will also be included on the certificate. [2000 c 224 § 6.] (2002 Ed.) [Title 1 RCW—page 13] Title 2 COURTS OF RECORD Chapters 2.04 2.06 2.08 2.10 2.12 2.14 2.16 2.20 2.24 2.28 2.32 2.36 2.40 2.42 2.43 2.44 2.48 2.50 2.56 2.60 2.64 2.68 2.70 Supreme court. Court of appeals. Superior courts. Judicial retirement system. Retirement of judges—Retirement system. Retirement of judges—Supplemental retirement. Association of superior court judges. Magistrates. Court commissioners and referees. Powers of courts and general provisions. Court clerks, reporters, and bailiffs. Juries. Witnesses. Interpreters in legal proceedings. Interpreters for non-English-speaking persons. Attorneys at law. State bar act. Legal aid. Administrator for the courts. Federal court local law certificate procedure act. Commission on judicial conduct. Judicial information system. Office of public defense. Family court: Chapter 26.12 RCW. Judiciary and judicial power: State Constitution Art. 4. Professional service corporations, application to attorneys: Chapter 18.100 RCW. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Records, receipts and exhibits of superior court, destruction, reproduction: RCW 36.23.065, 36.23.067, 36.23.070. Chapter 2.04 SUPREME COURT Sections 2.04.010 2.04.020 2.04.030 2.04.031 2.04.040 2.04.050 2.04.070 2.04.071 2.04.080 2.04.092 2.04.100 2.04.110 2.04.150 2.04.180 2.04.190 2.04.200 (2002 Ed.) Jurisdiction. Court of record—General powers. Supreme court and court of appeals—When open. Court facilities. Effect of adjournments. Style of process. Number of judges. Election—Term of office. Oath of office. Salary of justices. Vacancy, how filled. Justices, judges to wear gowns. Apportionment of business—En banc hearings. Rules of practice and forms of process in supreme court. Rules of pleading, practice, and procedure generally. Effect of rules upon statutes. 2.04.210 2.04.215 2.04.220 2.04.230 2.04.240 Supplementary superior court rules. Adoption of rules for settlement conferences in civil cases. Effect of supreme court judgments. Report to governor. Judge pro tempore—Declaration of policy—Appointment— Oath of office. 2.04.250 Judge pro tempore—Remuneration. Commissioner of the supreme court: Rules of court: SAR 15. Judiciary and judicial power: State Constitution Art. 4. Publication of opinions: Chapter 2.32 RCW. 2.04.010 Jurisdiction. The supreme court shall have original jurisdiction in habeas corpus and quo warranto and mandamus as to all state officers, and appellate jurisdiction in all actions and proceedings excepting that its appellate jurisdiction shall not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy or the value of the property does not exceed the sum of two hundred dollars, unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, or the validity of a statute. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or before the supreme court, or before any superior court of the state, or any judge thereof. [1890 p 322 § 6; RRS § 1.] Rules of court: Cf. RAP 4.2, 4.3, 18.22; Titles 2 and 16 RAP. Jurisdiction of supreme court: State Constitution Art. 4 § 4. 2.04.020 Court of record—General powers. The supreme court shall be a court of record, and shall be vested with all power and authority necessary to carry into complete execution all its judgments, decrees and determinations in all matters within its jurisdiction, according to the rules and principles of the common law, and the Constitution and laws of this state. [1890 p 323 § 10; RRS § 2.] Courts of record: State Constitution Art. 4 § 11. Judicial power, where vested: State Constitution Art. 4 § 1. 2.04.030 Supreme court and court of appeals— When open. The supreme court and the court of appeals shall always be open for the transaction of business except on Saturdays, Sundays, and legal holidays designated by the legislature. [1971 ex.s. c 107 § 1; 1909 p 36 § 7; RRS § 4. Prior: 1890 p 322 § 4, part.] Rules of court: SAR-Rule 4. Legal holidays: RCW 1.16.050. [Title 2 RCW—page 1] 2.04.031 Title 2 RCW: Courts of Record 2.04.031 Court facilities. If proper rooms in which to hold the court, and for the accommodation of the officers thereof, are not provided by the state, together with attendants, furniture, fuel, lights, record books and stationery, suitable and sufficient for the transaction of business, the court, or any three justices thereof, may direct the clerk of the supreme court to provide the same; and the expense thereof, certified by any three justices to be correct, shall be paid out of the state treasury out of any funds therein not otherwise appropriated. Such moneys shall be subject to the order of the clerk of the supreme court, and be by him disbursed on proper vouchers, and accounted for by him in annual settlements with the governor. [1973 c 106 § 1; 1955 c 38 § 1; 1890 p 322 § 4; RRS § 3.] 2.04.040 Effect of adjournments. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the court from sitting at any time. [1890 p 323 § 7; RRS § 5.] Rules of court: SAR-Rule 5. 2.04.050 Style of process. Its process shall run in the name of the "State of Washington," bear test in the name of the chief justice, be signed by the clerk of the court, dated when issued, sealed with the seal of the court, and made returnable according to law, or such rule or orders as may be prescribed by the court. [1890 p 323 § 11; RRS § 6.] Rules of court: SAR-Rule 2. 2.04.070 Number of judges. The supreme court, from and after February 26, 1909, shall consist of nine judges. [1909 c 24 § 1; RRS § 11036. FORMER PARTS OF SECTION: 1911 c 119 § 1; 1909 c 24 § 2; RRS § 11039; now codified in RCW 2.04.071. Prior: (i) 1905 c 5 § 1; 1890 p 321 § 1; RRS § 11035. (ii) 1893 c 5 § 1; RRS 11037. (iii) 1905 c 5 § 3; RRS § 11038.] 2.04.071 Election—Term of office. At the next general election, and at each biennial general election thereafter, there shall be elected three justices of the supreme court, to hold for the full term of six years, and until their successors are elected and qualified, commencing with the second Monday in January succeeding their election. [1971 c 81 § 1; 1911 c 119 § 1; 1909 c 24 § 2; RRS § 11039. Formerly RCW 2.04.070, part.] Election and terms, supreme court judges: State Constitution Art. 4 § 3. Eligibility of judges: State Constitution Art. 4 § 17. Forfeiture of office for absence: State Constitution Art. 4 § 8. Impeachment: State Constitution Art. 5. Judge may not practice law: State Constitution Art. 4 § 19. Judges ineligible to other office: State Constitution Art. 4 § 15. 2.04.080 Oath of office. The several justices of the supreme court, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully and impartially discharge the duties of the office of judge of the supreme court of the State of [Title 2 RCW—page 2] Washington to the best of my ability." Which oath or affirmation may be administered by any person authorized to administer oaths, a certificate whereof shall be affixed thereto by the person administering the oath. And the oath or affirmation so certified shall be filed in the office of the secretary of state. [1971 c 81 § 2; 1890 p 324 § 14; RRS § 11043.] Oath of judges: State Constitution Art. 4 § 28. 2.04.092 Salary of justices. The annual salary of justices of the supreme court shall be established by the Washington citizens’ commission on salaries for elected officials. No salary warrant may be issued to a justice of the supreme court until the justice files with the state treasurer an affidavit that no matter referred to the justice for opinion or decision has been uncompleted or undecided for more than six months. [1986 c 155 § 4; 1984 c 258 § 401.] Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Salaries of judicial officers: State Constitution Art. 4 §§ 13, 14; Art. 28 § 1; Art. 30 § 1. Washington citizens’ commission on salaries for elected officials: RCW 43.03.305. 2.04.100 Vacancy, how filled. If a vacancy occurs in the office of a justice of the supreme court, the governor shall appoint a person to hold the office until the election and qualification of a justice to fill the vacancy, which election shall take place at the next succeeding general election, and the justice so elected shall hold the office for the remainder of the unexpired term. [1971 c 81 § 3; 1955 c 38 § 2. Prior: 1937 c 15 § 1; 1893 c 5 § 2; 1890 p 321 § 3; RRS § 11044.] 2.04.110 Justices, judges to wear gowns. Each of the justices of the supreme court, judges of the court of appeals, and the judges of the superior courts shall in open court during the presentation of causes, before them, appear in and wear gowns, made of black silk, of the usual style of judicial gowns. [1971 c 81 § 4; 1909 c 206 § 1; RRS § 11054. Formerly RCW 2.04.110, 2.08.130.] 2.04.150 Apportionment of business—En banc hearings. The chief justice shall from time to time apportion the business to the departments, and may, in his discretion, before a decision is pronounced, order any cause pending before the court to be heard and determined by the court en banc. When a cause has been allotted to one of the departments and a decision pronounced therein, the chief justice, together with any two associate judges, may order such cause to be heard and decided by the court en banc. Any four judges may, either before or after decision by a department, order a cause to be heard en banc. [1909 c 24 § 4, part; RRS § 9.] Rules of court: SAR 4. 2.04.180 Rules of practice and forms of process in supreme court. The supreme court may from time to time institute such rules of practice and prescribe such forms of (2002 Ed.) Supreme Court process to be used in such court and in the court en banc and each of its departments, and for the keeping of the dockets, records and proceedings, and for the regulation of such court, including the court en banc and in departments, as may be deemed most conducive to the due administration of justice. [1909 c 24 § 8; 1890 p 323 § 12; RRS § 13.] Rules of court: Cf. Title 1 RAP and RAP 18.10. 2.04.190 Rules of pleading, practice, and procedure generally. The supreme court shall have the power to prescribe, from time to time, the forms of writs and all other process, the mode and manner of framing and filing proceedings and pleadings; of giving notice and serving writs and process of all kinds; of taking and obtaining evidence; of drawing up, entering and enrolling orders and judgments; and generally to regulate and prescribe by rule the forms for and the kind and character of the entire pleading, practice and procedure to be used in all suits, actions, appeals and proceedings of whatever nature by the supreme court, superior courts, and district courts of the state. In prescribing such rules the supreme court shall have regard to the simplification of the system of pleading, practice and procedure in said courts to promote the speedy determination of litigation on the merits. [1987 c 202 § 101; 1925 ex.s. c 118 § 1; RRS § 13-1.] Rules of court: Cf. Title 1 RAP. Intent—1987 c 202: "The legislature intends to: (1) Make the statutes of the state consistent with rules adopted by the supreme court governing district courts; and (2) Delete or modify archaic, outdated, and superseded language and nomenclature in statutes related to the district courts." [1987 c 202 § 1.] Court of appeals—Rules of administration and procedure: RCW 2.06.030. 2.04.200 Effect of rules upon statutes. When and as the rules of courts herein authorized shall be promulgated all laws in conflict therewith shall be and become of no further force or effect. [1925 ex.s. c 118 § 2; RRS § 13-2.] Rules of court: Cf. CR 81(b), RAP 1.1(g). 2.04.210 Supplementary superior court rules. RCW 2.04.190 through 2.04.210 shall not be construed to deprive the superior courts of power to establish rules for their government supplementary to and not in conflict with the rules prescribed by the supreme court. [1925 ex.s. c 118 § 3; RRS § 13-3.] Rules of court: Cf. CR 83(a); Cf. RAP 1.1. Rules for government of superior courts: RCW 2.08.230, 2.16.040. 2.04.215 Adoption of rules for settlement conferences in civil cases. By January 1, 1982, the supreme court shall adopt rules for settlement conferences in civil cases in such superior courts and the court of appeals which are amenable to the settlement conference process. [1981 c 331 § 5.] Court Congestion Reduction Act of 1981—Purpose— Severability—1981 c 331: See notes following RCW 2.32.070. Adoption of rules for discovery in civil cases in courts of limited jurisdiction: RCW 3.02.050. 2.04.220 Effect of supreme court judgments. The judgments and decrees of the supreme court shall be final (2002 Ed.) 2.04.180 and conclusive upon all the parties properly before the court. [1890 p 323 § 8; RRS § 14.] Rules of court: SAR-Rule 3. 2.04.230 Report to governor. The judges of the supreme court shall, on or before the first day of January in each year, report in writing to the governor such defects and omissions in the laws as they may believe to exist. [1890 p 324 § 16; RRS § 11042.] Annual report to governor: State Constitution Art. 4 § 25. Court of appeals—Reporting defects or omissions in the laws: RCW 2.06.110. 2.04.240 Judge pro tempore—Declaration of policy—Appointment—Oath of office. (1) DECLARATION OF POLICY. Whenever necessary for the prompt and orderly administration of justice, as authorized and empowered by Article IV, section 2(a), Amendment 38, of the state Constitution, a majority of the supreme court may appoint any regularly elected and qualified judge of the court of appeals or the superior court or any retired judge of a court of record in this state to serve as judge pro tempore of the supreme court. (2) If the term of a justice of the supreme court expires with cases or other judicial business pending, the chief justice of the supreme court may appoint the justice to serve as judge pro tempore of the supreme court, whenever necessary for the prompt and orderly administration of justice. No justice may be appointed under this subsection more than one time and no appointment may exceed sixty days. (3) Before entering upon his or her duties as judge pro tempore of the supreme court, the appointee shall take and subscribe an oath of office as provided for in Article IV, section 28 of the state Constitution. [1997 c 88 § 1; 1982 c 72 § 1; 1963 c 40 § 1.] Rules of court: SAR 21. 2.04.250 Judge pro tempore—Remuneration. (1) A judge of the court of appeals or of the superior court serving as a judge pro tempore of the supreme court as provided in RCW 2.04.240 shall receive, in addition to his or her regular salary, reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060. (2) A retired judge of a court of record in this state serving as a judge pro tempore of the supreme court as provided in RCW 2.04.240 shall receive, in addition to any retirement pay he or she may be receiving, the following compensation and expenses: (a) Reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060. (b) During the period of his or her service as a judge pro tempore, an amount equal to the salary of a regularly elected judge of the court in which he or she last served for such period diminished by the amount of retirement pay accrued to him or her for such period. (3) Whenever a superior court judge is appointed to serve as judge pro tempore of the supreme court and a visiting judge is assigned to replace him or her, subsistence, [Title 2 RCW—page 3] 2.04.250 Title 2 RCW: Courts of Record lodging, and travel expenses incurred by such visiting judge as a result of such assignment shall be paid in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060, upon application of such judge from the appropriation of the supreme court. (4) A justice appointed as judge pro tempore of the supreme court under RCW 2.04.240(2) shall continue to receive compensation in accordance with the rates applicable to the justice immediately before the expiration of the term. (5) The provisions of RCW 2.04.240(1) and 2.04.250 (1) through (3) shall not be construed as impairing or enlarging any right or privilege acquired in any retirement or pension system by any judge or his or her dependents. [1997 c 88 § 2; 1982 c 72 § 2; 1981 c 186 § 1; 1963 c 40 § 2.] Chapter 2.06 COURT OF APPEALS Sections 2.06.010 2.06.020 2.06.022 Court of appeals established—Definitions. Divisions—Locations—Judges enumerated—Districts. Effective date for Snohomish county judicial position— Initial term. 2.06.024 Effective date for Pierce county judicial position—Initial term. 2.06.030 General powers and authority—Transfers of cases— Appellate jurisdiction, exceptions—Appeals. 2.06.040 Panels—Decisions, publication as opinions, when— Sessions—Rules. 2.06.045 When open for transaction of business. 2.06.050 Qualifications of judges. 2.06.062 Salary of judges. 2.06.070 Original appointments—Election of judges—Terms of office. 2.06.075 Appointments to positions created by 1977 ex.s. c 49 § 1— Election—Terms of office. 2.06.076 Appointments to positions created by 1993 c 420 § 1— Election—Appointment—Terms of office. 2.06.080 Vacancy, how filled. 2.06.085 Oath of judges. 2.06.090 Practice of law, seeking nonjudicial elective office prohibited. 2.06.100 Retirement. 2.06.110 Reporting defects or omissions in the laws. 2.06.150 Judge pro tempore—Appointment—Oath of office. 2.06.160 Judge pro tempore—Remuneration. Commission on supreme court reports: RCW 2.32.160. Commissioners of the court of appeals: Rules of court: CAR 16. Court of appeals reports: RCW 2.32.160, 40.04.030, 40.04.100, and 40.04.110. 2.06.010 Court of appeals established—Definitions. There is hereby established a court of appeals as a court of record. For the purpose of RCW 2.06.010 through 2.06.100 the following terms shall have the following meanings: (1) "Rules" means rules of the supreme court. (2) "Chief justice" means chief justice of the supreme court. (3) "Court" means court of appeals. (4) "Judge" means judge of the court of appeals. (5) "Division" means a division of the court of appeals. (6) "District" means a geographic subdivision of a division from which judges of the court of appeals are elected. [Title 2 RCW—page 4] (7) "General election" means the biennial election at which members of the house of representatives are elected. [1969 ex.s. c 221 § 1.] 2.06.020 Divisions—Locations—Judges enumerated—Districts. The court shall have three divisions, one of which shall be headquartered in Seattle, one of which shall be headquartered in Spokane, and one of which shall be headquartered in Tacoma: (1) The first division shall have twelve judges from three districts, as follows: (a) District 1 shall consist of King county and shall have eight judges; (b) District 2 shall consist of Snohomish county and shall have two judges; and (c) District 3 shall consist of Island, San Juan, Skagit and Whatcom counties and shall have two judges. (2) The second division shall have seven judges from the following districts: (a) District 1 shall consist of Pierce county and shall have three judges; (b) District 2 shall consist of Clallam, Grays Harbor, Jefferson, Kitsap, Mason, and Thurston counties and shall have two judges; (c) District 3 shall consist of Clark, Cowlitz, Lewis, Pacific, Skamania, and Wahkiakum counties and shall have two judges. (3) The third division shall have five judges from the following districts: (a) District 1 shall consist of Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens counties and shall have two judges; (b) District 2 shall consist of Adams, Asotin, Benton, Columbia, Franklin, Garfield, Grant, Walla Walla, and Whitman counties and shall have one judge; (c) District 3 shall consist of Chelan, Douglas, Kittitas, Klickitat and Yakima counties and shall have two judges. [1999 c 75 § 1; 1993 c 420 § 1; 1989 c 328 § 10; 1977 ex.s. c 49 § 1; 1969 ex.s. c 221 § 2.] Rules of court: Cf. RAP 4.1(b). Effective date—1993 c 420: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993]." [1993 c 420 § 3.] Intent—1989 c 328: See note following RCW 2.08.061. Appointments to positions created by the amendment to this section by 1977 ex.s. c 49 § 1: RCW 2.06.075. 2.06.022 Effective date for Snohomish county judicial position—Initial term. The new judicial position for the first division, district 2, Snohomish county created pursuant to the 1989 amendment to RCW 2.06.020 shall become effective January 1, 1990, and shall be filled by gubernatorial appointment. The person appointed by the governor shall hold office until the general election to be held in November 1990. At the general election, the judge appointed shall be entitled to run for a term of six years or until the second Monday in January 1997, and until a successor is elected and qualified. Thereafter, the judge shall be elected for a term of six years and until a successor is elected and qualified, commencing (2002 Ed.) Court of Appeals with the second Monday in January succeeding the election. [1989 c 328 § 11.] Intent—1989 c 328: See note following RCW 2.08.061. 2.06.024 Effective date for Pierce county judicial position—Initial term. The new judicial position for the second division, district 1, Pierce county, created pursuant to the 1999 amendment to RCW 2.06.020 shall become effective July 1, 2000, and shall be filled by gubernatorial appointment. The person appointed by the governor shall hold office until the general election to be held in November 2000. At the general election, the judge appointed shall be entitled to run for a term of six years or until the second Monday in January 2007, and until a successor is elected and qualified. Thereafter, the judge shall be elected for a term of six years and until a successor is elected and qualified, commencing with the second Monday in January succeeding the election. [1999 c 75 § 2.] 2.06.030 General powers and authority—Transfers of cases—Appellate jurisdiction, exceptions—Appeals. The administration and procedures of the court shall be as provided by rules of the supreme court. The court shall be vested with all power and authority, not inconsistent with said rules, necessary to carry into complete execution all of its judgments, decrees and determinations in all matters within its jurisdiction, according to the rules and principles of the common law and the Constitution and laws of this state. For the prompt and orderly administration of justice, the supreme court may (1) transfer to the appropriate division of the court for decision a case or appeal pending before the supreme court; or (2) transfer to the supreme court for decision a case or appeal pending in a division of the court. Subject to the provisions of this section, the court shall have exclusive appellate jurisdiction in all cases except: (a) cases of quo warranto, prohibition, injunction or mandamus directed to state officials; (b) criminal cases where the death penalty has been decreed; (c) cases where the validity of all or any portion of a statute, ordinance, tax, impost, assessment or toll is drawn into question on the grounds of repugnancy to the Constitution of the United States or of the state of Washington, or to a statute or treaty of the United States, and the superior court has held against its validity; (d) cases involving fundamental and urgent issues of broad public import requiring prompt and ultimate determination; and (e) cases involving substantive issues on which there is a direct conflict among prevailing decisions of panels of the court or between decisions of the supreme court; all of which shall be appealed directly to the supreme court: PROVIDED, That whenever a majority of the court before which an appeal is pending, but before a hearing thereon, is in doubt as to whether such appeal is within the categories set forth in subsection (d) or (e) of this section, the cause shall be certified to the supreme court for such determination. (2002 Ed.) 2.06.022 The appellate jurisdiction of the court of appeals does not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy, or the value of the property does not exceed the sum of two hundred dollars. The court shall have appellate jurisdiction over review of final decisions of administrative agencies certified by the superior court pursuant to RCW 34.05.518. Appeals from the court to the supreme court shall be only at the discretion of the supreme court upon the filing of a petition for review. No case, appeal or petition for a writ filed in the supreme court or the court shall be dismissed for the reason that it was not filed in the proper court, but it shall be transferred to the proper court. [1980 c 76 § 3; 1979 c 102 § 1; 1969 ex.s. c 221 § 3.] Rules of court: Cf. Titles 1 and 4 RAP, RAP 18.22. Severability—1979 c 102: See note following RCW 3.66.020. 2.06.040 Panels—Decisions, publication as opinions, when—Sessions—Rules. The court shall sit in panels of three judges and decisions shall be rendered by not less than a majority of the panel. In the determination of causes all decisions of the court shall be given in writing and the grounds of the decisions shall be stated. All decisions of the court having precedential value shall be published as opinions of the court. Each panel shall determine whether a decision of the court has sufficient precedential value to be published as an opinion of the court. Decisions determined not to have precedential value shall not be published. Panels in the first division shall be comprised of such judges as the chief judge thereof shall from time to time direct. Judges of the respective divisions may sit in other divisions and causes may be transferred between divisions, as directed by written order of the chief justice. The court may hold sessions in cities as may be designated by rule. No judge of the court shall be entitled to per diem or mileage for services performed at either his legal residence or the headquarters of the division of the court of which he is a member. The court may establish rules supplementary to and not in conflict with rules of the supreme court. [1987 c 43 § 1; 1984 c 258 § 91; 1971 c 41 § 1; 1969 ex.s. c 221 § 4.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 2.06.045 When open for transaction of business. See RCW 2.04.030. 2.06.050 Qualifications of judges. A judge of the court shall be: (1) Admitted to the practice of law in the courts of this state not less than five years prior to taking office. (2) A resident for not less than one year at the time of appointment or initial election in the district for which his position was created. [1969 ex.s. c 221 § 5.] 2.06.062 Salary of judges. The annual salary of the judges of the court of appeals shall be established by the Washington citizens’ commission on salaries for elected officials. No salary warrant may be issued to any judge until the judge files with the state treasurer an affidavit that [Title 2 RCW—page 5] 2.06.062 Title 2 RCW: Courts of Record no matter referred to the judge for opinion or decision has been uncompleted for more than six months. [1986 c 155 § 5; 1984 c 258 § 402.] Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Washington citizens’ commission on salaries for elected officials: RCW 43.03.305. 2.06.070 Original appointments—Election of judges—Terms of office. Upon the taking effect of RCW 2.06.010 through 2.06.100, the governor shall appoint the judges of the court of appeals for each district in the numbers provided in RCW 2.06.020, who shall hold office until the second Monday in January of the year following the first state general election following the effective date of this act. In making the original appointments the governor shall take into consideration such factors as: Personal character; intellect; ability; diversity of background of experience in the practice of the law; diversity of political philosophy; diversity of educational experience; and diversity of affiliation with social and economic groups, for the purpose of establishing a balanced appellate court with the highest quality of personnel. At the first state general election after the effective date of this act there shall be elected from each district the number of judges provided for in RCW 2.06.020. Upon taking office the judges of each division elected shall come together at the direction of the chief justice and be divided by lot into three equal groups; those of the first group shall hold office until the second Monday in January of 1973, those of the second group shall hold office until the second Monday in January of 1975, and those of the third group shall hold office until the second Monday in January of 1977, and until their successors are elected and qualified. Thereafter, judges shall be elected for the full term of six years and until their successors are elected and qualified, commencing with the second Monday in January succeeding their election: PROVIDED, HOWEVER, That if the governor shall make appointments to the appellate court from membership of the superior court, the governor shall, in making appointments filling vacancies created in the superior courts by such action, take into consideration such factors as: Personal character; intellect; ability; diversity of background of experience in the practice of the law; diversity of political philosophy; diversity of educational experience; and diversity of affiliation with social and economic groups, for the purpose of maintaining a balanced superior court with the highest quality of personnel. [1969 ex.s. c 221 § 7.] Effective date—1969 ex.s. c 221: The effective date of this act [1969 ex.s. c 221] is May 8, 1969, see preface to 1969 session laws. 2.06.075 Appointments to positions created by 1977 ex.s. c 49 § 1—Election—Terms of office. The new judicial positions created pursuant to section 1, chapter 49, Laws of 1977 ex. sess. shall become effective January 1, 1978 and shall be filled by gubernatorial appointment as follows: (1) Two shall be appointed to the first division, District 1, King county; [Title 2 RCW—page 6] (2) One shall be appointed to the second division, District 1, Pierce county; and (3) One shall be appointed to the third division, District 1, Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens counties. The persons appointed by the governor shall hold office until the general election to be held in November 1978. Upon taking office the two newly appointed judges in Division 1 shall determine by lot the length of term they will be entitled to run for in the general election of 1977. One term will be for one year or until the second Monday in January 1980, and the other for three years or until the second Monday in January 1982, and until their successors are elected and qualified. Thereafter judges shall be elected for a term of six years and until their successors are elected and qualified, commencing with the second Monday in January succeeding their election. At the general election to be held in November 1978, the judges appointed in Division 2 and Division 3 shall be entitled to run for a term of six years or until the second Monday in January 1985, and until their successors are elected and qualified. Thereafter judges shall be elected for a term of six years and until their successors are elected and qualified, commencing with the second Monday in January succeeding their election. [1977 ex.s. c 49 § 3.] 2.06.076 Appointments to positions created by 1993 c 420 § 1—Election—Appointment—Terms of office. (1) Any judicial position created by *section 1, chapter 420, Laws of 1993 shall be effective only if that position is specifically funded and is referenced by division and district in an omnibus appropriations act. (2)(a) The full term of office for the judicial positions authorized pursuant to chapter 420, Laws of 1993 shall be six years. (b) The authorized judicial positions shall be filled at the general election in the November immediately preceding the beginning of the full term except as provided in (d) and (e) of this subsection. (c) The six-year terms shall be staggered as follows: In the first division, the initial full terms of six years for the two positions in district 1 shall begin the second Monday in January following the general election held in November 2000. If the effective date for the judicial positions are later than the deadline to include it in the November 2000 election, the initial full term shall begin the second Monday in January following the general election held in November 2006. (d) Upon becoming effective pursuant to subsection (1) of this section, the governor shall appoint judges to the additional judicial positions authorized in section 1, chapter 420, Laws of 1993. The appointed judges shall hold office until the second Monday in January following the general election following the effective date of the position. The appointed judges and other judicial candidates are entitled to run for the judicial position at the general election following appointment. (e) The initial election for these positions shall be held in November following the effective date of the position. If the initial election of a newly authorized position is not held on a date which corresponds to the beginning of a full term (2002 Ed.) Court of Appeals as specified in (c) of this subsection, the election shall be for a partial term. [1998 c 26 § 1; 1993 c 420 § 2.] *Reviser’s note: Section 1, chapter 420, Laws of 1993 was not referenced in a 1993 omnibus appropriations act. Effective date—1993 c 420: See note following RCW 2.06.020. 2.06.080 Vacancy, how filled. If a vacancy occurs in the office of a judge of the court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election and the judge so elected shall hold the office for the remainder of the unexpired term. [1969 ex.s. c 221 § 8.] 2.06.085 Oath of judges. The several judges of the court of appeals, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully and impartially discharge the duties of the office of judge of the court of appeals of the State of Washington to the best of my ability." Which oath or affirmation may be administered by any person authorized to administer oaths, a certificate whereof shall be affixed thereto by the person administering the oath. And the oath or affirmation so certified shall be filed in the office of the secretary of state. [1971 c 81 § 182.] 2.06.090 Practice of law, seeking nonjudicial elective office prohibited. No judge, while in office, shall engage in the practice of law. No judge shall run for elective office other than a judicial office during the term for which he was elected. [1969 ex.s. c 221 § 9.] 2.06.100 Retirement. Judges shall retire at the age, and under the conditions and with the same retirement benefits as specified by law for the retirement of justices of the supreme court. [1969 ex.s. c 221 § 10.] 2.06.110 Reporting defects or omissions in the laws. Court of appeals judges shall, on or before the first day of November in each year, report in writing to the justices of the supreme court, such defects and omissions in the laws as their experience may suggest. [1971 ex.s. c 107 § 6.] 2.06.150 Judge pro tempore—Appointment—Oath of office. (1) Whenever necessary for the prompt and orderly administration of justice, the chief justice of the supreme court of the state of Washington may appoint any regularly elected and qualified judge of the superior court or any retired judge of a court of record in this state to serve as judge pro tempore of the court of appeals: PROVIDED, HOWEVER, That no judge pro tempore appointed to serve on the court of appeals may serve more than ninety days in any one year. (2) If the term of a judge of the court of appeals expires with cases or other judicial business pending, the chief justice of the supreme court of the state of Washington, upon the recommendation of the chief presiding judge of the court (2002 Ed.) 2.06.076 of appeals, may appoint the judge to serve as judge pro tempore of the court of appeals, whenever necessary for the prompt and orderly administration of justice. No judge may be appointed under this subsection more than one time and no appointment may exceed sixty days. (3) Before entering upon his or her duties as judge pro tempore of the court of appeals, the appointee shall take and subscribe an oath of office as provided for in Article IV, section 28 of the state Constitution. [1997 c 88 § 3; 1977 ex.s. c 49 § 2; 1973 c 114 § 1.] Judge pro tempore appointments: RCW 2.56.170. 2.06.160 Judge pro tempore—Remuneration. (1) A judge of a court of record serving as a judge pro tempore of the court of appeals, as provided in RCW 2.06.150, shall receive, in addition to his or her regular salary, reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060. (2) A retired judge of a court of record in this state serving as a judge pro tempore of the court of appeals, as provided in RCW 2.06.150, shall receive, in addition to any retirement pay he or she may be receiving, the following compensation and expenses: (a) Reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060; and (b) During the period of his or her service as judge pro tempore, he or she shall receive as compensation sixty percent of one-two hundred and fiftieth of the annual salary of a court of appeals judge for each day of service: PROVIDED, HOWEVER, That the total amount of combined compensation received as salary and retirement by any judge in any calendar year shall not exceed the yearly salary of a full time judge. (3) Whenever a judge of a court of record is appointed to serve as judge pro tempore of the court of appeals and a visiting judge is assigned to replace him or her, subsistence, lodging, and travel expenses incurred by such visiting judge as a result of such assignment shall be paid in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060, upon application of such judge from the appropriation of the court of appeals. (4) A judge appointed as judge pro tempore of the court of appeals under RCW 2.06.150(2) shall continue to receive compensation in accordance with the rates applicable to the judge immediately before the expiration of the term. (5) The provisions of RCW 2.06.150(1) and 2.06.160 (1) through (3) shall not be construed as impairing or enlarging any right or privilege acquired in any retirement or pension system by any judge or his or her dependents. [1997 c 88 § 4; 1981 c 186 § 2; 1973 c 114 § 2.] Chapter 2.08 SUPERIOR COURTS Sections 2.08.010 2.08.020 2.08.030 2.08.040 Original jurisdiction. Appellate jurisdiction. Courts of record—Sessions. Effect of adjournments. [Title 2 RCW—page 7] Chapter 2.08 Title 2 RCW: Courts of Record 2.08.050 2.08.060 2.08.061 2.08.062 Seal of courts. Judges—Election. Judges—King, Spokane, and Pierce counties. Judges—Chelan, Douglas, Clark, Grays Harbor, Kitsap, Kittitas, and Lewis counties. 2.08.063 Judges—Lincoln, Skagit, Walla Walla, Whitman, Yakima, Adams, and Whatcom counties. 2.08.064 Judges—Benton, Franklin, Clallam, Jefferson, Snohomish, Asotin, Columbia, Garfield, Cowlitz, Klickitat, and Skamania counties. 2.08.065 Judges—Grant, Ferry, Okanogan, Mason, Thurston, Pacific, Wahkiakum, Pend Oreille, Stevens, San Juan, and Island counties. 2.08.069 Judges—Filling vacancies resulting from creation of additional judgeships. 2.08.070 Terms of office. 2.08.080 Oath of office. 2.08.092 Salary of judges. 2.08.100 Payment of county’s portion. 2.08.110 Apportionment between counties in joint judicial district. 2.08.115 Judge serving district comprising more than one county— Reimbursement for travel expenses. 2.08.120 Vacancy, how filled. 2.08.140 Visiting judge at direction of governor. 2.08.150 Visiting judge at request of judge or judges. 2.08.160 Sessions where more than one judge sits—Effect of decrees, orders, etc. 2.08.170 Expenses of visiting judge. 2.08.180 Judge pro tempore—Appointment—Oath—Compensation. 2.08.185 Attorney serving as guardian ad litem—Disqualification as judge pro tempore or commissioner pro tempore— Circumstances. 2.08.190 Powers of judge in counties of his district. 2.08.200 Decisions and rulings in matters heard outside judge’s district. 2.08.210 Extent of court’s process—Venue. 2.08.220 Process, to whom directed. 2.08.230 Uniform rules to be established. 2.08.240 Limit of time for decision. 2.08.250 Report to judges of supreme court. Basic juvenile court act: Chapter 13.04 RCW. Court commissioners: State Constitution Art. 4 § 23. Court filing fees: RCW 36.18.020. Family court: Chapter 26.12 RCW. Judiciary and judicial power: State Constitution Art. 4. legal holidays and nonjudicial days. [1955 c 38 § 3; 1890 p 342 § 5; RRS § 15.] Jurisdiction of superior courts: State Constitution Art. 4 § 6 (Amendment 28). 2.08.020 Appellate jurisdiction. The superior courts shall have such appellate jurisdiction in cases arising in courts of limited jurisdiction in their respective counties as may be prescribed by law. [1987 c 202 § 102; 1890 p 343 § 6; RRS § 17.] Rules of court: See Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). Intent—1987 c 202: See note following RCW 2.04.190. Appeals from district courts: Criminal, chapter 10.10 RCW; civil, chapter 12.36 RCW. municipal courts: Chapter 35.20 RCW. Jurisdiction of superior courts: State Constitution Art. 4 § 6 (Amendment 28). 2.08.030 Courts of record—Sessions. The superior courts are courts of record, and shall be always open, except on nonjudicial days. They shall hold their sessions at the county seats of the several counties, respectively, and at such other places within the county as are designated by the judge or judges thereof with the approval of the chief justice of the supreme court of this state and of the governing body of the county. They shall hold regular and special sessions in the several counties of this state at such times as may be prescribed by the judge or judges thereof. [1971 ex.s. c 60 § 1; 1890 p 343 § 7; RRS § 18.] Rules of court: Cf. CR 77(d), (f). Courts of record: State Constitution Art. 4 § 11. Open when: State Constitution Art. 4 § 6 (Amendment 28). 2.08.040 Effect of adjournments. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the court from sitting at any time. [1890 p 343 § 8; RRS § 26.] Rules of court: Cf. CR 77(g). 2.08.010 Original jurisdiction. The superior court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand or the value of the property in controversy amounts to three hundred dollars, and in all criminal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate, of divorce and for annulment of marriage, and for such special cases and proceedings as are not otherwise provided for; and shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court, and shall have the power of naturalization and to issue papers therefor. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition and writs of habeas corpus on petition by or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition and of habeas corpus may be issued on [Title 2 RCW—page 8] 2.08.050 Seal of courts. The seals of the superior courts of the several counties of the state shall be, until otherwise provided by law, the vignette of General George Washington, with the words "Seal of the Superior Court of . . . . . . County, State of Washington," surrounding the vignette. [1890 p 345 § 17; RRS § 38.] 2.08.060 Judges—Election. There shall be in each of the counties a superior court. Judges of the superior court shall be elected at the general election in November, 1952, and every four years thereafter. [1951 c 125 § 2; 1949 c 237 §§ 1-5, part; 1945 c 20 § 1, part; 1933 ex.s. c 63 §§ 13, part; 1927 c 135 § 1, part; Rem. Supp. 1949 §§ 11045-1f1i, part; Rem. Supp. 1945 §§ 11045-1d & 1e, part; RRS §§ 11045-1, 1a, 1b, 1c, part. Prior: 1925 ex.s. c 66 §§ 1-3, part; 1925 ex.s. c 132 §§ 1-4, part; 1917 c 97 §§ 1-5, part; 1913 c 17 §§ 1-4, part; 1911 c 40 §§ 1-3, part; 1911 c 62 §§ 1-3, part; 1911 c 76 §§ 1-3, part; 1911 c 129 §§ 1-3, part; 1911 c 131 §§ 1-2, part; 1909 c 10 §§ 1-3, part; 1909 c 12 §§ 1-3, part; 1909 c 52 §§ 1-3, part; 1909 c 94 §§ 1-3, part; 1907 c 79 §§ 1-3, part; 1907 c 106 § 1, part; 1907 c 178 §§ (2002 Ed.) Superior Courts 1-2, part; 1905 c 9 §§ 1-3, part; 1905 c 36 §§ 1-4, part; 1903 c 50 § 1, part; 1895 c 89 § 1, part; 1891 c 68 §§ 1-3, part; 1890 p 341 § 1, part.] Election, terms, etc., superior judges: State Constitution Art. 4 § 5. Eligibility of judges: State Constitution Art. 4 § 17. Impeachment: State Constitution Art. 5. Judges ineligible to other office: State Constitution Art. 4 § 15. Judges may not practice law: State Constitution Art. 4 § 19. Removal from office: State Constitution Art. 4 § 9. 2.08.061 Judges—King, Spokane, and Pierce counties. There shall be in the county of King no more than fifty-eight judges of the superior court; in the county of Spokane thirteen judges of the superior court; and in the county of Pierce twenty-four judges of the superior court. [1997 c 347 § 3; 1996 c 208 § 3; 1992 c 189 § 1; 1989 c 328 § 2; 1987 c 323 § 1; 1985 c 357 § 1; 1980 c 183 § 1; 1979 ex.s. c 202 § 1; 1977 ex.s. c 311 § 1; 1973 1st ex.s. c 27 § 1; 1971 ex.s. c 83 § 5; 1969 ex.s. c 213 § 1; 1967 ex.s. c 84 § 1; 1963 c 48 § 1; 1961 c 67 § 1; 1955 c 176 § 1; 1951 c 125 § 3. Prior: 1949 c 237 §§ 1, 3; 1933 ex.s. c 63 § 1; 1927 c 135 § 1, part; 1925 ex.s. c 66 § 1; 1911 c 76 § 1; 1909 c 52 § 1; 1909 c 12 § 1; 1909 c 10 § 1; 1907 c 106 § 1; 1907 c 79 § 1, part; 1905 c 9 § 1; 1895 c 89 § 1, part; 1891 c 68 § 2; 1890 p 341 § 1, part; Rem. Supp. 1949 §§ 11045-1f, 11045-1h; RRS §§ 11045-1, 11045-1a, part.] Starting dates of additional judicial positions in Spokane county— Effective, starting dates of additional judicial positions in Pierce county—1997 c 347: "(1) The additional judicial positions created by section 3 of this act for the county of Spokane take effect upon July 27, 1997, but the actual starting dates for these positions may be established by the Spokane county commissioners upon the request of the superior court. (2) The additional positions created by section 3 of this act for the county of Pierce, take effect as follows: One additional judicial position is effective January 1, 1998; two positions are effective January 1, 1999; and two positions are effective January 1, 2000. The actual starting dates for these positions may be established by the Pierce county council upon request of the superior court and by recommendation of the Pierce county executive." [1997 c 347 § 4.] Additional judicial position in Spokane county subject to approval and agreement—1996 c 208: "The additional judicial position created by section 3 of this act shall be effective only if Spokane county through its duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial position as provided by statute." [1996 c 208 § 4.] Effective dates—1992 c 189: "(1) Sections 1, 3, and 5 of this act shall take effect July 1, 1992. (2) The remainder of this act shall take effect July 1, 1993." [1992 c 189 § 7.] Additional judicial positions subject to approval and agreement— 1992 c 189: "The additional judicial positions created by sections 1, 2, 3, 4, and 5 of this act shall be effective only if each county through its duly constituted legislative authority documents its approval of any additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial positions as provided by statute." [1992 c 189 § 8.] Intent—1989 c 328: "The legislature recognizes the dramatic increase in cases filed in superior court over the last six years in King, Pierce, and Snohomish counties. This increase has created a need for more superior court judges in those counties. The increased caseload at the superior court level has also caused a similar increase in the case and petition filings in the court of appeals. Currently, the additional caseload is being handled by pro tempore judges and excessive caseloads for permanent judges. The addition of a permanent full-time judge will allow the court to more efficiently process the growing caseload. (2002 Ed.) 2.08.060 By the creation of these additional positions, it is the intent of the legislature to promote the careful judicial review of cases by an elected judiciary." [1989 c 328 § 1.] Additional judicial positions subject to approval and agreement— 1989 c 328: "The additional judicial positions created by sections 2 and 3 of this act in Pierce and Snohomish counties shall be effective only if the county through its duly constituted legislative authority documents its approval of any additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial positions as provided by statute. The additional expenses include, but are not limited to, expenses incurred for court facilities." [1989 c 328 § 5.] Effective dates for additional judicial positions—1989 c 328 §§ 2 and 3: "(1) Three additional judicial positions created by section 2 of this 1989 act shall be effective January 1, 1990. (2) One additional judicial position created by section 3 of this act shall be effective July 1, 1990; the second position shall be effective not later than June 30, 1991." [1989 c 328 § 7.] Effective dates—Additional judicial positions in King, Chelan, and Douglas counties subject to approval and agreement—1989 c 328; 1987 c 323: "Sections 1 and 2 of this act shall take effect January 1, 1988. The additional judicial positions created by sections 1 and 2 of this act in King county and Chelan and Douglas counties shall be effective only if each county through its duly constituted legislative authority documents its approval of any additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial positions as provided by statute. The additional expenses include, but are not limited to, expenses incurred for court facilities. The legislative authorities of Chelan and Douglas counties may in their discretion phase in any additional judicial positions over a period of time not to extend beyond January 1, 1990. The legislative authority of King county may in its discretion phase in any additional judicial positions over a period of time not to extend beyond January 1, 1991." [1989 c 328 § 6; 1987 c 323 § 5.] Effective dates—Additional judicial positions in Pierce, Clark, and Snohomish counties subject to approval and agreement—1985 c 357: "(1) Sections 1 and 2 of this act shall take effect January 1, 1987. The additional judicial positions created by sections 1 and 2 of this act in Pierce and Clark counties shall be effective only if, prior to January 1, 1987, each county through its duly constituted legislative authority documents its approval of the additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial positions as provided by statute. The additional expenses include, but are not limited to, expenses incurred for court facilities. (2) Section 3 of this act shall take effect January 1, 1986. The additional judicial position created by section 3 of this act in Snohomish county shall be effective only if, prior to January 1, 1986, the county through its duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial position as provided by statute. The additional expenses include, but are not limited to, expenses incurred for court facilities." [1985 c 357 § 4.] Effective date—1977 ex.s. c 311: "This 1977 amendatory act shall take effect November 1, 1977." [1977 ex.s. c 311 § 6.] 2.08.062 Judges—Chelan, Douglas, Clark, Grays Harbor, Kitsap, Kittitas, and Lewis counties. There shall be in the county of Chelan four judges of the superior court; in the county of Douglas one judge of the superior court; in the county of Clark eight judges of the superior court; in the county of Grays Harbor three judges of the superior court; in the county of Kitsap seven judges of the superior court; in the county of Kittitas one judge of the superior court; in the county of Lewis three judges of the superior court. [1998 c 270 § 1; 1996 c 208 § 1; 1995 c 117 § 1; 1992 c 189 § 2; 1990 c 186 § 1; 1987 c 323 § 2; 1985 c 357 § 2; 1979 ex.s. c 202 § 2; 1977 ex.s. c 311 § 2; 1975-’76 2nd ex.s. c 79 § 1; 1971 ex.s. c 83 § 4; 1967 ex.s. c 84 § 2; 1963 c 48 § 2; 1951 c 125 § 4. Prior: 1945 c 20 § 1, part; [Title 2 RCW—page 9] 2.08.062 Title 2 RCW: Courts of Record 1927 c 135 § 1, part; 1911 c 131 § 1; 1907 c 79 § 1, part; 1907 c 178 § 1, part; 1905 c 36 § 1, part; 1895 c 89 § 1, part; 1891 c 68 § 3, part; 1890 p 341 § 1, part; Rem. Supp. 1945 § 11045-1d, part; RRS § 11045-1, part.] Effective date—1998 c 270: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 1998]." [1998 c 270 § 5.] Additional judicial positions in Clark, Lewis, and Yakima counties—Start dates—Establishment by county commissioners upon superior court request—1998 c 270: "(1) The additional judicial position created by section 1 of this act for the county of Clark takes effect on April 1, 1998, but the actual starting date for this position may be established by the Clark county commissioners upon the request of the superior court. (2) The additional judicial position created by section 1 of this act for the county of Lewis takes effect on April 1, 1998, but the actual starting date for this position may be established by the Lewis county commissioners upon the request of the superior court. (3) The additional judicial positions created by section 2 of this act for the county of Yakima take effect on April 1, 1998, but the actual starting dates for these positions may be established by the Yakima county commissioners upon the request of the superior court." [1998 c 270 § 4.] Additional judicial positions in Chelan and Douglas counties subject to approval and agreement—1996 c 208: "(1) The three judicial positions serving Chelan and Douglas counties jointly are allocated to Chelan county, effective upon appointment of a judge to the Douglas county superior court. The additional judicial positions created by section 1, chapter 208, Laws of 1996, are allocated one to Chelan county and one to Douglas county and each position becomes effective only if each county, through its duly constituted legislative authority, documents its approval of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial position as provided by state law or the state Constitution. (2) The judicial positions created by section 1, chapter 208, Laws of 1996, shall be effective January 1, 1997." [1998 c 270 § 3; 1996 c 208 § 2.] Effect—Additional judicial position in Clark county subject to approval and agreement—1995 c 117: "The additional judicial position created by section 1 of this act is effective only if Clark county through its duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial position as provided by state law or the state Constitution." [1995 c 117 § 2.] Effective dates—Additional judicial positions subject to approval and agreement—1992 c 189: See notes following RCW 2.08.061. Effective dates—Additional judicial positions in Kitsap and Thurston counties subject to approval and agreement—1990 c 186: "(1)(a) One additional judicial position created by section 1 of this act and the additional judicial position created by section 2 of this act shall be effective July 1, 1990. (b) The second additional judicial position created by section 1 of this act shall be effective not later than, and at the discretion of the legislative authority may be phased in at any time before, January 1, 1994. (2) The additional judicial positions created by sections 1 and 2 of this act in Kitsap and Thurston counties shall be effective only if the county through its duly constituted legislative authority documents its approval of any additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial positions as provided by statute. The additional expenses include, but are not limited to, expenses incurred for court facilities." [1990 c 186 § 4.] Effective dates—Additional judicial positions in King, Chelan, and Douglas counties subject to approval and agreement—1987 c 323: See note following RCW 2.08.061. Effective dates—Additional judicial positions in Pierce, Clark, and Snohomish counties subject to approval and agreement—1985 c 357: See note following RCW 2.08.061. Adjustment in judicial services: See note following RCW 2.08.065. Effective date—1977 ex.s. c 311: See note following RCW 2.08.061. [Title 2 RCW—page 10] 2.08.063 Judges—Lincoln, Skagit, Walla Walla, Whitman, Yakima, Adams, and Whatcom counties. There shall be in the county of Lincoln one judge of the superior court; in the county of Skagit, three judges of the superior court; in the county of Walla Walla, two judges of the superior court; in the county of Whitman, one judge of the superior court; in the county of Yakima eight judges of the superior court; in the county of Adams, one judge of the superior court; in the county of Whatcom, three judges of the superior court. [1998 c 270 § 2; 1992 c 189 § 3; 1988 c 66 § 1; 1975 1st ex.s. c 49 § 1; 1973 1st ex.s. c 27 § 2; 1971 ex.s. c 83 § 1; 1963 c 48 § 3; 1955 c 19 § 1; 1951 c 125 § 5. Prior: 1949 c 237 §§ 2, 4; 1945 c 20 § 1, part; 1927 c 135 § 1, part; 1917 c 97 § 5, part; 1911 c 62 § 1; 1911 c 129 § 2, part; 1907 c 79 § 1, part; 1895 c 89 § 1, part; 1891 c 68 § 3, part; 1890 p 341 § 1, part; Rem. Supp. 1949 §§ 11045-1j, 11045-1i; Rem. Supp. 1945 § 11045-1d, part; RRS § 11045-1, part.] Effective date—Additional judicial positions in Clark, Lewis, and Yakima counties—Start dates—Establishment by county commissioners upon superior court request—1998 c 270: See notes following RCW 2.08.062. Effective dates—Additional judicial positions subject to approval and agreement—1992 c 189: See notes following RCW 2.08.061. Effect—Additional judicial position in Yakima county subject to approval and agreement—1988 c 66: "The additional judicial position created by section 1 of this act in Yakima county shall be effective only if the county through its legislative authority documents its approval by January 1, 1990, of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial position as provided by statute. The additional expenses include, but are not limited to, expenses incurred for court facilities." [1988 c 66 § 2.] 2.08.064 Judges—Benton, Franklin, Clallam, Jefferson, Snohomish, Asotin, Columbia, Garfield, Cowlitz, Klickitat, and Skamania counties. There shall be in the counties of Benton and Franklin jointly, five judges of the superior court; in the county of Clallam, two judges of the superior court; in the county of Jefferson, one judge of the superior court; in the county of Snohomish, fifteen judges of the superior court; in the counties of Asotin, Columbia and Garfield jointly, one judge of the superior court; in the county of Cowlitz, four judges of the superior court; in the counties of Klickitat and Skamania jointly, one judge of the superior court. [1997 c 347 § 1; 1993 sp.s. c 14 § 1; 1992 c 189 § 4; 1989 c 328 § 3; 1985 c 357 § 3; 1982 c 139 § 2; 1981 c 65 § 1; 1979 ex.s. c 202 § 3; 1977 ex.s. c 311 § 3; 1974 ex.s. c 192 § 1; 1971 ex.s. c 83 § 3; 1969 ex.s. c 213 § 2; 1967 ex.s. c 84 § 3; 1963 c 35 § 1; 1961 c 67 § 2; 1955 c 19 § 2; 1951 c 125 § 6. Prior: 1945 c 20 § 1, part; 1927 c 135 § 1, part; 1925 ex.s. c 132 § 1; 1917 c 97 §§ 1-3; 1911 c 40 § 1; 1911 c 129 §§ 1, 2, part; 1907 c 79 § 1, part; 1905 c 36 § 1, part; 1895 c 89 § 1, part; 1891 c 68 §§ 1, 3, part; 1890 p 341 § 1, part; Rem. Supp. 1945 § 11045-1d, part; RRS § 11045-1, part.] Starting dates of additional judicial positions in Snohomish county—1997 c 347: "The additional judicial positions created for the county of Snohomish under section 1 of this act are effective January 1, 1998, but the actual starting dates for these positions may be established by the Snohomish county council upon request of the superior court and by the recommendation of the Snohomish county executive." [1997 c 347 § 2.] Additional judicial position in Cowlitz county subject to approval and agreement—1993 sp.s. c 14: "The additional judicial position created by section 1 of this act shall be effective only if Cowlitz county through its (2002 Ed.) Superior Courts duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial position as provided by statute." [1993 sp.s. c 14 § 2.] Effective dates—Additional judicial positions subject to approval and agreement—1992 c 189: See notes following RCW 2.08.061. Intent—Additional judicial positions subject to approval and agreement—Effective dates for additional judicial positions—1989 c 328: See notes following RCW 2.08.061. Effective dates—Additional judicial positions in Pierce, Clark, and Snohomish counties subject to approval and agreement—1989 c 328; 1985 c 357: See note following RCW 2.08.061. Additional judicial positions in Clallam and Jefferson counties subject to approval and agreement—1982 c 139: "The additional judicial positions created by section 2 of this 1982 act in Clallam and Jefferson counties shall be effective only if, prior to April 1, 1982, each county through its duly constituted legislative authority documents its approval of the additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial positions as provided by statute." [1982 c 139 § 3.] Additional judicial positions in Ferry, Stevens, and Pend Oreille district subject to approval and agreement—1982 c 139; 1981 c 65: "The additional judicial position created by this 1981 act in the joint Ferry, Stevens, and Pend Oreille judicial district shall be effective only if each county in the judicial district through its duly constituted legislative authority documents its approval of the additional position and its agreement that it and the other counties comprising the judicial district will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial position as provided by statute. As among the counties, the amount of the judge’s salary to be paid by each county shall be in accordance with RCW 2.08.110 unless otherwise agreed upon by the counties involved." [1982 c 139 § 1; 1981 c 65 § 3.] Effective date—1977 ex.s. c 311: See note following RCW 2.08.061. 2.08.065 Judges—Grant, Ferry, Okanogan, Mason, Thurston, Pacific, Wahkiakum, Pend Oreille, Stevens, San Juan, and Island counties. There shall be in the county of Grant, three judges of the superior court; in the county of Okanogan, two judges of the superior court; in the county of Mason, two judges of the superior court; in the county of Thurston, eight judges of the superior court; in the counties of Pacific and Wahkiakum jointly, one judge of the superior court; in the counties of Ferry, Pend Oreille, and Stevens jointly, two judges of the superior court; and in the counties of San Juan and Island jointly, two judges of the superior court. [1999 c 245 § 1; 1996 c 208 § 5; 1992 c 189 § 5; 1990 c 186 § 2; 1986 c 76 § 1; 1981 c 65 § 2; 1979 ex.s. c 202 § 4; 1977 ex.s. c 311 § 4; 1973 1st ex.s. c 27 § 3; 1971 ex.s. c 83 § 2; 1969 ex.s. c 213 § 3; 1955 c 159 § 1; 1951 c 125 § 7. Prior: 1927 c 135 § 1, part; 1917 c 97 §§ 4, 5, part; 1913 c 17 § 1; 1911 c 131 § 2; 1907 c 79 § 1, part; 1907 c 178 § 1, part; 1903 c 50 § 1, part; 1895 c 89 § 1, part; 1891 c 68 §§ 1, 3, part; 1890 p 341 § 1, part; RRS § 11045-1, part.] Additional judicial positions subject to approval and agreement— 1999 c 245: "(1) The additional judicial position for Grant county created by section 1 of this act is effective only if Grant county through its duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial position as provided by state law or the state Constitution. (2) The additional judicial position for Okanogan county created by section 1 of this act is effective only if Okanogan county through its duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the existing and additional judicial positions as provided by state law or the state Constitution." [1999 c 245 § 2.] (2002 Ed.) 2.08.064 Additional judicial positions in Thurston county subject to approval and agreement—1996 c 208: "The additional judicial positions created by section 5 of this act are effective only if Thurston county through its duly constituted legislative authority documents its approval of the additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial positions as provided by state law or the state Constitution." [1996 c 208 § 6.] Effective dates of additional judicial positions in Thurston county—1996 c 208: "One judicial position created by section 5 of this act shall be effective July 1, 1996; the second position shall be effective July 1, 2000." [1996 c 208 § 7.] Effective dates—Additional judicial positions subject to approval and agreement—1992 c 189: See notes following RCW 2.08.061. Effective dates—Additional judicial positions in Kitsap and Thurston counties subject to approval and agreement—1990 c 186: See note following RCW 2.08.062. Effective date—Appointment of additional judicial position—1986 c 76: "(1) Pursuant to RCW 2.08.069, the governor shall appoint a person to fill the judicial position created by section 1 of this act in Mason county. The five judges of the superior court serving in the Thurston/Mason judicial district on January 1, 1987, shall be assigned to the new Thurston county judicial district. (2) This act shall take effect January 1, 1987. The additional judicial position created by section 1 of this act in Mason county shall be effective only if, before January 1, 1987, Thurston and Mason counties, through their duly constituted legislative authorities, document their approval of the additional position and their agreement that they will pay out of county funds, without reimbursement from the state, the expenses resulting from section 1 of this act." [1986 c 76 § 2.] Additional judicial positions subject to approval and agreement: See note following RCW 2.08.064. Adjustment in judicial services provided for Douglas, Grant, and Chelan counties: "The superior court judge serving in position two, as designated by the county auditors of Grant and Douglas counties for the 1976 general election, in the counties of Grant and Douglas prior to the effective date of this 1979 act, shall thereafter serve jointly in the counties of Douglas and Chelan, along with the judge previously serving only in Chelan county. The additional superior court judge position created by this 1979 act shall be for Grant county alone, which shall retain the judge in position one previously serving jointly in the counties of Grant and Douglas." [1979 ex.s. c 202 § 5.] Effective date—1977 ex.s. c 311: See note following RCW 2.08.061. 2.08.069 Judges—Filling vacancies resulting from creation of additional judgeships. Unless otherwise provided, upon the taking effect of any act providing for additional judges of the superior court and thereby creating a vacancy, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall be at the next succeeding general election, and the judge so elected shall hold office for the remainder of the unexpired term. [1955 c 38 § 4; 1951 c 125 § 8.] Vacancy, how filled: RCW 2.08.120. 2.08.070 Terms of office. The judges of the superior court elected under the provisions of RCW 2.08.060 through 2.08.065 shall hold their offices for the term of four years from and after the second Monday in January next succeeding their election, and until their successors are elected and qualified. [1927 c 135 § 2; RRS § 11045-2.] Election, terms, etc., superior judges: State Constitution Art. 4 § 5. Forfeiture of office for absence: State Constitution Art. 4 § 8. Removal of judges: State Constitution Art. 4 § 9. [Title 2 RCW—page 11] 2.08.080 Title 2 RCW: Courts of Record 2.08.080 Oath of office. Every judge of a superior court shall, before entering upon the duties of his office, take and subscribe an oath that he will support the Constitution of the United States and the Constitution of the state of Washington, and will faithfully and impartially discharge the duties of judge to the best of his ability, which oath shall be filed in the office of the secretary of state. Such oath or affirmation to be in form substantially the same as prescribed for justices of the supreme court. [1971 c 81 § 5; 1890 p 344 § 15; RRS § 11051.] appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall be at the next succeeding general election, and the judge so elected shall hold office for the remainder of the unexpired term. [1955 c 38 § 5. Prior: 1890 p 342 § 4; 1937 c 15 § 2; RRS § 11049.] Oath of judges: State Constitution Art. 4 § 28. 2.08.140 Visiting judge at direction of governor. Whenever a judge of the superior court of any county in this state, or a majority of such judges in any county in which there is more than one judge of said court, shall request the governor of the state to direct a judge of the superior court of any other county to hold a session of the superior court of any such county as is first herein above mentioned, the governor shall thereupon request and direct a judge of the superior court of some other county, making such selection as the governor shall deem to be most consistent with the state of judicial business in other counties, to hold a session of the superior court in the county the judge shall have requested the governor as aforesaid. Such request and direction by the governor shall be made in writing, and shall specify the county in which he directs the superior judge to whom the same is addressed to hold such session of the superior court, and the period during which he is to hold such session. Thereupon it shall be the duty of the superior judge so requested, and he is hereby empowered to hold a session of the superior court of the county specified by the governor, at the seat of judicial business thereof, during the period specified by the governor, and in such quarters as the county commissioners of said county may provide for the holding of such session. [1893 c 43 § 1; RRS § 27. Prior: 1890 p 343 § 10.] 2.08.092 Salary of judges. The annual salary of the judges of the superior court shall be established by the Washington citizens’ commission on salaries for elected officials. [1986 c 155 § 6; 1984 c 258 § 403.] Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Salaries of judicial officers: State Constitution Art. 4 § 13, 14; Art. 28 § 1; Art. 30 § 1. Washington citizens’ commission on salaries for elected officials: RCW 43.03.305. 2.08.100 Payment of county’s portion. The county auditor of each county shall pay superior court judges in the same means and manner provided for all other elected officials. [1997 c 204 § 1; 1939 c 189 § 1; 1893 c 30 § 1; 1890 p 329 § 2; RRS § 10967.] Distribution of work of courts—Duty of judges to comply with chief justice’s direction—Salary withheld: RCW 2.56.040. 2.08.110 Apportionment between counties in joint judicial district. Where there is only one judge of the superior court for two or more counties, the auditors thereof, acting together, shall apportion among or between such counties, according to the assessed valuation of their taxable property, the amount of such judge’s salary that each county shall pay. [1890 p 329 § 3; RRS § 10968.] 2.08.115 Judge serving district comprising more than one county—Reimbursement for travel expenses. Whenever a judge of the superior court shall serve a district comprising more than one county, such judge shall be reimbursed for travel expenses in connection with business of the court in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended for travel from his residence to the other county or counties in his district and return. [1975-’76 2nd ex.s. c 34 § 1.] Severability—1975-’76 2nd ex.s. c 34: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this 1976 amendatory act, or the application of the provision to other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 34 § 182.] Effective date—1975-’76 2nd ex.s. c 34: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1976." [1975-’76 2nd ex.s. c 34 § 183.] 2.08.120 Vacancy, how filled. If a vacancy occurs in the office of judge of the superior court, the governor shall [Title 2 RCW—page 12] Superior court—Election of judges, terms of, etc.: State Constitution Art. 4 § 5. Vacancies resulting from additional judgeships: RCW 2.08.069. Duty to hold court in other county or district: RCW 2.56.040. 2.08.150 Visiting judge at request of judge or judges. Whenever a like request shall be addressed by the judge, or by a majority of the judges (if there be more than one) of the superior court of any county to the superior judge of any other county, he is hereby empowered, if he deem it consistent with the state of judicial business in the county or counties whereof he is a superior judge (and in such case it shall be his duty to comply with such request), to hold a session of the superior court of the county the judge or judges whereof shall have made such request, at the seat of judicial business of such county, in such quarters as shall be provided for such session by the board of county commissioners, and during such period as shall have been specified in the request, or such shorter period as he may deem necessary by the state of judicial business in the county or counties whereof he is a superior judge. [1893 c 43 § 2; RRS § 28. Prior: 1890 p 343 § 10.] 2.08.160 Sessions where more than one judge sits— Effect of decrees, orders, etc. In any county where there shall be more than one superior judge, or in which a superior judge of another county may be holding a session of the superior court, as provided in RCW 2.08.140 through 2.08.170, there may be as many sessions of the superior (2002 Ed.) Superior Courts court at the same time as there are judges thereof, or assigned to duty therein by the governor, or responding to a request made as provided in RCW 2.08.150. In such cases the business of the court shall be so distributed and assigned by law, or in the absence of legislation therefor, by such rules and orders of the court as shall best promote and secure the convenient and expeditious transaction thereof. Judgments, decrees, orders and proceedings of any session of the superior court held by one or more of the judges of said court, or by any judge of the superior court of another county pursuant to the provisions of RCW 2.08.140 through 2.08.170, shall be equally effectual as if all the judges of such court presided at such session. [1893 c 43 § 3; RRS § 29. Prior: 1890 p 341 § 2.] 2.08.170 Expenses of visiting judge. Any judge of the superior court of any county in this state who shall hold a session of the superior court of any other county, in pursuance of the provisions of RCW 2.08.140 through 2.08.170 shall be entitled to receive from the county in which he shall hold such sessions reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060 as now or hereafter amended. The county clerk of such county shall, upon the presentation to him by such judge of a statement of such expenses, verified by his affidavit, issue to such judge a certificate that he is entitled to the amount thereof; and upon presentation of such certificate to the auditor of such county he shall draw a warrant on the current expense fund of such county for the amount in favor of such judge. [1981 c 186 § 3; 1893 c 43 § 4; RRS § 30. Prior: 1890 p 329 § 4.] Holding court in another county or district—Reimbursement for expenses: RCW 2.56.070. 2.08.180 Judge pro tempore—Appointment— Oath—Compensation. A case in the superior court of any county may be tried by a judge pro tempore, who must be either: (1) A member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court, and sworn to try the case; or (2) pursuant to supreme court rule, any sitting elected judge. Any action in the trial of such cause shall have the same effect as if it was made by a judge of such court. However, if a previously elected judge of the superior court retires leaving a pending case in which the judge has made discretionary rulings, the judge is entitled to hear the pending case as a judge pro tempore without any written agreement. A judge pro tempore shall, before entering upon his or her duties in any cause, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore in the cause wherein . . . . . . is plaintiff and . . . . . . defendant, according to the best of my ability." A judge pro tempore who is a practicing attorney and who is not a retired justice of the supreme court or judge of a superior court of the state of Washington, or who is not an active judge of a court of the state of Washington, shall (2002 Ed.) 2.08.160 receive a compensation of one-two hundred fiftieth of the annual salary of a superior court judge for each day engaged in said trial, to be paid in the same manner as the salary of the superior judge. A judge who is an active judge of a court of the state of Washington shall receive no compensation as judge pro tempore. A justice or judge who has retired from the supreme court, court of appeals, or superior court of the state of Washington shall receive compensation as judge pro tempore in the amount of sixty percent of the amount payable to a judge pro tempore under this section. [2002 c 137 § 1; 1987 c 73 § 1; 1971 c 81 § 6; 1967 c 149 § 1; 1890 p 343 § 11; RRS § 40.] Contingent effective date—1987 c 73: "This act shall take effect January 1, 1988, if the proposed amendment to Article IV, section 7 of the state Constitution, allowing retiring judges to hear pending cases, is validly submitted to and is approved and ratified by the voters at a general election held in November, 1987. If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety." [1987 c 73 § 2.] Amendment 80 of the state Constitution, amending Article IV, section 7, was approved by the voters November 3, 1987. Judges pro tempore: State Constitution Art. 4 § 7. appointments: RCW 2.56.170. 2.08.185 Attorney serving as guardian ad litem— Disqualification as judge pro tempore or commissioner pro tempore—Circumstances. An attorney may not serve as a superior court judge pro tempore or a superior court commissioner pro tempore in a judicial district while appointed to or serving on a case in that judicial district as a guardian ad litem for compensation under Title 11, 13, or 26 RCW, if that judicial district is contained within division one or two of the court of appeals and has a population of more than one hundred thousand. [1996 c 249 § 12.] Intent—1996 c 249: See note following RCW 2.56.030. 2.08.190 Powers of judge in counties of his district. Any judge of the superior court of the state of Washington shall have power, in any county within his district: (1) To sign all necessary orders and papers in probate matters pending in any other county in his district; (2) to issue restraining orders, and to sign the necessary orders of continuance in actions or proceedings pending in any other county in his district; (3) to decide and rule upon all motions, demurrers, issues of fact or other matters that may have been submitted to him in any other county. All such rulings and decisions shall be in writing and shall be filed immediately with the clerk of the proper county: PROVIDED, That nothing herein contained shall authorize the judge to hear any matter outside of the county wherein the cause or proceeding is pending, except by consent of the parties. [1901 c 57 § 1; RRS § 41.] 2.08.200 Decisions and rulings in matters heard outside judge’s district. Any judge of the superior court of the state of Washington who shall have heard any cause, either upon motion, demurrer, issue of fact, or other matter in any county out of his district, may decide, rule upon, and determine the same in any county in this state, which decision, ruling and determination shall be in writing and shall be filed immediately with the clerk of the county where such cause is pending. [1901 c 57 § 2; RRS § 42.] Rules of court: Statute modified or superseded by CR 7(c). [Title 2 RCW—page 13] 2.08.210 Title 2 RCW: Courts of Record 2.08.210 Extent of court’s process—Venue. The process of the superior courts shall extend to all parts of the state: PROVIDED, That all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon, real estate, shall be commenced in the county in which the real estate, or any part thereof, affected by such action or actions is situated. [1890 p 343 § 9; RRS § 32.] Rules of court: Cf. CR 4(f). Extent of process: State Constitution Art. 4 § 6 (Amendment 28). Venue: Chapter 4.12 RCW. 2.08.220 Process, to whom directed. Unless otherwise provided by statute, all process issuing out of the court shall be directed to the sheriff of the county in which it is to be served, and be by him executed according to law. [1891 c 45 § 5; RRS § 35.] 2.08.230 Uniform rules to be established. The judges of the superior courts shall, from time to time, establish uniform rules for the government of the superior courts. [1890 p 344 § 13; RRS § 36.] Rule-making power, supreme court: RCW 2.04.180 through 2.04.210. Superior court rules: State Constitution Art. 4 § 24. Supplementary superior court rules: RCW 2.04.210. Uniform court rules: RCW 2.16.040. 2.08.240 Limit of time for decision. Every case submitted to a judge of a superior court for his decision shall be decided by him within ninety days from the submission thereof: PROVIDED, That if within said period of ninety days a rehearing shall have been ordered, then the period within which he is to decide shall commence at the time the cause is submitted upon such rehearing, and upon wilful failure of any such judge so to do, he shall be deemed to have forfeited his office. [1890 p 344 § 12; RRS § 39.] Decisions, when to be made: State Constitution Art. 4 § 20. Payment of county’s portion: RCW 2.08.100. 2.08.250 Report to judges of supreme court. Superior judges shall, on or before the first day of November in each year, report in writing to the judges of the supreme court, such defects and omissions in the laws as their experience may suggest. [1890 p 344 § 14; RRS § 11050.] Annual report to supreme court: State Constitution Art. 4 § 25. Chapter 2.10 JUDICIAL RETIREMENT SYSTEM Sections 2.10.010 2.10.020 2.10.030 2.10.040 2.10.052 2.10.070 2.10.080 2.10.090 2.10.100 2.10.110 2.10.120 2.10.130 Short title. Purpose. Definitions. System created—Coverage—Exclusions. Retirement board abolished—Transfer of powers, duties, and functions. Retirement board—Duties. Funds and securities. Funding. Retirement for service or age. Service retirement allowance. Retirement for disability—Procedure. Retirement for disability allowance. [Title 2 RCW—page 14] 2.10.140 2.10.144 2.10.146 2.10.155 2.10.165 2.10.170 2.10.180 2.10.190 2.10.200 2.10.210 2.10.220 2.10.230 Survivor’s benefits. Payment of accumulated contributions or retirement allowance upon death—Election. Election of option for payment of retirement or disability allowance—Retirement allowance adjustment. Suspension of retirement allowance upon employment— Exceptions—Reinstatement—Pro tempore service. Refund of certain contributions. Cost of living adjustment. Benefits exempt from taxation and judicial process— Exceptions—Deductions for group insurance premiums. Hearing prior to judicial review—Required—Notice. Hearing prior to judicial review—Conduct. Hearing prior to judicial review—No bond required. Transfer to system—Prior service credit. Cessation of benefits upon appointment or election to court. 2.10.010 Short title. This chapter shall be known and cited as the Washington Judicial Retirement System Act. [1971 ex.s. c 267 § 1.] 2.10.020 Purpose. The purpose of this chapter is to effect a system of retirement from active service. [1971 ex.s. c 267 § 2.] 2.10.030 Definitions. (1) "Retirement system" means the "Washington judicial retirement system" provided herein. (2) "Judge" means a person elected or appointed to serve as judge of a court of record as provided in chapters 2.04, 2.06, and 2.08 RCW. "Judge" does not include a person serving as a judge pro tempore except for a judge pro tempore appointed under RCW 2.04.240(2) or 2.06.150(2). (3) "Retirement board" means the "Washington judicial retirement board" established herein. (4) "Surviving spouse" means the surviving widow or widower of a judge. "Surviving spouse" does not include the divorced spouse of a judge. (5) "Retirement fund" means the "Washington judicial retirement fund" established herein. (6) "Beneficiary" means any person in receipt of a retirement allowance, disability allowance or any other benefit described herein. (7) "Monthly salary" means the monthly salary of the position held by the judge. (8) "Service" means all periods of time served as a judge, as herein defined. Any calendar month at the beginning or end of a term in which ten or more days are served shall be counted as a full month of service: PROVIDED, That no more than one month’s service may be granted for any one calendar month. Only months of service will be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Years of service shall be determined by dividing the total months of service by twelve. Any fraction of a year of service as so determined shall be taken into account in the computation of such retirement allowance or benefit. (9) "Final average salary" means (a) for a judge in service in the same court for a minimum of twelve consecutive months preceding the date of retirement, the salary attached to the position held by the judge immediately prior to retirement; (b) for any other judge, the average monthly salary paid over the highest twenty-four month period in the last ten years of service. (2002 Ed.) Judicial Retirement System (10) "Retirement allowance" for the purpose of applying cost of living increases or decreases includes retirement allowances, disability allowances and survivorship benefit. (11) "Index" means for any calendar year, that year’s annual average consumer price index for urban wage earners and clerical workers, all items (1957-1959 equal one hundred) — compiled by the bureau of labor statistics, United States department of labor. (12) "Accumulated contributions" means the total amount deducted from the judge’s monthly salary pursuant to RCW 2.10.090, together with the regular interest thereon from July 1, 1988, as determined by the director of the department of retirement systems. [1997 c 88 § 5; 1988 c 109 § 1; 1971 ex.s. c 267 § 3.] Effective date—1988 c 109: "This act shall take effect July 1, 1988." [1988 c 109 § 27.] 2.10.040 System created—Coverage—Exclusions. The Washington judicial retirement system is hereby created for judges appointed or elected under the provisions of chapters 2.04, 2.06, and 2.08 RCW. All judges first appointed or elected to the courts covered by these chapters on or after August 9, 1971, and prior to July 1, 1988, shall be members of this system: PROVIDED, That following February 23, 1984, and until July 1, 1988, any newly elected or appointed judge holding credit toward retirement benefits under chapter 41.40 RCW shall be allowed thirty days from the effective date of election or appointment to such judgeship to make an irrevocable choice filed in writing with the department of retirement systems to continue coverage under that chapter and to be permanently excluded from coverage under this chapter for the current or any future term as a judge. All judges first appointed or elected to the courts covered by these chapters on or after July 1, 1988, shall not be members of this system, but may become members of the public employees’ retirement system under chapter 41.40 RCW on the same basis as other elected officials as provided in RCW 41.40.023(3). Any member of the retirement system who is serving as a judge as of July 1, 1988, has the option on or before December 31, 1989, of becoming a member of the retirement system created in chapter 41.40 RCW, subject to the conditions imposed by RCW 41.40.095. The option may be exercised by making an irrevocable choice filed in writing with the department of retirement systems to be permanently excluded from this system for all service as a judge. In the case of a former member of the retirement system who is not serving as a judge on July 1, 1988, the written election must be filed within one year after reentering service as a judge. [1988 c 109 § 2; 1984 c 37 § 1; 1971 ex.s. c 267 § 4.] Effective date—1988 c 109: See note following RCW 2.10.030. Transfers to system, prior service credit: RCW 2.10.220. 2.10.052 Retirement board abolished—Transfer of powers, duties, and functions. The Washington judicial retirement board established by this chapter is abolished. All powers, duties, and functions of the board are transferred to the director of retirement systems. [1982 c 163 § 1.] Severability—1982 c 163: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of (2002 Ed.) 2.10.030 the act or the application of the provision to other persons or circumstances is not affected." [1982 c 163 § 24.] Effective date—1982 c 163: "This act shall take effect June 30, 1982." [1982 c 163 § 25.] 2.10.070 Retirement board—Duties. The retirement board shall perform the following duties: (1) Keep in convenient form such data as shall be deemed necessary for actuarial evaluation purposes; (2) As of July 1 of every even-numbered year have an actuarial evaluation made as to the mortality and service experience of the beneficiaries under this chapter and the various accounts created for the purpose of showing the financial status of the retirement fund; (3) Adopt for the retirement system the mortality tables and such other tables as shall be deemed necessary; (4) Keep a record of its proceedings, which shall be open to inspection by the public; (5) Serve without compensation but shall be reimbursed for expense incident to service as individual members thereof; (6) From time to time adopt such rules and regulations not inconsistent with this chapter for the administration of this chapter and for the transaction of the business of the board. No member of the board shall be liable for the negligence, default or failure of any employee or of any member of the board to perform the duties of his office and no member of the board shall be considered or held to be an insurer of the funds or assets of the retirement system, but shall be liable only for his own personal default or individual failure to perform his duties as such member and to exercise reasonable diligence in providing for safeguarding of the funds and assets of the system. [1971 ex.s. c 267 § 7.] 2.10.080 Funds and securities. (1) The state treasurer shall be the custodian of all funds and securities of the retirement system. Disbursements from this fund shall be made by the state treasurer upon receipt of duly authorized vouchers. (2) The state treasurer is hereby authorized and directed to deposit any portion of the funds of the retirement system not needed for immediate use in the same manner and subject to all the provisions of law with respect to the deposit of state funds by such treasurer. All investment income earned by such portion of the retirement system’s funds as may be deposited by the state treasurer in pursuance of authority herewith given shall be collected by him or her and placed to the credit of the retirement fund, less the allocation to the state investment board expense account pursuant to RCW 43.33A.160 and to the state treasurer’s service fund pursuant to RCW 43.08.190. (3) The state investment board established by RCW 43.33A.020 has full power to invest or reinvest the funds of this system in those classes of investments authorized by RCW 43.84.150. (4) For the purpose of providing amounts to be used to defray the cost of administration, the judicial retirement board shall ascertain at the beginning of each biennium and request from the legislature an appropriation sufficient to cover estimated expenses for the said biennium. [1991 sp.s. [Title 2 RCW—page 15] 2.10.080 Title 2 RCW: Courts of Record c 13 § 114; 1981 c 3 § 22; 1973 1st ex.s. c 103 § 1; 1971 ex.s. c 267 § 8.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Intent of amendment—1981 c 3: "The amendment of RCW 2.10.080, 2.12.070, 41.26.060, 41.26.070, and 41.40.080 by this 1980 act is intended solely to provide for the investment of state funds and is not intended to alter the administration of the affected retirement systems by the department of retirement systems under chapter 41.50 RCW." [1981 c 3 § 44.] Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010. Severability—1973 1st ex.s. c 103: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 103 § 20.] 2.10.090 Funding. The total liability, as determined by the actuary, of this system shall be funded as follows: (1) Every judge shall have deducted from his monthly salary an amount equal to seven and one-half percent of said salary. (2) The state as employer shall contribute an equal amount on a quarterly basis. (3) The state shall in addition guarantee the solvency of said fund and the legislature shall make biennial appropriations from the general fund of amounts sufficient to guarantee the making of retirement payments as herein provided for if the money in the judicial retirement fund shall become insufficient for that purpose, but such biennial appropriation may be conditioned that sums appropriated may not be expended unless the money in the judicial retirement fund shall become insufficient to meet the retirement payments. [1971 ex.s. c 267 § 9.] Members’ retirement contributions—Pick up by employer: RCW 41.04.445. 2.10.100 Retirement for service or age. Retirement of a member for service shall be made by the retirement board as follows: (1) Any judge who, on August 9, 1971 or within one year thereafter, shall have completed as a judge the years of actual service required under chapter 2.12 RCW and who shall elect to become a member of this system, shall in all respects be deemed qualified to retire under this retirement system upon the member’s written request. (2) Any member who has completed fifteen or more years of service may be retired upon the member’s written request but shall not be eligible to receive a retirement allowance until the member attains the age of sixty years. (3) Any member who attains the age of seventy-five years shall be retired at the end of the calendar year in which the member attains such age. (4) Any judge who involuntarily leaves service or who is appointed to a position as a federal judge or federal magistrate at any time after having served an aggregate of twelve years shall be eligible to a partial retirement allowance computed according to RCW 2.10.110 and shall receive this allowance upon the attainment of the age of sixty years and fifteen years after the beginning of the member’s judicial service. [1995 c 305 § 1; 1988 c 109 § 3; 1971 ex.s. c 267 § 10.] Retroactive application—1995 c 305: "Section 1 of this act shall apply retroactively to October 1, 1994." [1995 c 305 § 2.] [Title 2 RCW—page 16] Effective date—1988 c 109: See note following RCW 2.10.030. 2.10.110 Service retirement allowance. A member upon retirement for service shall receive a monthly retirement allowance computed according to his completed years of service, as follows: Ten years, but less than fifteen years, three percent of his final average salary for each year of service; fifteen years and over, three and one-half percent of his final average salary for each year of service: PROVIDED, That in no case shall any retired member receive more than seventy-five percent of his final salary except as increased as a result of the cost of living increases as provided by this chapter. [1971 ex.s. c 267 § 11.] 2.10.120 Retirement for disability—Procedure. (1) Any judge who has served as a judge for a period of ten or more years, and who shall believe he has become physically or otherwise permanently incapacitated for the full and efficient performance of the duties of his office, may file with the retirement board an application in writing, asking for retirement. Upon receipt of such application the retirement board shall appoint one or more physicians of skill and repute, duly licensed to practice their professions in the state of Washington, who shall, within fifteen days thereafter, for such compensation as may be fixed by the board, to be paid out of the fund herein created, examine said judge and report in writing to the board their findings in the matter. If the physicians appointed by the board find the judge to be so disabled and the retirement board concurs in this finding the judge shall be retired. (2) The retirement for disability of a judge, who has served as a judge for a period of ten or more years, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (House Joint Resolution No. 37, approved by the voters November 4, 1980), with the concurrence of the retirement board, shall be considered a retirement under subsection (1) of this section. [1982 c 18 § 1; 1971 ex.s. c 267 § 12.] Reviser’s note: House Joint Resolution No. 37, approved by the voters November 4, 1980, became Amendment 71 to the state Constitution. 2.10.130 Retirement for disability allowance. Upon a judge being retired for disability as provided in RCW 2.10.120, he shall receive from the fund an amount equal to one-half of his final average salary. [1971 ex.s. c 267 § 13.] 2.10.140 Survivor’s benefits. (1) A surviving spouse of any judge holding such office, or if he dies after having retired and who, at the time of his death, has served ten or more years in the aggregate, shall receive a monthly allowance equal to fifty percent of the retirement allowance the retired judge was receiving, or fifty percent of the retirement allowance the active judge would have received had he been retired on the date of his death, but in no event less than twenty-five percent of the final average salary that the deceased judge was receiving: PROVIDED, That said surviving spouse had been married to the judge for a minimum of two years at time of death. (2) A judge holding office on July 1, 1988, may make an irrevocable choice to relinquish the survivor benefits provided by this section in exchange for the survivor benefits (2002 Ed.) Judicial Retirement System provided by RCW 2.10.144 and 2.10.146 by indicating the choice in a written declaration submitted to the department of retirement systems by December 31, 1988. (3) The surviving spouse of any judge who died in office after January 1, 1986, but before July 1, 1988, may elect to receive the survivor benefit provided in RCW 2.10.144(1). [1988 c 109 § 7; 1984 c 37 § 2; 1971 ex.s. c 267 § 14.] Application—1988 c 109 § 7(1): "The amendment to RCW 2.10.140(1) in section 7(1), chapter 109, Laws of 1988 shall apply on a retroactive basis to the surviving spouse of any judge who retired before July 1, 1988, if the surviving spouse had not remarried before July 1, 1988." [1989 c 139 § 1.] Effective date—1988 c 109: See note following RCW 2.10.030 Application—1984 c 37 § 2: "Section 2 of this 1984 act applies in respect to each surviving spouse who first applies for benefits under RCW 2.10.140 after January 1, 1984." [1984 c 37 § 3.] 2.10.144 Payment of accumulated contributions or retirement allowance upon death—Election. (1) If a judge dies before the date of retirement, the amount of the accumulated contributions standing to the judge’s credit at the time of death shall be paid to the member’s estate, or such person or persons, trust, or organization as the judge has nominated by written designation duly executed and filed with the department of retirement systems. If there is no such designated person or persons still living at the time of the judge’s death, or if the judge fails to file a new beneficiary designation subsequent to marriage, remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or retirement, the judge’s credited accumulated contributions shall be paid to the surviving spouse as if in fact the spouse had been nominated by written designation or, if there is no such surviving spouse, then to the judge’s legal representatives. (2) Upon the death in service of any judge who is qualified but has not applied for a service retirement allowance or has completed ten years of service at the time of death, the designated beneficiary, or the surviving spouse as provided in subsection (1) of this section, may elect to waive the payment provided by subsection (1) of this section. Upon such an election, a joint and one hundred percent survivor option under RCW 2.10.146 shall automatically be given effect as if selected for the benefit of the surviving spouse or dependent who is the designated beneficiary, except that if the judge is not then qualified for a service retirement allowance, the option II benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased judge would have first qualified for a service retirement allowance. However, subsection (1) of this section, unless elected, shall not apply to any judge who has applied for a service retirement and thereafter dies between the date of separation from service and the judge’s effective retirement date, where the judge has selected a survivorship option under RCW 2.10.146(1)(b). In those cases, the beneficiary named in the judge’s final application for service retirement may elect to receive either a cash refund or monthly payments according to the option selected by the judge. [1995 c 144 § 20; 1990 c 249 § 13; 1988 c 109 § 8.] Findings—1990 c 249: See note following RCW 2.10.146. Effective date—1988 c 109: See note following RCW 2.10.030. (2002 Ed.) 2.10.140 2.10.146 Election of option for payment of retirement or disability allowance—Retirement allowance adjustment. (1) Upon making application for a service retirement allowance under RCW 2.10.100 or a disability allowance under RCW 2.10.120, a judge who is eligible therefor shall make an election as to the manner in which such service retirement shall be paid from among the following designated options, calculated so as to be actuarially equivalent to each other: (a) Standard allowance. A member selecting this option shall receive a retirement allowance, which shall be computed as provided in RCW 2.10.110. The retirement allowance shall be payable throughout the judge’s life. However, if the judge dies before the total of the retirement allowance paid to the judge equals the amount of the judge’s accumulated contributions at the time of retirement, then the balance shall be paid to the member’s estate, or such person or persons, trust, or organization as the judge has nominated by written designation duly executed and filed with the department of retirement systems or, if there is no such designated person or persons still living at the time of the judge’s death, then to the surviving spouse or, if there is neither such designated person or persons still living at the time of death nor a surviving spouse, then to the judge’s legal representative. (b) The department shall adopt rules that allow a judge to select a retirement option that pays the judge a reduced retirement allowance and upon death, such portion of the judge’s reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person. Such person shall be nominated by the judge by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option. (2)(a) A judge, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a judge is married and both the judge and the judge’s spouse do not give written consent to an option under this section, the department will pay the judge a joint and fifty percent survivor benefit and record the judge’s spouse as the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection. (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member’s retirement: (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and (ii) The spousal consent provisions of (a) of this subsection do not apply. (3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions: (i) The retiree’s designated beneficiary predeceases or has predeceased the retiree; and [Title 2 RCW—page 17] 2.10.146 Title 2 RCW: Courts of Record (ii) The retiree provides to the department proper proof of the designated beneficiary’s death. (b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary’s death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection. (c) The percentage increase shall be derived by the following: (i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent; (ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor; (iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998. (d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary’s death or from July 1, 1998, whichever comes last. [1998 c 340 § 4; 1996 c 175 § 2; 1995 c 144 § 21; 1990 c 249 § 2; 1988 c 109 § 9.] Effective date—1998 c 340: See note following RCW 41.31.010. Findings—1990 c 249: "The legislature finds that: (1) It would be advantageous for some retirees to have survivorship options available other than the options currently listed in statute. Allowing the department of retirement systems to adopt several different survivor options will assist retirees in their financial planning; and (2) Disabled members of the retirement systems listed in RCW 41.50.030, except for members of the law enforcement officers’ and fire fighters’ retirement system plan 1, must forfeit any right to leave a benefit to their survivors if they wish to go on disability retirement. This results in some disabled workers holding onto their jobs in order to provide for their dependents. The provisions of this act allow members to go on disability retirement while still providing for their survivors." [1990 c 249 § 1.] Effective date—1988 c 109: See note following RCW 2.10.030. 2.10.155 Suspension of retirement allowance upon employment—Exceptions—Reinstatement—Pro tempore service. (1) No judge shall be eligible to receive the judge’s monthly service or disability retirement allowance if the retired judge is employed: (a) For more than eight hundred ten hours in a calendar year as a pro tempore judge; or (b) In an eligible position as defined in RCW 41.40.010 or 41.32.010, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030. (2) Subsection (1) of this section notwithstanding, a previously elected judge of the superior court who retired before June 7, 1990, leaving a pending case in which the judge had made discretionary rulings may hear the pending case as a judge pro tempore without having his or her retirement allowance suspended. (3) If a retired judge’s benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retired judge’s benefits shall be actuarially recomputed pursuant to the rules adopted by the department. (4) The department shall adopt rules implementing this section. [1990 c 274 § 14; 1988 c 109 § 10.] Findings—Construction—1990 c 274: See notes following RCW 41.32.010. Application—Reservation—1990 c 274 §§ 11, 12, 14, and 15: See note following RCW 41.40.690. Effective date—1988 c 109: See note following RCW 2.10.030. [Title 2 RCW—page 18] 2.10.165 Refund of certain contributions. If a judge who was a member of this system left the system before July 1, 1988, and neither the judge nor the judge’s surviving spouse: (1) Was eligible at that time to receive a benefit under this chapter; or (2) has received an amount under a sundry claims appropriation from the state legislature intended as a refund of the judge’s contributions paid under RCW 2.10.090(1); then the judge or the judge’s surviving spouse may apply to the department for and receive a refund of such contributions. [1991 c 159 § 1.] 2.10.170 Cost of living adjustment. Effective July 1, 1972, and of each succeeding year, every retirement allowance which has been in effect for one year or more shall be adjusted to that dollar amount which bears the ratio to its original dollar amount which the retirement board finds to exist between the index for the previous calendar year and the index for the calendar year prior to the date the retirement allowance became payable: PROVIDED, That the amount of increase or decrease in any one year shall not exceed three percent of the then payable retirement allowance: AND PROVIDED FURTHER, That this cost of living adjustment shall not reduce any pension below that amount which was payable at time of retirement. [1971 ex.s. c 267 § 17.] 2.10.180 Benefits exempt from taxation and judicial process—Exceptions—Deductions for group insurance premiums. (1) Except as provided in subsections (2), (3), and (4) of this section, the right of a person to a retirement allowance, disability allowance, or death benefit, the retirement, disability or death allowance itself, any optional benefit, any other right accrued or accruing to any person under the provisions of this chapter, and the moneys in the fund created under this chapter, are hereby exempt from any state, county, municipal, or other local tax and shall not be subject to execution, garnishment, or any other process of law whatsoever. (2) Subsection (1) of this section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington. (3) Deductions made in the past from retirement benefits are hereby expressly recognized, ratified, and affirmed. Future deductions may only be made in accordance with this section. (4) Subsection (1) of this section shall not prohibit the department of retirement systems from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) a notice of payroll deduction issued under chapter 26.23 RCW, (c) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (d) a mandatory benefits assignment order issued pursuant to chapter 41.50 RCW, (e) a court order directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law. [1991 c 365 § 18; 1989 c 360 § (2002 Ed.) Judicial Retirement System 22; 1987 c 326 § 17; 1982 1st ex.s. c 52 § 1; 1979 ex.s. c 205 § 1; 1971 ex.s. c 267 § 18.] Severability—1991 c 365: See note following RCW 41.50.500. Effective date—1987 c 326: See RCW 41.50.901. Effective dates—1982 1st ex.s. c 52: "(1) Sections 9 and 34 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately. (2) The remainder of this act shall take effect July 1, 1982." [1982 1st ex.s. c 52 § 37.] 2.10.190 Hearing prior to judicial review— Required—Notice. Any person aggrieved by any final decision of the retirement board must, before petitioning for judicial review, file with the director of the retirement system by mail or personally within sixty days from the day such decision was communicated to such person, a notice for a hearing before the retirement board. The notice of hearing shall set forth in full detail the grounds upon which such person considers such decision unjust or unlawful and shall include every issue to be considered by the retirement board, and it must contain a detailed statement of facts upon which such person relies in support thereof. Such persons shall be deemed to have waived all objections or irregularities concerning the matter on which such appeal is taken other than those records of the retirement system. [1971 ex.s. c 267 § 19.] 2.10.200 Hearing prior to judicial review—Conduct. A hearing shall be held by the department of retirement systems, or an authorized representative, in the county of the residence of the claimant at a time and place designated by the director. Such hearings shall be de novo and shall conform to the provisions of chapter 34.05 RCW. The retirement system may appear in all such proceedings and introduce testimony in support of the decision. Judicial review of any final decision by the director is governed by the provisions of chapter 34.05 RCW. [1989 c 175 § 37; 1971 ex.s. c 267 § 20.] Effective date—1989 c 175: See note following RCW 34.05.010. 2.10.210 Hearing prior to judicial review—No bond required. No bond of any kind shall be required of a claimant appealing to the superior court, the court of appeals, or the supreme court from a finding of the retirement board affecting such claimant’s right to retirement or disability benefits. [1971 ex.s. c 267 § 21.] 2.10.220 Transfer to system—Prior service credit. (1) Any member of the Washington public employees’ retirement system who is eligible to participate in the judicial retirement system may, by written request filed with the retirement boards of the two systems respectively, transfer such membership to the judicial retirement system. Upon the receipt of such request, the board of the Washington public employees’ retirement system shall transfer to the board of the Washington judicial retirement system (a) all employee’s contributions and interest thereon belonging to such member in the employees’ savings fund and all employer’s contributions credited or attributed to such member in the benefit account fund and (b) a record of (2002 Ed.) 2.10.180 service credited to such member. One-half of such service shall be computed and not more than nine years shall be credited to such member as though such service was performed as a member of the judicial retirement system. Upon such transfer being made the state treasurer shall deposit such moneys in the judicial retirement fund. In the event that any such member should terminate judicial service prior to his entitlement to retirement benefits under any of the provisions of this chapter, he shall upon request therefor be repaid from the judicial retirement fund an amount equal to the amount of his employee’s contributions to the Washington public employees’ retirement system and interest plus interest thereon from the date of the transfer of such moneys. (2) Any member of the judicial retirement system who was formerly a member of the Washington public employees’ retirement system with membership service credit of not less than six years but who has terminated his membership therein under the provisions of chapter 41.40 RCW, may reinstate his membership in the Washington public employees’ retirement system, for the sole purpose of qualifying for a transfer of membership in the judicial retirement system in accordance with subsection (1) above by making full restoration of all withdrawn funds to the employees’ savings fund prior to July 1, 1980. Upon reinstatement in accordance with this subsection, the provisions of subsection (1) and the provisions of RCW 41.40.023(3) shall then be applicable to the reinstated member in the same manner and to the same extent as they are to the present members of the Washington public employees’ retirement system who are eligible to participate in the judicial retirement system. (3) Any member of the judicial retirement system who has served as a judge for one or more years and who has rendered service for the state of Washington, or any political subdivision thereof, prior to October 1, 1947, or the time of the admission of the employer into the Washington public employees’ retirement system, may—upon his payment into the judicial retirement fund of a sum equal to five percent of his compensation earned for such prior public service— request and shall be entitled to have one-half of such service computed and not more than six years immediately credited to such member as though such service had been performed as a member of the judicial retirement system, provided that any such prior service so credited shall not be claimed for any pension system other than a judicial retirement system. [1980 c 7 § 1; 1971 ex.s. c 267 § 22.] Transfers to system by those covered under chapter 2.12 RCW: RCW 2.10.040. 2.10.230 Cessation of benefits upon appointment or election to court. Any person receiving retirement benefits from this system who is appointed or elected to a court under chapter 2.04, 2.06, or 2.08 RCW shall upon the first day of entering such office become a member of this system and his or her retirement benefits shall cease. Pro tempore service as a judge of a court of record shall not constitute appointment as that term is used in this section. Upon leaving such office, a person shall have his or her benefits recomputed or restored, as determined in this chapter: PROVIDED, That no such person shall receive a benefit less than that which was being paid at the time his or her benefit ceased. [1988 c 109 § 4.] [Title 2 RCW—page 19] 2.10.230 Title 2 RCW: Courts of Record Effective date—1988 c 109: See note following RCW 2.10.030. Chapter 2.12 RETIREMENT OF JUDGES— RETIREMENT SYSTEM Sections 2.12.010 2.12.012 Retirement for service or age. Partial pension for less than eighteen years service—When authorized, amount. 2.12.015 Additional pension for more than eighteen years service— Amount. 2.12.020 Retirement for disability. 2.12.030 Amount and time of payment—Surviving spouse’s benefit. 2.12.035 Retirement pay of certain justices or judges retiring prior to December 1, 1968—Widow’s benefits. 2.12.037 Adjustment of pension of retired judges or widows. 2.12.040 Service after retirement. 2.12.045 Minimum monthly benefit—Post-retirement adjustment— Computation. 2.12.046 Monthly benefit—Post-retirement adjustment—Computation. 2.12.048 Refund of certain contributions. 2.12.050 Judges’ retirement fund—Created—Contents—Custodian— Records. 2.12.060 Fund—Constitution—Salary deductions—Aid. 2.12.090 Benefits exempt from taxation and judicial process— Exceptions—Deductions for group insurance premiums. 2.12.100 Transfer of membership from Washington public employees’ retirement system to judges’ retirement system— Authorized—Procedure. 2.12.900 Construction—Gender. Judicial retirement system—1971 act: Chapter 2.10 RCW. Retirement of judges: State Constitution Art. 4 § 3(a) (Amendment 25). 2.12.010 Retirement for service or age. Any judge of the supreme court, court of appeals, or superior court of the state of Washington who heretofore and/or hereafter shall have served as a judge of any such courts for eighteen years in the aggregate or who shall have served ten years in the aggregate and shall have attained the age of seventy years or more may, during or at the expiration of his term of office, in accordance with the provisions of this chapter, be retired and receive the retirement pay herein provided for. In computing such term of service, there shall be counted the time spent by such judge in active service in the armed forces of the United States of America, under leave of absence from his judicial duties as provided for under chapter 201, Laws of 1941: PROVIDED, HOWEVER, That in computing such credit for such service in the armed forces of the United States of America no allowance shall be made for service beyond the date of the expiration of the term for which such judge was elected. Any judge desiring to retire under the provisions of this section shall file with the director of retirement systems, a notice in duplicate in writing, verified by his affidavit, fixing a date when he desires his retirement to commence, one copy of which the director shall forthwith file with the administrator for the courts. The notice shall state his name, the court or courts of which he has served as judge, the period of service thereon and the dates of such service. [1982 1st ex.s. c 52 § 2; 1973 c 106 § 4; 1971 c 30 § 1; 1943 c 221 § 1; 1937 c 229 § 1; Rem. Supp. 1943 § 11054-1.] Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180. [Title 2 RCW—page 20] Construction—1971 c 30: "The provisions of this 1971 amendatory act shall be construed in accordance with RCW 2.06.100 which provides for the retirement of judges of the court of appeals." [1971 c 30 § 7.] Severability—1937 c 229: "If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional." [1937 c 229 § 10; RRS § 11054-10.] This applies to RCW 2.12.010, 2.12.020, 2.12.030, and 2.12.040 through 2.12.070. 2.12.012 Partial pension for less than eighteen years service—When authorized, amount. Any judge of the supreme court, court of appeals, or superior court of this state who shall leave judicial service at any time after having served as a judge of any of such courts for an aggregate of twelve years shall be eligible to a partial retirement pension in a percentage of the pension provided in this chapter as determined by the proportion his years of judicial service bears to eighteen and shall receive the same upon attainment of age seventy, or eighteen years after the commencement of such judicial service, whichever shall occur first. [1971 c 30 § 2; 1961 c 286 § 1.] Construction—1971 c 30: See note following RCW 2.12.010. 2.12.015 Additional pension for more than eighteen years service—Amount. In the event any judge of the supreme court, court of appeals, or superior court of the state serves more than eighteen years in the aggregate as computed under RCW 2.12.010, he shall receive in addition to any other pension benefits to which he may be entitled under this chapter, an additional pension benefit based upon oneeighteenth of his salary for each year of full service after eighteen years, provided his total pension shall not exceed seventy-five percent of the monthly salary he was receiving as a judge at the time of his retirement. [1971 c 30 § 3; 1961 c 286 § 2.] Construction—1971 c 30: See note following RCW 2.12.010. 2.12.020 Retirement for disability. (1) Any judge of the supreme court, court of appeals, or superior court of the state of Washington, who heretofore and/or hereafter shall have served as a judge of any such courts for a period of ten years in the aggregate, and who shall believe he has become physically or otherwise permanently incapacitated for the full and efficient performance of the duties of his office, may file with the director of retirement systems an application in duplicate in writing, asking for retirement, which application shall be signed and verified by the affidavit of the applicant or by someone in his behalf and which shall set forth his name, the office then held, the court or courts of which he has served as judge, the period of service thereon, the dates of such service and the reasons why he believes himself to be, or why they believe him to be incapacitated. Upon filing of such application the director shall forthwith transmit a copy thereof to the governor who shall appoint three physicians of skill and repute, duly licensed to practice their professions in the state of Washington, who shall, within fifteen days thereafter, for such compensation as may be fixed by the governor, to be paid out of the fund hereinafter created, examine said judge and report, in writing, to the governor their findings in the matter. If a majority of such physicians shall report that in their opinion said judge has (2002 Ed.) Retirement of Judges—Retirement System become permanently incapacitated for the full and efficient performance of the duties of his office, and if the governor shall approve such report, he shall file the report, with his approval endorsed thereon, in the office of the director and a duplicate copy thereof with the administrator for the courts, and from the date of such filing the applicant shall be deemed to have retired from office and be entitled to the benefits of this chapter to the same extent as if he had retired under the provisions of RCW 2.12.010. (2) The retirement for disability of a judge, who has served as a judge of the supreme court, court of appeals, or superior court of the state of Washington for a period of ten years in the aggregate, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (House Joint Resolution No. 37, approved by the voters November 4, 1980), with the concurrence of the retirement board, shall be considered a retirement under subsection (1) of this section. [1982 1st ex.s. c 52 § 3; 1982 c 18 § 2; 1973 c 106 § 5; 1971 c 30 § 4; 1937 c 229 § 2; RRS § 11054-2.] Reviser’s note: House Joint Resolution No. 37, approved by the voters November 4, 1980, became Amendment 71 to the state Constitution. Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180. Construction—1971 c 30: See note following RCW 2.12.010. 2.12.030 Amount and time of payment—Surviving spouse’s benefit. Supreme court, court of appeals, or superior court judges of the state who retire from office under the provisions of this chapter other than as provided in RCW 2.12.012 shall be entitled to receive monthly during the period of their natural life, out of the fund hereinafter created, an amount equal to one-half of the monthly salary they were receiving as a judge at the time of their retirement, or at the end of the term immediately prior to their retirement if their retirement is made after expiration of their term. The surviving spouse of any judge who shall have heretofore retired or may hereafter retire, or of a judge who was heretofore or may hereafter be eligible for retirement at the time of death, if the surviving spouse had been married to the judge for three years, if the surviving spouse had been married to the judge prior to retirement, shall be paid an amount equal to one-half of the retirement pay of the judge, as long as such surviving spouse remains unmarried. The retirement pay shall be paid monthly by the state treasurer on or before the tenth day of each month. The provisions of this section shall apply to the surviving spouse of any judge who dies while holding such office or dies after having retired under the provisions of this chapter and who at the time of death had served ten or more years in the aggregate as a judge of the supreme court, court of appeals, or superior court or any of such courts, or had served an aggregate of twelve years in the supreme court, court of appeals, or superior court if such pension rights are based upon RCW 2.12.012. [1973 1st ex.s. c 154 § 1; 1971 c 30 § 5; 1961 c 286 § 3; 1957 c 243 § 1; 1951 c 79 § 1; 1945 c 19 § 1; 1937 c 229 § 3; RRS § 11054-3.] Severability—1973 1st ex.s. c 154: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 154 § 130.] Construction—1971 c 30: See note following RCW 2.12.010. (2002 Ed.) 2.12.020 2.12.035 Retirement pay of certain justices or judges retiring prior to December 1, 1968—Widow’s benefits. The retirement pay or pension of any justice of the supreme or judge of any superior court of the state who was in office on August 6, 1965, and who retired prior to December 1, 1968, or who would have been eligible to retire at the time of death prior to December 1, 1968, shall be based, effective December 1, 1968, upon the annual salary which was being prescribed by the statute in effect for the office of justice of the supreme court or for the office of judge of the superior court, respectively, at the time of his retirement or at the end of the term immediately prior to his retirement if his retirement was made after expiration of his term or at the time of his death if he died prior to retirement. The widow’s benefit for the widow of any such justice or judge as provided for in RCW 2.12.030 shall be based, effective December 1, 1968, upon such retirement pay. [1971 c 81 § 7; 1969 ex.s. c 202 § 1.] 2.12.037 Adjustment of pension of retired judges or widows. (1) "Index" for the purposes of this section, shall mean, for any calendar year, that year’s annual average consumer price index for urban wage earners and clerical workers, all items (1957-1959 equal one hundred) compiled by the Bureau of Labor Statistics, United States Department of Labor; (2) Effective July 1, 1970, every pension computed and payable under the provisions of RCW 2.12.030 to any retired judge or to his widow which does not exceed four hundred fifty dollars per month shall be adjusted to that dollar amount which bears the ratio of its original dollar amount which is found to exist between the index for 1969 and the index for the calendar year prior to the effective retirement date of the person to whom, or on behalf of whom, such retirement allowance is being paid. [1970 ex.s. c 96 § 1.] 2.12.040 Service after retirement. If any retired judge shall accept an appointment or an election to a judicial office, he shall be entitled to receive the full salary pertaining thereto, and his retirement pay under this chapter shall be suspended during such term of office and his salary then received shall be subject to contribution to the judges’ retirement fund as provided in this chapter. [1955 c 38 § 6; 1943 c 37 § 1; 1937 c 229 § 4; Rem. Supp. 1943 § 110544.] 2.12.045 Minimum monthly benefit—Post-retirement adjustment—Computation. (1) Notwithstanding any provision of law to the contrary, effective July 1, 1979, no person receiving a monthly benefit pursuant to this chapter shall receive a monthly benefit of less than ten dollars per month for each year of service creditable to the person whose service is the basis of the retirement allowance. Portions of a year shall be treated as fractions of a year and the decimal equivalent shall be multiplied by ten dollars. Where the monthly benefit was adjusted at the time benefit payments to the beneficiary commenced, the minimum benefit provided in this section shall be adjusted in a manner consistent with that adjustment. (2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the monthly benefit of each [Title 2 RCW—page 21] 2.12.045 Title 2 RCW: Courts of Record person who either is receiving benefits pursuant to RCW 2.12.020 or 2.12.030 as of December 31, 1978, or commenced receiving a monthly benefit under this chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment. This adjustment shall be in lieu of any adjustments provided under RCW 2.12.037 as of July 1, 1979, or July 1, 1980, for the affected persons. Such adjustment shall be calculated as follows: (a) Monthly benefits to which this subsection and subsection (1) of this section are both applicable shall be determined by first applying subsection (1) and then applying this subsection. The department shall determine the total years of creditable service and the total dollar benefit base accrued as of December 31, 1978, except that this determination shall take into account only those persons to whom this subsection applies; (b) The department shall multiply the total benefits determined in (a) of this subsection by six percent and divide the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then be a post-retirement increase factor which shall be applied as specified in (c) of this subsection; (c) Each person to whom this subsection applies shall receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of creditable service. [1979 ex.s. c 96 § 4.] 2.12.046 Monthly benefit—Post-retirement adjustment—Computation. Notwithstanding any provision of law to the contrary, effective July 1, 1983, the monthly benefit of each person who either is receiving benefits pursuant to RCW 2.12.020 or 2.12.030 as of December 31, 1982, or commenced receiving a monthly benefit under this chapter as of a date no later than July 1, 1978, shall be permanently increased by a post-retirement adjustment of $.74 per month for each year of creditable service the judge established with the retirement system. Any fraction of a year of service shall be counted in the computation of the post-retirement adjustment. This adjustment shall be in lieu of any adjustments provided under RCW 2.12.037 as of July 1, 1983, or July 1, 1984, for the affected persons. [1983 1st ex.s. c 56 § 1.] Effective date—1983 1st ex.s. c 56: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1983." [1983 1st ex.s. c 56 § 7.] 2.12.048 Refund of certain contributions. If a judge who was a member of this system left the system before July 1, 1988, and neither the judge nor the judge’s surviving spouse: (1) Was eligible at that time to receive a benefit under this chapter; or (2) has received an amount under a sundry claims appropriation from the state legislature intended as a refund of the judge’s contributions paid under RCW 2.12.060; then the judge or the judge’s surviving spouse may apply to the department for and receive a refund of such contributions. [1991 c 159 § 2.] 2.12.050 Judges’ retirement fund—Created— Contents—Custodian—Records. There is hereby created a fund in the state treasury to be known as "The Judges’ [Title 2 RCW—page 22] Retirement Fund" which shall consist of the moneys appropriated from the general fund in the state treasury, as hereinafter provided; the deductions from salaries of judges, as hereinafter provided, all gifts, donations, bequests and devises made for the benefit of said fund, and the rents, issues and profits thereof, or proceeds of sales of assets thereof. The state treasurer shall be treasurer, ex officio, of this fund. The treasurer shall be custodian of the moneys in said judges’ retirement fund. The department of retirement systems shall receive all moneys payable into said fund and make disbursements therefrom as provided in this chapter. The department shall keep written permanent records showing all receipts and disbursements of said fund. [1982 1st ex.s. c 52 § 4; 1977 c 75 § 1; 1977 c 18 § 1; 1967 c 28 § 1; 1959 c 192 § 1; 1937 c 229 § 5; RRS § 11054-5.] Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180. 2.12.060 Fund—Constitution—Salary deductions— Aid. For the purpose of providing moneys in said judges’ retirement fund, concurrent monthly deductions from judges’ salaries and portions thereof payable from the state treasury and withdrawals from the general fund of the state treasury shall be made as follows: Six and one-half percent shall be deducted from the monthly salary of each justice of the supreme court, six and one-half percent shall be deducted from the monthly salary of each judge of the court of appeals, and six and one-half percent of the total salaries of each judge of the superior court shall be deducted from that portion of the salary of such justices or judges payable from the state treasury; and a sum equal to six and one-half percent of the combined salaries of the justices of the supreme court, the judges of the court of appeals, and the judges of the superior court shall be withdrawn from the general fund of the state treasury. In consideration of the contributions made by the judges and justices to the judges’ retirement fund, the state hereby undertakes to guarantee the solvency of said fund and the legislature shall make biennial appropriations from the general fund of amounts sufficient to guarantee the making of retirement payments as herein provided for if the money in the judges’ retirement fund shall become insufficient for that purpose, but such biennial appropriation may be conditioned that sums appropriated may not be expended unless the money in the judges’ retirement fund shall become insufficient to meet the retirement payments. The deductions and withdrawals herein directed shall be made on or before the tenth day of each month and shall be based on the salaries of the next preceding calendar month. The administrator for the courts shall issue warrants payable to the treasurer to accomplish the deductions and withdrawals herein directed, and shall issue the monthly salary warrants of the judges and justices for the amount of salary payable from the state treasury after such deductions have been made. The treasurer shall cash the warrants made payable to him hereunder and place the proceeds thereof in the judges’ retirement fund for disbursement as authorized in this chapter. [1973 c 106 § 6; 1973 c 37 § 1. Prior: 1971 c 81 § 8; 1971 c 30 § 6; 1957 c 243 § 2; 1951 c 79 § 2; 1945 c 19 § 2; 1937 c 229 § 6; Rem. Supp. 1945 § 11054-6.] Construction—1971 c 30: See note following RCW 2.12.010. (2002 Ed.) Retirement of Judges—Retirement System Members’ retirement contributions—Pick up by employer: RCW 41.04.445. 2.12.090 Benefits exempt from taxation and judicial process—Exceptions—Deductions for group insurance premiums. (1) Except as provided in subsections (2), (3), and (4) of this section, the right of any person to a retirement allowance or optional retirement allowance under the provisions of this chapter and all moneys and investments and income thereof are exempt from any state, county, municipal, or other local tax and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or the insolvency laws, or other processes of law whatsoever and shall be unassignable except as herein specifically provided. (2) Subsection (1) of this section shall not prohibit the department of retirement systems from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) a notice of payroll deduction issued under chapter 26.23 RCW, (c) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (d) a mandatory benefits assignment order issued pursuant to chapter 41.50 RCW, (e) a court order directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law. (3) Subsection (1) of this section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington. (4) Deductions made in the past from retirement benefits are hereby expressly recognized, ratified, and affirmed. Future deductions may only be made in accordance with this section. [1991 c 365 § 19; 1989 c 360 § 23; 1987 c 326 § 18; 1982 1st ex.s. c 52 § 32.] Severability—1991 c 365: See note following RCW 41.50.500. Effective date—1987 c 326: See RCW 41.50.901. Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180. 2.12.100 Transfer of membership from Washington public employees’ retirement system to judges’ retirement system—Authorized—Procedure. Any member of the Washington public employees’ retirement system who is eligible to participate in the judges’ retirement system, may by written request filed with the director and custodian of the two systems respectively, transfer such membership to the judges’ retirement system. Upon the receipt of such request, the director of the Washington public employees’ retirement system shall transfer to the state treasurer (1) all employees’ contributions and interest thereon belonging to such member in the employees’ savings fund and all employers’ contributions credited or attributed to such member in the benefit account fund and (2) a record of service credited to such member. One-half of such service but not in excess of twelve years shall be computed and credited to such member as though such service was performed as a member of the judges’ retirement system. Upon (2002 Ed.) 2.12.060 such transfer being made the state treasurer shall deposit such moneys in the judges’ retirement fund. In the event that any such member should terminate judicial service prior to his entitlement to retirement benefits under any of the provisions of chapter 2.12 RCW, he shall upon request therefor be repaid from the judges’ retirement fund an amount equal to the amount of his employees’ contributions to the Washington public employees’ retirement system and interest plus interest thereon from the date of the transfer of such moneys: PROVIDED, HOWEVER, That this section shall not apply to any person who is retired as a judge as of February 20, 1970. [1970 ex.s. c 96 § 2.] 2.12.900 Construction—Gender. Whenever words importing the masculine gender are used in the provisions of this chapter they may be extended to females also as provided in RCW 1.12.050 and whenever words importing the feminine gender are used in the provisions of this chapter they may be extended to males. [1971 c 30 § 8.] Chapter 2.14 RETIREMENT OF JUDGES— SUPPLEMENTAL RETIREMENT Sections 2.14.010 2.14.020 2.14.030 2.14.040 2.14.050 2.14.060 2.14.070 2.14.080 2.14.090 2.14.100 2.14.110 Purpose. Definitions. Judicial retirement account plan established. Administration of plan. Administrator—Discharge of duties. Judicial retirement principal account—Creation—Transfer of deficiencies—Contributions—Use. Judicial retirement administrative account—Creation—Use— Excess balance—Deficiencies. Duties of administrator—Investments and earnings. Funding of plan—Contributions. Contributions—Distribution upon member’s separation— Exemptions from state and local tax—Exempt from execution. Payment of contributions upon member’s death. 2.14.010 Purpose. (1) The purpose of this chapter is to provide a supplemental retirement benefit to judges who are elected or appointed under chapter 2.04, 2.06, or 2.08 RCW and who are members of the public employees’ retirement system for their service as a judge. (2) This chapter may be known and cited as the judicial retirement account act. [1988 c 109 § 12.] Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.020 Definitions. The definitions in this section apply throughout this chapter. (1) "Plan" means the judicial retirement account plan. (2) "Principal account" means the judicial retirement principal account. (3) "Member" means a judge participating in the judicial retirement account plan. (4) "Administrative account" means the judicial retirement administrative account. (5) "Accumulated contributions" means the total amount contributed to a member’s account under RCW 2.14.090 (1) and (2), together with any interest and earnings that have been credited to the member’s account. [1988 c 109 § 13.] [Title 2 RCW—page 23] 2.14.020 Title 2 RCW: Courts of Record Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.030 Judicial retirement account plan established. The judicial retirement account plan is established for judges appointed or elected under chapter 2.04, 2.06, or 2.08 RCW and who are members of the public employees’ retirement system for their service as a judge. [1988 c 109 § 14.] Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.040 Administration of plan. The administrator for the courts, under the direction of the board for judicial administration, shall administer the plan. The administrator shall: (1) Deposit or invest contributions to the plan consistent with RCW 2.14.080; (2) Credit investment earnings or interest to individual judicial retirement accounts consistent with RCW 2.14.070; (3) Keep or cause to be kept full and adequate accounts and records of the assets, obligations, transactions, and affairs of any judicial retirement accounts created under this chapter; and (4) Adopt rules necessary to carry out this chapter. [1998 c 245 § 1; 1988 c 109 § 15.] Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.050 Administrator—Discharge of duties. The administrator for the courts shall be deemed to stand in a fiduciary relationship to the members participating in the plan and shall discharge his or her duties in good faith and with that diligence, care, and skill which ordinary prudent persons would exercise under similar circumstances in like positions. [1988 c 109 § 16.] Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.060 Judicial retirement principal account— Creation—Transfer of deficiencies—Contributions—Use. The judicial retirement principal account is created in the state treasury. Any deficiency in the judicial retirement administrative account caused by an excess of administrative expenses disbursed from that account over earnings of investments of balances credited to that account shall be transferred to that account from the principal account. The contributions under *section 19 of this act shall be paid into the principal account and shall be sufficient to cover costs of administration and staffing in addition to such other amounts as determined by the administrator for the courts. The principal account shall be used to carry out the purposes of this chapter. [1988 c 109 § 17.] *Reviser’s note: The reference to section 19 of this act appears to be incorrect. Section 20 of the act, codified as RCW 2.14.090, was apparently intended. Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.070 Judicial retirement administrative account—Creation—Use—Excess balance—Deficiencies. The judicial retirement administrative account is created in the state treasury. All expenses of the administrator for the courts under this chapter, including staffing and administrative expenses, shall be paid out of the administrative account. Any excess balance of this account over adminis[Title 2 RCW—page 24] trative expenses disbursed from this account shall be transferred to the principal account. Any deficiency in the administrative account caused by an excess of administrative expenses disbursed from this account over the excess balance of this account shall be transferred to this account from the principal account. [1991 sp.s. c 13 § 70; 1988 c 109 § 18.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.080 Duties of administrator—Investments and earnings. (1) The administrator for the courts shall: (a) Deposit or invest the contributions under RCW 2.14.090 in a credit union, savings and loan association, bank, or mutual savings bank; (b) Purchase life insurance, shares of an investment company, or fixed and/or variable annuity contracts from any insurance company or investment company licensed to contract business in this state; or (c) Invest in any of the class of investments described in RCW 43.84.150. (2) The state investment board or the department of retirement systems, at the request of the administrator for the courts, may invest moneys in the principal account. Moneys invested by the investment board shall be invested in accordance with RCW 43.84.150. Moneys invested by the department of retirement systems shall be invested in accordance with applicable law. Except as provided in RCW 43.33A.160 or as necessary to pay a pro rata share of expenses incurred by the department of retirement systems, one hundred percent of all earnings from these investments, exclusive of investment income pursuant to RCW 43.84.080, shall accrue directly to the principal account. [1996 c 39 § 20; 1991 sp.s. c 13 § 103; 1989 c 139 § 3; 1988 c 109 § 19.] Effective dates—1996 c 39: See note following RCW 41.32.010. Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.090 Funding of plan—Contributions. The plan shall be funded as provided in this section. (1) Two and one-half percent shall be deducted from each member’s salary. (2) The state, as employer, shall contribute an equal amount on a monthly basis. (3) The contributions shall be collected by the administrator for the courts and deposited in the member’s account within the principal account. [1988 c 109 § 20.] Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.100 Contributions—Distribution upon member’s separation—Exemptions from state and local tax—Exempt from execution. (1) A member who separates from judicial service for any reason is entitled to receive a lump sum distribution of the member’s accumulated contributions. The administrator for the courts may adopt rules establishing other payment options, in addition to lump sum distributions, if the other payment options conform to the requirements of the federal internal revenue code. (2002 Ed.) Retirement of Judges—Supplemental Retirement (2) The right of a person to receive a payment under this chapter and the moneys in the accounts created under this chapter are exempt from any state, county, municipal, or other local tax and are not subject to execution, garnishment, or any other process of law whatsoever. [1988 c 109 § 21.] Effective date—1988 c 109: See note following RCW 2.10.030. 2.14.110 Payment of contributions upon member’s death. If a member dies, the amount of the accumulated contributions standing to the member’s credit at the time of the member’s death shall be paid to the member’s estate, or such person or persons, trust, or organization as the member has nominated by written designation duly executed and filed with the office of the administrator for the courts. If there is no such designated person or persons still living at the time of the member’s death, the member’s accumulated contributions shall be paid to the member’s surviving spouse as if in fact the spouse had been nominated by written designation or, if there is no such surviving spouse, then to the member’s legal representatives. [1996 c 42 § 1; 1988 c 109 § 22.] Effective date—1988 c 109: See note following RCW 2.10.030. Chapter 2.16 ASSOCIATION OF SUPERIOR COURT JUDGES Sections 2.16.010 Association created. 2.16.020 Officers. 2.16.040 Uniform court rules. 2.16.050 Annual meeting. 2.16.070 Effect of chapter on existing laws. Administrator for the courts: Chapter 2.56 RCW. 2.14.100 ensuing year, and other business transacted as may properly come before the association. [1996 c 82 § 1; 1955 c 38 § 10; 1933 ex.s. c 58 § 5; RRS § 11051-5.] 2.16.070 Effect of chapter on existing laws. Except for the provisions of *RCW 2.16.060, this chapter shall not be held to repeal any other existing law relating to the visitation of judges. [1933 ex.s. c 58 § 7; RRS § 11051-7.] *Reviser’s note: RCW 2.16.060 was repealed by 1973 c 106 § 40. Chapter 2.20 MAGISTRATES Sections 2.20.010 Magistrate defined. 2.20.020 Who are magistrates. Municipal judges as magistrates: RCW 35.20.020, 35.20.250. Preliminary hearings: Chapter 10.16 RCW. 2.20.010 Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime. [1891 c 53 § 1; RRS § 50.] 2.20.020 Who are magistrates. The following persons are magistrates: (1) The justices of the supreme court. (2) The judges of the court of appeals. (3) The superior judges, and district judges. (4) All municipal officers authorized to exercise the powers and perform the duties of district judges. [1987 c 202 § 103; 1971 c 81 § 9; 1891 c 53 § 2; RRS § 51.] Intent—1987 c 202: See note following RCW 2.04.190. 2.16.010 Association created. All the judges of the superior courts of the state of Washington are hereby associated under the name of the association of the superior court judges of the state of Washington. [1933 ex.s. c 58 § 1; RRS § 11051-1.] 2.16.020 Officers. The judges shall elect from their number a president, who shall be called president judge, and a secretary, who shall hold their offices from the date of one annual meeting of the association to the next. [1955 c 38 § 7; 1933 ex.s. c 58 § 2; RRS § 11051-2.] 2.16.040 Uniform court rules. At its annual meetings, pursuant to section 24, Article IV of the state Constitution, the association shall have power to establish uniform rules for the government of the superior courts, which rules may be amended from time to time. [1955 c 38 § 9; 1933 ex.s. c 58 § 4; RRS § 11051-4.] Rules of court: Cf. CR 83. Rule-making power, supreme court: RCW 2.04.180 through 2.04.210. Superior court rules: State Constitution Art. 4 § 24. Uniform rules to be established: RCW 2.08.230. 2.16.050 Annual meeting. The association shall meet annually at a time established by the association’s governing board. At the meeting officers shall be chosen for the (2002 Ed.) Chapter 2.24 COURT COMMISSIONERS AND REFEREES Sections 2.24.010 Appointment of court commissioners—Qualifications—Term of office. 2.24.020 Oath. 2.24.030 Salary. 2.24.040 Powers—Fees. 2.24.050 Revision by court. 2.24.060 Referees—Definition—Powers. Attorney serving as guardian ad litem—Disqualification as court commissioner pro tempore—Circumstances: RCW 2.08.185. Court commissioners: State Constitution Art. 4 § 23; RCW 71.05.135 and 71.05.137. Juvenile court, court commissioner powers: RCW 13.04.021. 2.24.010 Appointment of court commissioners— Qualifications—Term of office. There may be appointed in each county or judicial district, by the judges of the superior court having jurisdiction therein, one or more court commissioners for said county or judicial district. Each such commissioner shall be a citizen of the United States and shall hold the office during the pleasure of the judges making the appointment. [1990 c 191 § 1; 1979 ex.s. c 54 § 1; 1967 ex.s. c 87 § 1; 1961 c 42 § 1; 1909 c 124 § 1; RRS § 83. Prior: 1895 c 83 § 1.] [Title 2 RCW—page 25] 2.24.020 Title 2 RCW: Courts of Record 2.24.020 Oath. Court commissioners appointed hereunder shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the state of Washington, and to perform the duties of such office fairly and impartially and to the best of his ability. [1909 c 124 § 5; RRS § 88.] 2.24.030 Salary. Each court commissioner appointed hereunder shall be allowed a salary, in addition to the fees herein provided for, in such sum as the board of county commissioners may designate, said salary to be paid at the time and in the manner as the salary of other county officials. [1909 c 124 § 4; RRS § 87. Prior: 1895 c 83 § 3.] 2.24.040 Powers—Fees. Such court commissioner shall have power, authority, and jurisdiction, concurrent with the superior court and the judge thereof, in the following particulars: (1) To hear and determine all matters in probate, to make and issue all proper orders therein, and to issue citations in all cases where same are authorized by the probate statutes of this state. (2) To grant and enter defaults and enter judgment thereon. (3) To issue temporary restraining orders and temporary injunctions, and to fix and approve bonds thereon. (4) To act as referee in all matters and actions referred to him or her by the superior court as such, with all the powers now conferred upon referees by law. (5) To hear and determine all proceedings supplemental to execution, with all the powers conferred upon the judge of the superior court in such matters. (6) To hear and determine all petitions for the adoption of children and for the dissolution of incorporations. (7) To hear and determine all applications for the commitment of any person to the hospital for the insane, with all the powers of the superior court in such matters: PROVIDED, That in cases where a jury is demanded, same shall be referred to the superior court for trial. (8) To hear and determine all complaints for the commitments of minors with all powers conferred upon the superior court in such matters. (9) To hear and determine ex parte and uncontested civil matters of any nature. (10) To grant adjournments, administer oaths, preserve order, compel attendance of witnesses, and to punish for contempts in the refusal to obey or the neglect of the court commissioner’s lawful orders made in any matter before the court commissioner as fully as the judge of the superior court. (11) To take acknowledgments and proofs of deeds, mortgages and all other instruments requiring acknowledgment under the laws of this state, and to take affidavits and depositions in all cases. (12) To provide an official seal, upon which shall be engraved the words "Court Commissioner," and the name of the county for which he or she may be appointed, and to authenticate his official acts therewith in all cases where same is necessary. [Title 2 RCW—page 26] (13) To charge and collect, for his or her own use, the same fees for the official performance of official acts mentioned in subsections (4) and (11) of this section as are provided by law for referees and notaries public. (14) To hear and determine small claims appeals as provided in chapter 12.36 RCW. (15) In adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to *RCW 9.94A.634; accept pleas if authorized by local court rules; appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances; and accept waivers of the right to speedy trial. [2000 c 73 § 1; 1997 c 352 § 14; 1991 c 33 § 6; 1979 ex.s. c 54 § 2; 1963 c 188 § 1; 1909 c 124 § 2; RRS § 85. Prior: 1895 c 83 § 2.] *Reviser’s note: This RCW reference has been corrected to reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6. Effective date—1991 c 33: See note following RCW 3.66.020. Powers of commissioner under juvenile court act: RCW 13.04.030. 2.24.050 Revision by court. All of the acts and proceedings of court commissioners hereunder shall be subject to revision by the superior court. Any party in interest may have such revision upon demand made by written motion, filed with the clerk of the superior court, within ten days after the entry of any order or judgment of the court commissioner. Such revision shall be upon the records of the case, and the findings of fact and conclusions of law entered by the court commissioner, and unless a demand for revision is made within ten days from the entry of the order or judgment of the court commissioner, the orders and judgments shall be and become the orders and judgments of the superior court, and appellate review thereof may be sought in the same fashion as review of like orders and judgments entered by the judge. [1988 c 202 § 1; 1971 c 81 § 10; 1909 c 124 § 3; RRS § 86.] Severability—1988 c 202: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 202 § 97.] 2.24.060 Referees—Definition—Powers. A referee is a person appointed by the court or judicial officer with power— (1) To try an issue of law or of fact in a civil action or proceeding and report thereon. (2) To ascertain any other fact in a civil action or proceeding when necessary for the information of the court, and report the fact or to take and report the evidence in an action. (3) To execute an order, judgment or decree or to exercise any other power or perform any other duty expressly authorized by law. [1891 c 25 § 1; RRS § 82.] Referee asking or receiving unlawful compensation: RCW 9A.68.020, 9A.68.030. Supplemental proceedings: Chapter 6.32 RCW. Trial before referee: Chapter 4.48 RCW. (2002 Ed.) Powers of Courts and General Provisions Chapter 2.28 POWERS OF COURTS AND GENERAL PROVISIONS Sections 2.28.010 2.28.020 2.28.030 2.28.040 2.28.050 2.28.060 2.28.070 2.28.080 2.28.090 2.28.100 2.28.110 2.28.120 2.28.130 2.28.139 2.28.140 2.28.141 2.28.150 2.28.160 Powers of courts in conduct of judicial proceedings. Contempt—Punishment. Judicial officer defined—When disqualified. May act as attorney, when. Judge distinguished from court. Judicial officers—Powers. Contempt—Judicial officer may punish. Powers of judges of supreme and superior courts. Powers of inferior judicial officers. Legal holidays—No court—Exceptions. Legal holiday—Sitting deemed adjourned. Proceedings may be adjourned from time to time. Proceeding not to fail for want of judge or session of court. County to furnish court house. Court rooms. County commissioners to provide temporary quarters. Implied powers—Proceeding when mode not prescribed. Judge pro tempore—Compensation—Reimbursement for subsistence, lodging and travel expenses—Affidavit to court. 2.28.170 Drug courts. Justice without unnecessary delay: State Constitution Art. 1 § 10. 2.28.010 Powers of courts in conduct of judicial proceedings. Every court of justice has power—(1) To preserve and enforce order in its immediate presence. (2) To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation under its authority. (3) To provide for the orderly conduct of proceedings before it or its officers. (4) To compel obedience to its judgments, decrees, orders and process, and to the orders of a judge out of court, in an action, suit or proceeding pending therein. (5) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto. (6) To compel the attendance of persons to testify in an action, suit or proceeding therein, in the cases and manner provided by law. (7) To administer oaths in an action, suit or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties. [1955 c 38 § 12; 1909 c 124 § 2; RRS § 85.] Compelling attendance of witnesses: Chapter 5.56 RCW. Oaths, who may administer: RCW 5.28.010. 2.28.020 Contempt—Punishment. For the effectual exercise of the powers specified in RCW 2.28.010, the court may punish for contempt in the cases and the manner provided by law. [1891 c 54 § 2; RRS § 53.] Rules of court: CR 45(f). Contempts: Chapter 7.21 RCW. Criminal contempts: Chapter 7.21 RCW, RCW 9.92.040. Power of judicial officer to punish for contempt: RCW 2.28.060, 2.28.070. Witnesses, failure to attend as contempt: RCW 5.56.061 through 5.56.080. 2.28.030 Judicial officer defined—When disqualified. A judicial officer is a person authorized to act as a judge in a court of justice. Such officer shall not act as such (2002 Ed.) Chapter 2.28 in a court of which he is a member in any of the following cases: (1) In an action, suit or proceeding to which he is a party, or in which he is directly interested. (2) When he was not present and sitting as a member of the court at the hearing of a matter submitted for its decision. (3) When he is related to either party by consanguinity or affinity within the third degree. The degree shall be ascertained and computed by ascending from the judge to the common ancestor and descending to the party, counting a degree for each person in both lines, including the judge and party and excluding the common ancestor. (4) When he has been attorney in the action, suit or proceeding in question for either party; but this section does not apply to an application to change the place of trial, or the regulation of the order of business in court. In the cases specified in subdivisions (3) and (4), the disqualification may be waived by the parties, and except in the supreme court and the court of appeals shall be deemed to be waived unless an application for a change of the place of trial be made as provided by law. [1971 c 81 § 11; 1895 c 39 § 1; 1891 c 54 § 3; RRS § 54.] 2.28.040 May act as attorney, when. A part-time district judge, if permitted by court rule, may act as an attorney in any court other than the one of which he or she is judge, except in an action, suit or proceeding removed therefrom to another court for review. [1987 c 202 § 104; 1891 c 54 § 4; RRS § 55. Cf. Code 1881 § 3293.] Intent—1987 c 202: See note following RCW 2.04.190. Judge may not practice law: State Constitution Art. 4 § 19. 2.28.050 Judge distinguished from court. A judge may exercise out of court all the powers expressly conferred upon a judge as contradistinguished from a court and not otherwise. [1891 c 54 § 5; RRS § 56.] 2.28.060 Judicial officers—Powers. Every judicial officer has power—(1) To preserve and enforce order in his immediate presence and in the proceedings before him, when he is engaged in the performance of a duty imposed upon him by law. (2) To compel obedience to his lawful orders as provided by law. (3) To compel the attendance of persons to testify in a proceeding pending before him, in the cases and manner provided by law. (4) To administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers and the performance of his duties. [1955 c 38 § 13; 1891 c 54 § 6; RRS § 57.] Compelling attendance of witnesses: Chapter 5.56 RCW. Oaths, who may administer: RCW 5.28.010. 2.28.070 Contempt—Judicial officer may punish. For the effectual exercise of the powers specified in RCW 2.28.060, a judicial officer may punish for contempt in the cases and manner provided by law. [1891 c 54 § 7; RRS § 58.] Rules of court: CR 45(f). Contempts: Chapter 7.21 RCW. [Title 2 RCW—page 27] 2.28.070 Title 2 RCW: Courts of Record Criminal contempts: Chapter 7.21 RCW, RCW 9.92.040. Power of court to punish for contempt: RCW 2.28.020. Witnesses, failure to attend as contempt: RCW 5.56.061 through 5.56.080. 2.28.080 Powers of judges of supreme and superior courts. The judges of the supreme and superior courts have power in any part of the state to take and certify— (1) The proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged. (2) The acknowledgment of satisfaction of a judgment in any court. (3) An affidavit or deposition to be used in any court of justice or other tribunal of this state. (4) To exercise any other power and perform any other duty conferred or imposed upon them by statute. [1891 c 54 § 8; RRS § 59.] Who may take acknowledgments: RCW 64.08.010. 2.28.090 Powers of inferior judicial officers. Every other judicial officer may, within the county, city, district or precinct in which he is chosen— (1) Exercise the powers mentioned in RCW 2.28.080 (1), (2) and (3). (2) Exercise any other power and perform any other duty conferred or imposed upon him by other statute. [1891 c 54 § 9; RRS § 60.] 2.28.100 Legal holidays—No court—Exceptions. No court shall be open, nor shall any judicial business be transacted, on a legal holiday, except: (1) To give, upon their request, instructions to a jury when deliberating on their verdict; (2) To receive the verdict of a jury; (3) For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature; (4) For hearing applications for and issuing writs of habeas corpus, injunction, prohibition and attachment; (5) For the issuance of any process or subpoena not requiring immediate judicial or court action, and the service thereof. The governor, in declaring any legal holiday, in his discretion, may provide in his proclamation that such holiday shall not be applicable to the courts of or within the state. [1986 c 219 § 1; 1933 c 54 § 1; 1927 c 51 § 2; RRS § 64. Prior: 1891 c 41 § 2; Code 1881 § 1267.] Courts to be open except on nonjudicial days: State Constitution Art. 4 § 6 (Amendment 28). Legal holidays: RCW 1.16.050. 2.28.110 Legal holiday—Sitting deemed adjourned. If any legal holiday happens to be a day appointed for the sitting of a court or to which it is adjourned, such sitting shall be deemed appointed for or adjourned to the next day which is not a legal holiday. [1927 c 51 § 3; RRS § 65. Prior: 1891 c 41 § 3.] 2.28.120 Proceedings may be adjourned from time to time. A court or judicial officer has power to adjourn any proceeding before it or him from time to time, as may [Title 2 RCW—page 28] be necessary, unless otherwise expressly provided by law. [1891 c 54 § 10; RRS § 66.] 2.28.130 Proceeding not to fail for want of judge or session of court. No proceeding in a court of justice in any action, suit, or proceeding pending therein, is affected by a vacancy in the office of any or all of the judges, or by the failure of a session of the court. [1891 c 49 § 2; RRS § 67.] Rules of court: Section superseded by CR 6(c). See comment by court after CR 6(c). 2.28.139 County to furnish court house. The county in which the court is held shall furnish the court house, a jail or suitable place for confining prisoners, books for record, stationery, lights, wood, attendance, and other incidental expenses of the court house and court which are not paid by the United States. [Code 1881 § 2111; 1869 p 421 § 10; 1863 p 425 § 11; RRS § 4034.] 2.28.140 Court rooms. If the proper authority neglects to provide any superior court with rooms, furniture, fuel, lights and stationery suitable and sufficient for the transaction of its business and for the jury attending upon it, if there be one, the court may order the sheriff to do so, at the place within the county designated by law for holding such court; and the expense incurred by the sheriff in carrying such order into effect, when ascertained and ordered to be paid by the court, is a charge upon the county. [1955 c 38 § 14; 1891 c 54 § 11; RRS § 68.] 2.28.141 County commissioners to provide temporary quarters. Until proper buildings are erected at a place fixed upon for the seat of justice in any county, it shall be the duty of the county commissioners to provide some suitable place for holding the courts of such county. [Code 1881 § 2688; 1854 p 423 § 23; RRS § 4035.] 2.28.150 Implied powers—Proceeding when mode not prescribed. When jurisdiction is, by the Constitution of this state, or by statute, conferred on a court or judicial officer all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding is not specifically pointed out by statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of the laws. [1955 c 38 § 15; 1891 c 54 § 12; RRS § 69.] 2.28.160 Judge pro tempore—Compensation— Reimbursement for subsistence, lodging and travel expenses—Affidavit to court. Whenever a judge serves as a judge pro tempore the payments for subsistence, lodging, and compensation pursuant to RCW 2.04.250 and 2.06.160 as now or hereafter amended shall be paid only for time actually spent away from the usual residence and abode of such pro tempore judge and only for time actually devoted to sitting on cases heard by such pro tempore judge and for time actually spent in research and preparation of a written opinion prepared and delivered by such pro tempore judge; which time spent shall be evidenced by an affidavit of such judge to be submitted by him to the court from which he is (2002 Ed.) Powers of Courts and General Provisions entitled to receive subsistence, lodging, and compensation for his services pursuant to RCW 2.04.250 and 2.06.160 as now or hereafter amended. [1975-’76 2nd ex.s. c 34 § 2.] Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 2.28.170 Drug courts. (1) Counties may establish and operate drug courts. (2) For the purposes of this section, "drug court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism and substance abuse among nonviolent, substance abusing offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment; mandatory periodic drug testing; and the use of appropriate sanctions and other rehabilitation services. (3)(a) Any jurisdiction that seeks a state appropriation to fund a drug court program must first: (i) Exhaust all federal funding received from the office of national drug control policy that is available to support the operations of its drug court and associated services; and (ii) Match, on a dollar-for-dollar basis, state moneys allocated for drug court programs with local cash or in-kind resources. Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for drug court operations and associated services. (b) Any county that establishes a drug court pursuant to this section shall establish minimum requirements for the participation of offenders in the program. The drug court may adopt local requirements that are more stringent than the minimum. The minimum requirements are: (i) The offender would benefit from substance abuse treatment; (ii) The offender has not previously been convicted of a serious violent offense or sex offense as defined in RCW 9.94A.030; and (iii) Without regard to whether proof of any of these elements is required to convict, the offender is not currently charged with or convicted of an offense: (A) That is a sex offense; (B) That is a serious violent offense; (C) During which the defendant used a firearm; or (D) During which the defendant caused substantial or great bodily harm or death to another person. [2002 c 290 § 13; 1999 c 197 § 9.] Cost-effectiveness report: "The Washington state institute for public policy shall by March 1, 2003, report on the cost-effectiveness of existing drug courts in Washington and their impacts on reducing recidivism." [2002 c 290 § 25.] Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note following RCW 70.96A.350. Intent—2002 c 290: See note following RCW 9.94A.517. Severability—2002 c 290: See RCW 9.94A.924. Legislative recognition—1999 c 197: "The legislature recognizes the utility of drug court programs in reducing recidivism and assisting the courts by diverting potential offenders from the normal course of criminal trial proceedings." [1999 c 197 § 7.] Severability—1999 c 197: See note following RCW 9.94A.030. (2002 Ed.) 2.28.160 Chapter 2.32 COURT CLERKS, REPORTERS, AND BAILIFFS Sections 2.32.011 2.32.021 2.32.031 2.32.050 2.32.060 2.32.070 2.32.071 2.32.090 2.32.110 2.32.120 2.32.130 2.32.140 2.32.160 2.32.170 2.32.180 2.32.200 2.32.210 2.32.220 2.32.230 2.32.240 2.32.250 2.32.260 2.32.270 2.32.280 2.32.290 2.32.300 2.32.310 2.32.330 2.32.360 2.32.370 Election, compensation—Clerks of superior court. Oath and bond of clerk of superior court. Office—Clerks of superior court. Powers and duties of court clerks. Powers and duties of clerk of superior court. Fees—Supreme court clerk, clerks of court of appeals. Fees—Superior court clerks. Clerk not to practice law. Reporter’s duties. Publication of reports. Correction by judges. Opinions available to reporter. Commission on supreme court reports. Commission—Powers. Superior court reporters—Qualifications—Appointment— Terms—Oath and bonds. Duties of official reporter. Salaries—Expenses. Application to lesser judicial districts. One reporter for two lesser districts. Transcript of testimony—Fee—Forma pauperis. Transcript accorded verity. Notes of outgoing reporter may be transcribed—Effect. Reporter pro tempore. Reporter as amanuensis in counties with populations of one hundred twenty-five thousand or more. Court files accessible to reporter. Office space. Other reporting service not precluded. Criers and bailiffs. Compensation of superior court bailiffs. Payment of compensation. 2.32.011 Election, compensation—Clerks of superior court. See chapters 36.16 and 36.17 RCW. 2.32.021 Oath and bond of clerk of superior court. See RCW 36.16.040 through 36.16.060. 2.32.031 Office—Clerks of superior court. See RCW 36.23.080. 2.32.050 Powers and duties of court clerks. The clerk of the supreme court, each clerk of the court of appeals, and each clerk of a superior court, has power to take and certify the proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged, and to administer oaths in every case when authorized by law; and it is the duty of the clerk of the supreme court, each clerk of the court of appeals, and of each county clerk for each of the courts for which he is clerk— (1) To keep the seal of the court and affix it in all cases where he is required by law. (2) To record the proceedings of the court. (3) To keep the records, files and other books and papers appertaining to the court. (4) To file all papers delivered to him for that purpose in any action or proceeding in the court as directed by court rule or statute. (5) To attend the court of which he is clerk, to administer oaths, and receive the verdict of a jury in any action or [Title 2 RCW—page 29] 2.32.050 Title 2 RCW: Courts of Record proceeding therein, in the presence and under the direction of the court. (6) To keep the journal of the proceedings of the court, and, under the direction of the court, to enter its orders, judgments and decrees. (7) To authenticate by certificate or transcript, as may be required, the records, files or proceedings of the court, or any other paper appertaining thereto and filed with him. (8) To exercise the powers and perform the duties conferred and imposed upon him elsewhere by statute. (9) In the performance of his duties to conform to the direction of the court. (10) To publish notice of the procedures for inspection of the public records of the court. [1981 c 277 § 1; 1971 c 81 § 12; 1891 c 57 § 3; RRS § 77. Prior: Code 1881 §§ 2180, 2182, 2184.] Severability—1981 c 331: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 331 § 16.] "Folio" defined: RCW 1.16.040. 2.32.071 36.18.020. Fees—Superior court clerks. See RCW County law library fees: RCW 27.24.070, 27.24.090. 2.32.090 Clerk not to practice law. Each clerk of a court is prohibited during his continuance in office from acting, or having a partner who acts, as an attorney of the court of which he is clerk. [1891 c 57 § 5; RRS § 81. Prior: Code 1881 § 2183; 1854 p 367 § 10.] Rules of court: SAR 16(3). Rules of court: SAR 16. 2.32.060 Powers and duties of clerk of superior court. See chapter 36.23 RCW. County clerk is clerk of superior court: State Constitution Art. 4 § 26. County clerk’s trust fund and safekeeping thereof: Chapter 36.48 RCW. 2.32.070 Fees—Supreme court clerk, clerks of court of appeals. The clerk of the supreme court and the clerks of the court of appeals shall collect the following fees for their official services: Upon filing his or her first paper or record and making an appearance, the appellant or petitioner shall pay to the clerk of said court a docket fee of two hundred fifty dollars. For copies of opinions, twenty cents per folio: PROVIDED, That counsel of record and criminal defendants shall be supplied a copy without charge. For certificates showing admission of an attorney to practice law five dollars, except that there shall be no fee for an original certificate to be issued at the time of his or her admission. For filing a petition for review of a court of appeals decision terminating review, two hundred dollars. The foregoing fees shall be all the fees connected with the appeal or special proceeding. No fees shall be required to be advanced by the state or any municipal corporation, or any public officer prosecuting or defending on behalf of such state or municipal corporation. [1992 c 140 § 1; 1987 c 382 § 1; 1981 c 331 § 2; 1971 ex.s. c 107 § 2; 1951 c 51 § 1; 1907 c 56 § 1, part; 1903 c 151 § 1, part; RRS § 497, part. Prior: 1893 c 130 § 1, part; Code 1881 § 2086, part; 1866 pp 94-99, part; 1863 pp 391-399, part; 1861 pp 34-42, part; 1854 pp 368-376, part.] Effective date—1992 c 140: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1992." [1992 c 140 § 2.] Court Congestion Reduction Act of 1981—Purpose—1981 c 331: "Recognizing the value of providing the people of the state of Washington with justice delivered in an expeditious fashion, recognizing the need to assure the people of the state of Washington that the quality of our judicial system will not be placed in jeopardy, and recognizing the need to avoid congestion of the courts at all levels of our judicial system, the legislature hereby enacts this Court Congestion Reduction Act of 1981." [1981 c 331 § 1.] [Title 2 RCW—page 30] 2.32.110 Reporter’s duties. He shall prepare such decisions for publication by giving the title of each case, a syllabus of the points decided, a brief statement of the facts bearing on the points decided, the names of the counsel, and a reference to such authorities as are cited from standard reports and textbooks that have a special bearing on the case, and he shall prepare a full and comprehensive index to each volume, and prefix a table of cases reported. [1890 p 320 § 2; RRS § 11059.] Rules of court: SAR 17. 2.32.120 Publication of reports. The reports must be published under the supervision of the court, and to that end each of the judges must be furnished by the reporter with proof sheets of each volume thirty days before its final publication. [1890 p 320 § 3; RRS § 11060.] Rules of court: SAR 17. Publication of supreme court opinions: State Constitution Art. 4 § 21. reports by public printer: RCW 43.78.070. 2.32.130 Correction by judges. Within thirty days after such proof sheets are furnished, the judges must return the same to the reporter, with corrections or alterations, and he must make the corrections or alterations accordingly. [1890 p 320 § 4; RRS § 11061.] Rules of court: SAR 17. 2.32.140 Opinions available to reporter. The reporter may take the original opinions and papers in each case from the clerk’s office and retain them in his possession not exceeding sixty days. [1890 p 320 § 5; RRS § 11062.] 2.32.160 Commission on supreme court reports. There is hereby created a commission advisory to the supreme court regarding the publication of the decisions of the supreme court and court of appeals of this state in both the form of advance sheets for temporary use and in permanent form, to be known as the commission on supreme court reports, and to include the reporter of decisions, the state law librarian, and such other members, including a judge of the court of appeals and a member in good standing of the Washington state bar association, as determined by the chief justice of the supreme court, who shall be chairman of the (2002 Ed.) Court Clerks, Reporters, and Bailiffs commission. Members of the commission shall serve as such without additional or any compensation: PROVIDED, That members shall be compensated in accordance with RCW 43.03.240. [1995 c 257 § 1; 1984 c 287 § 7; 1971 c 42 § 1; 1943 c 185 § 1; Rem. Supp. 1943 § 11071-1. Prior: 1917 c 87 § 1; 1905 c 167 §§ 1-4; 1895 c 55 § 1; 1891 c 37 § 1; 1890 p 327 § 1.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 2.32.170 Commission—Powers. The commission shall make recommendations to the supreme court on matters pertaining to the publication of such decisions, in both temporary and permanent forms. The commission shall by July 1, 1997, develop a policy that ensures that if any material prepared pursuant to RCW 2.32.110 is licensed for resale, the material is made available for licensing to all commercial resellers on an equal and nonexclusive basis. [1995 c 257 § 2; 1943 c 185 § 2; Rem. Supp. 1943 § 110712. Prior: 1921 c 162 § 1; 1919 c 117 §§ 1-3; 1905 c 167 § 5.] 2.32.180 Superior court reporters—Qualifications— Appointment—Terms—Oath and bonds. It shall be and is the duty of each and every superior court judge in counties or judicial districts in the state of Washington having a population of over thirty-five thousand inhabitants to appoint, or said judge may, in any county or judicial district having a population of over twenty-five thousand and less than thirty-five thousand, appoint a stenographic reporter to be attached to the judge’s court who shall have had at least three years’ experience as a skilled, practical reporter, or who upon examination shall be able to report and transcribe accurately one hundred and seventy-five words per minute of the judge’s charge or two hundred words per minute of testimony each for five consecutive minutes; said test of proficiency, in event of inability to meet qualifications as to length of time of experience, to be given by an examining committee composed of one judge of the superior court and two official reporters of the superior court of the state of Washington, appointed by the president judge of the superior court judges association of the state of Washington: PROVIDED, That a stenographic reporter shall not be required to be appointed for the seven additional judges of the superior court authorized for appointment by section 1, chapter 323, Laws of 1987, the additional superior court judge authorized by section 1, chapter 66, Laws of 1988, the additional superior court judges authorized by sections 2 and 3, chapter 328, Laws of 1989, the additional superior court judges authorized by sections 1 and 2, chapter 186, Laws of 1990, or the additional superior court judges authorized by sections 1 through 5, chapter 189, Laws of 1992. Appointment of a stenographic reporter is not required for any additional superior court judge authorized after July 1, 1992. The initial judicial appointee shall serve for a period of six years; the two initial reporter appointees shall serve for a period of four years and two years, respectively, from September 1, 1957; thereafter on expiration of the first terms of service, each newly appointed member of said examining committee to serve for a period of six years. In the event of death or inability of a member to serve, the president judge (2002 Ed.) 2.32.160 shall appoint a reporter or judge, as the case may be, to serve for the balance of the unexpired term of the member whose inability to serve caused such vacancy. The examining committee shall grant certificates to qualified applicants. Administrative and procedural rules and regulations shall be promulgated by said examining committee, subject to approval by the said president judge. The stenographic reporter upon appointment shall thereupon become an officer of the court and shall be designated and known as the official reporter for the court or judicial district for which he or she is appointed: PROVIDED, That in no event shall there be appointed more official reporters in any one county or judicial district than there are superior court judges in such county or judicial district; the appointments in each county with a population of one million or more shall be made by the majority vote of the judges in said county acting en banc; the appointments in each county with a population of from one hundred twentyfive thousand to less than one million may be made by each individual judge therein or by the judges in said county acting en banc. Each official reporter so appointed shall hold office during the term of office of the judge or judges appointing him or her, but may be removed for incompetency, misconduct or neglect of duty, and before entering upon the discharge of his or her duties shall take an oath to perform faithfully the duties of his or her office, and file a bond in the sum of two thousand dollars for the faithful discharge of his or her duties. Such reporter in each court is hereby declared to be a necessary part of the judicial system of the state of Washington. [1992 c 189 § 6; 1991 c 363 § 2; 1990 c 186 § 3; 1989 c 328 § 4; 1988 c 66 § 3; 1987 c 323 § 4; 1957 c 244 § 1; 1945 c 154 § 1; 1943 c 69 § 1; 1921 c 42 § 1; 1913 c 126 § 1; Rem. Supp. 1945 § 42-1. Formerly RCW 2.32.180, 2.32.190.] Effective dates—1992 c 189: See note following RCW 2.08.061. Purpose—1991 c 363: "The purposes of this act are to eliminate the use of formal county classes and substitute the use of the most current county population figures to distinguish counties. In addition, certain old statutes that reference county class, but no longer are followed, are repealed or amended to conform with current practices." [1991 c 363 § 1.] Captions not law—1991 c 363: "Section headings as used in this act do not constitute any part of the law." [1991 c 363 § 168.] 2.32.200 Duties of official reporter. It shall be the duty of each official reporter appointed under RCW 2.32.180 through 2.32.310 to attend every term of the superior court in the county or judicial district for which he is appointed, at such times as the judge presiding may direct; and upon the trial of any cause in any court, if either party to the suit or action, or his attorney, request the services of the official reporter, the presiding judge shall grant such request, or upon his own motion such presiding judge may order a full report of the testimony, exceptions taken, and all other oral proceedings; in which case the official reporter shall cause accurate shorthand notes of the oral testimony, exceptions taken, and other oral proceedings had, to be taken, except when the judge and attorneys dispense with his services with respect to any portion of the proceedings therein, which notes shall be filed in the office of the clerk of the superior court where such trial is had. [1983 c 3 § 1; 1913 c 126 § 2; RRS § 42-2.] [Title 2 RCW—page 31] 2.32.210 Title 2 RCW: Courts of Record 2.32.210 Salaries—Expenses. Each official reporter shall be paid such compensation as shall be fixed, after recommendation by the judges of the judicial district involved, by the legislative authority of the county comprising said judicial district, or by the legislative authorities acting jointly where the judicial district is comprised of more than one county: PROVIDED, That in judicial districts having a total population of forty thousand or more, the salary of an official court reporter shall not be less than sixteen thousand five hundred dollars per annum: PROVIDED FURTHER, That in judicial districts having a total population of twenty-five thousand and under forty thousand, such salary shall not be less than eleven thousand one hundred dollars per annum. Said compensation shall be paid out of the current expense fund of the county or counties where court is held. In judicial districts comprising more than one county the council or commissioners thereof shall, on the first day of January of each year, or as soon thereafter as may be convenient, apportion the amount of the salary to be paid to the reporter by each county according and in proportion to the number of criminal and civil actions entered and commenced in superior court of the constituent counties in the preceding year. In addition to the salary above provided, in judicial districts comprising more than one county, the reporter shall receive his actual and necessary expenses of transportation and living expenses when he goes on official business to a county of his judicial district other than the county in which he resides, from the time he leaves his place of residence until he returns thereto, said expense to be paid by the county to which he travels. If one trip includes two or more counties, the expense may be apportioned between the counties visited in proportion to the amount of time spent in each county on the trip. If an official reporter uses his own automobile for the purpose of such transportation, he shall be paid therefor at the same rate per mile as county officials are paid for use of their private automobiles. The sworn statement of the official reporter, when certified to as correct by the judge presiding, shall be a sufficient voucher upon which the county auditor shall draw his warrant upon the treasurer of the county in favor of the official reporter. The salaries of official court reporters shall be paid upon sworn statements, when certified as correct by the judge presiding, as state and county officers are paid. [1975 1st ex.s. c 128 § 1; 1972 ex.s. c 18 § 1; 1969 c 95 § 1; 1967 c 20 § 1; 1965 ex.s. c 114 § 1; 1961 c 121 § 1; 1957 c 244 § 2; 1953 c 265 § 1; 1951 c 210 § 1. Prior: 1945 c 24 § 1; 1943 c 69 § 2; 1913 c 126 § 3; Rem. Supp. 1945 § 42-3.] 2.32.220 Application to lesser judicial districts. If the judge of the superior court in any judicial district having a total population of less than twenty-five thousand finds that the work in such district requires the services of an official court reporter he may appoint a person qualified under RCW 2.32.180. [1957 c 244 § 3; 1951 c 210 § 2; 1945 c 24 § 2; Rem. Supp. 1945 § 42-3a.] 2.32.230 One reporter for two lesser districts. An official court reporter may be appointed to serve two or more judicial districts, each of which has a total population under twenty-five thousand, if the judges thereof so agree, [Title 2 RCW—page 32] and the salary of such official reporter shall be determined by the total population of all the judicial districts so served in accordance with the schedule of salaries in RCW 2.32.210, and shall be apportioned between the several counties of the districts as therein provided. Such reporter, if appointed, must be qualified to serve, under RCW 2.32.180. [1951 c 210 § 3; 1945 c 24 § 3; Rem. Supp. 1945 § 42-3b.] 2.32.240 Transcript of testimony—Fee—Forma pauperis. (1) When a record has been taken in any cause as provided in RCW 2.32.180 through 2.32.310, if the court, or either party to the suit or action, or his attorney, request a transcript, the official reporter and clerk of the court shall make, or cause to be made, with reasonable diligence, full and accurate transcript of the testimony and other proceedings, which shall, when certified to as hereinafter provided, be filed with the clerk of the court where such trial is had for the use of the court or parties to the action. The fees of the reporter and clerk of the court for making such transcript shall be fixed in accordance with costs as allowed in cost bills in civil cases by the supreme court of the state of Washington, and when such transcript is ordered by any party to any suit or action, said fee shall be paid forthwith by the party ordering the same, and in all cases where a transcript is made as provided for under the provisions of RCW 2.32.180 through 2.32.310 the cost thereof shall be taxable as costs in the case, and shall be so taxed as other costs in the case are taxed: PROVIDED, That when, from and after December 20, 1973, a party has been judicially determined to have a constitutional right to a transcript and to be unable by reason of poverty to pay for such transcript, the court may order said transcript to be made by the official reporter, which transcript fee therefor shall be paid by the state upon submission of appropriate vouchers to the clerk of the supreme court. [1983 c 3 § 2; 1975 1st ex.s. c 261 § 1; 1972 ex.s. c 111 § 1; 1970 ex.s. c 31 § 1; 1965 c 133 § 3; 1957 c 244 § 4; 1943 c 69 § 4; 1913 c 126 § 5; Rem. Supp. 1943 § 42-5.] Severability—1965 c 133: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1965 c 133 § 4.] Indigent party—State to pay costs and fees incident to review by supreme court or court of appeals: RCW 4.88.330. 2.32.250 Transcript accorded verity. The report of the official reporter, when transcribed and certified as being a correct transcript of the stenographic notes of the testimony, or other oral proceedings had in the matter, shall be prima facie a correct statement of such testimony or other oral proceedings had, and the same may thereafter, in any civil cause, be read in evidence as competent testimony, when satisfactory proof is offered to the judge presiding that the witness originally giving such testimony is then dead or without the jurisdiction of the court, subject, however, to all objections the same as though such witness were present and giving such testimony in person. [1913 c 126 § 6; RRS § 42-6.] 2.32.260 Notes of outgoing reporter may be transcribed—Effect. When the official reporter who has taken (2002 Ed.) Court Clerks, Reporters, and Bailiffs notes in any cause, shall thereafter cease to be such official reporter, any transcript thereafter made by him therefrom, or made by any competent person under the direction of the court, and duly certified to by the person making the same, under oath, as a full, true and correct transcript of said notes, the same shall have full force and effect the same as though certified by an official reporter of said court. [1913 c 126 § 7; RRS § 42-7.] 2.32.270 Reporter pro tempore. In the event of the absence or inability of the official reporter to act, the presiding judge may appoint a competent stenographer to act pro tempore, who shall perform the same duties as the official reporter, and whose report when certified to, shall have the same legal effect as the certified report of the official reporter. The reporter pro tempore shall possess the qualifications and take the oath prescribed for the official reporter, and shall file a like bond, and shall receive the same compensation. [1913 c 126 § 8; RRS § 42-8.] 2.32.280 Reporter as amanuensis in counties with populations of one hundred twenty-five thousand or more. In all counties or judicial districts, except in any county with a population of one hundred twenty-five thousand or more, such official reporter shall act as amanuensis to the court for which he or she is appointed. [1991 c 363 § 3; 1957 c 244 § 5; 1943 c 69 § 5; 1913 c 126 § 9; Rem. Supp. 1943 § 42-9.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. 2.32.290 Court files accessible to reporter. Official reporters or reporters pro tempore may, without order of court, upon giving a proper receipt therefor, procure at all reasonable hours from the office of the clerk of the court, any files or exhibits necessary for use in the preparation of statements of fact or transcribing portions of testimony or proceedings in any cause reported by them. [1913 c 126 § 10; RRS § 42-10.] 2.32.300 Office space. Suitable office space shall be furnished the official reporter. [1943 c 69 § 6; 1913 c 126 § 11; Rem. Supp. 1943 § 42-11.] 2.32.310 Other reporting service not precluded. Nothing in this act or any other act or parts of acts or court rule shall be construed to preclude such official reporter from performing other and additional reporting service at any time when such service can be performed without conflict with or prejudice to the duties of the official reporter. [1943 c 69 § 8; Rem. Supp. 1943 § 42-14.] 2.32.330 Criers and bailiffs. Every court of record shall have the power to appoint a crier and as many bailiffs as may be necessary for the orderly and expeditious dispatch of the business. [1891 c 54 § 13; RRS § 11052.] 2.32.360 Compensation of superior court bailiffs. Bailiffs of the several superior courts in this state, appointed by the respective judges thereof, shall be paid for their (2002 Ed.) 2.32.260 services such salary or per diem as shall be fixed and allowed by the board of county commissioners of the county in which they serve. [1949 c 139 § 1; 1945 c 149 § 1; 1943 c 94 § 1; 1939 c 134 § 1; 1917 c 94 § 1; 1891 c 10 § 1; Rem. Supp. 1949 § 10973. Cf. 1921 c 25 § 1; 1919 c 141 § 1.] 2.32.370 Payment of compensation. From time to time, the superior judge of the county shall certify the amount due any such bailiff, and order the payment thereof; and thereupon the county auditor shall issue to such bailiff a warrant on the county treasurer, payable out of the general fund [current expense fund], for the amount so certified. [1891 c 10 § 2; RRS § 10975.] Chapter 2.36 JURIES Sections 2.36.010 2.36.020 2.36.050 2.36.052 Definitions. Kinds of juries. Juries in courts of limited jurisdiction. Courts of limited jurisdiction—Performance of jury management activities by superior court authorized. 2.36.054 Jury source list—Master jury list—Creation. 2.36.055 Jury source list—Master jury list—Compilation. 2.36.057 Expanded jury source list—Court rules. 2.36.0571 Jury source list—Master jury list—Adoption of rules for implementation of methodology and standards by agencies. 2.36.063 Compilation of jury source list, master jury list, and selection of jurors by electronic data processing. 2.36.065 Judges to ensure random selection—Description of process. 2.36.070 Qualification of juror. 2.36.072 Determination of juror qualification—Written declaration. 2.36.080 Selection of jurors—State policy—Exclusion for race, color, religion, sex, national origin, or economic status prohibited. 2.36.093 Selection of jurors—Length and number of terms—Time of service. 2.36.095 Summons to persons selected. 2.36.100 Excuse from service—Reasons—Assignment to another term—Summons for additional service—Certification of prior service. 2.36.110 Judge must excuse unfit person. 2.36.130 Additional names. 2.36.150 Compensation of jurors—Reimbursement of counties for jury and witness fees in certain cases. 2.36.165 Leave of absence from employment to be provided—Denial of promotional opportunities prohibited—Penalty—Civil action. 2.36.170 Failure of juror to appear—Penalty. Grand juries—Criminal investigations: Chapter 10.27 RCW. Juries crimes relating to: Chapter 9.51 RCW. in eminent domain proceedings: Title 8 RCW. Jury trial, civil cases, challenging, procedure, etc.: Chapter 4.44 RCW. 2.36.010 Definitions. Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter. (1) A jury is a body of persons temporarily selected from the qualified inhabitants of a particular district, and invested with power— (a) To present or indict a person for a public offense. (b) To try a question of fact. [Title 2 RCW—page 33] 2.36.010 Title 2 RCW: Courts of Record (2) "Court" when used without further qualification means any superior court or court of limited jurisdiction in the state of Washington. (3) "Judge" means every judicial officer authorized to hold or preside over a court. For purposes of this chapter "judge" does not include court commissioners or referees. (4) "Juror" means any person summoned for service on a petit jury, grand jury, or jury of inquest as defined in this chapter. (5) "Grand jury" means those twelve persons impaneled by a superior court to hear, examine, and investigate evidence concerning criminal activity and corruption. (6) "Petit jury" means a body of persons twelve or less in number in the superior court and six in number in courts of limited jurisdiction, drawn by lot from the jurors in attendance upon the court at a particular session, and sworn to try and determine a question of fact. (7) "Jury of inquest" means a body of persons six or fewer in number, but not fewer than four persons, summoned before the coroner or other ministerial officer, to inquire of particular facts. (8) "Jury source list" means the list of all registered voters for any county, merged with a list of licensed drivers and identicard holders who reside in the county. The list shall specify each person’s name and residence address and conform to the methodology and standards set pursuant to the provisions of RCW 2.36.054 or by supreme court rule. The list shall be filed with the superior court by the county auditor. (9) "Master jury list" means the list of prospective jurors from which jurors summoned to serve will be randomly selected. The master jury list shall be either randomly selected from the jury source list or may be an exact duplicate of the jury source list. (10) "Jury term" means a period of time of one or more days, not exceeding one month, during which summoned jurors must be available to report for juror service. (11) "Juror service" means the period of time a juror is required to be present at the court facility. This period of time may not extend beyond the end of the jury term, and may not exceed two weeks, except to complete a trial to which the juror was assigned during the two-week period. (12) "Jury panel" means those persons randomly selected for jury service for a particular jury term. [1993 c 408 § 4; 1992 c 93 § 1; 1988 c 188 § 2; 1891 c 48 § 1; RRS § 89.] Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054. Legislative findings—1988 c 188: "The legislature recognizes the vital and unique role of the jury system in enhancing our system of justice. The purpose of this chapter is the promotion of efficient jury administration and the opportunity for widespread citizen participation in the jury system. To accomplish this purpose the legislature intends that all courts and juries of inquest in the state of Washington select, summon, and compensate jurors uniformly." [1988 c 188 § 1.] Severability—1988 c 188: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 188 § 23.] Effective date—1988 c 188: "Except for section 19, this act shall take effect January 1, 1989. Section 19 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 22, 1988]." [1988 c 188 § 24.] [Title 2 RCW—page 34] 2.36.020 Kinds of juries. There shall be three kinds of juries— (1) A grand jury. (2) A petit jury. (3) A jury of inquest. [1891 c 48 § 2; RRS § 90.] 2.36.050 Juries in courts of limited jurisdiction. In courts of limited jurisdiction, juries shall be selected and impaneled in the same manner as in the superior courts, except that a court of limited jurisdiction shall use the master jury list developed by the superior court to select a jury panel. Jurors for the jury panel may be selected at random from the population of the area served by the court. [1988 c 188 § 3; 1980 c 162 § 6; 1972 ex.s. c 57 § 1; 1891 c 48 § 4; RRS § 92.] Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. Severability—1980 c 162: See note following RCW 3.02.010. Courts of limited jurisdiction: Chapter 3.02 RCW. 2.36.052 Courts of limited jurisdiction— Performance of jury management activities by superior court authorized. Pursuant to an agreement between the judge or judges of each superior court and the judge or judges of each court of limited jurisdiction, jury management activities may be performed by the superior court for any county or judicial district as provided by statute. [1988 c 188 § 20.] Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. 2.36.054 Jury source list—Master jury list— Creation. Unless otherwise specified by rule of the supreme court, the jury source list and master jury list for each county shall be created as provided by this section. (1) The superior court of each county, after consultation with the county clerk and county auditor of that jurisdiction, shall annually notify the department of information services not later than March 1 of each year of its election to use either a jury source list that is merged by the county or a jury source list that is merged by the department of information services. The department of information services shall annually furnish at no charge to the superior court of each county a separate list of the registered voters residing in that county as supplied annually by the secretary of state and a separate list of driver’s license and identicard holders residing in that county as supplied annually by the department of licensing, or a merged list of all such persons residing in that county, in accordance with the annual notification required by this subsection. The lists provided by the department of information services shall be in an electronic format mutually agreed upon by the superior court requesting it and the department of information services. The annual merger of the list of registered voters residing in each county with the list of licensed drivers and identicard holders residing in each county to form a jury source list for each county shall be in accordance with the standards and methodology established in this chapter or by superseding court rule whether the merger is accomplished by the department of information services or by a county. (2002 Ed.) Juries (2) Persons on the lists of registered voters and driver’s license and identicard holders shall be identified by a minimum of last name, first name, middle initial where available, date of birth, gender, and county of residence. Identifying information shall be used when merging the lists to ensure to the extent reasonably possible that persons are only listed once on the merged list. Conflicts in addresses are to be resolved by using the most recent record by date of last vote in a general election, date of driver’s license or identicard address change or date of voter registration. (3) The department of information services shall provide counties that elect to receive a jury source list merged by department of information services with a list of names which are possible duplicates that cannot be resolved based on the identifying information required under subsection (2) of this section. If a possible duplication cannot subsequently be resolved satisfactorily through reasonable efforts by the county receiving the merged list, the possible duplicate name shall be stricken from the jury source list until the next annual jury source list is prepared. [1993 c 408 § 3.] Severability—1993 c 408: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 408 § 14.] Effective dates—1993 c 408: "(1) Sections 1, 2, 3, 6, 8, and 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993. (2) Sections 10 and 12 of this act shall take effect March 1, 1994. (3) The remainder of this act shall take effect September 1, 1994." [1993 c 408 § 15.] 2.36.055 Jury source list—Master jury list— Compilation. The superior court at least annually shall cause a jury source list to be compiled from a list of all registered voters and a list of licensed drivers and identicard holders residing in the county. The superior court upon receipt of the jury source list shall compile a master jury list. The master jury list shall be certified by the superior court and filed with the county clerk. All previous jury source lists and master jury lists shall be superseded. In the event that, for any reason, a county’s jury source list is not timely created and available for use at least annually, the most recent previously compiled jury source list for that county shall be used by the courts of that county on an emergency basis only for the shortest period of time until a current jury source list is created and available for use. Upon receipt of amendments to the list of registered voters and licensed drivers and identicard holders residing in the county the superior court may update the jury source list and master jury list as maintained by the county clerk accordingly. [1993 c 408 § 5; 1988 c 188 § 4.] Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054. Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. 2.36.057 Expanded jury source list—Court rules. The supreme court is requested to adopt court rules to be effective by September 1, 1994, regarding methodology and standards for merging the list of registered voters in Washington state with the list of licensed drivers and identicard (2002 Ed.) 2.36.054 holders in Washington state for purposes of creating an expanded jury source list. The rules should specify the standard electronic format or formats in which the lists will be provided to requesting superior courts by the department of information services. In the interim, and until such court rules become effective, the methodology and standards provided in RCW 2.36.054 shall apply. An expanded jury source list shall be available to the courts for use by September 1, 1994. [1993 c 408 § 1.] Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054. 2.36.0571 Jury source list—Master jury list— Adoption of rules for implementation of methodology and standards by agencies. Not later than January 1, 1994, the secretary of state, the department of licensing, and the department of information services shall adopt administrative rules as necessary to provide for the implementation of the methodology and standards established pursuant to RCW 2.36.057 and 2.36.054 or by supreme court rule. [1993 c 408 § 2.] Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054. 2.36.063 Compilation of jury source list, master jury list, and selection of jurors by electronic data processing. The judge or judges of the superior court of any county may employ a properly programmed electronic data processing system or device to compile the jury source list, and to compile the master jury list and to randomly select jurors from the master jury list. [1993 c 408 § 6; 1988 c 188 § 5; 1973 2nd ex.s. c 13 § 1.] Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054. Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. 2.36.065 Judges to ensure random selection— Description of process. It shall be the duty of the judges of the superior court to ensure continued random selection of the master jury list and jury panels, which shall be done without regard to whether a person’s name originally appeared on the list of registered voters, or on the list of licensed drivers and identicard holders, or both. The judges shall review the process from time to time and shall cause to be kept on file with the county clerk a description of the jury selection process. Any person who desires may inspect this description in said office. Nothing in this chapter shall be construed as requiring uniform equipment or method throughout the state, so long as fair and random selection of the master jury list and jury panels is achieved. [1993 c 408 § 7; 1988 c 188 § 6.] Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054. Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. 2.36.070 Qualification of juror. A person shall be competent to serve as a juror in the state of Washington unless that person: (1) Is less than eighteen years of age; (2) Is not a citizen of the United States; [Title 2 RCW—page 35] 2.36.070 Title 2 RCW: Courts of Record (3) Is not a resident of the county in which he or she has been summoned to serve; (4) Is not able to communicate in the English language; or (5) Has been convicted of a felony and has not had his or her civil rights restored. [1988 c 188 § 7; 1975 1st ex.s. c 203 § 1; 1971 ex.s. c 292 § 3; 1911 c 57 § 1; RRS § 94. Prior: 1909 c 73 § 1.] Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. Severability—1971 ex.s. c 292: See note following RCW 26.28.010. 2.36.072 Determination of juror qualification— Written declaration. Each court shall establish a means to preliminarily determine by a written declaration signed under penalty of perjury by the person summoned, the qualifications set forth in RCW 2.36.070 of each person summoned for jury duty prior to their appearance at the court to which they are summoned to serve. Upon receipt by the summoning court of a written declaration stating that a declarant does not meet the qualifications set forth in RCW 2.36.070, that declarant shall be excused from appearing in response to the summons. If a person summoned to appear for jury duty fails to sign and return a declaration of his or her qualifications to serve as a juror prior to appearing in response to a summons and is later determined to be unqualified for one of the reasons set forth in RCW 2.36.070, that person shall not be entitled to any compensation as provided in RCW 2.36.150. Information provided to the court for preliminary determination of statutory qualification for jury duty may only be used for the term such person is summoned and may not be used for any other purpose, except that the court, or designee, may report a change of address or nondelivery of summons of persons summoned for jury duty to the county auditor. [1993 c 408 § 9.] Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054. 2.36.080 Selection of jurors—State policy— Exclusion for race, color, religion, sex, national origin, or economic status prohibited. (1) It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity in accordance with chapter 135, Laws of 1979 ex. sess. to be considered for jury service in this state and have an obligation to serve as jurors when summoned for that purpose. (2) It is the policy of this state to maximize the availability of residents of the state for jury service. It also is the policy of this state to minimize the burden on the prospective jurors, their families, and employers resulting from jury service. The jury term and jury service should be set at as brief an interval as is practical given the size of the jury source list for the judicial district. The optimal jury term is two weeks or less. Optimal juror service is one day or one trial, whichever is longer. (3) A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, or economic status. [Title 2 RCW—page 36] (4) This section does not affect the right to peremptory challenges under RCW 4.44.130. [1992 c 93 § 2; 1979 ex.s. c 135 § 2; 1967 c 39 § 1; 1911 c 57 § 2; RRS § 95. Prior: 1909 c 73 § 2.] Severability—1979 ex.s. c 135: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 135 § 12.] 2.36.093 Selection of jurors—Length and number of terms—Time of service. (1) At such time as the judge or judges of any court of any county shall deem that the public business requires a jury term to be held, the judge or judges shall direct that a jury panel be selected and summoned to serve for the ensuing jury term or terms. (2) The court shall establish the length and number of jury terms in a consecutive twelve-month period, and shall establish the time of juror service consistent with the provisions of RCW 2.36.010. [1992 c 93 § 3; 1988 c 188 § 8; 1973 2nd ex.s. c 13 § 2.] Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. 2.36.095 Summons to persons selected. (1) Persons selected to serve on a petit jury, grand jury, or jury of inquest shall be summoned by mail or personal service. The county clerk shall issue summons and thereby notify persons selected for jury duty. The clerk may issue summons for any jury term, in any consecutive twelve-month period, at any time thirty days or more before the beginning of the jury term for which the summons are issued. However, when applicable, the provisions of RCW 2.36.130 apply. (2) In courts of limited jurisdiction summons shall be issued by the court. Upon the agreement of the courts, the county clerk may summon jurors for any and all courts in the county or judicial district. (3) The county clerk shall notify the county auditor of each summons for jury duty that is returned by the postal service as undeliverable. [1993 c 408 § 8; 1992 c 93 § 4; 1990 c 140 § 1; 1988 c 188 § 9.] Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054. Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. 2.36.100 Excuse from service—Reasons— Assignment to another term—Summons for additional service—Certification of prior service. (1) Except for a person who is not qualified for jury service under RCW 2.36.070, no person may be excused from jury service by the court except upon a showing of undue hardship, extreme inconvenience, public necessity, or any reason deemed sufficient by the court for a period of time the court deems necessary. (2) At the discretion of the court’s designee, after a request by a prospective juror to be excused, a prospective juror excused from juror service for a particular time may be assigned to another jury term within the twelve-month period. If the assignment to another jury term is made at the time a juror is excused from the jury term for which he or she was summoned, a second summons under RCW 2.36.095 need not be issued. (2002 Ed.) Juries (3) When the jury source list has been fully summoned within a consecutive twelve-month period and additional jurors are needed, jurors who have already served during the consecutive twelve-month period may be summoned again for service. A juror who has previously served may only be excused if he or she served at least two weeks of juror service within the preceding twelve months. An excuse for prior service shall be granted only upon the written request of the prospective juror, which request shall certify the terms of prior service. Prior jury service may include service in superior court, in a court of limited jurisdiction, in the United States District Court, or on a jury of inquest. [1992 c 93 § 5; 1988 c 188 § 10; 1983 c 181 § 1; 1979 ex.s. c 135 § 3; 1911 c 57 § 7; RRS § 100. Prior: 1909 c 73 § 7.] 2.36.100 within an adult or juvenile correctional institution: PROVIDED FURTHER, That the compensation paid jurors shall be determined by the county legislative authority and shall be uniformly applied within the county. [1987 c 202 § 105; 1979 ex.s. c 135 § 7; 1975 1st ex.s. c 76 § 1; 1959 c 73 § 1; 1951 c 51 § 2; 1943 c 188 § 1; 1933 c 52 § 1; 1927 c 171 § 1; 1907 c 56 § 1, part; Rem. Supp. 1943 § 4229. Prior: 1903 c 151 § 1, part; 1893 p 421 § 1, part; Code 1881 § 2086, part.] Intent—1987 c 202: See note following RCW 2.04.190. Severability—1979 ex.s. c 135: See note following RCW 2.36.080. Travel expense in lieu of mileage in certain cases: RCW 2.40.030. 2.36.130 Additional names. If for any reason the jurors drawn for service upon a jury for any term shall not be sufficient to dispose of the pending jury business, or where no jury is in regular attendance and the business of the court may require the attendance of a jury before a regular term, the judge or judges of any court may direct the random selection and summoning from the master jury list such additional names as they may consider necessary. [1988 c 188 § 12; 1911 c 57 § 6; RRS § 99.] 2.36.165 Leave of absence from employment to be provided—Denial of promotional opportunities prohibited—Penalty—Civil action. (1) An employer shall provide an employee with a sufficient leave of absence from employment to serve as a juror when that employee is summoned pursuant to chapter 2.36 RCW. (2) An employer shall not deprive an employee of employment or threaten, coerce, or harass an employee, or deny an employee promotional opportunities because the employee receives a summons, responds to the summons, serves as a juror, or attends court for prospective jury service. (3) An employer who intentionally violates subsection (1) or (2) of this section shall be guilty of a misdemeanor. (4) If an employer commits an act in violation of subsection (2) of this section the employee may bring a civil action for damages as a result of the violation and for an order requiring the reinstatement of the employee. If the employee prevails, the employee shall be allowed a reasonable attorney’s fee as determined by the court. (5) For purposes of this section employer means any person, association, partnership, or private or public corporation who employs or exercises control over wages, hours, or working conditions of one or more employees. [1988 c 188 § 13.] Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. 2.36.150 Compensation of jurors—Reimbursement of counties for jury and witness fees in certain cases. Jurors shall receive for each day’s attendance, besides mileage at the rate determined under RCW 43.03.060, the following compensation: (1) Grand jurors may receive up to twenty-five dollars but in no case less than ten dollars; (2) Petit jurors may receive up to twenty-five dollars but in no case less than ten dollars; (3) Coroner’s jurors may receive up to twenty-five dollars but in no case less than ten dollars; (4) District court jurors may receive up to twenty-five dollars but in no case less than ten dollars: PROVIDED, That a person excused from jury service at his or her own request shall be allowed not more than a per diem and such mileage, if any, as to the court shall seem just and equitable under all circumstances: PROVIDED FURTHER, That the state shall fully reimburse the county in which trial is held for all jury fees and witness fees related to criminal cases which result from incidents occurring 2.36.170 Failure of juror to appear—Penalty. A person summoned for jury service who intentionally fails to appear as directed shall be guilty of a misdemeanor. [1988 c 188 § 14.] Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. Severability—1979 ex.s. c 135: See note following RCW 2.36.080. 2.36.110 Judge must excuse unfit person. It shall be the duty of a judge to excuse from further jury service any juror, who in the opinion of the judge, has manifested unfitness as a juror by reason of bias, prejudice, indifference, inattention or any physical or mental defect or by reason of conduct or practices incompatible with proper and efficient jury service. [1988 c 188 § 11; 1925 ex.s. c 191 § 3; RRS § 97-1.] Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. (2002 Ed.) Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010. Chapter 2.40 WITNESSES Sections 2.40.010 2.40.020 Witness fees and mileage. Witness fee and mileage in civil cases demandable in advance. 2.40.030 Travel expense in lieu of mileage in certain cases. 2.40.040 Attorney of record not entitled to witness fee in case. Discovery and depositions: Title 5 RCW; see also Rules of Court: CR 26 through 37. District courts, witnesses: Chapter 12.16 RCW. Utilities and transportation commission proceedings, witness fees: RCW 80.04.040, 81.04.040. [Title 2 RCW—page 37] Chapter 2.40 Title 2 RCW: Courts of Record Witness fees and mileage in criminal cases: RCW 10.01.130, 10.01.140, 10.52.040. Witnesses: Chapters 5.56 and 5.60 RCW. 2.40.010 Witness fees and mileage. Witnesses shall receive for each day’s attendance in all courts of record of this state the same compensation per day and per mile as jurors in superior court. Witnesses in any other court shall receive for each day’s attendance the same compensation per day and per mile as jurors in district court. [1987 c 202 § 106; 1977 ex.s. c 54 § 1; 1951 c 51 § 3; 1907 c 56 § 1, part; RRS § 497, part. Prior: 1903 c 151 § 1, part; 1893 p 421 § 1, part; Code 1881 § 2086, part.] Intent—1987 c 202: See note following RCW 2.04.190. 2.40.020 Witness fee and mileage in civil cases demandable in advance. Witnesses in civil cases shall be entitled to receive, upon demand, their fees for one day’s attendance, together with mileage going to the place where they are required to attend, if such demand is made to the officer or person serving the subpoena at the time of service. [Code 1881 § 2100; 1869 p 374 § 22; RRS § 507.] 2.40.030 Travel expense in lieu of mileage in certain cases. Whenever a juror, witness or officer is required to attend a court, or travel on official business out of the limits of his own county, and entitled to mileage, in lieu thereof he may at his option receive his actual and necessary traveling expenses by the usually traveled route in going to and returning from the place where the court is held, or where the business is discharged. At the close of each term of the district court, the clerk shall ascertain the amount due each juror for his mileage and per diem; and he shall also certify the amount of fees that may be due to the sheriff of any other county than that in which the court is held, who may have attended the term, having a prisoner in custody charged with or convicted of a crime, or for the purpose of conveying such prisoner to or from the county, which, when approved by the court or judge, shall be a charge upon the county to which the prisoner belongs; and he shall also certify the amount which may be due witnesses attending from another county in a criminal case for their fees, which, when approved by the court or judge, shall be a charge upon the county to which the case belongs. [Code 1881 § 2109; 1869 p 419 § 7; 1863 p 424 §§ 6, 8; RRS §§ 509, 4230.] Compensation of jurors: RCW 2.36.150. County officers—Expenses: RCW 42.24.090. Salaried officers not to receive witness fees: RCW 42.16.020. State officers—Subsistence and mileage: RCW 43.03.050, 43.03.060. Witness fees as costs in civil actions: RCW 4.84.090. 2.40.040 Attorney of record not entitled to witness fee in case. No attorney in any case shall be allowed any fees as a witness in such case. [Code 1881 § 2095; 1869 p 374 § 17; RRS § 502.] [Title 2 RCW—page 38] Chapter 2.42 INTERPRETERS IN LEGAL PROCEEDINGS Sections 2.42.010 Legislative declaration—Intent. 2.42.050 Oath. 2.42.110 Definitions. 2.42.120 Appointment, pay. 2.42.130 Source of interpreters, qualifications. 2.42.140 Intermediary interpreter, when. 2.42.150 Waiver of right to interpreter. 2.42.160 Privileged communication. 2.42.170 Fee. 2.42.180 Visual recording of testimony. Rules of court: ER 604. 2.42.010 Legislative declaration—Intent. It is hereby declared to be the policy of this state to secure the constitutional rights of deaf persons and of other persons who, because of impairment of hearing or speech, are unable to readily understand or communicate the spoken English language, and who consequently cannot be fully protected in legal proceedings unless qualified interpreters are available to assist them. It is the intent of the legislature in the passage of this chapter to provide for the appointment of such interpreters. [1989 c 358 § 12; 1983 c 222 § 1; 1973 c 22 § 1.] Severability—1989 c 358: See note following RCW 2.43.010. 2.42.050 Oath. Every qualified interpreter appointed under this chapter in a judicial or administrative proceeding shall, before beginning to interpret, take an oath that a true interpretation will be made to the person being examined of all the proceedings in a manner which the person understands, and that the interpreter will repeat the statements of the person being examined to the court or other agency conducting the proceedings, to the best of the interpreter’s skill and judgment. [1989 c 358 § 14; 1985 c 389 § 20; 1973 c 22 § 5.] Rules of court: ER 604. Severability—1989 c 358: See note following RCW 2.43.010. 2.42.110 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Impaired person" means a person who, because of a hearing or speech impairment, cannot readily understand or communicate in spoken language; and includes persons who are deaf, deaf and blind, speech impaired, or hard of hearing. (2) "Qualified interpreter" means a visual language interpreter who is certified by the state or is certified by the registry of interpreters for the deaf to hold the comprehensive skills certificate or both certificates of interpretation and transliteration, or an interpreter who can readily translate statements of speech impaired persons into spoken language. (3) "Intermediary interpreter" means a hearing impaired interpreter who holds a reverse skills certificate by the state or is certified by the registry of interpreters for the deaf with a reverse skills certificate, who meets the requirements of RCW 2.42.130, and who is able to assist in providing an accurate interpretation between spoken and sign language or (2002 Ed.) Interpreters in Legal Proceedings between variants of sign language by acting as an intermediary between a hearing impaired person and a qualified hearing interpreter. (4) "Appointing authority" means the presiding officer or similar official of any court, department, board, commission, agency, licensing authority, or legislative body of the state or of any political subdivision. [1991 c 171 § 1; 1985 c 389 § 11.] 2.42.120 Appointment, pay. (1) If a hearing impaired person is a party or witness at any stage of a judicial or quasi-judicial proceeding in the state or in a political subdivision, including but not limited to civil and criminal court proceedings, grand jury proceedings, proceedings before a magistrate, juvenile proceedings, adoption proceedings, mental health commitment proceedings, and any proceeding in which a hearing impaired person may be subject to confinement or criminal sanction, the appointing authority shall appoint and pay for a qualified interpreter to interpret the proceedings. (2) If the parent, guardian, or custodian of a juvenile brought before a court is hearing impaired, the appointing authority shall appoint and pay for a qualified interpreter to interpret the proceedings. (3) If a hearing impaired person participates in a program or activity ordered by a court as part of the sentence or order of disposition, required as part of a diversion agreement or deferred prosecution program, or required as a condition of probation or parole, the appointing authority shall appoint and pay for a qualified interpreter to interpret exchange of information during the program or activity. (4) If a law enforcement agency conducts a criminal investigation involving the interviewing of a hearing impaired person, whether as a victim, witness, or suspect, the appointing authority shall appoint and pay for a qualified interpreter throughout the investigation. Whenever a law enforcement agency conducts a criminal investigation involving the interviewing of a minor child whose parent, guardian, or custodian is hearing impaired, whether as a victim, witness, or suspect, the appointing authority shall appoint and pay for a qualified interpreter throughout the investigation. No employee of the law enforcement agency who has responsibilities other than interpreting may be appointed as the qualified interpreter. (5) If a hearing impaired person is arrested for an alleged violation of a criminal law the arresting officer or the officer’s supervisor shall, at the earliest possible time, procure and arrange payment for a qualified interpreter for any notification of rights, warning, interrogation, or taking of a statement. No employee of the law enforcement agency who has responsibilities other than interpreting may be appointed as the qualified interpreter. (6) Where it is the policy and practice of a court of this state or of a political subdivision to appoint and pay counsel for persons who are indigent, the appointing authority shall appoint and pay for a qualified interpreter for hearing impaired persons to facilitate communication with counsel in all phases of the preparation and presentation of the case. [1985 c 389 § 12.] (2002 Ed.) 2.42.110 2.42.130 Source of interpreters, qualifications. (1) If a qualified interpreter for a hearing impaired person is required, the appointing authority shall request a qualified interpreter and/or an intermediary interpreter through the department of social and health services, office of deaf services, or through any community center for hearing impaired persons which operates an interpreter referral service. The office of deaf services and these community centers shall maintain an up-to-date list or lists of interpreters that are certified by the state and/or by the registry of interpreters for the deaf. (2) The appointing authority shall make a preliminary determination, on the basis of testimony or stated needs of the hearing impaired person, that the interpreter is able in that particular proceeding, program, or activity to interpret accurately all communication to and from the hearing impaired person. If at any time during the proceeding, program, or activity, in the opinion of the hearing impaired person or a qualified observer, the interpreter does not provide accurate, impartial, and effective communication with the hearing impaired person the appointing authority shall appoint another qualified interpreter. No otherwise qualified interpreter who is a relative of any participant in the proceeding may be appointed. [1991 c 171 § 2; 1985 c 389 § 13.] 2.42.140 Intermediary interpreter, when. If the communication mode or language of the hearing impaired person is not readily interpretable, the interpreter or hearing impaired person shall notify the appointing authority who shall appoint and pay an intermediary interpreter to assist the qualified interpreter. [1985 c 389 § 14.] 2.42.150 Waiver of right to interpreter. (1) The right to a qualified interpreter may not be waived except when: (a) A hearing impaired person requests a waiver through the use of a qualified interpreter; (b) The counsel, if any, of the hearing impaired person consents; and (c) The appointing authority determines that the waiver has been made knowingly, voluntarily, and intelligently. (2) Waiver of a qualified interpreter shall not preclude the hearing impaired person from claiming his or her right to a qualified interpreter at a later time during the proceeding, program, or activity. [1985 c 389 § 15.] 2.42.160 Privileged communication. (1) A qualified and/or intermediary interpreter shall not, without the written consent of the parties to the communication, be examined as to any communication the interpreter interprets under circumstances where the communication is privileged by law. (2) A qualified and/or intermediary interpreter shall not, without the written consent of the parties to the communication, be examined as to any information the interpreter obtains while interpreting pertaining to any proceeding then pending. [1991 c 171 § 3; 1985 c 389 § 16.] 2.42.170 Fee. A qualified and/or intermediary interpreter appointed under this chapter is entitled to a reasonable fee for services, including waiting time and [Title 2 RCW—page 39] 2.42.170 Title 2 RCW: Courts of Record reimbursement for actual necessary travel expenses. The fee for services for interpreters for hearing impaired persons shall be in accordance with standards established by the department of social and health services, office of deaf services. [1991 c 171 § 4; 1985 c 389 § 17.] 2.42.180 Visual recording of testimony. At the request of any party to the proceeding or on the appointing authority’s initiative, the appointing authority may order that the testimony of the hearing impaired person and the interpretation of the proceeding by the qualified interpreter be visually recorded for use in verification of the official transcript of the proceeding. In any judicial proceeding involving a capital offense, the appointing authority shall order that the testimony of the hearing impaired person and the interpretation of the proceeding by the qualified interpreter be visually recorded for use in verification of the official transcript of the proceeding. [1985 c 389 § 18.] Chapter 2.43 INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS Sections 2.43.010 2.43.020 2.43.030 2.43.040 2.43.050 2.43.060 2.43.070 2.43.080 Legislative intent. Definitions. Appointment of interpreter. Fees and expenses—Cost of providing interpreter. Oath. Waiver of right to interpreter. Testing, certification of interpreters. Code of ethics. 2.43.010 Legislative intent. It is hereby declared to be the policy of this state to secure the rights, constitutional or otherwise, of persons who, because of a non-Englishspeaking cultural background, are unable to readily understand or communicate in the English language, and who consequently cannot be fully protected in legal proceedings unless qualified interpreters are available to assist them. It is the intent of the legislature in the passage of this chapter to provide for the use and procedure for the appointment of such interpreters. Nothing in chapter 358, Laws of 1989 abridges the parties’ rights or obligations under other statutes or court rules or other law. [1989 c 358 § 1. Formerly RCW 2.42.200.] Severability—1989 c 358: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 358 § 10.] 2.43.020 Definitions. As used in this chapter: (1) "Non-English-speaking person" means any person involved in a legal proceeding who cannot readily speak or understand the English language, but does not include hearing-impaired persons who are covered under chapter 2.42 RCW. (2) "Qualified interpreter" means a person who is able readily to interpret or translate spoken and written English for non-English-speaking persons and to interpret or translate [Title 2 RCW—page 40] oral or written statements of non-English-speaking persons into spoken English. (3) "Legal proceeding" means a proceeding in any court in this state, grand jury hearing, or hearing before an inquiry judge, or before [an] administrative board, commission, agency, or licensing body of the state or any political subdivision thereof. (4) "Certified interpreter" means an interpreter who is certified by the office of the administrator for the courts. (5) "Appointing authority" means the presiding officer or similar official of any court, department, board, commission, agency, licensing authority, or legislative body of the state or of any political subdivision thereof. [1989 c 358 § 2. Formerly RCW 2.42.210.] Severability—1989 c 358: See note following RCW 2.43.010. 2.43.030 Appointment of interpreter. (1) Whenever an interpreter is appointed to assist a non-English-speaking person in a legal proceeding, the appointing authority shall, in the absence of a written waiver by the person, appoint a certified or a qualified interpreter to assist the person throughout the proceedings. (a) Except as otherwise provided for in (b) of this subsection, the interpreter appointed shall be a qualified interpreter. (b) Beginning on July 1, 1990, when a non-Englishspeaking person is a party to a legal proceeding, or is subpoenaed or summoned by an appointing authority or is otherwise compelled by an appointing authority to appear at a legal proceeding, the appointing authority shall use the services of only those language interpreters who have been certified by the office of the administrator for the courts, unless good cause is found and noted on the record by the appointing authority. For purposes of chapter 358, Laws of 1989, "good cause" includes but is not limited to a determination that: (i) Given the totality of the circumstances, including the nature of the proceeding and the potential penalty or consequences involved, the services of a certified interpreter are not reasonably available to the appointing authority; or (ii) The current list of certified interpreters maintained by the office of the administrator for the courts does not include an interpreter certified in the language spoken by the non-English-speaking person. (c) Except as otherwise provided in this section, when a non-English-speaking person is involved in a legal proceeding, the appointing authority shall appoint a qualified interpreter. (2) If good cause is found for using an interpreter who is not certified or if a qualified interpreter is appointed, the appointing authority shall make a preliminary determination, on the basis of testimony or stated needs of the non-Englishspeaking person, that the proposed interpreter is able to interpret accurately all communications to and from such person in that particular proceeding. The appointing authority shall satisfy itself on the record that the proposed interpreter: (a) Is capable of communicating effectively with the court or agency and the person for whom the interpreter would interpret; and (2002 Ed.) Interpreters for Non-English-Speaking Persons (b) Has read, understands, and will abide by the code of ethics for language interpreters established by court rules. [1990 c 183 § 1; 1989 c 358 § 3. Formerly RCW 2.42.220.] Severability—1989 c 358: See note following RCW 2.43.010. 2.43.040 Fees and expenses—Cost of providing interpreter. (1) Interpreters appointed according to this chapter are entitled to a reasonable fee for their services and shall be reimbursed for actual expenses which are reasonable as provided in this section. (2) In all legal proceedings in which the non-Englishspeaking person is a party, or is subpoenaed or summoned by the appointing authority or is otherwise compelled by the appointing authority to appear, including criminal proceedings, grand jury proceedings, coroner’s inquests, mental health commitment proceedings, and other legal proceedings initiated by agencies of government, the cost of providing the interpreter shall be borne by the governmental body initiating the legal proceedings. (3) In other legal proceedings, the cost of providing the interpreter shall be borne by the non-English-speaking person unless such person is indigent according to adopted standards of the body. In such a case the cost shall be an administrative cost of the governmental body under the authority of which the legal proceeding is conducted. (4) The cost of providing the interpreter is a taxable cost of any proceeding in which costs ordinarily are taxed. [1989 c 358 § 4. Formerly RCW 2.42.230.] Severability—1989 c 358: See note following RCW 2.43.010. 2.43.030 (2) The office of the administrator for the courts shall work cooperatively with community colleges and other private or public educational institutions, and with other public or private organizations to establish a certification preparation curriculum and suitable training programs to ensure the availability of certified interpreters. Training programs shall be made readily available in both eastern and western Washington locations. (3) The office of the administrator for the courts shall establish and adopt standards of proficiency, written and oral, in English and the language to be interpreted. (4) The office of the administrator for the courts shall conduct periodic examinations to ensure the availability of certified interpreters. Periodic examinations shall be made readily available in both eastern and western Washington locations. (5) The office of the administrator for the courts shall compile, maintain, and disseminate a current list of interpreters certified by the office of the administrator for the courts. (6) The office of the administrator for the courts may charge reasonable fees for testing, training, and certification. [1989 c 358 § 7. Formerly RCW 2.42.260.] Severability—1989 c 358: See note following RCW 2.43.010. 2.43.080 Code of ethics. All language interpreters serving in a legal proceeding, whether or not certified or qualified, shall abide by a code of ethics established by supreme court rule. [1989 c 358 § 8. Formerly RCW 2.42.270.] Severability—1989 c 358: See note following RCW 2.43.010. 2.43.050 Oath. Before beginning to interpret, every interpreter appointed under this chapter shall take an oath affirming that the interpreter will make a true interpretation to the person being examined of all the proceedings in a language which the person understands, and that the interpreter will repeat the statements of the person being examined to the court or agency conducting the proceedings, in the English language, to the best of the interpreter’s skill and judgment. [1989 c 358 § 5. Formerly RCW 2.42.240.] Severability—1989 c 358: See note following RCW 2.43.010. 2.43.060 Waiver of right to interpreter. (1) The right to a qualified interpreter may not be waived except when: (a) A non-English-speaking person requests a waiver; and (b) The appointing authority determines on the record that the waiver has been made knowingly, voluntarily, and intelligently. (2) Waiver of a qualified interpreter may be set aside and an interpreter appointed, in the discretion of the appointing authority, at any time during the proceedings. [1989 c 358 § 6. Formerly RCW 2.42.250.] Severability—1989 c 358: See note following RCW 2.43.010. 2.43.070 Testing, certification of interpreters. (1) Subject to the availability of funds, the office of the administrator for the courts shall establish and administer a comprehensive testing and certification program for language interpreters. (2002 Ed.) Chapter 2.44 ATTORNEYS AT LAW Sections 2.44.010 Authority of attorney. 2.44.020 Appearance without authority—Procedure. 2.44.030 Production of authority to act. 2.44.040 Change of attorneys. 2.44.050 Notice of change and substitution. 2.44.060 Death or removal of attorney—Proceedings. Rules of court: See Code of professional responsibility. Attorney as witness: Rules of court: CR 43(g); Code of Professional Responsibility—DR 5-102. Attorney fee in appeals from board of industrial insurance appeals: RCW 51.52.130. Legal aid: Chapter 2.50 RCW. Lien for attorneys’ fees: Chapter 60.40 RCW. Prosecuting attorneys, duties in general: Chapter 36.27 RCW. Salaried attorney of trust company or national bank not allowed fee for probating estate: RCW 11.36.010. 2.44.010 Authority of attorney. An attorney and counselor has authority: (1) To bind his client in any of the proceedings in an action or special proceeding by his agreement duly made, or entered upon the minutes of the court; but the court shall disregard all agreements and stipulations in relation to the conduct of, or any of the proceedings in, an action or special proceeding unless such agreement or stipulation be made in open court, or in presence of the clerk, and entered in the [Title 2 RCW—page 41] 2.44.010 Title 2 RCW: Courts of Record minutes by him, or signed by the party against whom the same is alleged, or his attorney; (2) To receive money claimed by his client in an action or special proceeding, during the pendency thereof, or after judgment upon the payment thereof, and not otherwise, to discharge the same or acknowledge satisfaction of the judgment; (3) This section shall not prevent a party [from] employing a new attorney or from issuing an execution upon a judgment, or from taking other proceedings prescribed by statute for its enforcement. [Code 1881 § 3280; 1863 p 404 § 6; RRS § 130.] 2.44.020 Appearance without authority—Procedure. If it be alleged by a party for whom an attorney appears, that he does so without authority, the court may, at any stage of the proceedings, relieve the party for whom the attorney has assumed to appear from the consequences of his act; it may also summarily, upon motion, compel the attorney to repair the injury to either party consequent upon his assumption of authority. [Code 1881 § 3281; 1863 p 405 § 7; RRS § 131.] 2.44.030 Production of authority to act. The court, or a judge, may, on motion of either party, and on showing reasonable grounds therefor, require the attorney for the adverse party, or for any one of several adverse parties, to produce or prove the authority under which he appears, and until he does so, may stay all proceedings by him on behalf of the party for whom he assumes to appear. [Code 1881 § 3282; 1863 p 405 § 8; RRS § 132.] 2.44.040 Change of attorneys. The attorney in an action or special proceeding, may be changed at any time before judgment or final determination as follows: (1) Upon his own consent, filed with the clerk or entered upon the minutes; or (2) Upon the order of the court, or a judge thereof, on the application of the client, or for other sufficient cause; but no such change can be made until the charges of such attorney have been paid by the party asking such change to be made. [Code 1881 § 3283; 1863 p 405 § 9; RRS § 133.] 2.44.050 Notice of change and substitution. When an attorney is changed, as provided in RCW 2.44.040, written notice of the change, and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party; until then, he shall be bound to recognize the former attorney. [Code 1881 § 3284; 1863 p 405 § 10; RRS § 134.] 2.44.060 Death or removal of attorney— Proceedings. When an attorney dies, or is removed, or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney, must, at least twenty days before any further proceedings against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person. [Code 1881 § 3285; 1863 p 405 § 11; RRS § 135.] [Title 2 RCW—page 42] Chapter 2.48 STATE BAR ACT Sections 2.48.010 2.48.020 2.48.021 2.48.030 2.48.035 Objects and powers. First members. New members. Board of governors. Board of governors—Membership—Effect of creation of new congressional districts or boundaries. 2.48.040 State bar governed by board of governors. 2.48.050 Powers of governors. 2.48.060 Admission and disbarment. 2.48.070 Admission of veterans. 2.48.080 Admission of veterans—Establishment of requirements if in service. 2.48.090 Admission of veterans—Establishment of requirements if discharged. 2.48.100 Admission of veterans—Effect of disability discharge. 2.48.110 Admission of veterans—Fees of veterans. 2.48.130 Membership fee—Active. 2.48.140 Membership fee—Inactive. 2.48.150 Admission fees. 2.48.160 Suspension for nonpayment of fees. 2.48.165 Disbarment or license suspension—Nonpayment or default on educational loan or scholarship. 2.48.166 Admission to or suspension from practice—Noncompliance with support order—Rules. 2.48.170 Only active members may practice law. 2.48.180 Definitions—Unlawful practice a crime—Cause for discipline—Unprofessional conduct—Defense—Injunction— Remedies—Costs—Attorneys’ fees—Time limit for action. 2.48.190 Qualifications on admission to practice. 2.48.200 Restrictions on practice by certain officers. 2.48.210 Oath on admission. 2.48.220 Grounds of disbarment or suspension. 2.48.230 Code of ethics. Rules of court: See Rules of Professional Responsibility, Rules for Lawyer Discipline, also Admission to Practice Rules. School district hearings, hearing officers as members of state bar association: RCW 28A.405.310. Statute law committee, membership on: RCW 1.08.001. 2.48.010 Objects and powers. There is hereby created as an agency of the state, for the purpose and with the powers hereinafter set forth, an association to be known as the Washington State Bar Association, hereinafter designated as the state bar, which association shall have a common seal and may sue and be sued, and which may, for the purpose of carrying into effect and promoting the objects of said association, enter into contracts and acquire, hold, encumber and dispose of such real and personal property as is necessary thereto. [1933 c 94 § 2; RRS § 138-2.] Severability—1933 c 94: "If any section, subsection, sentence, clause or phrase of this act or any rule adopted thereunder, is for any reason held unconstitutional, such decision shall not affect the validity of the remaining portions of this act nor of any other rule adopted hereunder. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional." [1933 c 94 § 17.] Short title—1933 c 94: "This act may be known and cited as the State Bar Act." [1933 c 94 § 1.] 2.48.020 First members. The first members of the Washington State Bar Association shall be all persons now [on June 7, 1933] entitled to practice law in this state. [1933 c 94 § 3; RRS § 138-3. FORMER PART OF SECTION: (2002 Ed.) State Bar Act 1933 c 94 § 4; RRS § 138-4 now codified as RCW 2.48.021.] 2.48.021 New members. After the organization of the state bar, as herein provided, all persons who are admitted to practice in accordance with the provisions of RCW 2.48.010 through 2.48.180, except judges of courts of record, shall become by that fact active members of the state bar. [1933 c 94 § 4; RRS § 138-4. Formerly RCW 2.48.020, part.] 2.48.030 Board of governors. There is hereby constituted a board of governors of the state bar which shall consist of not more than fifteen members, to include: The president of the state bar elected as provided by the bylaws of the association, one member from each congressional district now or hereafter existing in the state elected by secret ballot by mail by the active members residing therein, and such additional members elected as provided by the bylaws of the association. The members of the board of governors shall hold office for three years and until their successors are elected and qualified. Any vacancies in the board of governors shall be filled by the continuing members of the board until the next election, held in accordance with the bylaws of the association. The board shall not be deemed to be unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member’s unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. [1982 1st ex.s. c 30 § 1; 1972 ex.s. c 66 § 1; 1933 c 94 § 5; RRS § 138-5.] 2.48.035 Board of governors—Membership—Effect of creation of new congressional districts or boundaries. The terms of office of members of the board of governors of the state bar who are elected from the various congressional districts shall not be affected by the creation of either new boundaries for congressional districts or additional districts. In such an event, each board member so elected may continue to serve in office for the balance of the term for which he or she was elected or appointed: PROVIDED, That the board member continues to reside within the boundaries of the congressional district as they existed at the time of his or her election or appointment. Vacancies which occur in a board member position during the balance of any such term shall be filled pursuant to RCW 2.48.030, as now or hereafter amended, by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was elected as they existed at the time of his or her election. At the election immediately preceding expiration of the term of office of each board member provided for in this section following the creation of either new boundaries for congressional districts or additional districts, and thereafter, a successor shall be elected from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed or elected. [1982 1st ex.s. c 30 § 2.] 2.48.040 State bar governed by board of governors. The state bar shall be governed by the board of governors (2002 Ed.) 2.48.020 which shall be charged with the executive functions of the state bar and the enforcement of the provisions of RCW 2.48.010 through 2.48.180 and all rules adopted in pursuance thereof. The members of the board of governors shall receive no salary by virtue of their office. [1933 c 94 § 6; RRS § 138-6.] 2.48.050 Powers of governors. The said board of governors shall have power, in its discretion, from time to time to adopt rules (1) concerning membership and the classification thereof into active, inactive and honorary members; and (2) concerning the enrollment and privileges of membership; and (3) defining the other officers of the state bar, the time, place and method of their selection, and their respective powers, duties, terms of office and compensation; and (4) concerning annual and special meetings; and (5) concerning the collection, the deposit and the disbursement of the membership and admission fees, penalties, and all other funds; and (6) providing for the organization and government of district and/or other local subdivisions of the state bar; and (7) providing for all other matters, whether similar to the foregoing or not, affecting in any way whatsoever, the organization and functioning of the state bar. Any such rule may be modified, or rescinded, or a new rule adopted, by a vote of the active members under rules to be prescribed by the board of governors. [1933 c 94 § 7; RRS § 138-7.] 2.48.060 Admission and disbarment. The said board of governors shall likewise have power, in its discretion, from time to time to adopt rules, subject to the approval of the supreme court, fixing the qualifications, requirements and procedure for admission to the practice of law; and, with such approval, to establish from time to time and enforce rules of professional conduct for all members of the state bar; and, with such approval, to appoint boards or committees to examine applicants for admission; and, to investigate, prosecute and hear all causes involving discipline, disbarment, suspension or reinstatement, and make recommendations thereon to the supreme court; and, with such approval, to prescribe rules establishing the procedure for the investigation and hearing of such matters, and establishing county or district agencies to assist therein to the extent provided by such rules: PROVIDED, HOWEVER, That no person who shall have participated in the investigation or prosecution of any such cause shall sit as a member of any board or committee hearing the same. [1933 c 94 § 8; RRS § 138-8.] Rules of court: See Rules for Lawyer Discipline, also Admission to Practice Rules. 2.48.070 Admission of veterans. Any person who shall have graduated from any accredited law school and after such graduation shall have served in the armed forces of the United States of America between December 7, 1941, and the termination of the present World War, may be admitted to the practice of law in the state of Washington and to membership in the Washington State Bar Association, [Title 2 RCW—page 43] 2.48.070 Title 2 RCW: Courts of Record upon motion made before the supreme court of the state of Washington, provided the following is made to appear: (1) That the applicant is a person of good moral character over the age of twenty-one years; (2) That the applicant, at the time of entering the armed forces of the United States, was a legal resident of the state of Washington; (3) That the applicant’s service in the armed forces of the United States is or was satisfactory and honorable. [1945 c 181 § 1; Rem. Supp. 1945 § 138-7A.] Qualifications for admission to practice as prescribed by Rules of court: Admission to Practice Rules. 2.48.080 Admission of veterans—Establishment of requirements if in service. If an applicant under RCW 2.48.070 through 2.48.110 is, at the time he applies for admission to practice law in the state of Washington, still in the armed forces of the United States, he may establish the requirements of the proviso in RCW 2.48.070 by a letter or certificate from his commanding officer and by the certificates of at least two active members of the Washington State Bar Association. [1945 c 181 § 2; Rem. Supp. 1945 § 138-7B.] 2.48.090 Admission of veterans—Establishment of requirements if discharged. If an applicant under RCW 2.48.070 through 2.48.110 is, at the time he applies for admission to practice law in the state of Washington, no longer in the armed forces of the United States, he may establish the requirements of the proviso in RCW 2.48.070 as follows: (1) If he shall have been an enlisted person, by producing an honorable discharge, and by the certificates of at least two active members of the Washington State Bar Association. (2) If he shall have been an officer, by an affidavit showing that he has been relieved from active duty under circumstances other than dishonorable, and by the certificates of at least two active members of the Washington State Bar Association. [1945 c 181 § 3; Rem. Supp. 1945 § 138-7C.] 2.48.100 Admission of veterans—Effect of disability discharge. A physical disability discharge shall be considered an honorable discharge unless it be coupled with a dishonorable discharge. [1945 c 181 § 4; Rem. Supp. 1945 § 138-7D.] 2.48.110 Admission of veterans—Fees of veterans. An applicant applying for admission to practice law under the provisions of RCW 2.48.070 through 2.48.090, shall pay the same fees as are required of residents of the state of Washington seeking admission to practice law by examination. [1945 c 181 § 5; Rem. Supp. 1945 § 138-7E.] 2.48.130 Membership fee—Active. The annual membership fees for active members shall be payable on or before February 1st of each year. The board of governors may establish the amount of such annual membership fee to be effective each year: PROVIDED, That written notice of any proposed increase in membership fee shall be sent to active members not less than sixty days prior to the effective [Title 2 RCW—page 44] date of such increase: PROVIDED FURTHER, That the board of governors may establish the fee at a reduced rate for those who have been active members for less than five years in this state or elsewhere. [1957 c 138 § 1; 1953 c 256 § 1; 1933 c 94 § 9; RRS § 138-9.] 2.48.140 Membership fee—Inactive. The annual membership fee for inactive members shall be the sum of two dollars, payable on or before the first day of February of each year. [1955 c 34 § 1; 1933 c 94 § 10; RRS § 13810.] 2.48.150 Admission fees. Applicants for admission to the bar upon accredited certificates or upon examination, not having been admitted to the bar in another state or territory, shall pay a fee of twenty-five dollars and all other applicants a fee of fifty dollars. Said admission fees shall be used to pay the expenses incurred in connection with examining and admitting applicants to the bar, including salaries of examiners, and any balance remaining at the close of each biennium shall be paid to the state treasurer and be by him credited to the general fund. [1933 c 94 § 11; RRS § 138-11.] Rules of court: Admission—APR 3(d). 2.48.160 Suspension for nonpayment of fees. Any member failing to pay any fees after the same become due, and after two months’ written notice of his delinquency, must be suspended from membership in the state bar, but may be reinstated upon payment of accrued fees and such penalties as may be imposed by the board of governors, not exceeding double the amount of the delinquent fee. [1933 c 94 § 12; RRS § 138-12.] 2.48.165 Disbarment or license suspension— Nonpayment or default on educational loan or scholarship. The Washington state supreme court may provide by court rule that nonpayment or default on a federally or stateguaranteed educational loan shall result in disbarment or license suspension of the license of any person who has been certified by a lending agency and reported to the court for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The supreme court may reinstate the person when provided with a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. [1996 c 293 § 1.] Severability—1996 c 293: See note following RCW 18.04.420. 2.48.166 Admission to or suspension from practice—Noncompliance with support order—Rules. The Washington state supreme court may provide by rule that no person who has been certified by the department of social and health services as a person who is in noncompliance with a support order or a *residential or visitation order as provided in RCW 74.20A.320 may be admitted to the practice of law in this state, and that any member of the Washington state bar association who has been certified by the department of social and health services as a person who is in noncompliance with a support order or a residential or (2002 Ed.) State Bar Act visitation order as provided in RCW 74.20A.320 shall be immediately suspended from membership. The court’s rules may provide for review of an application for admission or reinstatement of membership after the department of social and health services has issued a release stating that the person is in compliance with the order. [1997 c 58 § 810.] Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320. Intent—1997 c 58: "The legislature intends that the license suspension program established in chapter 74.20A RCW be implemented fairly to ensure that child support obligations are met and that parents comply with residential and visitation orders. However, being mindful of the separations of powers and responsibilities among the branches of government, the legislature strongly encourages the state supreme court to adopt rules providing for suspension and denial of licenses related to the practice of law to those individuals who are in noncompliance with a support order or a residential or visitation order." [1997 c 58 § 809.] Short title—Part headings, captions, table of contents not law— Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904. Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320. 2.48.170 Only active members may practice law. No person shall practice law in this state subsequent to the first meeting of the state bar unless he shall be an active member thereof as hereinbefore defined: PROVIDED, That a member of the bar in good standing in any other state or jurisdiction shall be entitled to appear in the courts of this state under such rules as the board of governors may prescribe. [1933 c 94 § 13; RRS § 138-13.] Rules of court: Admission—APR 5. 2.48.180 Definitions—Unlawful practice a crime— Cause for discipline—Unprofessional conduct—Defense— Injunction—Remedies—Costs—Attorneys’ fees—Time limit for action. (1) As used in this section: (a) "Legal provider" means an active member in good standing of the state bar, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law; (b) "Nonlawyer" means a person to whom the Washington supreme court has granted a limited authorization to practice law but who practices law outside that authorization, and a person who is not an active member in good standing of the state bar, including persons who are disbarred or suspended from membership; (c) "Ownership interest" means the right to control the affairs of a business, or the right to share in the profits of a business, and includes a loan to the business when the interest on the loan is based upon the income of the business or the loan carries more than a commercially reasonable rate of interest. (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself out as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of (2002 Ed.) 2.48.166 law, knowing that a nonlawyer holds an investment or ownership interest in the business; (c) A nonlawyer knowingly holds an investment or ownership interest in a business primarily engaged in the practice of law; (d) A legal provider works for a business that is primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business; or (e) A nonlawyer shares legal fees with a legal provider. (3) Unlawful practice of law is a crime. A single violation of this section is a gross misdemeanor. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony. (4) Nothing contained in this section affects the power of the courts to grant injunctive or other equitable relief or to punish as for contempt. (5) Whenever a legal provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under this section, the plaintiff’s attorney shall provide written notification of the judgment to the appropriate regulatory or disciplinary body or agency. (6) A violation of this section is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that constitutes a violation of this section is unprofessional conduct in violation of RCW 18.130.180. (7) In a proceeding under this section it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense, the conduct alleged was authorized by the rules of professional conduct or the admission to practice rules, or Washington business and professions licensing statutes or rules. (8) Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs and the costs of the action including a reasonable attorney’s fee. The degree of proof required in an action brought under this subsection is a preponderance of the evidence. An action under this subsection must be brought within three years after the violation of this chapter occurred. [2001 c 310 § 2. Prior: 1995 c 285 § 26; 1989 c 117 § 13; 1933 c 94 § 14; RRS § 138-14.] Rules of court: RLD 1.1(h). Purpose—2001 c 310: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes, legislation relating to the crime of unlawful practice of law, enacted as sections 26 and 27, chapter 285, Laws of 1995." [2001 c 310 § 1.] Effective date—2001 c 310: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2001]." [2001 c 310 § 5.] Effective date—1995 c 285: See RCW 48.30A.900. [Title 2 RCW—page 45] 2.48.180 Title 2 RCW: Courts of Record Severability—Effective date—1989 c 117: See RCW 19.154.901 and 19.154.902. Practicing law with disbarred attorney: RCW 2.48.220(9). 2.48.190 Qualifications on admission to practice. No person shall be permitted to practice as an attorney or counselor at law or to do work of a legal nature for compensation, or to represent himself or herself as an attorney or counselor at law or qualified to do work of a legal nature, unless he or she is a citizen of the United States and a bona fide resident of this state and has been admitted to practice law in this state: PROVIDED, That any person may appear and conduct his or her own case in any action or proceeding brought by or against him or her, or may appear in his or her own behalf in the small claims department of the district court: AND PROVIDED FURTHER, That an attorney of another state may appear as counselor in a court of this state without admission, upon satisfying the court that his or her state grants the same right to attorneys of this state. [1987 c 202 § 107; 1921 c 126 § 4; RRS § 139-4. Prior: 1919 c 100 § 1; 1917 c 115 § 1.] Rules of court: Admission—APR 5. Reviser’s note: Last proviso, see later enactment, RCW 2.48.170. Intent—1987 c 202: See note following RCW 2.04.190. 2.48.200 Restrictions on practice by certain officers. No person shall practice law who holds a commission as judge in any court of record, or as sheriff or coroner; nor shall the clerk of the supreme court, the court of appeals, or of the superior court or any deputy thereof practice in the court of which he or she is clerk or deputy clerk: PROVIDED, It shall be unlawful for a deputy prosecuting attorney, or for the employee, partner, or agent of a prosecuting attorney, or for an attorney occupying offices with a prosecuting attorney, to appear for an adverse interest in any proceeding in which a prosecuting attorney is appearing, or to appear in any suit, action or proceeding in which a prosecuting attorney is prohibited by law from appearing, but nothing herein shall prohibit a prosecuting attorney or a deputy prosecuting attorney from appearing in any action or proceeding for an interest divergent from that represented in the same action or proceeding by another attorney or special attorney in or for the same office, so long as such appearances are pursuant to the duties of prosecuting attorneys as set out in RCW 36.27.020 and such appearances are consistent with the code of professional responsibility or other code of ethics adopted by the Washington state supreme court, but nothing herein shall preclude a judge or justice of a court of this state from finishing any business undertaken in a court of the United States prior to him or her becoming a judge or justice. [1992 c 225 § 1; 1975 1st ex.s. c 19 § 3; 1971 c 81 § 13; 1921 c 126 § 5; RRS § 139-5.] Rules of court: Judicial ethics—CJC. Administrator for the courts, assistant not to practice law: RCW 2.56.020. Attorney general, deputies, assistants—Private practice of law prohibited: RCW 43.10.115, 43.10.120, 43.10.125; but see RCW 43.10.130. Clerk not to practice law: RCW 2.32.090. Coroner not to practice law: RCW 36.24.170. Judges may not practice law: State Constitution Art. 4 § 19 and RCW 2.06.090, 35.20.170; but see RCW 2.28.040. Prosecuting and deputy prosecuting attorneys—Private practice prohibited in certain counties: RCW 36.27.060. [Title 2 RCW—page 46] Registrar, deputy registrar of titles not to practice law: RCW 65.12.050. Sheriff not to practice law: RCW 36.28.110. 2.48.210 Oath on admission. Every person before being admitted to practice law in this state shall take and subscribe the following oath: I do solemnly swear: I am a citizen of the United States and owe my allegiance thereto; I will support the Constitution of the United States and the Constitution of the state of Washington; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land, unless it be in defense of a person charged with a public offense; I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowledge and approval; I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man’s cause for lucre or malice. So help me God. [1921 c 126 § 12; RRS § 139-12. Prior: 1917 c 115 § 14.] Rules of court: Admission—APR 5(c) and (d). 2.48.220 Grounds of disbarment or suspension. An attorney or counselor may be disbarred or suspended for any of the following causes arising after his admission to practice: (1) His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction shall be conclusive evidence. (2) Wilful disobedience or violation of an order of the court requiring him to do or forbear an act connected with, or in the course of, his profession, which he ought in good faith to do or forbear. (3) Violation of his oath as an attorney, or of his duties as an attorney and counselor. (4) Corruptly or wilfully, and without authority, appearing as attorney for a party to an action or proceeding. (5) Lending his name to be used as attorney and counselor by another person who is not an attorney and counselor. (6) For the commission of any act involving moral turpitude, dishonesty or corruption, whether the same be committed in the course of his relations as an attorney or counselor at law, or otherwise, and whether the same constitute a felony or misdemeanor or not; and if the act constitute a felony or misdemeanor, conviction thereof in a (2002 Ed.) State Bar Act criminal proceeding shall not be a condition precedent to disbarment or suspension from practice therefor. (7) Misrepresentation or concealment of a material fact made in his application for admission or in support thereof. (8) Disbarment by a foreign court of competent jurisdiction. (9) Practicing law with or in cooperation with a disbarred or suspended attorney, or maintaining an office for the practice of law in a room or office occupied or used in whole or in part by a disbarred or suspended attorney, or permitting a disbarred or suspended attorney to use his name for the practice of law, or practicing law for or on behalf of a disbarred or suspended attorney, or practicing law under any arrangement or understanding for division of fees or compensation of any kind with a disbarred or suspended attorney or with any person not a licensed attorney. (10) Gross incompetency in the practice of the profession. (11) Violation of the ethics of the profession. [1921 c 126 § 14; 1909 c 139 § 7; RRS § 139-14.] Rules of court: RLD 1.1. 2.48.230 Code of ethics. The code of ethics of the American Bar Association shall be the standard of ethics for the members of the bar of this state. [1921 c 126 § 15; RRS § 139-15. Prior: 1917 c 115 § 20.] Rules of court: See Code of Professional Responsibility, also Code of Judicial Conduct. Reviser’s note: RCW 2.48.190, 2.48.200, 2.48.210, 2.48.220, and 2.48.230 are the only sections of the earlier act relating to the admission, regulation, disbarment, etc., of attorneys which are thought not to be embraced within the general repeal contained in the state bar act of 1933. Chapter 2.50 LEGAL AID Sections 2.50.010 2.50.020 2.50.040 2.50.050 2.50.060 2.50.070 2.50.080 2.50.090 2.50.100 2.50.110 2.50.120 2.50.125 2.50.130 2.50.140 2.50.150 2.50.160 Legal aid defined. Public interest. Declaration of necessity by board of county commissioners. Legal aid bureau defined. Board of governors—Authority. Legal aid county committee created. Supervision. Registration fees and private funds. Limitation of legal aid. Attorneys’ fees. County funds. Cities authorized to appropriate funds. Revocation of declaration of necessity. Washington State Bar Association not restricted. Certain other acts not applicable. Chapter not exclusive—Counties authorized to provide legal aid. 2.50.010 Legal aid defined. Legal aid is the rendition, without compensation, of professional services by an active member of the Washington State Bar Association to or for any indigent person unable to pay a reasonable attorney’s fee determined in accordance with the established code of legal ethics. [1939 c 93 § 1; RRS § 10007-201. Formerly RCW 74.36.010.] (2002 Ed.) 2.48.220 2.50.020 Public interest. The promotion of organized legal aid is hereby declared to be in the public interest. [1939 c 93 § 2; RRS § 10007-202. Formerly RCW 74.36.020.] 2.50.040 Declaration of necessity by board of county commissioners. The board of county commissioners (hereinafter called the county board) is empowered to find by resolution the existence of a necessity in such county for organized legal aid. Such resolution shall specify the amount of county funds thereby to be allocated for and expended in the operation of a legal aid bureau during the period of the fiscal year or the remainder thereof. Within ten days after the passage of such a resolution, the commissioners shall cause a certified copy to be transmitted to the board of governors of the Washington State Bar Association (hereinafter called the bar board). [1939 c 93 § 4; RRS § 10007-204. Formerly RCW 74.36.040.] 2.50.050 Legal aid bureau defined. A legal aid bureau (hereinafter called the bureau), is an agency for the rendition of organized legal aid to indigent persons resident in the county, consisting of one director, who shall be an attorney resident in the county, and who shall be in good standing and active membership in the Washington State Bar Association, together with such professional and other personnel, such office facilities, and other equipment, as may be determined by the bar board and be financed by the county board. [1939 c 93 § 5; RRS § 10007-205. Formerly RCW 74.36.050.] 2.50.060 Board of governors—Authority. Upon receipt of a certified copy of such resolution the bar board is empowered and, within sixty days thereafter, is obligated to create and continue a legal aid bureau as soon and as long as the necessary funds so allocated are made available by the county board, all expenditures for the bureau to be limited to county funds so supplied, except only as hereinafter authorized. The bar board is vested with the ultimate power to control by its rules and regulations such bureau, the immediate supervision of which in actual operation shall be by the bar board itself or by a committee of its selection. [1939 c 93 § 6; RRS § 10007-206. Formerly RCW 74.36.060.] 2.50.070 Legal aid county committee created. The legal aid county committee (hereinafter called the committee), if created and continued by resolution of the bar board, shall consist of three members chosen by the bar board as follows: a member of the bar board, who shall be chairman, a judge of the superior court of the county, and an active member of the Washington State Bar Association, resident in the county. [1939 c 93 § 7; RRS § 10007-207. Formerly RCW 74.36.070.] 2.50.080 Supervision. Among the powers to supervise the actual operation of any such bureau, which shall be exercised either by the bar board itself or in its discretion by the committee, are the following: [Title 2 RCW—page 47] 2.50.080 Title 2 RCW: Courts of Record (1) To appoint and remove at will the director and to fix the amount of his salary not in excess of two hundred dollars per month; (2) To engage and discharge all other employees of the bureau and to fix their salaries or remuneration; (3) To assist the director in supplying the free services of attorneys for the bureau; (4) To cooperate with the dean of any law school now or hereafter established within this state respecting the participation of law students in the rendition of services by the bureau under the guidance of the director—however, by this provision, no law student shall be deemed authorized to represent as an attorney in a court of record any legal aid client; (5) To require of the director periodically written statements of account and written reports upon any and all subjects within the operation of the bureau; (6) To prescribe rules and regulations, always subject to the bar board, for determination of the indigent persons who are entitled to legal aid, for determination of the kinds of legal problems and cases subject to legal aid, and for determination of all operative legal aid policies not inconsistent with this chapter; (7) To advise the county board, for its budget upon its written request, as to the estimated amount of county funds reasonably required to effectively operate the bureau for the ensuing fiscal year; (8) To receive county funds allocated by the county board for the bureau, and to render an account thereof at the times and in the manner reasonably required by the county board; (9) To disburse such county funds, after receipt thereof, solely for the purposes contemplated by this chapter. [1939 c 93 § 8; RRS § 10007-208. Formerly RCW 74.36.080.] 2.50.090 Registration fees and private funds. For the purpose of promoting organized legal aid, the bar board is empowered to receive and disburse, at its discretion, a nominal registration fee (not in excess of fifty cents), which it may require of legal aid applicants, and also donations in any sum of private funds. [1939 c 93 § 9; RRS § 10007-209. Formerly RCW 74.36.090.] 2.50.100 Limitation of legal aid. No legal aid shall be rendered by or through any bureau as to any matter which, in the opinion of the director or the committee is not a proper subject of legal aid. No legal aid shall be given concerning matters relating to claims or litigation commonly handled on a contingent fee basis, nor to the defense of criminal charges in court. [1939 c 93 § 10; RRS § 10007-210. Formerly RCW 74.36.100.] 2.50.110 Attorneys’ fees. No attorney’s fee shall be charged to or received from any legal aid client as to any legal aid matter handled by or through the bureau. All attorneys’ fees and court costs collected from any third party by the bureau in the name of any legal aid client shall become a part of the bureau’s operation funds. [1939 c 93 § 11; RRS § 10007-211. Formerly RCW 74.36.110.] [Title 2 RCW—page 48] 2.50.120 County funds. The county board in its discretion shall allocate funds for the purposes of the bureau from county funds available for public assistance and relief received from the levy of three mills as provided in section 17, chapter 180, Laws of 1937. [1939 c 93 § 12; RRS § 10007-212. Formerly RCW 74.36.120.] Reviser’s note: 1937 c 180 § 17 was repealed by 1939 c 216 § 35. 2.50.125 Cities authorized to appropriate funds. A city of any class or any code city may appropriate funds in any amount for the purposes of this chapter. [1974 ex.s. c 5 § 1.] 2.50.130 Revocation of declaration of necessity. The county board is empowered to find by resolution the nonexistence of a necessity in such county for organized legal aid. Within ten days after the passage of such a resolution the county board shall cause a certified copy to be transmitted to the bar board. Upon receipt of a certified copy of such resolution the bar board is empowered and, within sixty days thereafter, is obligated to discontinue the legal aid bureau— unless it is subsequently maintained in the discretion of the bar board and financed by funds other than county funds. Nothing in this chapter shall prevent a county board from adopting successive resolutions declaring the existence or nonexistence of a necessity for organized legal aid, but no bureau actually created as a result of such a resolution shall be discontinued by a resolution of revocation within sixty days thereafter. [1939 c 93 § 13; RRS § 10007-213. Formerly RCW 74.36.130.] 2.50.140 Washington State Bar Association not restricted. No county funds shall be expended for legal aid except in accordance with this chapter, but nothing in this chapter shall limit the powers of the Washington State Bar Association, or its board of governors, to promote or render legal aid independent of county financial support. [1939 c 93 § 14; RRS § 10007-214. Formerly RCW 74.36.140.] 2.50.150 Certain other acts not applicable. The provisions of section 6 of chapter 180 of the Laws of 1937 shall not be applicable to a bureau or a committee as authorized by this chapter, or to the bar board or the Washington State Bar Association. [1939 c 93 § 15; RRS § 10007-215. Formerly RCW 74.36.150.] Reviser’s note: 1937 c 180 § 6 was repealed by 1939 c 216 § 35. 2.50.160 Chapter not exclusive—Counties authorized to provide legal aid. The provisions of this chapter are not exclusive. Nothing in this chapter shall be construed as placing a limitation on the establishment of alternative methods or systems for providing legal aid. Counties are hereby authorized to expend county funds for the establishment of such methods or systems of providing legal aid as shall be deemed in the public interest by the county legislative body. [1972 ex.s. c 109 § 1.] (2002 Ed.) Administrator for the Courts Chapter 2.56 ADMINISTRATOR FOR THE COURTS Sections 2.56.010 2.56.020 2.56.030 2.56.031 2.56.040 2.56.050 2.56.060 2.56.070 2.56.080 2.56.090 2.56.100 2.56.110 2.56.120 2.56.130 2.56.140 2.56.150 2.56.160 2.56.170 2.56.180 Office created—Appointment, term, age qualification, salary. Appointment, compensation of assistants—Administrator, assistants not to practice law. Powers and duties. Juvenile offender information—Plan. Distribution of work of courts—Duty of judges to comply with chief justice’s direction—Salary withheld. Judges, clerks, other officers, to comply with requests of administrator. Annual conference of judges—Judge’s expenses. Holding court in another county—Reimbursement for expenses. Chapter applies to supreme and superior courts, court of appeals, and courts of limited jurisdiction. Disbursement of appropriated funds. Penalty assessment in addition to penalty resulting from hearing under RCW 46.63.090 or 46.63.100—Paid into judiciary education account—Account created, purposes. Driving while under the influence of intoxicating liquor or any drug—Enhanced enforcement of related laws— Assignment of visiting district judges—Powers, expenses. Judicial impact notes—Establishment of procedure— Legislator may request—Copies to be filed. Juvenile laws and court processes and procedures— Informational materials. Disposition of school attendance violation petitions—Report. Review of mandatory use of court-appointed special advocates as guardians ad litem, certification of guardians ad litem. Processing of warrants pilot program. Judge pro tempore appointments. Family law handbook. 2.56.010 Office created—Appointment, term, age qualification, salary. There shall be a state office to be known as the office of administrator for the courts who shall be appointed by the supreme court of this state from a list of five persons submitted by the governor of the state of Washington, and shall hold office at the pleasure of the appointing power. He shall not be over the age of sixty years at the time of his appointment. He shall receive a salary to be fixed by the supreme court. [1984 c 20 § 1; 1979 ex.s. c 255 § 7; 1974 ex.s. c 156 § 1; 1969 c 93 § 1; 1957 c 259 § 1.] Effective date—1979 ex.s. c 255: See note following RCW 43.03.010. 2.56.020 Appointment, compensation of assistants— Administrator, assistants not to practice law. The administrator for the courts, with the approval of the chief justice of the supreme court of this state, shall appoint and fix the compensation of such assistants as are necessary to enable him to perform the power and duties vested in him. During his term of office or employment, neither the administrator nor any assistant shall engage directly or indirectly in the practice of law in this state. [1957 c 259 § 2.] 2.56.030 Powers and duties. The administrator for the courts shall, under the supervision and direction of the chief justice: (2002 Ed.) Chapter 2.56 (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; [Title 2 RCW—page 49] 2.56.030 Title 2 RCW: Courts of Record (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. [2002 c 49 § 2; 1997 c 41 § 2; 1996 c 249 § 2; 1994 c 240 § 1; 1993 c 415 § 3; 1992 c 205 § 115; 1989 c 95 § 2. Prior: 1988 c 234 § 2; 1988 c 109 § 23; 1987 c 363 § 6; 1981 c 132 § 1; 1957 c 259 § 3.] Declaration—2002 c 49: See note following RCW 2.56.180. Intent—1996 c 249: "It is the intent of this act to make improvements to the guardian and guardian ad litem systems currently in place for the protection of minors and incapacitated persons." [1996 c 249 § 1.] Intent—1993 c 415: See note following RCW 2.56.031. Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010. Construction—Severability—1989 c 95: See notes following RCW 9A.36.080. Legislative findings—1988 c 234: "The legislature recognizes the need for appropriate training of juvenile court judges, attorneys, court personnel, and service providers in the dependency system and at-risk youth systems." [1988 c 234 § 1.] Effective date—1988 c 109: See note following RCW 2.10.030. Ethnic and cultural diversity—Development of curriculum for understanding—Training: RCW 43.101.280. 2.56.031 Juvenile offender information—Plan. The administrator for the courts shall develop a plan to improve the collection and reporting of information on juvenile offenders by all juvenile courts in the state. The information related to juvenile offenders shall include, but is not limited [Title 2 RCW—page 50] to, social, demographic, education, and economic data on juvenile offenders and where possible, their families. Development and implementation of the plan shall be accomplished in consultation with the human rights commission, the governor’s juvenile justice advisory committee, superior court judges, juvenile justice administrators, and interested juvenile justice practitioners and researchers. The plan shall include a schedule and budget for implementation and shall be provided to the office of financial management by September 15, 1993. [1993 c 415 § 2.] Intent—1993 c 415: "Pursuant to the work of the juvenile justice task force created by the 1991 legislature to undertake a study of Washington state’s juvenile justice system, the department of social and health services and the commission on African-American affairs commissioned an independent study of racial disproportionality in the state’s juvenile justice system. The study team, which documented evidence of disparity in the treatment of juvenile offenders of color throughout the system, provided recommendations to the legislature on December 15, 1992. The study recommends cultural diversity training for juvenile court and law enforcement personnel, expanded data collection on juvenile offenders throughout the system, development of uniform prosecutorial standards for juvenile offenders, changes to the consolidated juvenile services program and funding formula, dissemination of information to families and communities regarding juvenile court procedures, and examination of juvenile disposition standards for racial and/or ethnic bias. It is the intent of the legislature to implement the recommendations of this study in an effort to discourage differential treatment of youth of color and their families who come in contact with the juvenile courts in this state, and to promote racial and ethnic sensitivity and awareness throughout the juvenile court system." [1993 c 415 § 1.] 2.56.040 Distribution of work of courts—Duty of judges to comply with chief justice’s direction—Salary withheld. The chief justice shall consider all recommendations of the administrator for the assignment of judges, and, in his discretion, direct any judge whose calendar, in the judgment of the chief justice, will permit, to hold court in any county or district where need therefor exists, to the end that the courts of this state shall function with maximum efficiency, and that the work of other courts shall be equitably distributed. It shall be the duty of every judge to obey such direction of the chief justice unless excused by him for sufficient cause. No salary warrant shall be issued pursuant to RCW 2.08.100 until the judge who is to receive the same shall have made an affidavit, in the manner provided by law, that he has fully complied with the provisions of RCW 2.56.040 and 2.56.050. Said affidavit may be made a part of the affidavit required by RCW 2.08.100. [1957 c 259 § 4.] Visiting judge: RCW 2.08.140 through 2.08.170, 2.08.200. 2.56.050 Judges, clerks, other officers, to comply with requests of administrator. The judges and clerks of the courts and all other officers, state and local, shall comply with all requests made by the administrator, after approval by the chief justice, for information and statistical data bearing on the state of the dockets of such courts and such other information as may reflect the business transacted by them and the expenditure of public moneys for the maintenance and operation of the judicial system. [1957 c 259 § 5.] 2.56.060 Annual conference of judges—Judge’s expenses. The supreme court of this state may provide by (2002 Ed.) Administrator for the Courts rule or special order for the holding in this state of an annual conference of the judges of the courts of record of this state, judges of the courts of limited jurisdiction, and invited members of the bar, for the consideration of matters relating to judicial business, the improvement of the judicial system and the administration of justice. Each judge attending such annual judicial conference shall be entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, to be paid from state appropriations made for the purposes of this chapter. [1981 c 331 § 15; 1975-’76 2nd ex.s. c 34 § 6; 1957 c 259 § 6.] Court Congestion Reduction Act of 1981—Purpose— Severability—1981 c 331: See notes following RCW 2.32.070. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 2.56.070 Holding court in another county— Reimbursement for expenses. For attendance while holding court in another county or district pursuant to the direction of the chief justice, a judge shall be entitled to receive from the county to which he is sent reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060 as now or hereafter amended. [1981 c 186 § 4; 1957 c 259 § 7.] 2.56.080 Chapter applies to supreme and superior courts, court of appeals, and courts of limited jurisdiction. This chapter shall apply to the following courts: The supreme court, the court of appeals, the superior courts; and, when and to the extent so ordered by the supreme court, to the courts of limited jurisdiction of this state, including district courts. [1987 c 202 § 108; 1971 c 81 § 14; 1957 c 259 § 8.] Intent—1987 c 202: See note following RCW 2.04.190. 2.56.090 Disbursement of appropriated funds. Any moneys appropriated for the purposes of this chapter shall be disbursed, upon order of the chief justice, on warrants drawn by the state auditor on the general fund. [1957 c 259 § 9.] 2.56.100 Penalty assessment in addition to penalty resulting from hearing under RCW 46.63.090 or 46.63.100—Paid into judiciary education account— Account created, purposes. Reviser’s note: RCW 2.56.100 was amended by 1985 c 57 § 1 without reference to its repeal by 1984 c 258 § 339, both effective July 1, 1985. It has been decodified for publication purposes pursuant to RCW 1.12.025. 2.56.110 Driving while under the influence of intoxicating liquor or any drug—Enhanced enforcement of related laws—Assignment of visiting district judges— Powers, expenses. The administrator for the courts may assign one or more district judges from other judicial districts to serve as visiting district judges in a judicial district which the administrator determines is experiencing an increase in case filings as the result of enhanced enforcement of laws related to driving, or being in physical control of, a motor vehicle while under the influence of intoxicating (2002 Ed.) 2.56.060 liquor or any drug. The prosecuting, city, or town attorney of the county, city, or town in which a judicial district lies, or the presiding judge of the judicial district, may request the administrator for the courts to designate the district as an enhanced enforcement district and to make assignments under this section. An assignment shall be for a specified period of time not to exceed thirty days. A visiting district judge has the same powers as a district judge of the district to which he or she is assigned. A visiting district judge shall be reimbursed for expenses under RCW 2.56.070. [1991 c 290 § 1; 1987 c 202 § 109; 1983 c 165 § 31.] Intent—1987 c 202: See note following RCW 2.04.190. Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308. Venue, criminal actions: RCW 3.66.070. 2.56.120 Judicial impact notes—Establishment of procedure—Legislator may request—Copies to be filed. (1) The office of the administrator for the courts, in cooperation with appropriate legislative committees and legislative staff, shall establish a procedure for the provision of judicial impact notes on the effect legislative bills will have on the workload and administration of the courts of this state. The administrator for the courts and the office of financial management shall coordinate the development of judicial impact notes with the preparation of fiscal notes under chapters 43.88A and 43.132 RCW. (2) The administrator for the courts shall provide a judicial impact note on any legislative proposal at the request of any legislator. The note shall be provided to the requesting legislator and copies filed with the appropriate legislative committees in accordance with subsection (3) of this section when the proposed legislation is introduced in either house. (3) When a judicial impact note is prepared and approved by the administrator for the courts, copies of the note shall be filed with: (a) The chairperson of the committee to which the bill was referred upon introduction in the house of origin; (b) The senate committee on ways and means; (c) The house of representatives committee on ways and means; (d) The senate judiciary committee; (e) The house of representatives judiciary committee; and (f) The office of financial management. (4) This section shall not prevent either house of the legislature from acting on any bill before it as otherwise provided by the state Constitution, by law, and by the rules and joint rules of the senate and house of representatives, nor shall the lack of any judicial impact note as provided in this section or any error in the accuracy thereof affect the validity of any measure otherwise duly passed by the legislature. [1986 c 158 § 1; 1984 c 258 § 604.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 2.56.130 Juvenile laws and court processes and procedures—Informational materials. The administrator for the courts shall, in cooperation with juvenile courts, develop informational materials describing juvenile laws and juvenile court processes and procedures related to such laws, [Title 2 RCW—page 51] 2.56.130 Title 2 RCW: Courts of Record and make such information available to the public. Similar information shall also be made available for the non-English speaking youth and their families. [1993 c 415 § 5.] the governor and to the legislature no later than December 1, 1996." [1996 c 249 § 4.] Intent—1996 c 249: See note following RCW 2.56.030. Intent—1993 c 415: See note following RCW 2.56.031. 2.56.140 Disposition of school attendance violation petitions—Report. The administrator for the courts shall prepare a report for each school year to be submitted to the legislature no later than December 15th of each year that summarizes the disposition of petitions filed with the juvenile court under RCW 28A.225.030, including the number of contempt orders issued to enforce a court’s order under RCW 28A.225.030. [1996 c 134 § 8.] 2.56.150 Review of mandatory use of court-appointed special advocates as guardians ad litem, certification of guardians ad litem. (1) The administrator for the courts shall review the advisability and feasibility of the statewide mandatory use of court-appointed special advocates as described in RCW 26.12.175 to act as guardians ad litem in appropriate cases under Titles 13 and 26 RCW. The review must explore the feasibility of obtaining various sources of private and public funding to implement statewide mandatory use of court-appointed special advocates, such as grants and donations, instead of or in combination with raising court fees or assessments. (2) The administrator shall also conduct a study on the feasibility and desirability of requiring all persons who act as guardians ad litem under Titles 11, 13, and 26 RCW to be certified as qualified guardians ad litem prior to their eligibility for appointment. (3) In conducting the review and study the administrator shall consult with: (a) The presidents or directors of all public benefit nonprofit corporations that are eligible to receive state funds under RCW 43.330.135; (b) the attorney general, or a designee; (c) the secretary of the department of social and health services, or a designee; (d) the superior court judges association; (e) the Washington state bar association; (f) public defenders who represent children under Title 13 or 26 RCW; (g) private attorneys who represent parents under Title 13 or 26 RCW; (h) professionals who evaluate families for the purposes of determining the custody or placement decisions of children; (i) the office of financial management; (j) persons who act as volunteer or compensated guardians ad litem; and (k) parents who have dealt with guardians ad litem in court cases. For the purposes of studying the feasibility of a certification requirement for guardians ad litem acting under Title 11 RCW the administrator shall consult with the advisory group formed under RCW 11.88.090. (4) The office of the administrator for the courts shall also conduct a review of problems and concerns about the role of guardians ad litem in actions under Titles 11, 13, and 26 RCW and recommend alternatives to strengthen judicial oversight of guardians ad litem and ensure fairness and impartiality of the process. The office of the administrator for the courts must accept and obtain comments from parties designated in subsection (3) of this section. [1996 c 249 § 3.] Presentation of review and study—Time limit—1996 c 249: "The review and study required under section 3 of this act shall be presented to [Title 2 RCW—page 52] 2.56.160 Processing of warrants pilot program. The administrator for the courts shall establish a pilot program for the efficient statewide processing of warrants issued by courts of limited jurisdiction. The pilot program shall contain procedures and criteria for courts of limited jurisdiction to enter into agreements with other courts of limited jurisdiction throughout the state to process each other’s warrants when the defendant is within the processing court’s jurisdiction. The administrator for the courts shall establish a formula for allocating between the court processing the warrant and the court that issued the warrant any moneys collected and costs associated with the processing of warrants. [2000 c 111 § 1.] Report to legislature—2000 c 111: "The program established by the office of the administrator for the courts pursuant to RCW 2.56.160 shall by June 1, 2003, report to the legislature on the effectiveness and costs of the pilot program. Copies of the report shall be distributed to the house of representatives judiciary committee and the senate judiciary committee." [2000 c 111 § 8.] 2.56.170 Judge pro tempore appointments. A judge pro tempore may be authorized under RCW 2.06.150 or 2.08.180 whenever a judge of the court of appeals or the superior court serves on a judicial commission, board, or committee established by the legislature or the chief justice of the supreme court. The judge pro tempore shall be compensated as specified in RCW 2.06.160 or 2.08.180. [2000 c 165 § 1.] 2.56.180 Family law handbook. (1) The administrator for the courts will create a handbook explaining the sections of Washington law pertaining to the rights and responsibilities of marital partners to each other and to any children during a marriage and a dissolution of marriage. The handbook may also be provided in videotape or other electronic form. (2) The handbook created under subsection (1) of this section will be provided by the county auditor when an individual files a marriage certificate under RCW 26.04.090. (3) The information contained in the handbook created under subsection (1) of this section will be reviewed and updated annually. The handbook must contain the following information: (a) Information on prenuptial agreements as contracts and as a means of structuring financial arrangements and other aspects of the marital relationship; (b) Information on shared parental responsibility for children, including establishing a residential schedule for the child in the event of the dissolution of the marriage; (c) Information on notice requirements and standards for parental relocation; (d) Information on child support for minor children; (e) Information on property rights, including equitable distribution of assets and premarital and postmarital property rights; (f) Information on spousal maintenance; (g) Information on domestic violence, child abuse, and neglect, including penalties; (2002 Ed.) Administrator for the Courts (h) Information on the court process for dissolution; (i) Information on the effects of dissolution on children; (j) Information on community resources that are available to separating or divorcing persons and their children. [2002 c 49 § 3.] Declaration—2002 c 49: "The legislature declares that: (1) Strong marital relationships result in stronger families, children, and ultimately, stronger communities and place less of a fiscal burden on the state; and (2) The state has a compelling interest in providing couples, applying for a marriage license, information with regard to marriage and, if contemplated, the effects of divorce." [2002 c 49 § 1.] Chapter 2.60 FEDERAL COURT LOCAL LAW CERTIFICATE PROCEDURE ACT Sections 2.60.010 2.60.020 2.60.030 2.60.900 Definitions. Federal court certification of local law question. Practice and procedure. Short title. 2.60.010 Definitions. As used in this chapter: (1) The term "certificate procedure" shall mean the procedure authorized herein by which a federal court in disposing of a cause pending before it submits a question of local law to the supreme court for answer; (2) The term "federal court" means any court of the United States of America including the supreme court of the United States, courts of appeal, district courts and any other court created by act of congress; (3) The term "supreme court" shall mean supreme court of Washington; (4) The term "record" shall mean: (a) A stipulation of facts approved by the federal court showing the nature of the case and the circumstances out of which the question of law arises or such part of the pleadings, proceedings and testimony in the cause pending before the federal court as in its opinion is necessary to enable the supreme court to answer the question submitted; (b) a statement of the question of local law certified for answer. The record shall contain a certificate under the official seal of the court, signed by the chief judge of a multi-judge federal court or judge of the district court utilizing certificate procedure stating that the record contains all matters in the pending cause deemed material for consideration of the local law question certified for answer; (5) The term "supplemental record" shall mean the original or copies of any other portion of the proceedings, pleadings and testimony before the federal court deemed desirable by the supreme court in the determination of the local law question certified for answer. The supplemental record shall contain a certificate under the official seal of the court signed by the chief judge of such multi-judge federal court or judge of the district court, certifying that the supplemental record contains all additional matters requested; (6) The term "opinion" shall mean the written opinion of the supreme court of Washington and shall include the certificate of the clerk of such court under seal of court stating that the opinion is in answer to the local law question submitted. [1965 c 99 § 1.] (2002 Ed.) 2.56.180 2.60.020 Federal court certification of local law question. When in the opinion of any federal court before whom a proceeding is pending, it is necessary to ascertain the local law of this state in order to dispose of such proceeding and the local law has not been clearly determined, such federal court may certify to the supreme court for answer the question of local law involved and the supreme court shall render its opinion in answer thereto. [1965 c 99 § 2.] 2.60.030 Practice and procedure. Certificate procedure shall be governed by the following provisions: (1) Certificate procedure may be invoked by a federal court upon its own motion or upon the motion of any interested party in the litigation involved if the federal court grants such motion. (2) Certificate procedure shall include and be based upon the record and may include a supplemental record. (3) Certificate procedure costs shall be equally divided between plaintiff and defendant, subject to reallocation as between or among the parties by the federal court involved. (4) The appellant or moving party in the federal court shall file and serve upon its adversary its brief on the question certified within thirty days after the filing of the record in the supreme court. The appellee or responding party in the federal court shall file and serve upon its adversary its brief within twenty days after receipt of appellant’s or moving party’s brief and a reply brief shall be filed within ten days. Time for filing record, supplemental record or briefs may be extended for cause. (5) Oral argument as in other causes on the merits may be had upon request of the supreme court or upon application of any interested party in the certificate procedure. (6) The supreme court shall forward to the federal court utilizing certificate procedure its opinion answering the local law question submitted. (7) The supreme court may adopt rules of practice and procedure to implement or otherwise facilitate utilization of certificate procedure. [1965 c 99 § 3.] 2.60.900 Short title. This act may be cited as the "federal court local law certificate procedure act." [1965 c 99 § 4.] Chapter 2.64 COMMISSION ON JUDICIAL CONDUCT Sections 2.64.010 2.64.020 2.64.030 2.64.040 2.64.050 2.64.055 2.64.057 2.64.060 2.64.070 2.64.080 2.64.092 2.64.094 Definitions—Application. Membership—Terms. Disqualification—Vacancies—Limitations on terms— Alternates—Removal. Compensation and travel expenses. Employment of personnel—Expenditures authorized. Disciplinary actions authorized. Investigation of conduct occurring prior to, on, or after December 4, 1980. Administration of oaths—Powers as to witnesses, papers, books, etc.—Subpoenas. Refusal to obey subpoena—Powers of superior court. Privilege from suit. Administrative procedure act not applicable. Suspension of judge or justice. [Title 2 RCW—page 53] Chapter 2.64 2.64.096 2.64.100 2.64.111 2.64.113 2.64.115 2.64.120 2.64.910 Rules of Title 2 RCW: Courts of Record Disclosure of material tending to negate determination. Proposed operating budgets—Reports to legislature. Exemption from public disclosure—Records subject to public disclosure, when. Confidentiality—Violations. Application of open public meetings act—Exemptions. Independent part of judicial branch. Severability—1981 c 268. court: See Discipline Rules for Judges (DRJ). 2.64.010 Definitions—Application. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Admonishment" means a written disposition of an advisory nature that cautions a judge or justice not to engage in certain proscribed behavior. An admonishment may include a requirement that the judge or justice follow a specified corrective course of action. (2) "Censure" means a written action of the commission that requires a judge or justice to appear personally before the commission, and that finds that conduct of the judge or justice violates a rule of judicial conduct, detrimentally affects the integrity of the judiciary, undermines public confidence in the administration of justice, and may or may not require a recommendation to the supreme court that the judge or justice be suspended or removed. A censure shall include a requirement that the judge or justice follow a specified corrective course of action. (3) "Commission" means the commission on judicial conduct provided for in Article IV, section 31 of the state Constitution, which is authorized to recommend to the supreme court, after notice and hearing, the suspension or removal of a judge or justice for violating a rule of judicial conduct, or the retirement of a judge or justice for disability. (4) "Judge or justice" includes justices of the supreme court, judges of the court of appeals, judges of the superior courts, judges of any court organized under Titles 3 or 35 RCW, judges pro tempore, court commissioners, and magistrates. (5) "Removal" means a written recommendation by the commission and a finding by the supreme court that the conduct of a judge or justice is a violation of a rule of judicial conduct and seriously impairs the integrity of the judiciary and substantially undermines the public confidence in the administration of justice to such a degree that the judge or justice should be relieved of all duties of his or her office. (6) "Reprimand" means a written action of the commission that requires a judge or justice to appear personally before the commission, and that finds that the conduct of the judge or justice is a minor violation of the code of judicial conduct and does not require censure or a formal recommendation to the supreme court that the judge or justice be suspended or removed. A reprimand shall include a requirement that the judge or justice follow a specified corrective course of action. (7) "Retirement" means a written recommendation by the commission and a finding by the supreme court that a judge or justice has a disability which is permanent, or likely to become permanent, and that seriously interferes with the performance of judicial duties. (8) "Suspension" means a written recommendation by the commission and a finding by the supreme court that the [Title 2 RCW—page 54] conduct of a judge or justice is a violation of a rule of judicial conduct and seriously impairs the integrity of the judiciary and substantially undermines the public confidence in the administration of justice to such a degree that the judge or justice should be relieved of the duties of his or her office by the court for a specified period of time, as determined by the court. This chapter shall apply to any judge or justice, regardless of whether the judge or justice serves full time or part time, and regardless of whether the judge or justice is admitted to practice law in this state. [1989 c 367 § 1; 1987 c 186 § 1; 1981 c 268 § 2.] Contingent effective date—1989 c 367: "This act shall take effect upon the effective date of an amendment to Article IV, section 31 of the state Constitution making changes to the commission on judicial conduct. If such amendment is not validly submitted to and approved and ratified by the voters at a general election held in November 1989, this act shall be null and void in its entirety." [1989 c 367 § 12.] Substitute Senate Joint Resolution No. 8202 was approved and ratified by the voters at the November 7, 1989, general election. 2.64.020 Membership—Terms. The commission shall consist of eleven members. One member shall be a judge selected by and from the court of appeals judges; one member shall be a judge selected by and from the superior court judges; one member shall be a judge selected by and from the district court judges; two members shall be selected by the state bar association and be admitted to the practice of law in this state; and six members shall be nonlawyers appointed by the governor. The term of each member of the commission shall be four years. [1989 c 367 § 2; 1987 c 186 § 2; 1981 c 268 § 3.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. Terms of additional members—1987 c 186 § 2: "Notwithstanding RCW 2.64.020, the initial term of one of the members added to the commission on judicial conduct by section 2, chapter 186, Laws of 1987 shall end on June 16, 1990, and the term of the other member shall end on June 16, 1991, as determined by lot." [1987 c 186 § 3.] 2.64.030 Disqualification—Vacancies—Limitations on terms—Alternates—Removal. Commission membership shall terminate if a member ceases to hold the position that qualified him or her for appointment. Vacancies caused by disqualification or resignation shall be filled by the appointing authority for the remainder of the term. No person may serve more than two consecutive four-year terms. A person may be reappointed after a lapse of one year. A member, rather than his or her successor, shall continue to participate in any hearing in progress at the end of his or her term, or when the member ceases to hold the position that qualified him or her for appointment. The appointing authority shall appoint an alternate to serve during a member’s temporary disability, disqualification, or inability to serve. No member may otherwise be removed from the commission before the end of his or her term except upon good cause found by the appointing authority. [1981 c 268 § 4.] 2.64.040 Compensation and travel expenses. Commission members and alternate members shall be compensated in accordance with RCW 43.03.250 and shall (2002 Ed.) Commission on Judicial Conduct be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060. [1984 c 287 § 8; 1981 c 268 § 5.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 2.64.050 Employment of personnel—Expenditures authorized. The commission may employ personnel, including attorneys, and make any other expenditures necessary for the effective performance of its duties and the exercise of its powers. The commission may hire attorneys or others by personal service contract to conduct initial proceedings regarding a complaint against a judge or justice. Commission employees shall be exempt from the civil service law, chapter 41.06 RCW. [1989 c 367 § 3; 1981 c 268 § 6.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. 2.64.055 Disciplinary actions authorized. The commission is authorized to impose the following disciplinary actions, in increasing order of severity: (a) Admonishment; (b) reprimand; or (c) censure. If the conduct of the judge or justice warrants more severe disciplinary action, the commission may recommend to the supreme court the suspension or removal of the judge or justice. [1989 c 367 § 4.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. 2.64.057 Investigation of conduct occurring prior to, on, or after December 4, 1980. The commission is authorized to investigate and consider for probative value any conduct that may have occurred prior to, on, or after December 4, 1980, by a person who was, or is now, a judge or justice when such conduct relates to a complaint filed with the commission against the same judge or justice. [1989 c 367 § 5.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. 2.64.060 Administration of oaths—Powers as to witnesses, papers, books, etc.—Subpoenas. Each member of the commission, and any special master appointed by the commission, may administer oaths. The commission may summon and examine witnesses and compel the production and examination of papers, books, accounts, documents, records, certificates, and other evidence for the determination of any issue before or the discharge of any duty of the commission. The commission shall also issue subpoenas at the request and on behalf of any judge or justice under inquiry. All subpoenas shall be signed by a member of the commission or a special master appointed by the commission. Subpoenas shall be served and witnesses reimbursed in the manner provided in civil cases in superior court. [1981 c 268 § 7.] 2.64.070 Refusal to obey subpoena—Powers of superior court. If a person refuses to obey a subpoena issued by the commission or refuses to answer any proper question during a hearing or proceeding, the superior court of any county in which the hearing or proceeding is conduct(2002 Ed.) 2.64.040 ed or in which the person resides or is found shall have jurisdiction, upon application by the commission, to order the person to appear before the commission, to produce evidence if so ordered, or to give testimony concerning the matter under investigation. Failure to obey the order of the court may be punished as contempt. [1981 c 268 § 8.] 2.64.080 Privilege from suit. Members and employees of the commission, including any lawyers or special masters temporarily employed by the commission, are absolutely privileged from suit in any action, civil or criminal, based upon any disciplinary proceedings or upon other official acts as members or employees of the commission. Statements made to the commission or its investigators or other employees are absolutely privileged in actions for defamation. This absolute privilege does not apply to statements made in any other forum. [1981 c 268 § 9.] 2.64.092 Administrative procedure act not applicable. The adjudicative proceedings, judicial review, and civil enforcement provisions of chapter 34.05 RCW, the administrative procedure act, do not apply to any investigations, initial proceedings, public hearings, or executive sessions involving the discipline or retirement of a judge or justice. [1989 c 367 § 7.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. 2.64.094 Suspension of judge or justice. If the commission adopts a recommendation that a judge or justice be removed, the judge or justice shall be suspended, with salary, from his or her judicial position upon filing of the recommendation with the supreme court and until a final determination is made by the supreme court. [1987 c 186 § 6.] 2.64.096 Disclosure of material tending to negate determination. Whenever the commission determines that there is probable cause to believe that a judge or justice has violated a rule of judicial conduct or that the judge or justice suffers from a disability which is permanent or likely to become permanent and which seriously interferes with the performance of judicial duties, the commission shall disclose to the judge or justice any material or information within the commission’s knowledge which tends to negate the determination of the commission, except as otherwise provided by a protective order. [1989 c 367 § 10.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. 2.64.100 Proposed operating budgets—Reports to legislature. The commission shall prepare and present to the legislature proposed operating budgets for the commission in accordance with the provisions of chapter 43.88 RCW. The commission shall report to the legislature in the manner required by law, with due regard for the confidentiality of proceedings before the commission. [1981 c 268 § 11.] 2.64.111 Exemption from public disclosure— Records subject to public disclosure, when. All pleadings, [Title 2 RCW—page 55] 2.64.111 Title 2 RCW: Courts of Record papers, evidence records, and files of the commission, including complaints and the identity of complainants, compiled or obtained during the course of an investigation or initial proceeding involving the discipline or retirement of a judge or justice, are exempt from the public disclosure requirements of chapter 42.17 RCW during such investigation or initial proceeding. As of the date of a public hearing, all those records of the initial proceeding that were the basis of a finding of probable cause are subject to the public disclosure requirements of chapter 42.17 RCW. [1989 c 367 § 6.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. 2.64.113 Confidentiality—Violations. The commission shall provide by rule for confidentiality of its investigations and initial proceedings in accordance with Article IV, section 31 of the state Constitution. Any person violating a rule on confidentiality is subject to a proceeding for contempt in superior court. [1989 c 367 § 9.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. 2.64.115 Application of open public meetings act— Exemptions. The commission is subject to the open public meetings act, chapter 42.30 RCW. However, investigations, initial proceedings, public hearings, and executive sessions involving the discipline or retirement of a judge or justice are governed by this chapter and Article IV, section 31 of the state Constitution and are exempt from the provisions of chapter 42.30 RCW. [1989 c 367 § 8.] Contingent effective date—1989 c 367: See note following RCW 2.64.010. 2.64.120 Independent part of judicial branch. The commission shall for all purposes be considered an independent part of the judicial branch of government. [1981 c 268 § 13.] 2.64.910 Severability—1981 c 268. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1981 c 268 § 17.] Chapter 2.68 JUDICIAL INFORMATION SYSTEM Sections 2.68.010 2.68.020 2.68.030 2.68.040 2.68.050 Judicial information system committee—Fees. Judicial information system account. Schedule of user fees. Judicial information system account—Increase in fines, penalties, assessments. Electronic access to judicial information. 2.68.010 Judicial information system committee— Fees. The judicial information system committee, as established by court rule, shall determine all matters pertaining to the delivery of services available from the judicial [Title 2 RCW—page 56] information system. The committee may establish a fee schedule for the provision of information services and may enter into contracts with any person, public or private, including the state, its departments, subdivisions, institutions, and agencies. However, no fee may be charged to county or city governmental agencies within the state of Washington using the judicial information system for the business of the courts. [1989 c 364 § 1.] 2.68.020 Judicial information system account. There is created an account in the custody of the state treasurer to be known as the judicial information system account. The office of the administrator for the courts shall maintain and administer the account, in which shall be deposited all moneys received from in-state noncourt users and any out-of-state users of the judicial information system and moneys as specified in RCW 2.68.040 for the purposes of providing judicial information system access to noncourt users and providing an adequate level of automated services to the judiciary. The legislature shall appropriate the funds in the account for the purposes of the judicial information system. The account shall be used for the acquisition of equipment, software, supplies, services, and other costs incidental to the acquisition, development, operation, and administration of information services, telecommunications, systems, software, supplies, and equipment, including the payment of principal and interest on items paid in installments. [1994 c 8 § 1; 1989 c 364 § 2.] 2.68.030 Schedule of user fees. The judicial information system committee shall develop a schedule of user fees for in-state noncourt users and all out-of-state users of the judicial information computer system and charges for judicial information system products and licenses for the purpose of distributing and apportioning the full cost of operation and continued development of the system among the users. The schedule shall generate sufficient revenue to cover the costs relating to (1) the payment of salaries, wages, other costs including, but not limited to the acquisition, operation, and administration of acquired information services, supplies, and equipment; and (2) the development of judicial information system products and services. As used in this section, the term "supplies" shall not be interpreted to delegate or abrogate the state purchasing and material control director’s responsibilities and authority to purchase supplies as provided in chapter 43.19 RCW. [1989 c 364 § 3.] 2.68.040 Judicial information system account— Increase in fines, penalties, assessments. (1) To support the judicial information system account provided for in RCW 2.68.020, the supreme court may provide by rule for an increase in fines, penalties, and assessments, and the increased amount shall be forwarded to the state treasurer for deposit in the account: (a) Pursuant to the authority of *RCW 46.63.110(2), the sum of ten dollars to any penalty collected by a court pursuant to supreme court infraction rules for courts of limited jurisdiction; (b) Pursuant to RCW 3.62.060, a mandatory appearance cost in the initial sum of ten dollars to be assessed on all defendants; and (2002 Ed.) Judicial Information System (c) Pursuant to *RCW 46.63.110(5), a ten-dollar assessment for each account for which a person requests a time payment schedule. (2) Notwithstanding a provision of law or rule to the contrary, the assessments provided for in this section may not be waived or suspended and shall be immediately due and payable upon forfeiture, conviction, deferral of prosecution, or request for time payment, as each shall occur. (3) The supreme court is requested to adjust these assessments for inflation. [1994 c 8 § 2.] *Reviser’s note: RCW 46.63.110 was amended by 2002 c 279 § 15, changing subsection (2) to subsection (3) and subsection (5) to subsection (6). 2.68.050 Electronic access to judicial information. The supreme court, the court of appeals and all superior and district courts, through the judicial information system committee, shall: (1) Continue to plan for and implement processes for making judicial information available electronically; (2) Promote and facilitate electronic access to the public of judicial information and services; (3) Establish technical standards for such services; (4) Consider electronic public access needs when planning new information systems or major upgrades of information systems; (5) Develop processes to determine which judicial information the public most wants and needs; (6) Increase capabilities to receive information electronically from the public and transmit forms, applications and other communications and transactions electronically; (7) Use technologies that allow continuous access twenty-four hours a day, seven days per week, involve little or no cost to access, and are capable of being used by persons without extensive technology ability; and (8) Consider and incorporate wherever possible ease of access to electronic technologies by persons with disabilities. [1996 c 171 § 3.] Captions not law—Effective dates—1996 c 171: See notes following RCW 43.105.250. Chapter 2.70 OFFICE OF PUBLIC DEFENSE 2.68.040 efficient delivery of the indigent appellate services funded by the state of Washington, an office of public defense is established as an independent agency of the judicial branch. [1996 c 221 § 1.] Sunset Act application: See note following chapter digest. 2.70.010 Director—Appointment—Qualifications— Salary. The supreme court shall appoint the director of the office of public defense from a list of three names submitted by the advisory committee created under RCW 2.70.030. Qualifications shall include admission to the practice of law in this state for at least five years, experience in the representation of persons accused of a crime, and proven managerial or supervisory experience. The director shall serve at the pleasure of the supreme court and receive a salary to be fixed by the advisory committee. [1996 c 221 § 2.] Sunset Act application: See note following chapter digest. 2.70.020 Director—Duties—Limitations. The director, under the supervision and direction of the advisory committee, shall: (1) Administer all criminal appellate indigent defense services; (2) Submit a biennial budget for all costs related to state appellate indigent defense; (3) Establish administrative procedures, standards, and guidelines for the program including a cost-efficient system that provides for recovery of costs; (4) Recommend criteria and standards for determining and verifying indigency. In recommending criteria for determining indigency, the director shall compile and review the indigency standards used by other state agencies and shall periodically submit the compilation and report to the legislature on the appropriateness and consistency of such standards; (5) Collect information regarding indigency cases funded by the state and report annually to the legislature and the supreme court; (6) Coordinate with the supreme court and the judges of each division of the court of appeals to determine how attorney services should be provided. The office of public defense shall not provide direct representation of clients. [1996 c 221 § 3.] Sunset Act application: See note following chapter digest. Sections 2.70.005 2.70.010 2.70.020 2.70.030 Intent. Director—Appointment—Qualifications—Salary. Director—Duties—Limitations. Advisory committee—Membership—Duties—Travel and other expenses. 2.70.040 Employees—Civil service exemption. 2.70.050 Transfer to office of appellate indigent defense powers, duties, functions, information, property, appropriations, employees, rules, and pending business— Apportionment—Effect on collective bargaining. Reviser’s note—Sunset Act application: The office of public defense is subject to review, termination, and possible extension under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.389. RCW 2.70.005 through 2.70.050 are scheduled for future repeal under RCW 43.131.390. 2.70.005 Intent. In order to implement the constitutional guarantee of counsel and to ensure the effective and (2002 Ed.) 2.70.030 Advisory committee—Membership— Duties—Travel and other expenses. (1) There is created an advisory committee consisting of the following members: (a) Three persons appointed by the chief justice of the supreme court, including the chair of the appellate indigent defense commission identified in subsection (3) of this section; (b) Two nonattorneys appointed by the governor; (c) Two senators, one from each of the two largest caucuses, appointed by the president of the senate; and two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives; (d) One person appointed by the court of appeals executive committee; [Title 2 RCW—page 57] 2.70.030 Title 2 RCW: Courts of Record (e) One person appointed by the Washington state bar association. (2) During the term of his or her appointment, no appointee may: (a) Provide indigent defense services except on a pro bono basis; (b) serve as an appellate judge or an appellate court employee; or (c) serve as a prosecutor or prosecutor employee. (3) The initial advisory committee shall be comprised of the current members of the appellate indigent defense commission, as established by Supreme Court Order No. 25700-B, dated March 9, 1995, plus two additional legislator members appointed under subsection (1)(c) of this section. Members shall serve until the termination of their current terms, and may be reappointed. The two additional legislator members, who are not on the appellate indigent defense commission, shall each serve three-year terms. Members of the advisory committee shall receive no compensation for their services as members of the commission, but may be reimbursed for travel and other expenses in accordance with rules adopted by the office of financial management. [1996 c 221 § 4.] Sunset Act application: See note following chapter digest. 2.70.040 Employees—Civil service exemption. All employees of the office of public defense shall be exempt from state civil service under chapter 41.06 RCW. [1996 c 221 § 5.] Sunset Act application: See note following chapter digest. 2.70.050 Transfer to office of appellate indigent defense powers, duties, functions, information, property, appropriations, employees, rules, and pending business— Apportionment—Effect on collective bargaining. (1) All powers, duties, and functions of the supreme court and the office of the administrator for the courts pertaining to appellate indigent defense are transferred to the office of public defense. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the supreme court or the office of the administrator for the courts pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of public defense. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the supreme court or the office of the administrator for the courts in carrying out the powers, functions, and duties transferred shall be made available to the office of public defense. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of public defense. (b) Any appropriations made to the supreme court or the office of the administrator for the courts for carrying out the powers, functions, and duties transferred shall, on June 6, 1996, be transferred and credited to the office of public defense. (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial manage[Title 2 RCW—page 58] ment shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All employees of the supreme court or the office of the administrator for the courts engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of public defense. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of public defense to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. (4) All rules and all pending business before the supreme court or the office of the administrator for the courts pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of public defense. All existing contracts and obligations shall remain in full force and shall be performed by the office of public defense. (5) The transfer of the powers, duties, functions, and personnel of the supreme court or the office of the administrator for the courts shall not affect the validity of any act performed before June 6, 1996. (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law. [1996 c 221 § 6.] Sunset Act application: See note following chapter digest. (2002 Ed.) Title 3 DISTRICT COURTS—COURTS OF LIMITED JURISDICTION Chapters 3.02 Courts of limited jurisdiction. 3.20 Venue. 3.30 District courts. 3.34 District judges. 3.38 District court districts. 3.42 District court commissioners. 3.46 Municipal departments. 3.50 Municipal courts—Alternate provision. 3.54 Clerks and deputy clerks. 3.58 Salaries and expenses. 3.62 Income of court. 3.66 Jurisdiction and venue. 3.70 Magistrates’ association. 3.72 Youth court. 3.74 Miscellaneous. Rules of court: Rules for Courts of Limited Jurisdiction—See Rules of Court, Part V. District courts—Civil procedure: Title 12 RCW. Justice or constable levying demand or promising reward: RCW 9.12.020. Municipal courts, cities over four hundred thousand: Chapter 35.20 RCW. Persons convicted in district court may be placed under supervision of county probation officer: RCW 9.92.060, 9.95.210. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Small claims department: Chapter 12.40 RCW. Chapter 3.02 COURTS OF LIMITED JURISDICTION Sections 3.02.010 3.02.020 3.02.030 3.02.040 3.02.045 3.02.050 3.02.060 Court of limited jurisdiction defined. Review of proceedings. Record of proceedings. Electronic recording equipment. Use of collection agencies and attorneys to collect unpaid amounts—Interest to agency authorized—Credit or debit card use—Assessment of amounts paid for collection as court costs. Discovery rules in civil cases. Judge pro tempore appointments. 3.02.010 Court of limited jurisdiction defined. For purposes of this chapter, a court of limited jurisdiction is any court organized under Titles 3, 35, or 35A RCW. [1980 c 162 § 1.] Effective dates, savings—1980 c 162: "Sections 1 through 4 of this 1980 act shall take effect on January 1, 1981, and shall apply to civil or criminal actions commenced on or after January 1, 1981. Sections 8 and 9 of this 1980 act shall take effect on May 1, 1980." [1980 c 162 § 13.] Severability—1980 c 162: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 162 § 12.] (2002 Ed.) 3.02.020 Review of proceedings. Review of the proceedings in a court of limited jurisdiction shall be by the superior court, the procedure for which may be established by supreme court rule. [1980 c 162 § 2.] Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010. 3.02.030 Record of proceedings. The supreme court may, by court rule, establish a method of making a record of the proceedings of a court of limited jurisdiction for purposes of review. [1980 c 162 § 3.] Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010. 3.02.040 Electronic recording equipment. The administrator for the courts shall supervise the selection, installation, and operation of any electronic recording equipment in courts of limited jurisdiction. [1980 c 162 § 4.] Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010. 3.02.045 Use of collection agencies and attorneys to collect unpaid amounts—Interest to agency authorized— Credit or debit card use—Assessment of amounts paid for collection as court costs. (1) Courts of limited jurisdiction may use collection agencies under chapter 19.16 RCW for purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the courts. Courts of limited jurisdiction may enter into agreements with one or more attorneys or collection agencies for collection of outstanding penalties, fines, costs, assessments, and forfeitures. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate. Such agreements may authorize collection agencies to retain all or any portion of the interest collected on these accounts. (2) Courts of limited jurisdiction may use credit cards or debit cards for purposes of billing and collecting unpaid penalties, fines, costs, assessments, and forfeitures so imposed. Courts of limited jurisdiction may enter into agreements with one or more financial institutions for the purpose of the collection of penalties, fines, costs, assessments, and forfeitures. The agreements may specify conditions, remuneration for services, and other charges deemed appropriate. (3) Servicing of delinquencies by collection agencies or by collecting attorneys in which the court retains control of its delinquencies shall not constitute assignment of debt. [Title 3 RCW—page 1] 3.02.045 Title 3 RCW: District Courts—Courts of Limited Jurisdiction (4) For purposes of this section, the term debt shall include penalties, fines, costs, assessments, or forfeitures imposed by the courts. (5) The court may assess as court costs the moneys paid for remuneration for services or charges paid to collecting attorneys, to collection agencies, or, in the case of credit cards, to financial institutions. [1995 c 291 § 1; 1995 c 38 § 1; 1994 c 301 § 1; 1987 c 266 § 1.] Reviser’s note: This section was amended by 1995 c 38 § 1 and by 1995 c 291 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Acts of municipal officers ratified and confirmed—1995 c 38: "Acts of municipal officers before July 23, 1995, that are consistent with its terms, including, but not limited to, acts consistent with chapter 301, Laws of 1994, are ratified and confirmed." [1995 c 38 § 12.] 3.02.050 Discovery rules in civil cases. By January 1, 1982, the supreme court shall adopt rules providing for discovery in civil cases in the courts of limited jurisdiction. [1981 c 331 § 8.] Court Congestion Reduction Act of 1981—Purpose— Severability—1981 c 331: See notes following RCW 2.32.070. 3.02.060 Judge pro tempore appointments. A judge pro tempore may be authorized under RCW 3.50.090 or 35.20.200 whenever a judge of the municipal court serves on a judicial commission, board, or committee established by the legislature or the chief justice of the supreme court. The judge pro tempore shall be compensated as specified in RCW 3.50.090 or 35.20.200. [2000 c 165 § 2.] Chapter 3.20 VENUE (Formerly: Jurisdiction and venue) Sections 3.20.100 Change of venue—Affidavit of prejudice. District courts, civil procedure: Title 12 RCW. 3.20.100 Change of venue—Affidavit of prejudice. If, previous to the commencement of any trial before a justice of the peace, the defendant, his attorney or agent, shall make and file with the justice an affidavit that the deponent believes that the defendant cannot have an impartial trial before such justice, it shall be the duty of the justice to forthwith transmit all papers and documents belonging to the case to the next nearest justice of the peace in the same county, who is not of kin to either party, sick, absent from the county, or interested in the result of the action, either as counsel or otherwise. The justice to whom such papers and documents are so transmitted shall proceed as if the suit had been instituted before him. Distance, as contemplated by this section, shall mean to be by the nearest traveled route. The costs of such change of venue shall abide the result of the suit. In precincts, and incorporated cities and towns where there are two or more justices of the peace, any one of them shall be considered the next nearest justice of the peace. [1943 c 126 § 1; 1881 p 8 §§ 2, 3; Code 1881 § 1938; 1867 p 88 § 2; Rem. Supp. 1943 § 1774.] [Title 3 RCW—page 2] Chapter 3.30 DISTRICT COURTS Sections 3.30.010 3.30.015 Definitions. Construction of "justices of the peace," "justice courts," "justice of the peace courts." 3.30.020 Application of chapters 3.30 through 3.74 RCW. 3.30.030 Nomenclature for judges and courts. 3.30.040 Sessions. 3.30.050 Departments. 3.30.060 Adjournments. 3.30.070 Records. 3.30.080 Rules. 3.30.090 Violations bureau. Rules of court: See Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). County probation services for persons convicted in district court: RCW 9.92.060, 9.95.210, 36.01.070. 3.30.010 Definitions. As used in this chapter unless the context clearly requires otherwise: "City" means an incorporated city or town. "Department" means an administrative unit of a district court established for the orderly and efficient administration of business and may include, without being limited in scope thereby, a unit or units for determining traffic cases, violations of city ordinances, violations of state law, criminal cases, civil cases, or jury cases. "Population" means the latest population of the judicial district of each county as estimated and certified by the office of financial management. The office of financial management, on or before May 1, 1970 and on or before May 1st each four years thereafter, shall estimate and certify to the county legislative authority the population of each judicial district of each county. [1984 c 258 § 3; 1979 c 151 § 1; 1967 ex.s. c 42 § 1; 1961 c 299 § 1.] Court Improvement Act of 1984—Effective dates—1984 c 258: "(1) Sections 1 through 210, 511, 601 through 808, and 901 of this act shall take effect on July 1, 1984. (2) Sections 501 through 510 and 512 through 524 of this act shall take effect on January 1, 1985. (3) Sections 301 through 405 of this act shall take effect on July 1, 1985." [1984 c 258 § 902.] Court Improvement Act of 1984—Severability—1984 c 258: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 258 § 903.] Short title—1984 c 258: "This act may be known and cited as the court improvement act of 1984." [1984 c 258 § 1.] Savings—1967 ex.s. c 42: "All matters relating to functions transferred under the provisions of this 1967 amendatory act which at the time of transfer have not been completed may be undertaken and completed by the director of the planning and community affairs agency, who is authorized, empowered, and directed to promulgate any and all orders, rules and regulations necessary to accomplish this purpose." [1967 ex.s. c 42 § 4.] The planning and community affairs agency has been redesignated the department of community, trade, and economic development. See RCW 43.330.020. Effective date—1967 ex.s. c 42: "This 1967 amendatory act shall take effect on July 1, 1967." [1967 ex.s. c 42 § 5.] Population determinations, office of financial management: Chapter 43.62 RCW. 3.30.015 Construction of "justices of the peace," "justice courts," "justice of the peace courts." All references to justices of the peace in other titles of the (2002 Ed.) District Courts 3.30.015 Revised Code of Washington shall be construed as meaning district judges. All references to justice courts or justice of the peace courts in other titles of the Revised Code of Washington shall be construed as meaning district courts. [1984 c 258 § 90.] 3.30.060 Adjournments. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the court from sitting at any time. [1961 c 299 § 6.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.30.070 Records. The clerk of each district court shall keep uniform records of each case filed and the proceedings had therein including an accounting for all funds received and disbursed. Financial reporting shall be in such form as may be prescribed by the state auditor. The form of other records may be prescribed by the supreme court. [1995 c 301 § 30; 1971 c 73 § 3; 1961 c 299 § 7.] 3.30.020 Application of chapters 3.30 through 3.74 RCW. The provisions of chapters 3.30 through 3.74 RCW shall apply to each county with a population of two hundred ten thousand or more: PROVIDED, That any city having a population of more than four hundred thousand may by resolution of its legislative body elect to continue to operate a municipal court pursuant to the provisions of chapter 35.20 RCW, as if chapters 3.30 through 3.74 RCW had never been enacted: PROVIDED FURTHER, That if a city elects to continue its municipal court pursuant to this section, the number of district judges allocated to the county in RCW 3.34.010 shall be reduced by two and the number of full time district judges allocated by RCW 3.34.020 to the district in which the city is situated shall also be reduced by two. The provisions of chapters 3.30 through 3.74 RCW may be made applicable to any county with a population of less than two hundred ten thousand upon a majority vote of its county legislative authority. [1991 c 363 § 4; 1987 c 202 § 110; 1961 c 299 § 2.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Intent—1987 c 202: See note following RCW 2.04.190. Municipal courts in cities of over four hundred thousand: Chapter 35.20 RCW. 3.30.030 Nomenclature for judges and courts. The judges of each district court district shall be the justices of the peace of the district elected or appointed as provided in chapters 3.30 through 3.74 RCW. Such courts shall alternately be referred to as district courts and the judges thereof as district judges. [1984 c 258 § 4; 1971 c 73 § 1; 1961 c 299 § 3.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.30.040 Sessions. The district courts shall be open except on nonjudicial days. Sessions of the court shall be held at such places as shall be provided by the district court districting plan. The court shall sit as often as business requires in each city of the district which provides suitable courtroom facilities, to hear causes in which such city is the plaintiff. [1984 c 258 § 5; 1961 c 299 § 4.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.30.050 Departments. Each court may be organized in a manner consistent with the departments created by the districting plan. [1984 c 258 § 6; 1971 c 73 § 2; 1961 c 299 § 5.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. (2002 Ed.) 3.30.080 Rules. The supreme court may adopt rules of procedure for district courts. A district court may adopt local rules of procedure which are not inconsistent with state law or with the rules adopted by the supreme court. The rules for a county with a single district and multiple facilities may include rules to provide where cases shall be filed and where cases shall be heard. If the rules of the supreme court authorized under this section are adopted, all procedural laws in conflict with the rules shall be of no effect. [1989 c 227 § 5; 1984 c 258 § 7; 1961 c 299 § 8.] Intent—1989 c 227: See note following RCW 3.38.070. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.30.090 Violations bureau. A violations bureau may be established by any city or district court having jurisdiction of traffic cases to assist in processing traffic cases. As designated by written order of the court having jurisdiction of traffic cases, specific offenses under city ordinance, county resolution, or state law may be processed by such bureau. Such bureau may be authorized to receive the posting of bail for such specified offenses, and, as authorized by the court order, to accept forfeiture of bail and payment of monetary penalties. The court order shall specify the amount of bail to be posted and shall also specify the circumstances or conditions which will require an appearance before the court. Such bureau, upon accepting the prescribed bail, shall issue a receipt to the alleged violator, which receipt shall bear a legend informing him of the legal consequences of bail forfeiture. The bureau shall transfer daily to the clerk of the proper department of the court all bail posted for offenses where forfeiture is not authorized by the court order, as well as copies of all receipts. All forfeitures or penalties paid to a violations bureau for violations of municipal ordinances shall be placed in the city general fund or such other fund as may be prescribed by ordinance. All forfeitures or penalties paid to a violations bureau for violations of state laws or county resolutions shall be remitted at least monthly to the county treasurer for deposit in the current expense fund. Employees of violations bureaus of a city shall be city employees under any applicable municipal civil service system. [1979 ex.s. c 136 § 15; 1971 c 73 § 4; 1961 c 299 § 9.] Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010. [Title 3 RCW—page 3] Chapter 3.34 Title 3 RCW: District Courts—Courts of Limited Jurisdiction Chapter 3.34 DISTRICT JUDGES Sections 3.34.010 3.34.020 3.34.025 3.34.040 3.34.050 3.34.060 3.34.070 3.34.080 3.34.090 3.34.100 3.34.110 3.34.120 3.34.130 3.34.140 3.34.150 District judges—Number for each county. District judges—Number—Changes. District judge positions—Approval and agreement. District judges—Full time—Other. District judges—Election. District judges—Eligibility and qualifications. District judges—Term of office. Oath—District judges—Court commissioners. Bonds—Insurance as reimbursable expense. District judges—Vacancies—Remuneration. District judges—Disqualification. District judges—Disqualification of partners. District judges pro tempore—Reduction in salary of replaced judges—Exception—Reimbursement of counties. Exchange of district judges—Reimbursement for expenses. Presiding judge. 3.34.010 District judges—Number for each county. The number of district judges to be elected in each county shall be: Adams, two; Asotin, one; Benton, three; Chelan, two; Clallam, two; Clark, five; Columbia, one; Cowlitz, two; Douglas, one; Ferry, one; Franklin, one; Garfield, one; Grant, two; Grays Harbor, two; Island, one; Jefferson, one; King, twenty-six; Kitsap, three; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan, one; Skagit, two; Skamania, one; Snohomish, eight; Spokane, ten; Stevens, one; Thurston, two; Wahkiakum, one; Walla Walla, two; Whatcom, two; Whitman, one; Yakima, four. This number may be increased only as provided in RCW 3.34.020. [2002 c 138 § 1; 1998 c 64 § 1; 1995 c 168 § 1; 1994 c 111 § 1; 1991 c 354 § 1; 1989 c 227 § 6; 1987 c 202 § 111; 1975 1st ex.s. c 153 § 1; 1973 1st ex.s. c 14 § 1; 1971 ex.s. c 147 § 1; 1970 ex.s. c 23 § 1; 1969 ex.s. c 66 § 1; 1965 ex.s. c 110 § 5; 1961 c 299 § 10.] Effective date—1995 c 168: "This is act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 1, 1995]." [1995 c 168 § 2.] Intent—1989 c 227: See note following RCW 3.38.070. Intent—1987 c 202: See note following RCW 2.04.190. 3.34.020 District judges—Number—Changes. (1) Any change in the number of full and part-time district judges after January 1, 1992, shall be determined by the legislature after receiving a recommendation from the supreme court. The supreme court shall make its recommendations to the legislature based on an objective workload analysis that takes into account available judicial resources and the caseload activity of each court. (2) The administrator for the courts, under the supervision of the supreme court, may consult with the board of judicial administration and the district and municipal court judge’s association in developing the procedures and methods of applying the objective workload analysis. (3) For each recommended change from the number of full and part-time district judges in any county as of January 1, 1992, the administrator for the courts, under the supervision of the supreme court, shall complete a judicial impact [Title 3 RCW—page 4] note detailing any local or state cost associated with such recommended change. (4) If the legislature approves an increase in the base number of district judges in any county as of January 1, 1992, such increase in the base number of district judges and all related costs may be paid for by the county from moneys provided under RCW 82.14.310, and any such costs shall be deemed to be expended for criminal justice purposes as provided in *RCW 82.14.315, and such expenses shall not constitute a supplanting of existing funding. (5)(a) A county legislative authority that desires to change the number of full or part-time district judges from the base number on January 1, 1992, must first request the assistance of the supreme court. The administrator for the courts, under the supervision of the supreme court, shall conduct an objective workload analysis and make a recommendation of its findings to the legislature for consideration as provided in this section. (b) The legislative authority of any county may change a part-time district judge position to a full-time position. [2002 c 83 § 1; 1997 c 41 § 3; 1991 c 313 § 2; 1987 c 202 § 112; 1984 c 258 § 8; 1982 c 29 § 1; 1973 1st ex.s. c 14 § 2; 1970 ex.s. c 23 § 2; 1969 ex.s. c 66 § 7; 1961 c 299 § 11.] *Reviser’s note: RCW 82.14.315 expired July 1, 1991. Intent—1987 c 202: See note following RCW 2.04.190. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.34.025 District judge positions—Approval and agreement. Any additional district judge positions created under RCW 3.34.020 shall be effective only if the legislative authority of the affected county documents its approval of any additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial positions as provided by statute. The additional expenses include, but are not limited to, expenses incurred for court facilities. The legislative authority of any such county may, at its discretion, phase in any judicial positions over a period of time not to exceed two years from the effective date of the additional district judge positions. [1991 c 313 § 3.] 3.34.040 District judges—Full time—Other. A district judge serving a district having a population of forty thousand or more persons, and a district judge receiving a salary equal to the maximum salary set by the salary commission under RCW 3.58.020 for district judges shall be deemed full time judges and shall devote all of their time to the office and shall not engage in the practice of law. Other judges shall devote sufficient time to the office to properly fulfill the duties thereof and may engage in other occupations but shall maintain a separate office for private business and shall not use for private business the services of any clerk or secretary paid for by the county or office space or supplies furnished by the judicial district. [1991 c 338 § 2; 1984 c 258 § 10; 1983 c 195 § 1; 1974 ex.s. c 95 § 2; 1971 ex.s. c 147 § 2; 1961 c 299 § 13.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. (2002 Ed.) District Judges 3.34.050 District judges—Election. At the general election in November 1962 and quadrennially thereafter, there shall be elected by the voters of each district court district the number of judges authorized for the district by the district court districting plan. Judges shall be elected for each district and electoral district, if any, by the qualified electors of the district in the same manner as judges of courts of record are elected, except as provided in chapter 29.21 RCW. Not less than ten days before the time for filing declarations of candidacy for the election of judges for districts entitled to more than one judge, the county auditor shall designate each such office of district judge to be filled by a number, commencing with the number one and numbering the remaining offices consecutively. At the time of the filing of the declaration of candidacy, each candidate shall designate by number which one, and only one, of the numbered offices for which he or she is a candidate and the name of the candidate shall appear on the ballot for only the numbered office for which the candidate filed a declaration of candidacy. [1998 c 19 § 2; 1989 c 227 § 3; 1984 c 258 § 11; 1975-’76 2nd ex.s. c 120 § 8; 1961 c 299 § 14.] Intent—1989 c 227: See note following RCW 3.38.070. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Severability—1975-’76 2nd ex.s. c 120: See note following RCW 29.21.010. 3.34.060 District judges—Eligibility and qualifications. To be eligible to file a declaration of candidacy for and to serve as a district court judge, a person must: (1) Be a registered voter of the district court district and electoral district, if any; and (2) Be either: (a) A lawyer admitted to practice law in the state of Washington; or (b) In those districts having a population of less than five thousand persons, a person who has taken and passed by January 1, 2003, the qualifying examination for a lay candidate for judicial officer as provided by rule of the supreme court. [2002 c 136 § 1; 1991 c 361 § 1; 1989 c 227 § 4; 1984 c 258 § 12; 1961 c 299 § 15.] Intent—1989 c 227: See note following RCW 3.38.070. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.34.070 District judges—Term of office. Every district judge shall hold office for a term of four years from and after the second Monday in January next succeeding his or her selection and continuing until a successor is elected and qualified. [1984 c 258 § 13; 1961 c 299 § 16.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.34.080 Oath—District judges—Court commissioners. Each district judge, district judge pro tempore and district court commissioner shall, before entering upon the duties of office, take an oath to support the Constitution of the United States and the Constitution and laws of the state of Washington, and to perform the duties of the office faithfully and impartially and to the best of his or her ability. [1984 c 258 § 14; 1961 c 299 § 17.] (2002 Ed.) 3.34.050 Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.34.090 Bonds—Insurance as reimbursable expense. The county legislative authority shall provide for the bonding of each district judge, district judge pro tempore, district court commissioner, clerk of the district court, and court employee, at the expense of the county, in such amount as the county legislative authority shall prescribe, conditioned that each such person will pay over according to law all moneys which shall come into the person’s custody in causes filed in the district court. Such bond shall not be less than the maximum amount of money liable to be under the control, at any one time, of each such person in the performance of his or her duties. Such bond may be a blanket bond. If the county obtains errors and omissions insurance covering district court personnel, the costs of such coverage shall be a reimbursable expense pursuant to RCW 3.62.050 as now or hereafter amended. [1984 c 258 § 15; 1971 c 73 § 5; 1961 c 299 § 18.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.34.100 District judges—Vacancies— Remuneration. If a district judge dies, resigns, is convicted of a felony, ceases to reside in the district, fails to serve for any reason except temporary disability, or if his or her term of office is terminated in any other manner, the office shall be deemed vacant. The county legislative authority shall fill all vacancies by appointment and the judge thus appointed shall hold office until the next general election and until a successor is elected and qualified. District judges shall be granted sick leave in the same manner as other county employees. A district judge may receive when vacating office remuneration for unused accumulated leave and sick leave at a rate equal to one day’s monetary compensation for each full day of accrued leave and one day’s monetary compensation for each four full days of accrued sick leave, the total remuneration for leave and sick leave not to exceed the equivalent of thirty days’ monetary compensation. [1992 c 76 § 1; 1984 c 258 § 16; 1961 c 299 § 19.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.34.110 District judges—Disqualification. A district judge shall not act as judge in any of the following cases: (1) In an action to which the judge is a party, or in which the judge is directly interested, or in which the judge has been an attorney for a party. (2) When the judge or one of the parties believes that the parties cannot have an impartial trial before the judge. Only one change of judges shall be allowed each party under this subsection. When a judge is disqualified under this section, the case shall be heard before another judge or judge pro tempore of the same county. [1984 c 258 § 17; 1961 c 299 § 20.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.34.120 District judges—Disqualification of partners. The partner and associates of a judge who is a [Title 3 RCW—page 5] 3.34.120 Title 3 RCW: District Courts—Courts of Limited Jurisdiction lawyer shall not practice law before the judge. [1984 c 258 § 18; 1961 c 299 § 21.] 1984 c 258 § 302; 1984 c 258 § 19; 1983 c 195 § 2; 1981 c 331 § 9; 1961 c 299 § 22.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. *Reviser’s note: RCW 3.34.060 was amended by 2002 c 136 § 1, deleting subsection (2)(b). Severability—1986 c 161: See note following RCW 43.03.010. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. Court Congestion Reduction Act of 1981—Purpose— Severability—1981 c 331: See notes following RCW 2.32.070. 3.34.130 District judges pro tempore—Reduction in salary of replaced judges—Exception—Reimbursement of counties. (1) Each district court shall designate one or more persons as judge pro tempore who shall serve during the temporary absence, disqualification, or incapacity of a district judge or to serve as an additional judge for excess caseload or special set cases. The qualifications of a judge pro tempore shall be the same as for a district judge, except that with respect to RCW 3.34.060(1), the person appointed need only be a registered voter of the state. A district that has a population of not more than ten thousand and that has no person available who meets the qualifications under *RCW 3.34.060(2) (a) or (b), may appoint as a pro tempore judge a person who has taken and passed the qualifying examination for the office of district judge as is provided by rule of the supreme court. A judge pro tempore may sit in any district of the county for which he or she is appointed. A judge pro tempore shall be paid the salary authorized by the county legislative authority. (2) For each day that a judge pro tempore serves in excess of thirty days during any calendar year, the annual salary of the district judge in whose place the judge pro tempore serves shall be reduced by an amount equal to onetwo hundred fiftieth of such salary: PROVIDED, That each full time district judge shall have up to fifteen days annual leave without reduction for service on judicial commissions established by the legislature or the chief justice of the supreme court. No reduction in salary shall occur when a judge pro tempore serves: (a) While a district judge is using sick leave granted in accordance with RCW 3.34.100; (b) While a district court judge is disqualified from serving following the filing of an affidavit of prejudice; (c) As an additional judge for excess case load or special set cases; or (d) While a district judge is otherwise involved in administrative, educational, or judicial functions related to the performance of the judge’s duties: PROVIDED, That the appointment of judge pro tempore authorized under subsection (2)(c) and (d) of this section is subject to an appropriation for this purpose by the county legislative authority. (3) The legislature may appropriate money for the purpose of reimbursing counties for the salaries of judges pro tempore for certain days in excess of thirty worked per year that the judge pro tempore was required to work as the result of service by a judge on a commission as authorized under subsection (2) of this section. No later than September 1 of each year, each county treasurer shall certify to the administrator for the courts for the year ending the preceding June 30, the number of days in excess of thirty that any judge pro tempore was required to work as the result of service by a judge on a commission as authorized under subsection (2) of this section. Upon receipt of the certification, the administrator for the courts shall reimburse the county from money appropriated for that purpose. [1996 c 16 § 1; 1994 c 18 § 1; 1993 c 330 § 1; 1986 c 161 § 4; [Title 3 RCW—page 6] 3.34.140 Exchange of district judges— Reimbursement for expenses. Any district judge may hold a session in any district in the state, at the request of the judge or majority of judges in the district if the visiting judge determines that the state of business in his or her district allows the judge to be absent. The county legislative authority in which the district court is located shall first approve the temporary absence and the judge pro tempore shall not be required to serve during the judge’s absence. A visiting judge shall be entitled to reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060 as now or hereafter amended while so acting, to be paid by the visited district. These expenses shall not be paid to the visiting judge unless the legislative authority of the county in which the visited district is located has approved the payment before the visit. [1984 c 258 § 20; 1981 c 186 § 5; 1961 c 299 § 23.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.34.150 Presiding judge. If a district has more than one judge, the supreme court may by rule provide for the manner of selection of one of the judges to serve as presiding judge and prescribe the presiding judge’s duties. If a county has multiple districts or has one district with multiple electoral districts, the supreme court may by rule provide for the manner of selection of one of the judges to serve as presiding judge and prescribe the presiding judge’s duties. [1989 c 227 § 7; 1984 c 258 § 21; 1961 c 299 § 24.] Intent—1989 c 227: See note following RCW 3.38.070. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Chapter 3.38 DISTRICT COURT DISTRICTS Sections 3.38.010 3.38.020 3.38.022 3.38.030 3.38.031 3.38.040 3.38.050 3.38.060 3.38.070 3.38.080 Districting committee—Membership. Districting committee—Duties—Districting plan. Location of offices and courtrooms. Districting plan—Adoption. Districting plan—Transitional provisions. Districting plan—Amendment. District court districts—Standards. Joint district court districts. Separate electoral districts—Establishment. Separate electoral districts—Definition. (2002 Ed.) District Court Districts 3.38.010 3.38.010 Districting committee—Membership. There is established in each county a district court districting committee composed of the following: (1) The judge of the superior court, or, if there be more than one such judge, then one of the judges selected by that court; (2) The prosecuting attorney, or a deputy selected by the prosecuting attorney; (3) A practicing lawyer of the county selected by the president of the largest local bar association, if there be one, and if not, then by the county legislative authority; (4) A judge of a court of limited jurisdiction in the county selected by the president of the Washington state district and municipal court judges’ association; and (5) The mayor, or representative appointed by the mayor, of each city or town with a population of three thousand or more in the county; (6) One person to represent the cities and towns with populations of three thousand or less in the county, if any, to be selected by a majority vote of the mayors of those cities and towns with a population of less than three thousand. However, if there should not be a city in the county with a population of ten thousand or more, the mayor, or the mayor’s representative, of each city or town with a population of less than three thousand shall be a member; (7) The chair of the county legislative authority; and (8) The county auditor. [1995 c 37 § 1. Prior: 1994 c 81 § 1; 1994 c 32 § 2; 1984 c 258 § 22; 1961 c 299 § 25.] shall be located further than two miles outside the boundary of the district which it serves. [1984 c 258 § 24; 1963 c 213 § 1.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.38.020 Districting committee—Duties—Districting plan. The district court districting committee shall meet at the call of the prosecuting attorney to prepare a plan for the districting of the county into one or more district court districts in accordance with the provisions of chapters 3.30 through 3.74 RCW. The plan shall include the following: (1) The boundaries of each district proposed to be established; (2) The number of judges to be elected in each district; (3) The location of the central office, courtrooms and records of each court; (4) The other places in the district, if any, where the court shall sit; (5) The number and location of district court commissioners to be authorized, if any; (6) The departments, if any, into which each district court shall be initially organized, including municipal departments provided for in chapter 3.46 RCW; (7) The name of each district; and (8) The allocation of the time and allocation of salary of each judge who will serve part time in a municipal department. [1984 c 258 § 23; 1965 ex.s. c 110 § 1; 1961 c 299 § 26.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.38.022 Location of offices and courtrooms. The districting plan may provide that the offices and courtrooms of more than one district may be in the same building: PROVIDED, That no office or courtroom of any district (2002 Ed.) Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.38.030 Districting plan—Adoption. Upon receipt of the districting plan, the county legislative authority shall hold a public hearing, pursuant to the provisions of RCW 36.32.120(7), as now or hereafter amended. At the hearing, anyone interested in the plan may attend and be heard as to the convenience which will be afforded to the public by the plan, and as to any other matters pertaining thereto. If the county legislative authority finds that the plan proposed by the districting committee conforms to the standards set forth in chapters 3.30 through 3.74 RCW and is conducive to the best interests and welfare of the county as a whole it may adopt such plan. If the county legislative authority finds that the plan does not conform to the standards as provided in chapters 3.30 through 3.74 RCW, the county legislative authority may modify, revise or amend the plan and adopt such amended or revised plan as the county’s district court districting plan. The plan decided upon shall be adopted by the county legislative authority not later than six months after the county initially obtains a population of two hundred ten thousand or more or the adoption of the elective resolution. [1991 c 363 § 5; 1984 c 258 § 25; 1965 ex.s. c 110 § 2; 1961 c 299 § 27.] 3.38.031 Districting plan—Transitional provisions. As a part of the districting plan, the county legislative authority shall designate a date on which the terms of the district judges of the county shall end. For each judicial position under the districting plan, the county legislative authority shall appoint a person qualified under RCW 3.34.060 who shall take office on the date designated by the county legislative authority and shall serve until the next quadrennial election of district judges as provided in RCW 3.34.050. Pending cases, proceedings, and matters shall be transferred to the appropriate court as provided in RCW 3.74.900. [1984 c 258 § 26; 1965 ex.s. c 110 § 3.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.38.040 Districting plan—Amendment. The districting committee may meet for the purpose of amending the districting plan at any time on call of the county legislative authority, the chairperson of the committee or a majority of its members. Amendments to the plan shall be submitted to the county legislative authority not later than March 15th of each year for adoption by the county legislative authority following the same procedure as with the original districting plan. Amendments shall be adopted not later than May 1st following submission by the districting committee. Any amendment which would reduce the salary or shorten the term of any judge shall not be effective until the next regular election for district judge. All other amendments may be [Title 3 RCW—page 7] 3.38.040 Title 3 RCW: District Courts—Courts of Limited Jurisdiction effective on a date set by the county legislative authority. [1984 c 258 § 27; 1969 ex.s. c 66 § 3; 1961 c 299 § 28.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.38.050 District court districts—Standards. District court districts shall be established in accordance with the following standards: (1) Every part of the county shall be in some district. (2) The whole county may constitute one district. (3) There shall not be more districts than there are judges authorized for the county. (4) A district boundary shall not intersect the boundary of an election precinct. (5) A city shall not lie in more than one district. (6) Whenever a county is divided into more than one district, each district shall be so established as best to serve the convenience of the people of the district, considering the distances which must be traveled by parties and witnesses in going to and from the court and any natural barriers which may obstruct such travel. [1984 c 258 § 28; 1961 c 299 § 29.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.38.060 Joint district court districts. Joint districts may be established containing all or part of two or more counties. The county containing the largest portion of the population of a joint district shall be known as the "principal county" and each joint district shall be deemed to lie within the principal county for the purpose of chapters 3.30 through 3.74 RCW. A joint district may be established by resolution of one county concurred in by a resolution of each other county: PROVIDED, That the county legislative authority of a county containing the largest portion of the population of a city may include the portions of such city lying outside the county in a joint district without concurrence of the other counties. Elections of judges in joint districts shall be conducted and canvassed in the same manner as elections of superior court judges in joint judicial districts. [1984 c 258 § 29; 1961 c 299 § 30.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.38.070 Separate electoral districts— Establishment. A county legislative authority for a county that has a single district but has multiple locations for courtrooms may establish separate electoral districts to provide for election of district court judges by subcounty local districts. In any county containing a city of more than four hundred thousand population, the legislative authority of such a county shall establish such separate electoral districts. The procedures in chapter 3.38 RCW for the establishment of district court districts apply to the establishment of separate electoral districts authorized by this section. [1990 c 257 § 1; 1989 c 227 § 2.] Intent—1989 c 227: "It is the intent of the legislature to continue to provide the option for local election of district court judges where a county district court with multiple courtrooms is unified into a single district court for operational and administrative purposes." [1989 c 227 § 1.] [Title 3 RCW—page 8] 3.38.080 Separate electoral districts—Definition. In any county in which separate electoral districts have been established pursuant to RCW 3.38.070, the term "district" also means "electoral district" for purposes of RCW 3.38.022, 3.38.050, and 3.38.060. [1990 c 257 § 2.] Chapter 3.42 DISTRICT COURT COMMISSIONERS Sections 3.42.010 3.42.020 3.42.030 3.42.040 District court commissioners—Appointment— Qualifications—Term of office. Powers of commissioners. Transfer of cases to district judge. Compensation. 3.42.010 District court commissioners— Appointment—Qualifications—Term of office. When so authorized by the districting plan, one or more district court commissioners may be appointed in any district by the judges of the district. Each commissioner shall be a registered voter of the county in which the district or a portion thereof is located, and shall hold office at the pleasure of the appointing judges. Any person appointed as a commissioner authorized to hear or dispose of cases shall be a lawyer who is admitted to the practice of law in the state of Washington or who has passed the qualifying examination for lay judges as provided under RCW 3.34.060. [1984 c 258 § 30; 1980 c 162 § 7; 1961 c 299 § 31.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Severability—1980 c 162: See note following RCW 3.02.010. District court commissioners bond: RCW 3.34.090. oath: RCW 3.34.080. 3.42.020 Powers of commissioners. Each district court commissioner shall have such power, authority, and jurisdiction in criminal and civil matters as the appointing judges possess and shall prescribe. [1984 c 258 § 31; 1979 ex.s. c 136 § 16; 1961 c 299 § 32.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010. 3.42.030 Transfer of cases to district judge. Any party may have a case transferred from a district court commissioner to a judge of the same district for hearing, by filing a motion for transfer as long as the motion is filed and called to the attention of the commissioner before any discretionary ruling has been made. The following are not considered discretionary rulings: (1) The arrangement of the calendar; (2) the setting of an action, motion, or proceeding for hearing or trial; (3) the arraignment of the accused; or (4) the fixing of bail. The commissioner shall forthwith transfer the case to the judge. [2000 c 164 § 1; 1984 c 258 § 32; 1961 c 299 § 33.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. (2002 Ed.) District Court Commissioners 3.42.040 Compensation. District court commissioners shall receive such compensation as the county legislative authority or city council shall provide. [1984 c 258 § 33; 1969 ex.s. c 66 § 4; 1961 c 299 § 34.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. District court commissioners salary: RCW 3.46.090 and 3.58.030. travel expenses: RCW 3.58.040. Chapter 3.46 MUNICIPAL DEPARTMENTS Sections 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 Municipal department authorized. Judges. Jurisdiction. Petition. Selection of full time judges. Selection of part time judges. Judicial positions—Filling—Circumstances permitted. Judges—Residency requirement. Election. Term and removal. Salary—City cost. Vacancy. Night sessions. Revenue—Disposition—Interest. Facilities. Personnel. Court commissioners. Termination of municipal department—Transfer agreement—Notice. Rules of court: See Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). 3.46.010 Municipal department authorized. Any city may secure the establishment of a municipal department of the district court, to be designated "The Municipal Department of (city)." Such department may also be designated "The Municipal Court of (city)." [1984 c 258 § 72; 1961 c 299 § 35.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.46.020 Judges. Each judge of a municipal department shall be a judge of the district court in which the municipal department is situated. Such judge shall be designated as a municipal judge. [1987 c 3 § 1; 1984 c 258 § 73; 1961 c 299 § 36.] Severability—1987 c 3: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 3 § 21.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.46.030 Jurisdiction. A municipal department shall have exclusive jurisdiction of matters arising from ordinances of the city, and no jurisdiction of other matters except as conferred by statute. A municipal department participating in the program established by the office of the administrator for 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 (2002 Ed.) 3.42.040 court of limited jurisdiction participating in the program. [2000 c 111 § 5; 1985 c 303 § 13; 1961 c 299 § 37.] 3.46.040 Petition. Establishment of a municipal department shall be initiated by a petition from the legislative body of the city to the county legislative authority. Such petition shall be filed not less than thirty days prior to February 1, 1962, or any subsequent year, and shall set forth: (1) The number of full time and part time judges required for the municipal department; (2) the amount of time for which a part time judge will be required for the municipal department; and (3) whether the full time judge or judges will be elected or appointed. In a petition filed subsequent to 1962 provision shall be made for temporary appointment of a municipal judge to fill each elective position until the next election for district judges. The petition shall be forthwith transmitted to the districting committee. The organization of the municipal department shall be incorporated into the districting plan. The districting committee in its plan shall designate the proportion of the salary of each judge serving as a part time municipal judge to be paid by the city, which shall be proportionate to the time of such judge allotted to the municipal department by the districting plan. A city may withdraw its petition any time prior to adoption of the districting plan by the county legislative authority, and thereupon the municipal department pursuant to this chapter shall not be established. [1984 c 258 § 74; 1961 c 299 § 38.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.46.050 Selection of full time judges. Each city may select its full time municipal judge or judges by election, or by appointment in such manner as the city legislative body determines: PROVIDED, That in cities having a population in excess of four hundred thousand, the municipal judges shall be elected. [1975 c 33 § 2; 1961 c 299 § 39.] Severability—1975 c 33: See note following RCW 35.21.780. 3.46.060 Selection of part time judges. In district court districts having more than one judge, appointment of part time municipal judges shall be made from the judges of the district by the mayor in such manner as the city legislative body shall determine. [1984 c 258 § 75; 1961 c 299 § 40.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.46.063 Judicial positions—Filling—Circumstances permitted. Notwithstanding RCW 3.46.050 and 3.46.060, judicial positions may be filled only by election under the following circumstances: (1) Each full-time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time. (2) In any city with one or more full-time equivalent judicial positions, an additional judicial position or positions that is or are in combination more than one-half of a full[Title 3 RCW—page 9] 3.46.063 Title 3 RCW: District Courts—Courts of Limited Jurisdiction time equivalent position shall be filled by election. [1993 c 317 § 3.] Severability—Effective date—1993 c 317: See notes following RCW 3.50.810. 3.46.067 Judges—Residency requirement. A judge of a municipal department of a district court need not be a resident of the city in which the department is created, but must be a resident of the county in which the city is located. [1993 c 317 § 5.] Severability—Effective date—1993 c 317: See notes following RCW 3.50.810. 3.46.070 Election. In each district court district where an election is held for the position of municipal judge, the county auditor, prior to the date for filing declarations for the office of district judge, shall designate the proper number of municipal judge positions, commencing with number one, and if there is more than one municipal judge in any municipal department, one or more positions may, at the request of the legislative body of the city, be further designated as municipal traffic judge positions. Only voters of the city shall vote for municipal judges. [1984 c 258 § 76; 1961 c 299 § 41.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.46.080 Term and removal. A municipal judge shall serve in such capacity for his or her term as district judge and may be removed from so serving in the same manner and for the same reasons as he or she may be removed from the office of district judge. [1984 c 258 § 77; 1961 c 299 § 42.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.46.090 Salary—City cost. The salary of a full time municipal judge shall be paid wholly by the city. The salary of a district judge serving a municipal department part time shall be paid jointly by the county and the city in the same proportion as the time of the judge has been allocated to each. Salaries of court commissioners serving the municipal department shall be paid by the city. [1984 c 258 § 78; 1969 ex.s. c 66 § 5; 1961 c 299 § 43.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.46.100 Vacancy. A vacancy in a position of full time municipal judge shall be filled for the unexpired term by appointment in such manner as the city may determine. In districts having more than one judge, a vacancy in a position of part time municipal judge shall be filled for the unexpired term by appointment in such manner as the city shall determine from the judges of the district, including any judge appointed by the county commissioners to fill an unexpired term. [1984 c 258 § 79; 1961 c 299 § 44.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.46.110 Night sessions. A city may authorize its municipal department to hold night sessions. [1961 c 299 § 45.] 3.46.120 Revenue—Disposition—Interest. (1) All money received by the clerk of a municipal department including penalties, fines, bail forfeitures, fees and costs shall be paid by the clerk to the city treasurer. (2) The city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions, and certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250. (3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law. (4) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status. (5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts. [1995 c 291 § 2; 1988 c 169 § 1; 1985 c 389 § 3; 1984 c 258 § 303; 1975 1st ex.s. c 241 § 4; 1961 c 299 § 46.] Effective date—1985 c 389: See note following RCW 27.24.070. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Legislative intent—1984 c 258 §§ 302-340: "It is the intent of the legislature to assure accountability, uniformity, economy, and efficiency in the collection and distribution by superior, district, and municipal courts of fees, fines, forfeitures, and penalties assessed and collected for violations of state statutes, and county, city, and town ordinances." [1984 c 258 § 301.] 3.46.130 Facilities. All courtrooms, offices, facilities and supplies for the operation of a municipal department shall be furnished by the city. [1961 c 299 § 47.] 3.46.140 Personnel. All such personnel shall be deemed employees of the city, shall be compensated wholly by the city, and shall be appointed under and subject to any applicable civil service laws and regulations. [1961 c 299 § 48.] 3.46.145 Court commissioners. The provisions of chapter 3.42 RCW shall apply to this chapter 3.46 RCW. [1969 ex.s. c 66 § 6.] [Title 3 RCW—page 10] (2002 Ed.) Municipal Departments 3.46.150 Termination of municipal department— Transfer agreement—Notice. (1) Any city, having established a municipal department as provided in this chapter may, by written notice to the county legislative authority not less than one year prior to February 1st of the year in which all district court judges are subject to election, require the termination of the municipal department created pursuant to this chapter. A city may terminate a municipal department only at the end of a four-year judicial term. However, the city may not give the written notice required by this section unless the city has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. (2) A county that wishes to terminate a municipal department of the district court must provide written notice to the city legislative authority at least one year prior to the date of the intended termination. [2001 c 68 § 2; 1984 c 258 § 210; 1961 c 299 § 49.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Chapter 3.50 MUNICIPAL COURTS—ALTERNATE PROVISION (Formerly: Municipal departments—Alternate provision) Sections 3.50.003 3.50.005 3.50.007 3.50.010 3.50.020 3.50.030 3.50.040 3.50.050 3.50.055 3.50.057 3.50.060 3.50.070 3.50.075 3.50.080 3.50.090 3.50.093 3.50.095 (2002 Ed.) Definition. Legislative finding—Alternative court structure for cities and towns of four hundred thousand or less. 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. Municipal court authorized in cities of four hundred thousand or less. Jurisdiction. Violations bureau for traffic cases—Disposition of moneys collected. Municipal judges—Appointed—Terms, qualifications— District judge as part-time municipal judge. Municipal judge may be elective position—Qualifications, term. Judicial positions—Filling—Circumstances permitted. Judges—Residency requirement. Termination of municipal court—Requirements— Establishment of court. Additional judges—Appointment, election. Court commissioners—Appointment—Qualification—Parttime appointed judge. Salaries of judges—Payment of court operating costs from city funds—Judges and employees as city employees. Judges pro tem. Municipal judge—Vacancy—Appointment. Municipal judge—Removal from office. 3.46.150 3.50.097 3.50.100 3.50.110 3.50.115 3.50.125 3.50.135 Judge’s oath—Bonds. Revenue—Disposition—Interest. Sessions. Municipal court seal. Transfer within municipal court. Request for jury trial in civil cases—Exception—Fee—Juror compensation—Jury trials in criminal cases. 3.50.300 Execution of sentence—Jail in lieu of fine and costs, computation. 3.50.320 Suspension or deferral of sentence—Change of plea— Dismissal. 3.50.330 Suspension or deferral of sentence—Continuing jurisdiction of court. 3.50.340 Revocation of deferred or suspended sentence— Limitations—Termination of probation. 3.50.425 Issuance of criminal process. 3.50.430 Criminal prosecution in city’s name for violation of ordinances. 3.50.440 Penalty if no other punishment prescribed. 3.50.450 Pleadings, practice and procedure not provided for governed by district court law. 3.50.800 Repeal of municipal criminal code—Agreement covering costs of handling resulting criminal cases—Arbitration— Renewal. 3.50.805 Termination of municipal court—Agreement covering costs of handling resulting criminal cases—Arbitration— Repeal of municipal criminal code—Agreement— Arbitration—Repeal of a municipal crime equivalent to offense in RCW 46.63.020—Agreement—Arbitration. 3.50.810 Termination of municipal court—Notice. Rules of court: See Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). 3.50.003 Definition. "Mayor," as used in this chapter, means the chief administrative officer of the city. [1984 c 258 § 125.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.005 Legislative finding—Alternative court structure for cities and towns of four hundred thousand or less. The legislature finds that there is a multitude of statutes governing the municipal courts of the state. This situation is confusing and misleading to attorneys, judges, court personnel, and others who work with the municipal courts. The legislature therefore finds that a reorganization of the municipal courts of the state would allow those courts to operate in a more effective and efficient manner. This chapter provides a court structure which may be used by cities and towns with a population of four hundred thousand or less which choose to operate under this chapter. [1984 c 258 § 101.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: "The enactment of sections 101 through 139 of this act shall not affect any case, proceeding, appeal, or other matter pending in any court operating under Title 35 or 35A RCW on the effective date of this act [July 1, 1984]. The enactment of sections 101 through 139 of this act shall not have the effect of terminating or in any way modifying any right or liability, civil or criminal, which may be in existence on the effective date of this act [July 1, 1984]." [1984 c 258 § 128.] 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 [Title 3 RCW—page 11] 3.50.007 Title 3 RCW: District Courts—Courts of Limited Jurisdiction 1, 1984—Terms. After January 1, 1985, cities and towns with a population of four hundred thousand or less which are operating a municipal court under Title 35 or 35A RCW shall operate the court pursuant to this chapter. In the alternative, a city or town may establish a municipal department of a district court under chapter 3.46 RCW. Municipal judges holding office on July 1, 1984, shall continue to hold office until expiration of their term or January 1, 1986, whichever occurs first. [1984 c 258 § 102.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.010 Municipal court authorized in cities of four hundred thousand or less. Any city or town with a population of four hundred thousand or less may by ordinance provide for an inferior court to be known and designated as a municipal court, which shall be entitled "The Municipal Court of . . . . . . . . . (insert name of city or town)", hereinafter designated and referred to as "municipal court", which court shall have jurisdiction and shall exercise all powers by this chapter declared to be vested in the municipal court, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. [1984 c 258 § 103; 1961 c 299 § 50.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.020 Jurisdiction. 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. 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 office of the administrator for 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. [2000 c 111 § 6; 1985 c 303 § 14; 1984 c 258 § 104; 1979 ex.s. c 136 § 17; 1961 c 299 § 51.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010. 3.50.030 Violations bureau for traffic cases— Disposition of moneys collected. Every city or town may [Title 3 RCW—page 12] establish and operate under the supervision of the municipal court a violations bureau to assist the court in processing traffic cases. Each municipal court shall designate the specific traffic offenses and traffic infractions under city or town ordinances which may be processed by the violations bureau. A violations bureau may be authorized to process traffic infractions in conformity with chapter 46.63 RCW. A violations bureau may be authorized to receive the posting of bail for specified offenses and, to the extent authorized by court order, permitted to accept forfeiture of bail and payment of penalties. Any violations bureau, upon accepting the prescribed bail, shall issue a receipt therefor to the alleged violator, acknowledging the posting thereof and informing the accused of the legal consequences of bail forfeiture. Any person charged with any criminal traffic offense within the authority of the violations bureau may, upon signing a written appearance, a written plea of guilty and a written waiver of trial, pay to the violations bureau the fine established for the offense charged and costs and this shall have the same effect as a court conviction. All penalties and forfeitures paid to a violations bureau for the violation of municipal ordinance shall be placed in the city or town general fund or such other fund as may be prescribed by ordinance of the city or town or laws of the state of Washington. Any employees of an existing violations bureau of any city shall continue as city employees. [1984 c 258 § 105; 1979 ex.s. c 136 § 18; 1961 c 299 § 52.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010. 3.50.040 Municipal judges—Appointed—Terms, qualifications—District judge as part-time municipal judge. Within thirty days after the effective date of the ordinance creating the municipal court, the mayor of each city or town shall appoint a municipal judge or judges of the municipal court for a term of four years. The terms of judges serving on July 1, 1984, and municipal judges who are appointed to terms commencing before January 1, 1986, shall expire January 1, 1986. The terms of their successors shall commence on January 1, 1986, and on January 1 of each fourth year thereafter, pursuant to appointment or election as provided in this chapter. Appointments shall be made on or before December 1 of the year next preceding the year in which the terms commence. The legislative authority of a city or town that has the general power of confirmation over mayoral appointments shall have the power to confirm the appointment of a municipal judge. A person appointed as a full-time or part-time municipal judge shall be a citizen of the United States of America and of the state of Washington; and an attorney admitted to practice law before the courts of record of the state of Washington: PROVIDED, That in a municipality having a population less than five thousand persons, a person who has taken and passed by January 1, 2003, the qualifying examination for a lay candidate for judicial officer as provided by (2002 Ed.) Municipal Courts—Alternate Provision 3.50.040 rule of the supreme court may be the judge. Any city or town shall have authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full time. In the event of the appointment of a district judge, the city or town shall pay a pro rata share of the salary. [2002 c 136 § 2; 1984 c 258 § 106; 1975-’76 2nd ex.s. c 35 § 1; 1961 c 299 § 53.] A city or town newly establishing a municipal court pursuant to this chapter shall do so by adoption of an appropriate ordinance on or before December 1 of any year, to take effect January 1 of the following year. [1984 c 258 § 108; 1961 c 299 § 55.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. **(2) RCW 35.24.455 was recodified as RCW 35.23.555 pursuant to 1994 c 81 § 90. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.050 Municipal judge may be elective position— Qualifications, term. The legislative authority of the city or town may, by ordinance, provide that the position of municipal judge within the city or town shall be an elective position. The ordinance shall provide for the qualifications of the municipal judge which shall be the same as the qualifications necessary for the appointment thereof; and further, shall provide that the municipal judge shall be elected in the same manner as other elective city officials are elected to office, and that the term of the municipal judge shall be for a term of four years commencing on January 1, 1986, and every four years thereafter. [1984 c 258 § 107; 1961 c 299 § 54.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.055 Judicial positions—Filling—Circumstances permitted. Notwithstanding RCW 3.50.040 and 3.50.050, judicial positions may be filled only by election under the following circumstances: (1) Each full-time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time. (2) In any city with one or more full-time equivalent judicial positions, an additional judicial position or positions that is or are in combination more than one-half of a fulltime equivalent position shall also be filled by election. [1993 c 317 § 4.] Severability—Effective date—1993 c 317: See notes following RCW 3.50.810. 3.50.057 Judges—Residency requirement. A judge of a municipal court need not be a resident of the city in which the court is created, but must be a resident of the county in which the city is located. [1993 c 317 § 6.] Severability—Effective date—1993 c 317: See notes following RCW 3.50.810. 3.50.060 Termination of municipal court— Requirements—Establishment of court. A city or town electing to establish a municipal court pursuant to this chapter may terminate such court by adoption of an appropriate ordinance. However no municipal court may be terminated unless the municipality has complied with RCW 3.50.805, 35.22.425, *35.23.595, **35.24.455, 35.27.515, 35.30.100, and 35A.11.200. (2002 Ed.) Reviser’s note: *(1) RCW 35.23.595 was repealed by 1994 c 81 § 89. 3.50.070 Additional judges—Appointment, election. Additional full or part time judges may be appointed or elected, as provided by ordinance of the legislative body of the city or town when public interest and the administration of justice makes such additional judge or judges necessary. [1984 c 258 § 109; 1961 c 299 § 56.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.075 Court commissioners—Appointment— Qualification—Part-time appointed judge. One or more court commissioners may be appointed by a judge of the municipal court. Each commissioner holds office at the pleasure of the appointing judge. 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 the qualifying examination for lay judges for courts of limited jurisdiction under RCW 3.34.060. 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. [1994 c 10 § 1.] 3.50.080 Salaries of judges—Payment of court operating costs from city funds—Judges and employees as city employees. Salaries of municipal court judges shall be fixed by ordinance. All costs of operating the municipal court, including but not limited to salaries of judges and court employees, dockets, books of records, forms, furnishings, and supplies, shall be paid wholly out of the funds of the city or town. The city shall provide a suitable place for holding court and pay all expenses of maintaining it. All employees of the municipal court shall, for all purposes, be deemed employees of the city or town. They shall be appointed by and serve at the pleasure of the court. [1984 c 258 § 111; 1961 c 299 § 57.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. Salaries of municipal judges in cities over 400,000: RCW 3.58.010 and 35.20.160. [Title 3 RCW—page 13] 3.50.090 Title 3 RCW: District Courts—Courts of Limited Jurisdiction 3.50.090 Judges pro tem. The presiding municipal court judge may designate one or more persons as judges pro tem to serve in the absence or disability of the elected or duly appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in addition to the elected or duly appointed judges when the administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly appointed or elected judge. Such pro tempore judges shall receive such compensation as shall be fixed by ordinance by the municipality in which the court is located and such compensation shall be paid by the municipality. [2000 c 55 § 1; 1984 c 258 § 112; 1961 c 299 § 58.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. Judges pro tempore appointments: RCW 3.02.060. 3.50.093 Municipal judge—Vacancy—Appointment. Any vacancy in the municipal court due to a death, disability, or resignation of a municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the legislative authority of the city or town if the legislative authority has the general power of confirmation over mayoral appointments. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. [1984 c 258 § 113.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.095 Municipal judge—Removal from office. A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office. [1984 c 258 § 124.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.097 Judge’s oath—Bonds. Every judge of a municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the municipal court of the city of . . . . . . (naming such city) according to the best of my ability." The oath shall be filed in the office of the county auditor. The judge shall also give such bonds to the state and city for the faithful performance of the judge’s [Title 3 RCW—page 14] duties as may be by law or ordinance directed. [1984 c 258 § 110.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.100 Revenue—Disposition—Interest. (1) Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other money imposed by any municipal court for the violation of any municipal or town ordinances shall be collected by the court clerk and, together with any other noninterest revenues received by the clerk, shall be deposited with the city or town treasurer as a part of the general fund of the city or town, or deposited in such other fund of the city or town, or deposited in such other funds as may be designated by the laws of the state of Washington. (2) The city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions, and certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250. (3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law. (4) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status. (5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts. [1995 c 291 § 3; 1988 c 169 § 2; 1985 c 389 § 4; 1984 c 258 § 304; 1975 1st ex.s. c 241 § 3; 1961 c 299 § 59.] Effective date—1985 c 389: See note following RCW 27.24.070. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. 3.50.110 Sessions. The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the legislative body of the city or town: PROVIDED, That the municipal court shall not be open on nonjudicial days. [1984 c 258 § 114; 1961 c 299 § 60.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. (2002 Ed.) Municipal Courts—Alternate Provision Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.110 3.50.115 Municipal court seal. The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of The Municipal Court of . . . . . . (name of city), State of Washington," surrounding the vignette. All process from the court runs throughout the state. The supreme court may determine by rule what process must be issued under seal. [1999 c 152 § 1; 1984 c 258 § 123.] A defendant who has been committed shall be discharged upon the payment for such part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment, which amount shall be the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as now or hereafter amended. In addition, all other proceedings in respect of such fine and costs shall be the same as in like cases in the superior court. [1984 c 258 § 115; 1969 c 84 § 1; 1961 c 299 § 79.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.125 Transfer within municipal court. A transfer of a case from the municipal court to either another municipal judge of the same city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings. [1984 c 258 § 122.] 3.50.320 Suspension or deferral of sentence— Change of plea—Dismissal. After a conviction, the court may impose sentence by suspending all or a portion of the defendant’s sentence or by deferring the sentence of the defendant and may place the defendant on probation for a period of no longer than two years and prescribe the conditions thereof. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant’s compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges. [2001 c 94 § 4; 1984 c 258 § 116; 1983 c 156 § 5; 1961 c 299 § 81.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.135 Request for jury trial in civil cases— Exception—Fee—Juror compensation—Jury trials in criminal cases. In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court: PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror may receive up to twenty-five dollars but in no case less than ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060: PROVIDED, That the compensation paid jurors shall be determined by the legislative authority of the city and shall be uniformly applied. Jury trials shall be allowed in all criminal cases unless waived by the defendant. [1984 c 258 § 126.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.300 Execution of sentence—Jail in lieu of fine and costs, computation. In all cases of conviction, unless otherwise provided in chapters 3.30 through 3.74 RCW as now or hereafter amended, where a jail sentence is given to the defendant, execution shall issue accordingly and where the judgment of the court is that the defendant pay a fine and costs, the defendant may be committed to jail until the judgment is paid in full. (2002 Ed.) Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.330 Suspension or deferral of sentence— Continuing jurisdiction of court. For a period not to exceed five years after imposition of sentence for a defendant sentenced under RCW 46.61.5055 and two years after imposition of sentence for all other offenses, the court shall have continuing jurisdiction and authority to suspend or defer the execution of all or any part of the sentence upon stated terms, including installment payment of fines. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant’s compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. However, the jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720. Any time before entering an order terminating probation, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence. [2001 c 94 § 5; 1999 c 56 § 1; 1984 c 258 § 117; 1983 c 156 § 6; 1961 c 299 § 82.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. [Title 3 RCW—page 15] 3.50.330 Title 3 RCW: District Courts—Courts of Limited Jurisdiction Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.340 Revocation of deferred or suspended sentence—Limitations—Termination of probation. Deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. [1984 c 258 § 118; 1983 c 156 § 7; 1961 c 299 § 83.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.425 Issuance of criminal process. All criminal process issued by the municipal court shall be in the name of the state of Washington and run throughout the state, and be directed to and served by the chief of police, marshal, or other police officer of any city or to any sheriff in the state. [1984 c 258 § 127.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.430 Criminal prosecution in city’s name for violation of ordinances. All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person. [1984 c 258 § 119; 1961 c 299 § 92.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.440 Penalty if no other punishment prescribed. Every person convicted by the municipal court of a violation of the criminal provisions of an ordinance for which no punishment is specifically prescribed in the ordinance shall be punished by a fine of not more than five thousand dollars or imprisonment in the city jail for a period not to exceed one year, or both such fine and imprisonment. [1984 c 258 § 120; 1961 c 299 § 93.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.450 Pleadings, practice and procedure not provided for governed by district court law. Pleadings, practice and procedure in cases not governed by statutes or [Title 3 RCW—page 16] rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts. [1984 c 258 § 121; 1961 c 299 § 94.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1984 c 258 §§ 101-139: See note following RCW 3.50.005. 3.50.800 Repeal of municipal criminal code— Agreement covering costs of handling resulting criminal cases—Arbitration—Renewal. (1) If a municipality has, prior to July 1, 1984, repealed in its entirety that portion of its municipal code defining crimes but continues to hear and determine traffic infraction cases under chapter 46.63 RCW in a municipal court, the municipality and the appropriate county shall, prior to January 1, 1985, enter into an agreement under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs incurred after January 1, 1985, associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. If the municipality and the county cannot come to an agreement within the time prescribed by this section, they shall be deemed to have entered into an agreement to submit the issue to arbitration pursuant to chapter 7.04 RCW. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. (2) The agreement between the municipality and the county shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. [1984 c 258 § 202.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.50.805 Termination of municipal court— Agreement covering costs of handling resulting criminal cases—Arbitration—Repeal of municipal criminal code— Agreement—Arbitration—Repeal of a municipal crime equivalent to offense in RCW 46.63.020—Agreement— Arbitration. (1) A municipality operating a municipal court under this chapter shall not terminate that court unless the municipality has reached an agreement with the appropriate county or another municipality under chapter 39.34 RCW under which the county or municipality is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district or municipal court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county or municipality are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration (2002 Ed.) Municipal Courts—Alternate Provision under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county or municipality have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. A municipality that has entered into agreements with other municipalities that have terminated their municipal courts may not thereafter terminate its court unless each municipality has reached an agreement with the appropriate county in accordance with this section. (2) A municipality operating a municipal court under this chapter may not repeal in its entirety that portion of its municipal code defining crimes while retaining the court’s authority to hear and determine traffic infractions under chapter 46.63 RCW unless the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. (3) A municipality operating a municipal court under this chapter may not repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW. [1984 c 258 § 203.] (3) A county that wishes to terminate an agreement with a city for the provision of court services must provide written notice of the intent to terminate the agreement to the city legislative authority not less than one year prior to the expiration of the agreement. [2001 c 68 § 1; 1993 c 317 § 2.] Severability—1993 c 317: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 317 § 11.] Effective date—1993 c 317: "This act shall take effect January 1, 1995." [1993 c 317 § 12.] Chapter 3.54 CLERKS AND DEPUTY CLERKS Sections 3.54.010 3.54.020 3.54.030 (2002 Ed.) Compensation. Powers and duties. Seal. 3.54.010 Compensation. The clerk and deputy clerks of district courts shall receive such compensation as shall be provided by the county legislative authority. [1984 c 258 § 34; 1971 c 73 § 6; 1961 c 299 § 98.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.54.020 Powers and duties. The district courts shall prescribe the duties of the clerk and deputy clerks. Such duties shall include all of the requirements of RCW 3.62.020 and 3.62.040 as now or hereafter amended and the receipt of bail and additionally the power to: (1) Accept and enter pleas; (2) Receive bail as set by the court; (3) Set cases for trial; (4) Administer oaths. [1975 1st ex.s. c 241 § 1; 1971 c 73 § 7; 1961 c 299 § 99.] 3.54.030 Seal. The district court shall have a seal that shall be the vignette of George Washington, with the words "Seal of the . . . . . . District Court of . . . . . . County, State of Washington," surrounding the vignette. All process from the court runs throughout the state. The supreme court may determine by rule what process must be issued under seal. [1999 c 152 § 2; 1992 c 29 § 1.] Chapter 3.58 SALARIES AND EXPENSES Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.50.810 Termination of municipal court—Notice. (1) Any city having entered into an agreement for court services with the county must provide written notice of the intent to terminate the agreement to the county legislative authority not less than one year prior to February 1st of the year in which all district court judges are subject to election. (2) Any city that terminates an agreement for court services to be provided by a district court may terminate the agreement only at the end of a four-year district court judicial term. 3.50.805 Sections 3.58.010 3.58.020 3.58.030 3.58.040 3.58.050 Salaries of full time district court judges. Salaries of part time district judges. Payment of salaries. Travel expenses. Other court expenses—Lease, construction, of courtrooms and offices. 3.58.010 Salaries of full time district court judges. The annual salary of each full time district court judge shall be established by the Washington citizen’s commission on [Title 3 RCW—page 17] 3.58.010 Title 3 RCW: District Courts—Courts of Limited Jurisdiction salaries for elected officials. A member of the legislature whose term of office is partly coextensive with or extends beyond the present term of office of any of the officials whose salary is increased by virtue of the provisions of RCW 43.03.010, 2.04.092, 2.06.062, 2.08.092, and 3.58.010 shall be eligible to be appointed or elected to any of the offices the salary of which is increased hereby but he shall not be entitled to receive such increased salary until after the expiration of his present term of office and his subsequent election or reelection to the office to which he was appointed or elected respectively during his term of office as legislator. [1986 c 155 § 7; 1985 c 7 § 1; 1983 c 186 § 2; 1980 c 162 § 8; 1979 ex.s. c 255 § 8; 1977 ex.s. c 318 § 5; 1975 1st ex.s. c 263 § 5; 1975 c 33 § 3; 1974 ex.s. c 149 § 6 (Initiative Measure No. 282, approved November 6, 1973); 1972 ex.s. c 100 § 4; 1969 c 52 § 1; 1965 c 147 § 1; 1961 c 299 § 100.] Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300. Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010. Effective date—1979 ex.s. c 255: See note following RCW 43.03.010. Effective date—1977 ex.s. c 318: See note following RCW 43.03.010. Severability—Effective date—1975 1st ex.s. c 263: See notes following RCW 43.03.010. Severability—1975 c 33: See note following RCW 35.21.780. Severability—1974 ex.s. c 149 (Initiative Measure No. 282): See note following RCW 43.03.010. District court judges’ salaries: State Constitution Art. 28 § 1. District courts, judges pro tempore, salaries: RCW 3.34.130. Municipal courts, cities over 400,000, judges’ salaries: RCW 35.20.160. Superior courts, judges’ salaries: RCW 2.08.092. Washington citizens’ commission on salaries for elected officials: RCW 43.03.305. 3.58.020 Salaries of part time district judges. The annual salaries of part time district judges shall be set by the citizens’ commission on salaries. [1991 c 338 § 3; 1984 c 258 § 35; 1982 c 29 § 2; 1979 ex.s. c 255 § 9; 1974 ex.s. c 95 § 1; 1969 ex.s. c 192 § 1; 1961 c 299 § 101.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Effective date—1979 ex.s. c 255: See note following RCW 43.03.010. District judges—Full time—Other: RCW 3.34.040. 3.58.030 Payment of salaries. The compensation of judges, clerks, judges pro tempore, deputy clerks, and court commissioners payable by the county shall be paid monthly out of the county treasury from the same funds out of which other salaried county officers are paid. [1984 c 258 § 36; 1961 c 299 § 102.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.58.040 Travel expenses. District judges, judges pro tempore, court commissioners, and district court employees shall receive their reasonable traveling expenses when engaged in the business of the court as provided in chapter [Title 3 RCW—page 18] 42.24 RCW. [1984 c 258 § 37; 1983 c 3 § 3; 1961 c 299 § 103.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.58.050 Other court expenses—Lease, construction, of courtrooms and offices. The county legislative authority shall furnish all necessary facilities for the district courts, including suitable courtrooms, furniture, books, stationery, postage, office equipment, heat, light and telephone and may lease or construct courtrooms and offices for such purpose. The county legislative authority shall not be required to furnish courtroom space in any place other than as provided in the districting plan. [1984 c 258 § 38; 1963 c 213 § 3; 1961 c 299 § 104.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Chapter 3.62 INCOME OF COURT Sections 3.62.010 3.62.020 3.62.040 3.62.050 3.62.060 3.62.065 3.62.070 3.62.090 3.62.100 Suspension of fine or penalty. Costs, fees, fines, forfeitures, and penalties except city cases—Disposition—Interest. Costs, fines, forfeitures, and penalties from city cases— Disposition—Interest. Court expenditures to be paid from county current expense fund—Exception. Filing fees in civil cases—Fees allowed as court costs. Fees allowed as court costs. Filing fees in criminal cases and traffic infractions— Arbitration if no agreement. Public safety and education assessment—Amount. Promotion of efficiency. 3.62.010 Suspension of fine or penalty. The district court may at the time of sentencing or at any time thereafter suspend a portion or all of a fine or penalty. [1984 c 258 § 305; 1961 c 299 § 105.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. 3.62.020 Costs, fees, fines, forfeitures, and penalties except city cases—Disposition—Interest. (1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law. (2) The county treasurer shall remit thirty-two percent of the noninterest money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes (2002 Ed.) Income of Court if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250. (3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund. (4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund. (5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status. (6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts. [1995 c 301 § 31; 1995 c 291 § 5; 1988 c 169 § 3; 1985 c 389 § 5; 1984 c 258 § 306; 1971 c 73 § 8; 1969 ex.s. c 199 § 2; 1961 c 299 § 106.] Reviser’s note: This section was amended by 1995 c 291 § 5 and by 1995 c 301 § 31, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—1985 c 389: See note following RCW 27.24.070. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. 3.62.040 Costs, fines, forfeitures, and penalties from city cases—Disposition—Interest. (1) Except as provided in subsection (4) of this section, all costs, fines, forfeitures and penalties assessed and collected, in whole or in part, by district courts because of violations of city ordinances shall be remitted by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation occurred. (2) The city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions and certain costs, to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250. (2002 Ed.) 3.62.020 (3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law. (4) All money collected for city parking infractions shall be remitted by the clerk of the district court at least monthly to the city treasurer for deposit in the city’s general fund. (5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status. (6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts. [1995 c 291 § 6; 1988 c 169 § 4; 1985 c 389 § 6; 1984 c 258 § 307; 1975 1st ex.s. c 241 § 2; 1961 c 299 § 108.] Effective date—1985 c 389: See note following RCW 27.24.070. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. 3.62.050 Court expenditures to be paid from county current expense fund—Exception. 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, shall be paid from the county current expense fund. [1987 c 202 § 114; 1984 c 258 § 308; 1973 1st ex.s. c 10 § 1; 1969 ex.s. c 199 § 3; 1969 c 111 § 1; 1963 c 213 § 2; 1961 c 299 § 109.] Intent—1987 c 202: See note following RCW 2.04.190. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. 3.62.060 Filing fees in civil cases—Fees allowed as court costs. 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 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 a fee of six dollars. (3) For filing a supplemental proceeding a fee of twelve dollars. (4) For demanding a jury in a civil case a fee of fifty dollars to be paid by the person demanding a jury. (5) For preparing a transcript of a judgment a fee of six dollars. [Title 3 RCW—page 19] 3.62.060 Title 3 RCW: District Courts—Courts of Limited Jurisdiction (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 of a proceeding ten dollars per tape. The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded. [1992 c 62 § 8; 1990 c 172 § 2; 1987 c 382 § 2; 1984 c 258 § 309; 1981 c 330 § 1; 1980 c 162 § 9; 1969 c 25 § 1; 1965 c 55 § 1; 1961 c 299 § 110.] Effective date—1992 c 62: See RCW 27.24.900. Effective date—1990 c 172: See note following RCW 7.75.035. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. Severability—1981 c 330: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 330 § 11.] Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010. 3.62.065 Fees allowed as court costs. All courts organized under Title 3 or 35 RCW may charge fees as prescribed in RCW 3.62.060. The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded. [1992 c 62 § 7.] Effective date—1992 c 62: See RCW 27.24.900. 3.62.070 Filing fees in criminal cases and traffic infractions—Arbitration if no agreement. Except in traffic cases wherein bail is forfeited or a monetary penalty paid to a violations bureau, and except in cases filed in municipal departments established pursuant to chapter 3.46 RCW and except in cases where a city has contracted with another city for such services pursuant to chapter 39.34 RCW, in every criminal or traffic infraction action filed by a city for an ordinance violation, the city shall be charged a filing fee. Fees shall be determined pursuant to an agreement as provided for in chapter 39.34 RCW, the interlocal cooperation act, between the city and the county providing the court service. In such criminal or traffic infraction actions the cost of providing services necessary for the preparation and presentation of a defense at public expense are not within the filing fee and shall be paid by the city. In all other criminal or traffic infraction actions, no filing fee shall be assessed or collected: PROVIDED, That in such cases, for the purposes of RCW 3.62.010, four dollars or the agreed filing fee of each fine or penalty, whichever is greater, shall be deemed filing costs. In the event no agreement is reached between a city and the county providing the court service, either party may invoke binding arbitration on the fee issue by notice to the other party. In the case of establishing initial fees, the notice shall be thirty days. In the case of renewal or proposed nonrenewal, the notice shall be given one hundred twenty days prior to the expiration of the existing contract. In the event that such issue is submitted to arbitration, the arbitrator or arbitrators shall only consider those additional costs borne [Title 3 RCW—page 20] by the county in providing district court services for such city. The city and the county shall each select one arbitrator, the two of whom shall pick a third arbitrator. The existing contract shall remain in effect until a new agreement is reached or until an arbitration award is made. [1994 c 266 § 15; 1993 c 317 § 8; 1984 c 258 § 39; 1980 c 128 § 14; 1979 ex.s. c 129 § 1; 1973 1st ex.s. c 10 § 2; 1961 c 299 § 111.] Effective date—1994 c 266 § 15: "Section 15 of this act shall take effect January 1, 1995." [1994 c 266 § 16.] Severability—Effective date—1993 c 317: See notes following RCW 3.50.810. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Effective date—Severability—1980 c 128: See notes following RCW 46.63.060. 3.62.090 Public safety and education assessment— Amount. (1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court. (2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under RCW 46.61.5055, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court. (3) This section does not apply to the fee imposed under *RCW 46.63.110(6) or the penalty imposed under *RCW 46.63.110(7). [2001 c 289 § 1; 1997 c 331 § 4; 1995 c 332 § 7; 1994 c 275 § 34; 1986 c 98 § 4; 1984 c 258 § 337.] *Reviser’s note: RCW 46.63.110 was amended by 2002 c 279 § 15, changing subsection (6) to subsection (7) and subsection (7) to subsection (8). Effective date—1997 c 331: See note following RCW 70.168.135. Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308. Short title—Effective date—1994 c 275: See notes following RCW 46.04.015. Effective date—1986 c 98 § 4: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1986." [1986 c 98 § 5.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. Public safety and education account: RCW 43.08.250. 3.62.100 Promotion of efficiency. District courts shall take all steps necessary to promote efficiencies in calendaring in order to minimize costs to cities that use the (2002 Ed.) Income of Court district courts. Cities shall cooperate with the district courts in order to minimize those costs. [1993 c 317 § 7.] Severability—Effective date—1993 c 317: See notes following RCW 3.50.810. Chapter 3.66 JURISDICTION AND VENUE Sections 3.66.010 3.66.020 3.66.030 3.66.040 3.66.050 3.66.060 3.66.065 3.66.067 3.66.068 3.66.069 3.66.070 3.66.080 3.66.090 3.66.095 3.66.100 3.66.110 3.66.120 3.66.130 Powers of district court. Civil jurisdiction. Restrictions on civil jurisdiction. Venue—Civil action. Transfer of proceedings. Criminal jurisdiction. Assessment of punishment. Assessment of punishment—Suspension or deferral of sentence—Dismissal of charges. Assessment of punishment—Suspension or deferral of sentence—Terms. Assessment of punishment—Revocation of deferred or suspended sentence—Limitations—Termination of probation. Venue—Criminal actions—Temporary venue. Criminal venue corrected. Change of venue. Removal of certain civil actions to superior court. Territorial jurisdiction—Process—Limitation. Advertising authority to solemnize marriages is breach of judicial ethics. Court-ordered restitution—Enforcement. Court-ordered restitution—Payment. 3.66.010 Powers of district court. (1) The justices of the peace elected in accordance with chapters 3.30 through 3.74 RCW are authorized to hold court as judges of the district court for the trial of all actions enumerated in chapters 3.30 through 3.74 RCW or assigned to the district court by law; to hear, try, and determine the same according to the law, and for that purpose where no special provision is otherwise made by law, such court shall be vested with all the necessary powers which are possessed by courts of record in this state; and all laws of a general nature shall apply to such district court as far as the same may be applicable and not inconsistent with the provisions of chapters 3.30 through 3.74 RCW. The district court shall, upon the demand of either party, impanel a jury to try any civil or criminal case in accordance with the provisions of chapter 12.12 RCW. No jury trial may be held in a proceeding involving a traffic infraction. (2) A district court participating in the program established by the office of the administrator for 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 other court of limited jurisdiction participating in the program. [2000 c 111 § 2; 1984 c 258 § 40; 1979 ex.s. c 136 § 20; 1961 c 299 § 112.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010. Powers and jurisdiction of district court commissioner: RCW 3.42.020. (2002 Ed.) 3.62.100 3.66.020 Civil jurisdiction. If the value of the claim or the amount at issue does not exceed fifty 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; and (9) 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. [2000 c 49 § 1; 1997 c 246 § 1; 1991 c 33 § 1; 1984 c 258 § 41; 1981 c 331 § 7; 1979 c 102 § 3; 1965 c 95 § 1; 1961 c 299 § 113.] Effective date—1991 c 33: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [1991 c 33 § 7.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Court Congestion Reduction Act of 1981—Purpose— Severability—1981 c 331: See notes following RCW 2.32.070. Application, savings—1979 c 102: "Sections 2, 3, and 4 of this 1979 amendatory act upon taking effect shall apply to all actions filed on or after December 8, 1977. Any party to an action which is pending on the effective date of this act shall be permitted to amend any pleadings to reflect such increase in court jurisdiction: PROVIDED, That nothing in this act shall affect the validity of judicial acts taken prior to its effective date." [1979 c 102 § 5.] Severability—1979 c 102: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 102 § 6.] Effective date—1979 c 102: "Sections 2 through 5 of this 1979 amendatory act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1979." [1979 c 102 § 7.] 3.66.030 Restrictions on civil jurisdiction. The jurisdiction covered by RCW 3.66.020 shall not extend to the following civil actions: (1) Actions involving title to real property; [Title 3 RCW—page 21] 3.66.030 Title 3 RCW: District Courts—Courts of Limited Jurisdiction (2) Actions for the foreclosure of a mortgage or enforcement of a lien on real estate; (3) Actions for false imprisonment, libel, slander, malicious prosecution, criminal conversation, or seduction; and (4) Actions against an executor or administrator as such. [1961 c 299 § 114.] 3.66.040 Venue—Civil action. (1) An action arising under RCW 3.66.020 (1), (4), (6), (7), and (9) may be brought in any district in which the defendant, or, if there be more than one defendant, where some one of the defendants, resides at the time the complaint is filed or in which the defendant, or if there be more than one defendant, where some one of the defendants may be served with the notice and complaint in which latter case, however, the district where the defendant or defendants is or are served must be within the county in which the defendant or defendants reside. If the residence of the defendant is not ascertained by reasonable efforts, the action may be brought in the district in which the defendant’s place of actual physical employment is located. (2) An action arising under RCW 3.66.020(2) for the recovery of possession of personal property and RCW 3.66.020(8) shall be brought in the district in which the subject matter of the action or some part thereof is situated. (3) An action arising under RCW 3.66.020 (3) and (5) shall be brought in the district in which the cause of action, or some part thereof arose. (4) An action arising under RCW 3.66.020(2) for the recovery of damages for injuries to the person or for injury to personal property may be brought, at the plaintiff’s option, either in the district in which the cause of action, or some part thereof, arose, or in the district in which the defendant, or, if there be more than one defendant, where some one of the defendants, resides at the time the complaint is filed. (5) An action against a nonresident of this state may be brought in any district where service of process may be had, or in which the cause of action or some part thereof arose, or in which the plaintiff or one of them resides. (6) An action upon the unlawful issuance of a check or draft may be brought in any district in which the defendant resides or may be brought in any district in which the check was issued or presented as payment. (7) For the purposes of chapters 3.30 through 3.74 RCW, the residence of a corporation defendant shall be deemed to be in any district where the corporation transacts business or has an office for the transaction of business or transacted business at the time the cause of action arose or where any person resides upon whom process may be served upon the corporation, unless herein otherwise provided. [2001 c 45 § 1; 1988 c 71 § 1; 1984 c 258 § 42; 1961 c 299 § 115.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.66.050 Transfer of proceedings. If a civil action is brought in the wrong district, the action may nevertheless be tried therein unless the defendant, at the time the defendant appears, requests a transfer of the action to the proper district. Upon such demand an order shall be entered [Title 3 RCW—page 22] transferring the action to the proper district and awarding the defendant a reasonable attorney’s fee to be paid by the plaintiff. [1984 c 258 § 43; 1961 c 299 § 116.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.66.060 Criminal jurisdiction. The district court shall have jurisdiction: (1) Concurrent with the superior court of all misdemeanors and gross misdemeanors committed in their respective counties and of all violations of city ordinances. It shall in no event impose a greater punishment than a fine of five thousand dollars, or imprisonment for one year in the county or city jail as the case may be, or both such fine and imprisonment, unless otherwise expressly provided by statute. It may suspend and revoke vehicle operators’ licenses in the cases provided by law; (2) to sit as a committing magistrate and conduct preliminary hearings in cases provided by law; (3) concurrent with the superior court of a proceeding to keep the peace in their respective counties; (4) concurrent with the superior court of all violations under *Title 75 RCW; (5) to hear and determine traffic infractions under chapter 46.63 RCW; and (6) to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by other courts of limited jurisdiction when those courts are participating in the program established under RCW 2.56.160. [2000 c 111 § 3; 1984 c 258 § 44; 1983 1st ex.s. c 46 § 176; 1982 c 150 § 1; 1961 c 299 § 117.] *Reviser’s note: Title 75 RCW was recodified, repealed, and/or decodified in its entirety by 2000 c 107. See Comparative Table for Title 75 RCW in the Table of Disposition of Former RCW Sections, Volume 0. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.66.065 Assessment of punishment. If a defendant is found guilty, a judge holding office pursuant to chapters 3.30 through 3.74 RCW, or chapter 35.20 RCW, and not the jury, shall assess punishment, notwithstanding the provisions of RCW 10.04.100. If the judge determines that the punishment authorized is inadequate compared to the gravity of the offense he or she may order such defendant to enter recognizance to appear in the superior court of the county and may also recognize the witnesses and shall proceed as a committing magistrate. [1984 c 258 § 45; 1975 c 29 § 1; 1965 ex.s. c 110 § 7.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Sentence and judgment: Rules of court: CrRLJ 7.2. 3.66.067 Assessment of punishment—Suspension or deferral of sentence—Dismissal of charges. After a conviction, the court may impose sentence by suspending all or a portion of the defendant’s sentence or by deferring the sentence of the defendant and may place the defendant on probation for a period of no longer than two years and prescribe the conditions thereof. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant’s compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. During the time (2002 Ed.) Jurisdiction and Venue of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty and to enter a plea of not guilty, and the court may dismiss the charges. [2001 c 94 § 1; 1984 c 258 § 46; 1983 c 156 § 1; 1969 c 75 § 1.] Rules of court: ER 410. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.66.068 Assessment of punishment—Suspension or deferral of sentence—Terms. For a period not to exceed five years after imposition of sentence for a defendant sentenced under RCW 46.61.5055 and two years after imposition of sentence for all other offenses, the court has continuing jurisdiction and authority to suspend or defer the execution of all or any part of its sentence upon stated terms, including installment payment of fines. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant’s compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. However, the jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720. [2001 c 94 § 2; 1999 c 56 § 2; 1983 c 156 § 2; 1969 c 75 § 2.] 3.66.069 Assessment of punishment—Revocation of deferred or suspended sentence—Limitations— Termination of probation. Deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension. Upon the revocation of the deferral or suspension, the court may impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. Whenever the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. [1983 c 156 § 3; 1969 c 75 § 3.] 3.66.070 Venue—Criminal actions—Temporary venue. (1) All criminal actions shall be brought in the district where the alleged violation occurred: PROVIDED, That (a) the prosecuting attorney may file felony cases in the district in which the county seat is located, (b) with the consent of the defendant criminal actions other than those arising out of violations of city ordinances may be brought in or transferred to the district in which the county seat is located, (c) if the alleged violation relates to driving, or being in actual physical control of, a motor vehicle while under the influence of intoxicating liquor or any drug and the alleged violation occurred within a judicial district which has been designated an enhanced enforcement district under RCW 2.56.110, the charges may be filed in that district or in a district within the same county which is adjacent to the (2002 Ed.) 3.66.067 district in which the alleged violation occurred, and (d) a district court participating in the program established by the office of the administrator for 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 other court of limited jurisdiction participating in the program. (2) In the event of an emergency created by act of nature, civil unrest, technological failure, or other hazardous condition, temporary venue for court of limited jurisdiction matters may be had in a court district not impacted by the emergency. Such emergency venue is appropriate only for the duration of the emergency. (3) A criminal action commenced under a local ordinance or state statute is deemed to be properly heard by the court of original jurisdiction even though the hearing may take place by video or other electronic means as approved by the supreme court and the defendant is appearing by an electronic method from a location outside the court’s geographic jurisdiction or boundaries. [2002 c 59 § 1; 2001 c 15 § 1; 2000 c 111 § 4; 1991 c 290 § 2; 1984 c 258 § 47; 1983 c 165 § 32; 1961 c 299 § 118.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308. 3.66.080 Criminal venue corrected. If a criminal action is commenced in an improper district under RCW 3.66.070, the court may of its own volition or at the request of either party order the case removed for trial to a proper district. [1984 c 258 § 48; 1961 c 299 § 119.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.66.090 Change of venue. A change of venue may be allowed upon motion: (1) Where there is reason to believe that an impartial trial cannot be had in the district or municipal court in which the action was commenced; or (2) Where the convenience of witnesses or the ends of justice would be forwarded by the change. When such change is ordered, it shall be to the district court of another district in the same county, if any, otherwise to the district court of an adjacent district in another county: PROVIDED, That where an affidavit of prejudice is filed against a judge of a municipal court the cause shall be transferred to another department of the municipal court, if one exists, otherwise to a judge pro tempore appointed in the manner prescribed by law. The court to which a case is removed on change of venue under this section shall have the same jurisdiction, either civil or criminal to hear and determine the case as the court from which the case was removed. [1984 c 258 § 49; 1967 c 241 § 1; 1961 c 299 § 120.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Application—1967 c 241: "The provisions of this 1967 amendatory act shall apply only to those cities as to which the law requires that the judge be a qualified attorney." [1967 c 241 § 10.] [Title 3 RCW—page 23] 3.66.095 Title 3 RCW: District Courts—Courts of Limited Jurisdiction 3.66.095 Removal of certain civil actions to superior court. See chapter 4.14 RCW. 3.66.100 Territorial jurisdiction—Process— Limitation. (1) Every district judge having authority to hear a particular case may issue criminal process in and to any place in the state. (2) Every district judge having authority to hear a particular case may issue civil process, including writs of execution, attachment, garnishment, and replevin, in and to any place as permitted by statute or rule. This statute does not authorize service of process pursuant to RCW 4.28.180 in actions filed pursuant to chapter 12.40 RCW or in civil infraction matters. [1998 c 73 § 1; 1987 c 442 § 1101; 1984 c 258 § 701; 1961 c 299 § 121.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Issuance of process infractions generally: RCW 7.80.020. natural resource infractions: RCW 7.84.120. traffic infractions: RCW 46.63.130. 3.66.110 Advertising authority to solemnize marriages is breach of judicial ethics. It shall be a breach of judicial ethics for any judge of any court of limited jurisdiction, as defined in RCW 3.02.010, to advertise in any manner that he or she is authorized to solemnize marriages. Any violation of this section shall be grounds for forfeiture of office. [1983 c 186 § 3; 1961 c 299 § 122.] 3.66.120 Court-ordered restitution—Enforcement. All court-ordered restitution obligations that are ordered as a result of a conviction for a criminal offense in a court of limited jurisdiction may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. The judgment and sentence must identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. All court-ordered restitution obligations may be enforced at any time during the ten-year period following the offender’s release from total confinement or within ten years of entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial ten-year period, the court may extend the criminal judgment an additional ten years for payment of court-ordered restitution only if the court finds that the offender has not made a good faith attempt to pay. The party or entity to whom the court-ordered restitution obligation is owed may utilize any other remedies available to the party or entity to collect the court-ordered financial obligation. Nothing in this section may be construed to deprive the court of the authority to determine whether the offender’s failure to pay the legal financial obligation constitutes a violation of a condition of probation or to impose a sanction upon the offender if such a violation is found. [2001 c 115 § 1.] 3.66.130 Court-ordered restitution—Payment. If the party or entity for whom a court-ordered restitution [Title 3 RCW—page 24] obligation has been entered pursuant to this title seeks to enforce the judgment as a lien on real estate, he or she shall commence a lien of judgment upon the real estate of the judgment debtor/obligor as provided in RCW 4.56.200. When any court-ordered restitution obligation entered pursuant to this title is paid or satisfied, the clerk of the court of limited jurisdiction in which the restitution obligation was ordered shall note upon the record of the court of limited jurisdiction satisfaction thereof including the date of the satisfaction. [2001 c 115 § 2.] Chapter 3.70 MAGISTRATES’ ASSOCIATION Sections 3.70.010 3.70.020 3.70.030 3.70.040 District and municipal court judges’ association established. Formalities—Meetings. Expenses of members. Duties. 3.70.010 District and municipal court judges’ association established. There is established in the state an association, to be known as the Washington state district and municipal court judges’ association, membership in which shall include all duly elected or appointed and qualified judges of courts of limited jurisdiction, including but not limited to district judges and municipal court judges. [1994 c 32 § 3; 1987 c 3 § 2; 1984 c 258 § 50; 1961 c 299 § 123.] Severability—1987 c 3: See note following RCW 3.46.020. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.70.020 Formalities—Meetings. Members of the Washington state district and municipal court judges’ association may either amend the present bylaws of the association, adopt a constitution, or provide for bylaws only, electing officers as provided therein and doing all things necessary and proper to formally establish a permanent Washington state district and municipal court judges’ association. The association may meet each year at a time established by the association’s governing board. Meetings shall be held in the state of Washington. [1994 c 32 § 4; 1984 c 258 § 51; 1961 c 299 § 124.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.70.030 Expenses of members. For attendance at the annual meetings of the association, beginning in 1962 and thereafter, a judge of a court of limited jurisdiction shall be entitled to receive reimbursement for judge’s reasonable travel expenses as provided in RCW 43.03.050 and 43.03.060 from the county or city responsible for the operating cost of the court over which he or she presides while attending meetings of the association. The per diem and transportation or mileage allowance authorized by this section shall not be paid to any judge for more than five days in any one calendar year. [1984 c 258 § 52; 1961 c 299 § 125.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. (2002 Ed.) Magistrates’ Association 3.70.040 Duties. The Washington state district and municipal court judges’ association shall: (1) Continuously survey and study the operation of the courts served by its membership, the volume and condition of business of such courts, the methods of procedure therein, the work accomplished, and the character of the results; (2) Promulgate suggested rules for the administration of the courts of limited jurisdiction not inconsistent with the law or rules of the supreme court relating to such courts; (3) Report annually to the supreme court as well as the governor and the legislature on the condition of business in the courts of limited jurisdiction, including the association’s recommendations as to needed changes in the organization, operation, judicial procedure, and laws or statutes implemented or enforced in these courts. [1994 c 32 § 5; 1984 c 258 § 53; 1980 c 162 § 10; 1961 c 299 § 126.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Severability—1980 c 162: See note following RCW 3.02.010. Chapter 3.72 YOUTH COURT Sections 3.72.005 3.72.010 3.72.020 3.72.030 3.72.040 3.72.050 Definitions. Youth court creation—Jurisdiction. Youth court agreement. Purpose and limitations of youth courts. Youth court programs. Fee. 3.72.005 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Court" when used without further qualification means the district court under chapter 3.30 RCW, the municipal department under chapter 3.46 RCW, or the municipal court under chapter 3.50 or 35.20 RCW. (2) "Traffic infraction" means those acts defined as traffic infractions by RCW 46.63.020. (3) "Youth court" means an alternative method of hearing and disposing of traffic infractions for juveniles age sixteen or seventeen. [2002 c 237 § 1.] 3.72.010 Youth court creation—Jurisdiction. (1) A court created under chapter 3.30, 3.46, 3.50, or 35.20 RCW may create a youth court. The youth court shall have jurisdiction over traffic infractions alleged to have been committed by juveniles age sixteen or seventeen. The court may refer a juvenile to the youth court upon request of any party or upon its own motion. However, a juvenile shall not be required under this section to have his or her traffic infraction referred to or disposed of by a youth court. (2) To be referred to a youth court, a juvenile: (a) May not have had a prior traffic infraction referred to a youth court; (b) May not be under the jurisdiction of any court for a violation of any provision of Title 46 RCW; (c) May not have any convictions for a violation of any provision of Title 46 RCW; and (2002 Ed.) 3.70.040 (d) Must acknowledge that there is a high likelihood that he or she would be found to have committed the traffic infraction. [2002 c 237 § 2.] 3.72.020 Youth court agreement. (1) A youth court agreement shall be a contract between a juvenile accused of a traffic infraction and a court whereby the juvenile agrees to fulfill certain conditions imposed by a youth court in lieu of a determination that a traffic infraction occurred. Such agreements may be entered into only after the law enforcement authority has determined that probable cause exists to believe that a traffic infraction has been committed and that the juvenile committed it. A youth court agreement shall be reduced to writing and signed by the court and the youth accepting the terms of the agreement. Such agreements shall be entered into as expeditiously as possible. (2) Conditions imposed on a juvenile by a youth court shall be limited to one or more of the following: (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school; (b) Attendance at defensive driving school or driver improvement education classes or, in the discretion of the court, a like means of fulfilling this condition. The state shall not be liable for costs resulting from the youth court or the conditions imposed upon the juvenile by the youth court; (c) A monetary penalty, not to exceed one hundred dollars. All monetary penalties assessed and collected under this section shall be deposited and distributed in the same manner as costs, fines, forfeitures, and penalties are assessed and collected under RCW 2.68.040, 3.46.120, 3.50.100, 3.62.020, 3.62.040, 35.20.220, and *46.63.110(6), regardless of the juvenile’s successful or unsuccessful completion of the youth court agreement; (d) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; (e) Participating in law-related education classes; (f) Providing periodic reports to the youth court or the court; (g) Participating in mentoring programs; (h) Serving as a participant in future youth court proceedings; (i) Writing apology letters; or (j) Writing essays. (3) Youth courts may require that the youth pay any costs associated with conditions imposed upon the youth by the youth court. (a) A youth court disposition shall be completed within one hundred eighty days from the date of referral. (b) The court, as specified in RCW 3.72.010, shall monitor the successful or unsuccessful completion of the disposition. (4) A youth court agreement may extend beyond the eighteenth birthday of the youth. (5) Any juvenile who is, or may be, referred to a youth court shall be afforded due process in all contacts with the youth court regardless of whether the juvenile is accepted by the youth court or whether the youth court program is successfully completed. Such due process shall include, but not be limited to, the following: [Title 3 RCW—page 25] 3.72.020 Title 3 RCW: District Courts—Courts of Limited Jurisdiction (a) A written agreement shall be executed stating all conditions in clearly understandable language and the action that will be taken by the court upon successful or unsuccessful completion of the agreement; (b) Violation of the terms of the agreement shall be the only grounds for termination. (6) The youth court shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during youth court hearings or negotiations. (7) The court shall be responsible for advising a juvenile of his or her rights as provided in this chapter. (8) When a juvenile enters into a youth court agreement, the court may receive only the following information for dispositional purposes: (a) The fact that a traffic infraction was alleged to have been committed; (b) The fact that a youth court agreement was entered into; (c) The juvenile’s obligations under such agreement; (d) Whether the juvenile performed his or her obligations under such agreement; and (e) The facts of the alleged traffic infraction. (9) A court may refuse to enter into a youth court agreement with a juvenile. When a court refuses to enter a youth court agreement with a juvenile, it shall set the matter for hearing in accordance with all applicable court rules and statutory provisions governing the hearing and disposition of traffic infractions. (10) If a monetary penalty required by a youth court agreement cannot reasonably be paid due to a lack of financial resources of the youth, the court may convert any or all of the monetary penalty into community service. The modification of the youth court agreement shall be in writing and signed by the juvenile and the court. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour. [2002 c 237 § 3.] *Reviser’s note: RCW 46.63.110 was amended by 2002 c 279 § 15, changing subsection (6) to subsection (7). 3.72.030 Purpose and limitations of youth courts. Youth courts provide a disposition method for cases involving juveniles alleged to have committed traffic infractions, in which participants, under the supervision of the court, may serve in various capacities within the youth court, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youth courts have no jurisdiction except as provided for in this chapter. Youth courts are not courts established under Article IV of the state Constitution. [2002 c 237 § 4.] 3.72.040 Youth court programs. The *administrative office of the courts shall encourage the courts to work with cities, counties, and schools to implement, expand, or use youth court programs for juveniles who commit traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that: (1) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects; [Title 3 RCW—page 26] (2) Target youth ages sixteen and seventeen who are alleged to have committed a traffic infraction; and (3) Emphasize the following principles: (a) Youth must be held accountable for their problem behavior; (b) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community; (c) Youth must develop skills to resolve problems with their peers more effectively; and (d) Youth should be provided a meaningful forum to practice and enhance newly developed skills. [2002 c 237 § 5.] *Reviser’s note: The "administrative office of the courts" does not exist. The "office of the administrator for the courts" was apparently intended. 3.72.050 Fee. A court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the court. The fees collected under this section shall not constitute "certain costs" as defined in RCW 3.46.120(2), 3.50.100(2), 3.62.020(2), 3.62.040(2), and 35.20.220(2). [2002 c 237 § 6.] Chapter 3.74 MISCELLANEOUS Sections 3.74.010 3.74.020 3.74.030 3.74.900 3.74.930 3.74.931 3.74.932 3.74.940 District judges to be members of state retirement system. Full time district judges ineligible for any other office or public employment than judicial. Mandatory retirement for district judges. Transfer of proceedings—1961 c 299. Severability—1961 c 299. Severability—1965 ex.s. c 110. Severability—1967 c 241. Validation—1991 c 363; 1965 ex.s. c 110. 3.74.010 District judges to be members of state retirement system. All district judges under chapters 3.30 through 3.74 RCW shall remain members of the state retirement system. [1984 c 258 § 54; 1961 c 299 § 130.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.74.020 Full time district judges ineligible for any other office or public employment than judicial. The full time judges of the district court shall be ineligible to any other office, or public employment than a judicial office or employment during the term for which they shall have been elected. [1984 c 258 § 55; 1961 c 299 § 131.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.74.030 Mandatory retirement for district judges. A district judge shall retire from judicial office at the end of the calendar year in which he or she has attained the age of seventy-five years. This provision shall not affect the term to which any such judge shall have been elected or appoint(2002 Ed.) Miscellaneous 3.74.030 ed prior to August 11, 1969. [1984 c 258 § 56; 1969 ex.s. c 6 § 1.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 3.74.900 Transfer of proceedings—1961 c 299. All cases, proceedings and matters pending before justice courts, police courts, municipal courts and night courts shall be transferred to the appropriate court established by chapters 3.30 through 3.74 RCW, together with all files, records and proceedings relating to such cases. Chapters 3.30 through 3.74 RCW shall not affect any appeal from any municipal court, police court, justice court or night court, but such appeal shall be conducted and concluded as if chapters 3.30 through 3.74 RCW had not been enacted, except that if remanded from the superior court the superseding court shall have the authority and power to forfeit bail or bond or impose sentence thereon. [1961 c 299 § 127.] 3.74.930 Severability—1961 c 299. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1961 c 299 § 132.] 3.74.931 Severability—1965 ex.s. c 110. If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. [1965 ex.s. c 110 § 8.] 3.74.932 Severability—1967 c 241. If any provision of this 1967 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this 1967 amendatory act, or the application of the provision to other persons or circumstances is not affected. [1967 c 241 § 11.] 3.74.940 Validation—1991 c 363; 1965 ex.s. c 110. Any prior action by the legislative authority of any county with a population of less than two hundred ten thousand to make the provisions of chapters 3.30 through 3.74 RCW applicable to their county and the organization of any justice court as a result thereof, and all other things and proceedings done or taken by such county or by their respective officers acting under or in pursuance to such prior action and organization are hereby declared legal and valid and of full force and effect. [1991 c 363 § 6; 1965 ex.s. c 110 § 4.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. (2002 Ed.) [Title 3 RCW—page 27] Title 4 CIVIL PROCEDURE Chapters 4.04 4.08 4.12 4.14 4.16 4.18 4.20 4.22 4.24 4.28 4.32 4.36 4.40 4.44 4.48 4.52 4.56 4.60 4.64 4.68 4.72 4.76 4.80 4.84 4.88 4.92 4.96 Rule of decision—Form of actions. Parties to actions. Venue—Jurisdiction. Removal of certain actions to superior court. Limitation of actions. Uniform conflict of laws—Limitations act. Survival of actions. Contributory fault—Effect—Imputation— Contribution—Settlement agreements. Special rights of action and special immunities. Commencement of actions. Pleadings. General rules of pleading. Issues. Trial. Trial before referee. Agreed cases. Judgments—Generally. Judgment by confession. Entry of judgments. Procedure to bind joint debtor. Vacation and modification of judgments. New trials. Exceptions. Costs. Appeals. Actions and claims against state. Actions against political subdivisions, municipal and quasi-municipal corporations. Arbitration of civil actions: Chapter 7.06 RCW. Bonds, judicial attachment: Chapter 6.25 RCW. bail and appearance: Chapter 10.19 RCW. civil actions, court to fix amount: RCW 4.44.470. civil appeals from district courts: Chapter 12.36 RCW. contempt: Chapter 7.21 RCW. costs, security: RCW 4.84.210 through 4.84.240. creditors, assignment for benefit: RCW 7.08.050. criminal appeals from district courts: Chapter 10.10 RCW. criminal appeals to supreme court: Chapter 10.73 RCW. executions, levy on joint personalty: RCW 6.17.180, 6.17.190. extradition: Chapter 10.88 RCW. garnishment: Chapter 6.27 RCW. guardians: Chapters 11.88, 11.92 RCW. injunction: Chapter 7.40 RCW. judgments, sentences, good behavior, maintain peace: RCW 10.64.070. municipal courts: Chapter 35.20 RCW. ne exeat: Chapter 7.44 RCW. nuisance, stay of warrant: RCW 7.48.040. preliminary hearings: Chapter 10.16 RCW. public officers, official bonds: Chapter 42.08 RCW. replevin: Chapter 7.64 RCW. replevin, district courts: Chapter 12.28 RCW. suretyship, generally: Chapters 19.72, 48.28 RCW. (2002 Ed.) Chattel mortgages, foreclosure: Article 62A.9A RCW. Claims against cities and towns: Chapters 35.31, 35A.31 RCW. counties: Chapter 36.45 RCW. Claims, reports, etc., filing and receipt: RCW 1.12.070. Federal court local law certificate procedure act: Chapter 2.60 RCW. Foreign corporations, nonadmitted—Actions against: Chapter 23B.18 RCW. Immunity from implied warranties and civil liability relating to blood, plasma, and blood derivatives—Scope—Effective date: RCW 70.54.120. Indians, jurisdiction in criminal and civil causes: Chapter 37.12 RCW. Industrial insurance, procedure: Title 51 RCW. Justice without unnecessary delay: State Constitution Art. 1 § 10. Liens, foreclosure: Title 60 RCW. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Real estate mortgages, foreclosure: Chapter 61.12 RCW. Redress of injuries to property under code of military justice: RCW 38.38.856. Tax refunds: Chapter 84.69 RCW. Chapter 4.04 RULE OF DECISION—FORM OF ACTIONS Sections 4.04.010 Extent to which common law prevails. General definitions: Chapter 1.16 RCW. Rules of construction: Chapter 1.12 RCW. 4.04.010 Extent to which common law prevails. The common law, so far as it is not inconsistent with the Constitution and laws of the United States, or of the state of Washington nor incompatible with the institutions and condition of society in this state, shall be the rule of decision in all the courts of this state. [1891 c 17 § 1; Code 1881 § 1; 1877 p 3 § 1; 1862 p 83 § 1; RRS § 143. Formerly RCW 1.12.030.] Chapter 4.08 PARTIES TO ACTIONS Sections 4.08.030 4.08.040 4.08.050 4.08.060 4.08.080 4.08.100 4.08.110 4.08.120 4.08.140 4.08.150 4.08.160 Either husband or wife may sue for community—Necessary parties. When husband and wife may join, defend. Guardian ad litem for infant. Guardian ad litem for incapacitated person. Action on assigned choses in action. Action to recover purchase money on land—Final judgment. Action by public corporations. Action against public corporations. New party entitled to service of summons. Substitution and interpleader. Action to determine conflicting claims to property. [Title 4 RCW—page 1] Chapter 4.08 Title 4 RCW: Civil Procedure 4.08.170 Action to determine conflicting claims to property— Disclaimer and deposit in court. 4.08.180 Action to determine conflicting claims to property—Trial of issue. Persons licensed to provide health care or related services, employees, hospitals, clinics, etc.—Professional review committee, society, examining or disciplinary board members, etc.—Immunity from civil suit arising from duties: RCW 4.24.240. 4.08.030 Either husband or wife may sue for community—Necessary parties. Either husband or wife may sue on behalf of the community: PROVIDED, That (1) When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party; (2) When the action is for compensation for services rendered, the spouse having rendered the services is a necessary party. [1972 ex.s. c 108 § 1; Code 1881 § 6; 1877 p 4 § 6; 1875 p 4 § 2; 1869 p 4 § 6; 1854 p 131 § 5; RRS § 181.] 4.08.040 When husband and wife may join, defend. Husband and wife may join in all causes of action arising from injuries to the person or character of either or both of them, or from injuries to the property of either or both of them, or arising out of any contract in favor of either or both of them. If a husband and wife be sued together, either or both spouses may defend, and if one spouse neglects to defend, the other spouse may defend for the nonacting spouse also. And each spouse may defend in all cases in which he or she is interested, whether that spouse is sued with the other spouse or not. [1972 ex.s. c 108 § 2; Code 1881 § 7; 1877 p 4 § 7; 1875 p 4 § 3; 1854 p 219 § 492; RRS § 182.] 4.08.050 Guardian ad litem for infant. Except as provided under RCW 26.50.020 and 28A.225.035, when an infant is a party he or she shall appear by guardian, or if he or she has no guardian, or in the opinion of the court the guardian is an improper person, the court shall appoint one to act. Said guardian shall be appointed as follows: (1) When the infant is plaintiff, upon the application of the infant, if he or she be of the age of fourteen years, or if under that age, upon the application of a relative or friend of the infant. (2) When the infant is defendant, upon the application of the infant, if he or she be of the age of fourteen years, and applies within thirty days after the service of the summons; if he or she be under the age of fourteen, or neglects to apply, then upon the application of any other party to the action, or of a relative or friend of the infant. [1996 c 134 § 7; 1992 c 111 § 9; 1891 c 30 § 1; Code 1881 § 12; 1854 p 132 §§ 6, 7; RRS § 187.] Severability—1992 c 111: See RCW 26.50.903. Findings—1992 c 111: See note following RCW 26.50.030. 4.08.060 Guardian ad litem for incapacitated person. When an incapacitated person is a party to an action in the superior courts he or she shall appear by guardian, or if he or she has no guardian, or in the opinion of the court the guardian is an improper person, the court shall appoint one to act as guardian ad litem. Said guardian shall be appointed as follows: [Title 4 RCW—page 2] (1) When the incapacitated person is plaintiff, upon the application of a relative or friend of the incapacitated person. (2) When the incapacitated person is defendant, upon the application of a relative or friend of such incapacitated person, such application shall be made within thirty days after the service of summons if served in the state of Washington, and if served out of the state or service is made by publication, then such application shall be made within sixty days after the first publication of summons or within sixty days after the service out of the state. If no such application be made within the time above limited, application may be made by any party to the action. [1996 c 249 § 5; 1899 c 91 § 1; RRS § 188.] Intent—1996 c 249: See note following RCW 2.56.030. 4.08.080 Action on assigned choses in action. Any assignee or assignees of any judgment, bond, specialty, book account, or other chose in action, for the payment of money, by assignment in writing, signed by the person authorized to make the same, may, by virtue of such assignment, sue and maintain an action or actions in his or her name, against the obligor or obligors, debtor or debtors, named in such judgment, bond, specialty, book account, or other chose in action, notwithstanding the assignor may have an interest in the thing assigned: PROVIDED, That any debtor may plead in defense as many defenses, counterclaims and offsets, whether they be such as have heretofore been denominated legal or equitable, or both, if held by him against the original owner, against the debt assigned, save that no counterclaim or offset shall be pleaded against negotiable paper assigned before due, and where the holder thereof has purchased the same in good faith and for value, and is the owner of all interest therein. [1927 c 87 § 1; 1891 c 30 § 2; Code 1881 § 15; 1879 p 122 § 1; 1854 p 131 § 3; RRS § 191.] 4.08.100 Action to recover purchase money on land—Final judgment. In any action brought for the recovery of the purchase money against any person holding a contract for the purchase of lands, the party bound to perform the contract, if not the plaintiff, may be made a party, and the court in a final judgment may order the interest of purchaser to be sold or transferred to the plaintiff upon such terms as may be just, and may also order a specific performance of the contract in favor of the complainant, or the purchaser, in case a sale be ordered. [Code 1881 § 19; 1877 p 6 § 19; 1854 p 219 § 490; RRS § 195.] 4.08.110 Action by public corporations. An action at law may be maintained by any county, incorporated town, school district or other public corporation of like character, in its corporate name, and upon a cause of action accruing to it, in its corporate character and not otherwise, in any of the following cases: (1) Upon a contract made with such public corporation; (2) Upon a liability prescribed by law in favor of such public corporation; (3) To recover a penalty or forfeiture given to such public corporation; (4) To recover damages for an injury to the corporate rights or property of such public corporation. [1953 c 118 (2002 Ed.) Parties to Actions § 1. Prior: Code 1881 § 661; 1869 p 154 § 601; RRS § 950.] 4.08.120 Action against public corporations. An action may be maintained against a county or other of the public corporations mentioned or described in RCW 4.08.110, either upon a contract made by such county, or other public corporation in its corporate character and within the scope of its authority, or for an injury to the rights of the plaintiff arising from some act or omission of such county or other public corporation. [1953 c 118 § 2. Prior: Code 1881 § 662; 1869 p 154 § 602; RRS § 951.] 4.08.140 New party entitled to service of summons. When a new party is introduced into an action as a representative or successor of a former party, such new party is entitled to the same summons to be served in the same manner as required for defendants in the commencement of an action. [1957 c 7 § 1. Prior: Code 1881 §§ 21, 742; 1877 pp 6 and 151 §§ 21, 747; 1873 pp 7 and 176 §§ 21, 682; 1869 pp 6 and 172 §§ 21, 684; 1863 p 194 § 524; 1860 p 99 § 477; 1854 p 219 § 485; RRS § 197.] Rules of court: Cf. CR 3; CR 5. 4.08.150 Substitution and interpleader. A defendant against whom an action is pending upon a contract, or for specific real or personal property, at any time before answer, upon affidavit that a person not a party to the action, and without collusion with him, makes against him a demand for the same debt or property, upon due notice to such person and the adverse party, may apply to the court for an order to substitute such person in his place, and discharge him from liability to either party on his depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct; and the court may make the order. [Code 1881 § 22; 1877 p 6 § 22; 1869 p 7 § 22; 1854 p 132 § 12; RRS § 198.] Rules of court: Interpleader—CR 22; Substitution—CR 25. 4.08.160 Action to determine conflicting claims to property. Anyone having in his possession, or under his control, any property or money, or being indebted, where more than one person claims to be the owner of, entitled to, interested in, or to have a lien on, such property, money or indebtedness, or any part thereof, may commence an action in the superior court against all or any of such persons, and have their rights, claims, interest or liens adjudged, determined and adjusted in such action. [1890 p 93 § 1; RRS § 199.] 4.08.170 Action to determine conflicting claims to property—Disclaimer and deposit in court. In any action commenced under RCW 4.08.160, the plaintiff may disclaim any interest in the money, property or indebtedness, and deposit with the clerk of the court the full amount of such money or indebtedness, or other property, and he shall not be liable for any costs accruing in said action. And the clerks of the various courts shall receive and file such complaint, and all other officers shall execute the necessary processes to carry out the purposes of this section, and RCW (2002 Ed.) 4.08.110 4.08.160 and 4.08.180, free from all charge to said plaintiff, and the court, in its discretion, shall determine the liability for costs of the action. [1890 p 93 § 2; RRS § 200.] 4.08.180 Action to determine conflicting claims to property—Trial of issue. Either of the defendants may set up or show any claim or lien he may have to such property, money or indebtedness, or any part thereof, and the superior right, title or lien, whether legal or equitable, shall prevail. The court or judge thereof may make all necessary orders, during the pendency of said action, for the preservation and protection of the rights, interests or liens of the several parties. [1890 p 94 § 3; RRS § 201.] Chapter 4.12 VENUE—JURISDICTION Sections 4.12.010 4.12.020 4.12.025 Actions to be commenced where subject is situated. Actions to be tried in county where cause arose. Action to be brought where defendant resides—Optional venue of actions upon unlawful issuance of check or draft—Residence of corporations—Optional venue of actions against corporations. 4.12.030 Grounds authorizing change of venue. 4.12.040 Prejudice of judge, transfer to another department, visiting judge—Change of venue generally, criminal cases. 4.12.050 Affidavit of prejudice. 4.12.060 To what county venue may be changed—Limitation on number of changes. 4.12.070 Change to newly created county. 4.12.080 Change by stipulation. 4.12.090 Transmission of record on change of venue—Costs, attorney’s fee. 4.12.100 Transcript of record entries. 4.12.110 Effect of neglect of moving party. 4.12.120 Change deemed complete, when. Rules of court: Venue—CR 82. Actions against nonresident motorist: RCW 46.64.040. 4.12.010 Actions to be commenced where subject is situated. Actions for the following causes shall be commenced in the county in which the subject of the action, or some part thereof, is situated: (1) For the recovery of, for the possession of, for the partition of, for the foreclosure of a mortgage on, or for the determination of all questions affecting the title, or for any injuries to real property. (2) All questions involving the rights to the possession or title to any specific article of personal property, in which last mentioned class of cases, damages may also be awarded for the detention and for injury to such personal property. [Code 1881 § 47; 1877 p 11 § 48; 1869 p 12 § 48; 1860 p 7 § 15; 1854 p 133 § 13; RRS § 204.] 4.12.020 Actions to be tried in county where cause arose. Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose: (1) For the recovery of a penalty or forfeiture imposed by statute; (2) Against a public officer, or person specially appointed to execute his or her duties, for an act done by him or her in virtue of his or her office, or against a person who, by his [Title 4 RCW—page 3] 4.12.020 Title 4 RCW: Civil Procedure or her command or in his or her aid, shall do anything touching the duties of such officer; (3) For the recovery of damages for injuries to the person or for injury to personal property, the plaintiff shall have the option of suing either in the county in which the cause of action or some part thereof arose, or in the county in which the defendant resides, or if there be more than one defendant, where some one of the defendants resides, at the time of the commencement of the action. [2001 c 45 § 2; 1941 c 81 § 1; Code 1881 § 48; 1877 p 11 § 49; 1869 p 12 § 49; 1860 p 7 § 16; 1854 p 133 § 14; Rem. Supp. 1941 § 205.] 4.12.025 Action to be brought where defendant resides—Optional venue of actions upon unlawful issuance of check or draft—Residence of corporations— Optional venue of actions against corporations. (1) An action may be brought in any county in which the defendant resides, or, if there be more than one defendant, where some one of the defendants resides at the time of the commencement of the action. For the purpose of this section, the residence of a corporation defendant shall be deemed to be in any county where the corporation: (a) Transacts business; (b) has an office for the transaction of business; (c) transacted business at the time the cause of action arose; or (d) where any person resides upon whom process may be served upon the corporation. (2) An action upon the unlawful issuance of a check or draft may be brought in any county in which the defendant resides or may be brought in any division of the judicial district in which the check was issued or presented as payment. (3) The venue of any action brought against a corporation, at the option of the plaintiff, shall be: (a) In the county where the tort was committed; (b) in the county where the work was performed for said corporation; (c) in the county where the agreement entered into with the corporation was made; or (d) in the county where the corporation has its residence. [1998 c 56 § 1; 1985 c 68 § 2; 1983 c 31 § 1; 1965 c 53 § 168; 1927 c 173 § 1; RRS § 205-1. Prior: 1909 c 42 § 1; Code 1881 § 49; 1877 p 11 § 50; 1869 p 13 § 50; 1860 p 101 § 488; 1854 p 220 § 494.] 4.12.030 Grounds authorizing change of venue. The court may, on motion, in the following cases, change the place of trial when it appears by affidavit, or other satisfactory proof: (1) That the county designated in the complaint is not the proper county; or, (2) That there is reason to believe that an impartial trial cannot be had therein; or, (3) That the convenience of witnesses or the ends of justice would be forwarded by the change; or, (4) That from any cause the judge is disqualified; which disqualification exists in either of the following cases: In an action or proceeding to which he is a party, or in which he is interested; when he is related to either party by consanguinity or affinity, within the third degree; when he has been of counsel for either party in the action or proceeding. [Code 1881 § 51; 1877 p 12 § 52; 1875 p 6 § 8; 1869 p 13 § 52; 1854 p 134 § 16; RRS § 209.] [Title 4 RCW—page 4] 4.12.040 Prejudice of judge, transfer to another department, visiting judge—Change of venue generally, criminal cases. (1) No judge of a superior court of the state of Washington shall sit to hear or try any action or proceeding when it shall be established as hereinafter provided that said judge is prejudiced against any party or attorney, or the interest of any party or attorney appearing in such cause. In such case the presiding judge in judicial districts where there is more than one judge shall forthwith transfer the action to another department of the same court, or call in a judge from some other court. In all judicial districts where there is only one judge, a certified copy of the motion and affidavit filed in the cause shall be transmitted by the clerk of the superior court to the clerk of the superior court designated by the chief justice of the supreme court. Upon receipt the clerk of said superior court shall transmit the forwarded affidavit to the presiding judge who shall direct a visiting judge to hear and try such action as soon as convenient and practical. (2) The presiding judge in judicial districts where there is more than one judge, or the presiding judge of judicial districts where there is only one judge, may send a case for trial to another court if the convenience of witnesses or the ends of justice will not be interfered with by such a course and the action is of such a character that a change of venue may be ordered: PROVIDED, That in criminal prosecutions the case shall not be sent for trial to any court outside the county unless the accused shall waive his right to a trial by a jury of the county in which the offense is alleged to have been committed. [1989 c 15 § 1; 1961 c 303 § 1; 1927 c 145 § 1; 1911 c 121 § 1; RRS § 209-1.] Criminal proceedings, venue and jurisdiction: Chapter 10.25 RCW. 4.12.050 Affidavit of prejudice. Any party to or any attorney appearing in any action or proceeding in a superior court, may establish such prejudice by motion, supported by affidavit that the judge before whom the action is pending is prejudiced against such party or attorney, so that such party or attorney cannot, or believes that he cannot, have a fair and impartial trial before such judge: PROVIDED, That such motion and affidavit is filed and called to the attention of the judge before he shall have made any ruling whatsoever in the case, either on the motion of the party making the affidavit, or on the motion of any other party to the action, of the hearing of which the party making the affidavit has been given notice, and before the judge presiding has made any order or ruling involving discretion, but the arrangement of the calendar, the setting of an action, motion or proceeding down for hearing or trial, the arraignment of the accused in a criminal action or the fixing of bail, shall not be construed as a ruling or order involving discretion within the meaning of this proviso; and in any event, in counties where there is but one resident judge, such motion and affidavit shall be filed not later than the day on which the case is called to be set for trial: AND PROVIDED FURTHER, That notwithstanding the filing of such motion and affidavit, if the parties shall, by stipulation in writing agree, such judge may hear argument and rule upon any preliminary motions, demurrers, or other matter thereafter presented: AND PROVIDED FURTHER, That no party or attorney shall be permitted to make more than one such application in any action or proceeding under this section and RCW 4.12.040. (2002 Ed.) Venue—Jurisdiction [1941 c 148 § 1; 1927 c 145 § 2; 1911 c 121 § 2; Rem. Supp. 1941 § 209-2.] Rules of court: Demurrers abolished—CR 7(c). 4.12.060 To what county venue may be changed— Limitation on number of changes. If the motion for a change of the place of trial be allowed, the change shall be made to the county where the action ought to have been commenced, if it be for the cause mentioned in RCW 4.12.030(1), and in other cases to the most convenient county where the cause alleged does not exist. Neither party shall be entitled to more than one change of the place of trial, except for causes not in existence when the first change was allowed. [Code 1881 § 52; 1877 p 12 § 53; 1869 p 14 § 53; RRS § 210.] 4.12.070 Change to newly created county. Any party in a civil action pending in the superior court in a county out of whose limits a new county, in whole or in part, has been created, may file with the clerk of such superior court an affidavit setting forth that he is a resident of such newly created county, and that the venue of such action is transitory, or that the venue of such action is local, and that it ought properly to be tried in such newly created county; and thereupon the clerk shall make out a transcript of the proceedings already had in such action in such superior court, and certify it under the seal of the court, and transmit such transcript, together with the papers on file in his office connected with such action, to the clerk of the superior court of such newly created county, wherein it shall be proceeded with as in other cases. [1891 c 33 § 2; Code 1881 § 53; 1877 p 12 § 54; 1869 p 14 § 54; 1854 p 377 § 2; RRS § 211.] 4.12.080 Change by stipulation. Notwithstanding the provisions of RCW 4.12.030 all the parties to the action by stipulation in writing or by consent in open court entered in the records may agree that the place of trial be changed to any county of the state, and thereupon the court must order the change agreed upon. [Code 1881 § 55; 1877 p 13 § 56; RRS § 216.] 4.12.090 Transmission of record on change of venue—Costs, attorney’s fee. (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. 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 (2002 Ed.) 4.12.050 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. [1969 ex.s. c 144 § 1; Code 1881 § 54; 1877 p 12 § 55; 1875 p 7 § 10; 1869 p 14 §§ 55, 56; RRS § 215.] 4.12.100 Transcript of record entries. The clerk of the court must also transmit with the original papers where an order is made changing the place of trial, a certified transcript of all record entries up to and including the order for such change. [Code 1881 § 58; 1877 p 13 § 59; RRS § 219.] 4.12.110 Effect of neglect of moving party. If such papers be not transmitted to the clerk of the proper court within the time prescribed in the order allowing the change, and the delay be caused by the act or omission of the party procuring the change, the adverse party, on motion to the court or judge thereof, may have the order vacated, and thereafter no other change of the place of trial shall be allowed to such party. [Code 1881 § 56; 1877 p 13 § 57; 1869 p 15 § 57; 1854 p 135 § 21; RRS § 217.] 4.12.120 Change deemed complete, when. Upon the filing of the papers with the clerk of the court to which the cause is transferred, the change of venue shall be deemed complete, and thereafter the action shall proceed as though it had been commenced in that court. [Code 1881 § 57; 1877 p 13 § 58; 1869 p 15 § 58; 1854 p 135 § 22; RRS § 218.] Chapter 4.14 REMOVAL OF CERTAIN ACTIONS TO SUPERIOR COURT Sections 4.14.010 4.14.020 4.14.030 4.14.040 Removal of certain actions from justice court to superior court authorized—Grounds—Joint claims or actions— Exceptions. Petition for removal—Contents—Filing—Notice. Orders and process upon removal—Remand of cases improvidently removed. Attached property—Custody. 4.14.010 Removal of certain actions from justice court to superior court authorized—Grounds—Joint claims or actions—Exceptions. Whenever the removal of such action to superior court is required in order to acquire jurisdiction over a third party defendant, who is or may be liable to the defendant for all or part of the judgment and resides outside the county wherein the action was commenced, any civil action which could have been brought in superior court may, if commenced in district court, be removed by the defendant or defendants to the superior court for the county where such action is pending if the district court determines that there are reasonable grounds to believe that a third party may be liable to the plaintiff and issues an order so stating. [Title 4 RCW—page 5] 4.14.010 Title 4 RCW: Civil Procedure Whenever a separate or independent claim or cause of action which would be removable if sued upon alone is joined with one or more otherwise nonremovable claims or causes of action, the entire case may be removed and the superior court may determine all issues therein, or, in its discretion, may remand all matters not otherwise within its original jurisdiction. This section does not apply to cases originally filed in the small claims department of a district court, or transferred to the small claims department pursuant to RCW 12.40.025, except as set forth in RCW 12.40.027. [1997 c 352 § 6; 1967 ex.s. c 46 § 4.] 4.14.020 Petition for removal—Contents—Filing— Notice. (1) A defendant or defendants desiring to remove any civil action from a justice court as authorized by RCW 4.14.010 shall file in the superior court in the county where such action is pending, a verified petition containing a short and plain statement of the facts which entitle him or them to removal together with a copy of all process, pleadings and orders served upon him or them in such action. (2) The petition for removal of a civil action or proceeding shall be filed within twenty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based. If the case stated by the initial pleading is not removable, a petition for removal may be filed within twenty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper, including the defendant’s answer, from which it may first be ascertained that the case is or has become removable. (3) Promptly after the filing of such petition the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the petition with the justice court, which shall effect the removal and the justice court shall proceed no further unless and until the case is remanded. [1967 ex.s. c 46 § 5.] 4.14.030 Orders and process upon removal— Remand of cases improvidently removed. In any case removed from justice court under the provisions of this chapter, the superior court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the justice court or otherwise. If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the superior court shall remand the case, and may order the payment of just costs. A certified copy of the order of remand shall be mailed by the clerk of the superior court to the justice court. The justice court may thereupon proceed with such case. [1967 ex.s. c 46 § 6.] 4.14.040 Attached property—Custody. Whenever any action is removed from a justice court to a superior court under the provisions of this chapter, any attachment or sequestration of the property of the defendant in such action in the justice court shall remain in the custody of the sheriff to answer the final judgment or decree in the same manner as would have been held to answer had the cause been [Title 4 RCW—page 6] brought in the superior court originally. [1967 ex.s. c 46 § 7.] Chapter 4.16 LIMITATION OF ACTIONS Sections 4.16.005 4.16.020 4.16.030 4.16.040 4.16.050 4.16.060 4.16.070 4.16.080 4.16.085 4.16.090 4.16.100 4.16.110 4.16.112 4.16.115 4.16.130 4.16.150 4.16.160 Commencement of actions. Actions to be commenced within ten years—Exception. Actions to foreclose special assessments. Actions limited to six years. Action on irrigation or drainage district warrant. Action on irrigation district bonds. Actions limited to five years. Actions limited to three years. Actions based on product defects, etc. Action to cancel tax deed. Actions limited to two years. Actions limited to one year. Actions for contribution between joint tort feasors. Special provisions for action on penalty. Action for relief not otherwise provided for. Action on mutual open accounts. Application of limitations to actions by state, counties, municipalities. 4.16.170 Tolling of statute—Actions, when deemed commenced or not commenced. 4.16.180 Statute tolled by absence from state, concealment, etc. 4.16.190 Statute tolled by personal disability. 4.16.200 Statute tolled by death. 4.16.210 Statute tolled—By war as to enemy alien. 4.16.220 Statute tolled—As to person in military service of United States. 4.16.230 Statute tolled by judicial proceedings. 4.16.240 Effect of reversal of judgment on appeal. 4.16.250 Disability must exist when right of action accrued. 4.16.260 Coexisting disabilities. 4.16.270 Effect of partial payment. 4.16.280 New promise must be in writing. 4.16.290 Foreign statutes of limitation, how applied. 4.16.300 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property. 4.16.310 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Accrual and limitations of actions or claims. 4.16.320 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Construction. 4.16.325 Actions or claims arising from construction defect claims— Statute tolled. 4.16.340 Actions based on childhood sexual abuse. 4.16.350 Action for injuries resulting from health care or related services—Physicians, dentists, nurses, etc.—Hospitals, clinics, nursing homes, etc. 4.16.360 Application of chapter to paternity action. 4.16.370 Actions against personal representative or trustee for breach of fiduciary duties—Statute of limitations. Claims against counties: RCW 36.32.330; chapter 36.45 RCW. estates: RCW 11.40.051, 11.40.060. the state: RCW 4.92.050. Criminal procedure, limitation of actions: RCW 9A.04.080. Garnishment writ, dismissal after one year: RCW 6.27.310. Lawyer discipline: Rules of court—RLD 12.10. Product liability actions: RCW 7.72.060(3). Tax liability, action by another state, limitation: RCW 4.24.140. Uniform conflict of laws—Limitations act: Chapter 4.18 RCW. Usury, business organizations engaged in lending or real estate development cannot bring action: RCW 19.52.080. (2002 Ed.) Limitation of Actions 4.16.005 Commencement of actions. Except as otherwise provided in this chapter, and except when in special cases a different limitation is prescribed by a statute not contained in this chapter, actions can only be commenced within the periods provided in this chapter after the cause of action has accrued. [1989 c 14 § 1.] 4.16.005 (2) An action upon an account receivable incurred in the ordinary course of business. (3) An action for the rents and profits or for the use and occupation of real estate. [1989 c 38 § 1; 1980 c 105 § 2; 1927 c 137 § 1; Code 1881 § 27; 1854 p 363 § 3; RRS § 157.] Application—1980 c 105: See note following RCW 4.16.020. 4.16.020 Actions to be commenced within ten years—Exception. The period prescribed for the commencement of actions shall be as follows: Within ten years: (1) For actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery unless it appears that the plaintiff, his or her ancestor, predecessor or grantor was seized or possessed of the premises in question within ten years before the commencement of the action. (2) For an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or of any territory or possession of the United States outside the boundaries thereof, or of any extraterritorial court of the United States, unless the period is extended under RCW 6.17.020 or a similar provision in another jurisdiction. (3) Of the eighteenth birthday of the youngest child named in the order for whom support is ordered for an action to collect past due child support that has accrued under an order entered after July 23, 1989, by any of the above-named courts or that has accrued under an administrative order as defined in RCW 74.20A.020(6), which is issued after July 23, 1989. [2002 c 261 § 2; 1994 c 189 § 2; 1989 c 360 § 1; 1984 c 76 § 1; 1980 c 105 § 1; Code 1881 § 26; 1877 p 7 § 26; 1854 p 363 § 2; RRS § 156.] Application—1980 c 105: "This act shall apply to all judgments which have not expired before June 12, 1980." [1980 c 105 § 7.] Adverse possession limitation tolled when personal disability: RCW 7.28.090. recovery of realty, limitation: RCW 7.28.050. 4.16.030 Actions to foreclose special assessments. An action to collect any special assessment for local improvements of any kind against any person, corporation or property whatsoever, or to enforce any lien for any special assessment for local improvements of any kind, whether said action be brought by a municipal corporation or by the holder of any delinquency certificate, or by any other person having the right to bring such an action, shall be commenced within ten years after such assessment shall have become delinquent, or due, or within ten years after the last installment of any such special assessment shall have become delinquent or due when said special assessment is payable in installments. [1907 c 182 § 1; Rem. Supp. 1945 § 10322C1.] Actions brought by code city: RCW 35A.21.200. Actions to foreclose special assessments in cities or towns: RCW 35.50.050. 4.16.040 Actions limited to six years. The following actions shall be commenced within six years: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement. (2002 Ed.) 4.16.050 Action on irrigation or drainage district warrant. Action to enforce any right arising out of the issuance or ownership of any warrant of an irrigation or drainage district organized under the laws of this state, must be brought within six years from and after the date of the issuance of such warrant. [1931 c 75 § 1; RRS § 157-1.] Reviser’s note: Transitional proviso omitted. The proviso reads: "PROVIDED, That this section shall not apply to actions not otherwise barred on warrants heretofore issued, if the same shall be commenced within one year after the taking effect of this act". 4.16.060 Action on irrigation district bonds. No action against any irrigation district organized under the laws of this state, or its officers, to enforce any right or claim arising out of the issuance or ownership of any negotiable bond, payable on a day certain, of the irrigation district, where such district is under contract with the United States, or any department or agency thereof, to sell its lands and its right, title and interest in its distribution canals and pipelines and its water rights, thereby necessitating the discontinuance of the district operation upon fulfillment of the contract, shall be brought after a period of six years from and after the maturity date of such bond. [1939 c 57 § 1; RRS § 157-2.] Reviser’s note: Transitional proviso omitted. The proviso reads: "PROVIDED, That this section shall not apply to actions not otherwise barred on such irrigation district bonds heretofore issued, if the same shall be commenced within six (6) months after the taking effect of this act". 4.16.070 Actions limited to five years. No action for the recovery of any real estate sold by an executor or administrator under the laws of this state shall be maintained by any heir or other person claiming under the deceased, unless it is commenced within five years next after the sale, and no action for any estate sold by a guardian shall be maintained by the ward, or by any person claiming under him, unless commenced within five years next after the termination of the guardianship, except that minors, and other persons under legal disability to sue at the time when the right of action first accrued, may commence such action at any time within three years after the removal of the disability. [1890 p 81 § 1; RRS § 158. Prior: 1863 p 245 §§ 251, 252; 1860 p 205 §§ 217, 218; 1854 p 290 §§ 137, 138.] Age of majority: Chapter 26.28 RCW. Probate actions by and against executors, etc.: Chapter 11.48 RCW. guardianship: Chapters 11.88, 11.92 RCW. sales and mortgages of real estate: Chapter 11.56 RCW; RCW 11.60.010. Sales not voided by irregularities: RCW 11.56.115. 4.16.080 Actions limited to three years. The following actions shall be commenced within three years: (1) An action for waste or trespass upon real property; [Title 4 RCW—page 7] 4.16.080 Title 4 RCW: Civil Procedure (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; (3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument; (4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; (5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape; (6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise. [1989 c 38 § 2; 1937 c 127 § 1; 1923 c 28 § 1; Code 1881 § 28; 1869 p 8 § 28; 1854 p 363 § 4; RRS § 159.] Reviser’s note: Transitional proviso omitted from subsection (6). The proviso reads: "PROVIDED, FURTHER, That no action heretofore barred under the provisions of this paragraph shall be commenced after ninety days from the time this act becomes effective;". 4.16.085 Actions based on product defects, etc. See RCW 7.72.060(3). 4.16.090 Action to cancel tax deed. Actions to set aside or cancel any deed heretofore or hereafter issued by any county treasurer after and upon the sale of lands for general, state, county or municipal taxes, or upon the sale of lands acquired by any county on foreclosure of general, state, county or municipal taxes, or for the recovery of any lands so sold, must be brought within three years from and after the date of the issuance of such treasurer’s deed. [1949 c 74 § 1; 1907 c 173 § 1; Rem. Supp. 1949 § 162.] Reviser’s note: Transitional proviso omitted. The proviso reads: "PROVIDED, This act shall not apply to actions not otherwise barred on deeds heretofore issued if the same be commenced within one year after the passage of this act". 4.16.100 years: Actions limited to two years. Within two [Title 4 RCW—page 8] (1) An action for libel, slander, assault, assault and battery, or false imprisonment. (2) An action upon a statute for a forfeiture or penalty to the state. [Code 1881 § 29; 1877 p 8 § 29; 1869 p 9 § 29; 1854 p 363 § 5; RRS § 160.] Limitation of action for recovery of transportation charges: RCW 81.28.270. 4.16.110 Actions limited to one year. Within one year an action shall be brought against a sheriff, or other officer for the escape of a prisoner arrested or imprisoned on civil process. [1985 c 11 § 2. Prior: 1984 c 149 § 1; Code 1881 § 30; 1877 p 8 § 30; 1869 p 9 § 30; 1854 p 364 § 5; RRS § 161.] Purpose—1985 c 11: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [1985 c 11 § 1.] Severability—1985 c 11: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 11 § 4.] Reviser’s note: 1985 c 11 reenacted RCW 4.16.110 and 4.16.370 without amendment. Short title—Application—1985 c 30: See RCW 11.02.900 and 11.02.901. Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005. Sheriff, civil liability: RCW 36.28.150. 4.16.112 Actions for contribution between joint tort feasors. See RCW 4.22.050. 4.16.115 Special provisions for action on penalty. An action upon a statute for a penalty given in whole or in part to the person who may prosecute for the same, shall be commenced within three years [one year] after the commission of the offense; and if the action be not commenced within one year by a private party, it may be commenced within two years after the commission of the offense in behalf of the state by the prosecuting attorney of the county, where said offense was committed. [1877 p 9 § 31; 1854 p 364 § 6; RRS § 163. Formerly RCW 4.16.140. Cf. Code 1881 § 31.] Reviser’s note: "one year" appeared in Laws of 1854 and 1877; "three years" appears in Code of 1881. 4.16.130 Action for relief not otherwise provided for. An action for relief not hereinbefore provided for, shall be commenced within two years after the cause of action shall have accrued. [Code 1881 § 33; 1877 p 9 § 32; 1854 p 364 § 7; RRS § 165.] Limitation of action to recover taxes paid: RCW 84.68.060. 4.16.150 Action on mutual open accounts. In an action brought to recover a balance due upon a mutual open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side, but whenever a period of more than one year shall have elapsed between any of a series of items or demands, they are not to be deemed such (2002 Ed.) Limitation of Actions an account. [Code 1881 § 34; 1877 p 9 § 33; 1869 p 10 § 33; 1854 p 364 § 8; RRS § 166.] 4.16.160 Application of limitations to actions by state, counties, municipalities. The limitations prescribed in this chapter shall apply to actions brought in the name or for the benefit of any county or other municipality or quasimunicipality of the state, in the same manner as to actions brought by private parties: PROVIDED, That, except as provided in RCW 4.16.310, there shall be no limitation to actions brought in the name or for the benefit of the state, and no claim of right predicated upon the lapse of time shall ever be asserted against the state: AND FURTHER PROVIDED, That no previously existing statute of limitations shall be interposed as a defense to any action brought in the name or for the benefit of the state, although such statute may have run and become fully operative as a defense prior to February 27, 1903, nor shall any cause of action against the state be predicated upon such a statute. [1986 c 305 § 701; 1955 c 43 § 2. Prior: 1903 c 24 § 1; Code 1881 § 35; 1873 p 10 §§ 34, 35; 1869 p 10 §§ 34, 35; 1854 p 364 § 9; RRS § 167, part.] Preamble—1986 c 305: "Tort law in this state has generally been developed by the courts on a case-by-case basis. While this process has resulted in some significant changes in the law, including amelioration of the harshness of many common law doctrines, the legislature has periodically intervened in order to bring about needed reforms. The purpose of this chapter is to enact further reforms in order to create a more equitable distribution of the cost and risk of injury and increase the availability and affordability of insurance. The legislature finds that counties, cities, and other governmental entities are faced with increased exposure to lawsuits and awards and dramatic increases in the cost of insurance coverage. These escalating costs ultimately affect the public through higher taxes, loss of essential services, and loss of the protection provided by adequate insurance. In order to improve the availability and affordability of quality governmental services, comprehensive reform is necessary. The legislature also finds comparable cost increases in professional liability insurance. Escalating malpractice insurance premiums discourage physicians and other health care providers from initiating or continuing their practice or offering needed services to the public and contribute to the rising costs of consumer health care. Other professionals, such as architects and engineers, face similar difficult choices, financial instability, and unlimited risk in providing services to the public. The legislature also finds that general liability insurance is becoming unavailable or unaffordable to many businesses, individuals, and nonprofit organizations in amounts sufficient to cover potential losses. High premiums have discouraged socially and economically desirable activities and encourage many to go without adequate insurance coverage. Therefore, it is the intent of the legislature to reduce costs associated with the tort system, while assuring that adequate and appropriate compensation for persons injured through the fault of others is available." [1986 c 305 § 100.] Report to legislature—1986 c 305: "The insurance commissioner shall submit a report to the legislature by January 1, 1991, on the effects of this act on insurance rates and the availability of insurance coverage and the impact on the civil justice system." [1986 c 305 § 909.] Application—1986 c 305: "Except as provided in sections 202 and 601 of this act and except for section 904 of this act, this act applies to all actions filed on or after August 1, 1986." [1986 c 305 § 910.] Severability—1986 c 305: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 305 § 911.] 4.16.170 Tolling of statute—Actions, when deemed commenced or not commenced. For the purpose of tolling any statute of limitations an action shall be deemed com(2002 Ed.) 4.16.150 menced when the complaint is filed or summons is served whichever occurs first. If service has not been had on the defendant prior to the filing of the complaint, the plaintiff shall cause one or more of the defendants to be served personally, or commence service by publication within ninety days from the date of filing the complaint. If the action is commenced by service on one or more of the defendants or by publication, the plaintiff shall file the summons and complaint within ninety days from the date of service. If following service, the complaint is not so filed, or following filing, service is not so made, the action shall be deemed to not have been commenced for purposes of tolling the statute of limitations. [1971 ex.s. c 131 § 1; 1955 c 43 § 3. Prior: 1903 c 24 § 1; Code 1881 § 35; 1873 p 10 § 35; 1869 p 10 § 35; RRS § 167, part.] 4.16.180 Statute tolled by absence from state, concealment, etc. If the cause of action shall accrue against any person who is a nonresident of this state, or who is a resident of this state and shall be out of the state, or concealed therein, such action may be commenced within the terms herein respectively limited after the coming, or return of such person into the state, or after the end of such concealment; and if after such cause of action shall have accrued, such person shall depart from and reside out of this state, or conceal himself, the time of his absence or concealment shall not be deemed or taken as any part of the time limit for the commencement of such action. [1927 c 132 § 1; Code 1881 § 36; 1854 p 364 § 10; RRS § 168.] 4.16.190 Statute tolled by personal disability. If a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, such incompetency or disability as determined according to chapter 11.88 RCW, or imprisoned on a criminal charge prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action. [1993 c 232 § 1; 1977 ex.s. c 80 § 2; 1971 ex.s. c 292 § 74; Code 1881 § 37; 1877 p 9 § 38; 1869 p 10 § 38; 1861 p 61 § 1; 1854 p 364 § 11; RRS § 169.] Purpose—Intent—1977 ex.s. c 80: "It is the purpose of the legislature in enacting this 1977 amendatory act to provide for a comprehensive revision of out-dated and offensive language, procedures and assumptions that have previously been used to identify and categorize mentally, physically, and sensory handicapped citizens. It is legislative intent that language references such as idiots, imbeciles, feeble-minded or defective persons be deleted and replaced with more appropriate references to reflect current statute law more recently enacted by the federal government and this legislature. It is legislative belief that use of the undefined term "insanity" be avoided in preference to the use of a process for defining incompetency or disability as fully set forth in chapter 11.88 RCW; that language that has allowed or implied a presumption of incompetency or disability on the basis of an apparent condition or appearance be deleted in favor of a reference to necessary due process allowing a judicial determination of the existence or lack of existence of such incompetency or disability." [1977 ex.s. c 80 § 1.] Severability—1977 ex.s. c 80: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 80 § 76.] [Title 4 RCW—page 9] 4.16.190 Title 4 RCW: Civil Procedure Severability—1971 ex.s. c 292: See note following RCW 26.28.010. Adverse possession, personal disability, limitation tolled: RCW 7.28.090. removed. [Code 1881 § 43; 1877 p 10 § 44; 1854 p 365 § 17; RRS § 175.] 4.16.200 Statute tolled by death. Limitations on actions against a person who dies before the expiration of the time otherwise limited for commencement thereof are as set forth in chapter 11.40 RCW. Subject to the limitations on claims against a deceased person under chapter 11.40 RCW, if a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representatives after the expiration of the time and within one year from his death. [1989 c 333 § 8; Code 1881 § 38; 1877 p 9 § 38; 1854 p 364 § 12; RRS § 170.] 4.16.270 Effect of partial payment. When any payment of principal or interest has been or shall be made upon any existing contract, whether it be a bill of exchange, promissory note, bond or other evidence of indebtedness, if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made. [Code 1881 § 45; 1877 p 10 § 46; 1854 p 365 § 19; RRS § 177.] Application—Effective date—1989 c 333: See note following RCW 11.40.010. Decedents claims against, time limits: RCW 11.40.051, 11.40.060. liability for debts: RCW 11.04.270. 4.16.210 Statute tolled—By war as to enemy alien. When a person shall be an alien subject or a citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action. [1941 c 174 § 1, part; Code 1881 § 39; 1854 p 365 § 13; Rem. Supp. 1941 § 171, part.] 4.16.220 Statute tolled—As to person in military service of United States. When the enforcement of civil liabilities against a person in the military service of the United States has been suspended by operation of law, the period of such suspension shall not be a part of the period limited for the commencement of the action. [1941 c 174 § 1, part; Code 1881 § 39; 1854 p 365 § 13; Rem. Supp. 1941 § 171, part.] Application of federal law: RCW 73.16.070. 4.16.230 Statute tolled by judicial proceedings. When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action. [Code 1881 § 40; 1877 p 10 § 41; 1854 p 365 § 14; RRS § 172.] 4.16.240 Effect of reversal of judgment on appeal. If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on error or appeal, the plaintiff, or if he dies and the cause of action survives, his heirs or representatives may commence a new action within one year after reversal. [Code 1881 § 41; 1877 p 10 § 42; 1854 p 365 § 15; RRS § 173.] 4.16.250 Disability must exist when right of action accrued. No person shall avail himself of a disability unless it existed when his right of action accrued. [Code 1881 § 42; 1877 p 10 § 43; 1854 p 365 § 16; RRS § 174.] 4.16.260 Coexisting disabilities. When two or more disabilities shall coexist at the time the right of action accrues, the limitation shall not attach until they all be [Title 4 RCW—page 10] 4.16.280 New promise must be in writing. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter, unless it is contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest. [Code 1881 § 44; 1877 p 10 § 45; 1854 p 365 § 18; RRS § 176.] 4.16.290 Foreign statutes of limitation, how applied. When the cause of action has arisen in another state, territory or country between nonresidents of this state, and by the laws of the state, territory or country where the action arose, an action cannot be maintained thereon by reason of the lapse of time, no action shall be maintained thereon in this state. [Code 1881 § 46; 1877 p 10 § 47; 1854 p 365 § 20; RRS § 178.] 4.16.300 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property. RCW 4.16.300 through 4.16.320 shall apply to all claims or causes of action of any kind against any person, arising from such person having constructed, altered or repaired any improvement upon real property, or having performed or furnished any design, planning, surveying, architectural or construction or engineering services, or supervision or observation of construction, or administration of construction contracts for any construction, alteration or repair of any improvement upon real property. This section is intended to benefit only those persons referenced herein and shall not apply to claims or causes of action against manufacturers. [1986 c 305 § 703; 1967 c 75 § 1.] Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. 4.16.310 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property— Accrual and limitations of actions or claims. All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion of construction, or during the period within six years after the termination of the services enumerated in RCW 4.16.300, whichever is later. The phrase "substantial completion of construction" shall mean the state of completion reached when an improvement upon real property may be used or occupied for its intended use. Any cause of (2002 Ed.) Limitation of Actions action which has not accrued within six years after such substantial completion of construction, or within six years after such termination of services, whichever is later, shall be barred: PROVIDED, That this limitation shall not be asserted as a defense by any owner, tenant or other person in possession and control of the improvement at the time such cause of action accrues. The limitations prescribed in this section apply to all claims or causes of action as set forth in RCW 4.16.300 brought in the name or for the benefit of the state which are made or commenced after June 11, 1986. If a written notice is filed under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the period of time during which the filing of an action is barred under RCW 64.50.020 plus sixty days shall not be a part of the period limited for the commencement of an action, nor for the application of this section. [2002 c 323 § 9; 1986 c 305 § 702; 1967 c 75 § 2.] Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. 4.16.320 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property— Construction. Nothing in RCW 4.16.300 through 4.16.320 shall be construed as extending the period now permitted by law for bringing any kind of action. [1967 c 75 § 3.] 4.16.325 Actions or claims arising from construction defect claims—Statute tolled. If a written notice of claim is served under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the statutes of limitations for construction-related claims are tolled until sixty days after the period of time during which the filing of an action is barred under RCW 64.50.020. [2002 c 323 § 8.] 4.16.340 Actions based on childhood sexual abuse. (1) All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within the later of the following periods: (a) Within three years of the act alleged to have caused the injury or condition; (b) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act; or (c) Within three years of the time the victim discovered that the act caused the injury for which the claim is brought: PROVIDED, That the time limit for commencement of an action under this section is tolled for a child until the child reaches the age of eighteen years. (2) The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse or exploitation. (3) The knowledge of a custodial parent or guardian shall not be imputed to a person under the age of eighteen years. (2002 Ed.) 4.16.310 (4) For purposes of this section, "child" means a person under the age of eighteen years. (5) As used in this section, "childhood sexual abuse" means any act committed by the defendant against a complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 9A.44 RCW or RCW 9.68A.040 or prior laws of similar effect at the time the act was committed. [1991 c 212 § 2; 1989 c 317 § 2; 1988 c 144 § 1.] Finding—Intent—1991 c 212: "The legislature finds that: (1) Childhood sexual abuse is a pervasive problem that affects the safety and well-being of many of our citizens. (2) Childhood sexual abuse is a traumatic experience for the victim causing long-lasting damage. (3) The victim of childhood sexual abuse may repress the memory of the abuse or be unable to connect the abuse to any injury until after the statute of limitations has run. (4) The victim of childhood sexual abuse may be unable to understand or make the connection between childhood sexual abuse and emotional harm or damage until many years after the abuse occurs. (5) Even though victims may be aware of injuries related to the childhood sexual abuse, more serious injuries may be discovered many years later. (6) The legislature enacted RCW 4.16.340 to clarify the application of the discovery rule to childhood sexual abuse cases. At that time the legislature intended to reverse the Washington supreme court decision in Tyson v. Tyson, 107 Wn.2d 72, 727 P.2d 226 (1986). It is still the legislature’s intention that Tyson v. Tyson, 107 Wn.2d 72, 727 P.2d 226 (1986) be reversed, as well as the line of cases that state that discovery of any injury whatsoever caused by an act of childhood sexual abuse commences the statute of limitations. The legislature intends that the earlier discovery of less serious injuries should not affect the statute of limitations for injuries that are discovered later." [1991 c 212 § 1.] Intent—1989 c 317: "(1) The legislature finds that possible confusion may exist in interpreting the statute of limitations provisions for child sexual abuse civil actions in RCW 4.16.190 and 4.16.340 regarding the accrual of a cause of action for a person under age eighteen. The legislature finds that amending RCW 4.16.340 will clarify that the time limit for commencement of an action under RCW 4.16.340 is tolled until the child reaches age eighteen. The 1989 amendment to RCW 4.16.340 is intended as a clarification of existing law and is not intended to be a change in the law. (2) The legislature further finds that the enactment of chapter 145, Laws of 1988, which deleted specific reference to RCW 9A.44.070, 9A.44.080, and 9A.44.100(1)(b) from RCW 9A.04.080 and also deleted those specific referenced provisions from the laws of Washington, did not intend to change the statute of limitations governing those offenses from seven to three years." [1989 c 317 § 1.] Application—1988 c 144: "Sections 1 and 2 of this act apply to all causes of action commenced on or after June 9, 1988, regardless of when the cause of action may have arisen. To this extent, sections 1 and 2 of this act apply retrospectively." [1988 c 144 § 3.] 4.16.350 Action for injuries resulting from health care or related services—Physicians, dentists, nurses, etc.—Hospitals, clinics, nursing homes, etc. Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976 against: (1) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician’s assistant, osteopathic physician’s assistant, nurse practitioner, or physician’s trained mobile intensive care paramedic, including, in the event such person is deceased, his estate or personal representative; (2) An employee or agent of a person described in subsection (1) of this section, acting in the course and scope [Title 4 RCW—page 11] 4.16.350 Title 4 RCW: Civil Procedure of his employment, including, in the event such employee or agent is deceased, his estate or personal representative; or (3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subsection (1) of this section, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his employment, including, in the event such officer, director, employee, or agent is deceased, his estate or personal representative; based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission: PROVIDED, That the time for commencement of an action is tolled upon proof of fraud, intentional concealment, or the presence of a foreign body not intended to have a therapeutic or diagnostic purpose or effect, until the date the patient or the patient’s representative has actual knowledge of the act of fraud or concealment, or of the presence of the foreign body; the patient or the patient’s representative has one year from the date of the actual knowledge in which to commence a civil action for damages. For purposes of this section, notwithstanding RCW 4.16.190, the knowledge of a custodial parent or guardian shall be imputed to a person under the age of eighteen years, and such imputed knowledge shall operate to bar the claim of such minor to the same extent that the claim of an adult would be barred under this section. Any action not commenced in accordance with this section shall be barred. For purposes of this section, with respect to care provided after June 25, 1976, and before August 1, 1986, the knowledge of a custodial parent or guardian shall be imputed as of April 29, 1987, to persons under the age of eighteen years. This section does not apply to a civil action based on intentional conduct brought against those individuals or entities specified in this section by a person for recovery of damages for injury occurring as a result of childhood sexual abuse as defined in RCW 4.16.340(5). [1998 c 147 § 1; 1988 c 144 § 2; 1987 c 212 § 1401; 1986 c 305 § 502; 1975-’76 2nd ex.s. c 56 § 1; 1971 c 80 § 1.] Application—1998 c 147: "This act applies to any cause of action filed on or after June 11, 1998." [1998 c 147 § 2.] Application—1988 c 144: See note following RCW 4.16.340. Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. Severability—1975-’76 2nd ex.s. c 56: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 56 § 15.] Actions for injuries resulting from health care: Chapter 7.70 RCW. Complaint in personal injury actions not to include statement of damages: RCW 4.28.360. Evidence of furnishing or offering to pay medical expenses inadmissible to prove liability in personal injury actions for medical negligence: Chapter 5.64 RCW. Immunity of members of professional review committees, societies, examining, licensing or disciplinary boards from civil suit: RCW 4.24.240. [Title 4 RCW—page 12] Proof and evidence required in actions against hospitals, personnel and members of healing arts: RCW 4.24.290. Verdict or award of future economic damages in personal injury or property damage action may provide for periodic payments: RCW 4.56.260. 4.16.360 Application of chapter to paternity action. This chapter does not limit the time in which an action for determination of paternity may be brought under chapter 26.26 RCW. [1983 1st ex.s. c 41 § 13.] Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060. 4.16.370 Actions against personal representative or trustee for breach of fiduciary duties—Statute of limitations. The statute of limitations for actions against a personal representative or trustee for breach of fiduciary duties is as set forth in RCW 11.96A.070. [1999 c 42 § 602; 1985 c 11 § 3. Prior: 1984 c 149 § 2.] Part headings and captions not law—Effective date—1999 c 42: See RCW 11.96A.901 and 11.96A.902. Short title—Application—1985 c 30: See RCW 11.02.900 and 11.02.901. Purpose—Severability—1985 c 11: See notes following RCW 4.16.110. Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005. Chapter 4.18 UNIFORM CONFLICT OF LAWS— LIMITATIONS ACT Sections 4.18.010 Definitions. 4.18.020 Conflict of laws—Limitation periods. 4.18.030 Rules of law applicable to computation of limitation period. 4.18.040 Application of limitation period of other state—Unfairness. 4.18.900 Short title. 4.18.901 Application of chapter—Existing and future claims. 4.18.902 Uniformity of application and construction of chapter. 4.18.903 Severability—1983 c 152. 4.18.904 Captions not law—1983 c 152. Limitation of actions generally: Chapter 4.16 RCW. 4.18.010 Definitions. As used in this chapter: (1) "Claim" means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute. (2) "State" means a state, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political subdivision of any of them. [1983 c 152 § 1.] 4.18.020 Conflict of laws—Limitation periods. (1) Except as provided by RCW 4.18.040, if a claim is substantively based: (a) Upon the law of one other state, the limitation period of that state applies; or (b) Upon the law of more than one state, the limitation period of one of those states, chosen by the law of conflict of laws of this state, applies. (2) The limitation period of this state applies to all other claims. [1983 c 152 § 2.] (2002 Ed.) Uniform Conflict of Laws—Limitations Act 4.18.030 4.18.030 Rules of law applicable to computation of limitation period. If the statute of limitations of another state applies to the assertion of a claim in this state, the other state’s relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing conflict of laws do not apply. [1983 c 152 § 3.] 4.20.005 Wrongful death—Application of terms. Words in RCW 4.20.010, 4.20.020, and 4.20.030 denoting the singular shall be understood as belonging to a plurality of persons or things. The masculine shall apply also to the feminine, and the word person shall also apply to bodies politic and corporate. [1917 c 123 § 3; RRS § 183-2. Formerly RCW 4.20.010, part.] 4.18.040 Application of limitation period of other state—Unfairness. If the court determines that the limitation period of another state applicable under RCW 4.18.020 and 4.18.030 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies. [1983 c 152 § 4.] 4.20.010 Wrongful death—Right of action. When the death of a person is caused by the wrongful act, neglect or default of another his personal representative may maintain an action for damages against the person causing the death; and although the death shall have been caused under such circumstances as amount, in law, to a felony. [1917 c 123 § 1; RRS § 183. FORMER PARTS OF SECTION: 1917 c 123 § 3 now codified as RCW 4.20.005. Prior: 1909 c 129 § 1; Code 1881 § 8; 1875 p 4 § 4; 1854 p 220 § 496.] 4.18.900 Short title. This chapter may be cited as the Uniform Conflict of Laws—Limitations Act. [1983 c 152 § 7.] 4.18.901 Application of chapter—Existing and future claims. This chapter applies to claims: (1) Accruing after July 24, 1983; or (2) Asserted in a civil action or proceeding more than one year after July 24, 1983, but it does not revive a claim barred before July 24, 1983. [1983 c 152 § 5.] 4.18.902 Uniformity of application and construction of chapter. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [1983 c 152 § 6.] 4.20.020 Wrongful death—Beneficiaries of action. Every such action shall be for the benefit of the wife, husband, child or children, including stepchildren, of the person whose death shall have been so caused. If there be no wife or husband or such child or children, such action may be maintained for the benefit of the parents, sisters or brothers, who may be dependent upon the deceased person for support, and who are resident within the United States at the time of his death. In every such action the jury may give such damages as, under all circumstances of the case, may to them seem just. [1985 c 139 § 1; 1973 1st ex.s. c 154 § 2; 1917 c 123 § 2; RRS § 183-1.] Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 4.18.903 Severability—1983 c 152. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1983 c 152 § 8.] 4.20.030 Workers’ compensation act not affected. RCW 4.20.005, 4.20.010, and 4.20.020 shall not repeal or supersede chapter 74 of the Laws of 1911 [Title 51 RCW] and acts amendatory thereof, or any part thereof. [1917 c 123 § 5; RRS § 183-3.] 4.18.904 Captions not law—1983 c 152. Section captions used in this act constitute no part of the law. [1983 c 152 § 9.] 4.20.046 Survival of actions. (1) All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise, and whether or not such actions would have survived at the common law or prior to the date of enactment of this section: PROVIDED, HOWEVER, That the personal representative shall only be entitled to recover damages for pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by a deceased on behalf of those beneficiaries enumerated in RCW 4.20.020, and such damages are recoverable regardless of whether or not the death was occasioned by the injury that is the basis for the action. The liability of property of a husband and wife held by them as community property to execution in satisfaction of a claim enforceable against such property so held shall not be affected by the death of either or both spouses; and a cause of action shall remain an asset as though both claiming spouses continued to live despite the death of either or both claiming spouses. Chapter 4.20 SURVIVAL OF ACTIONS Sections 4.20.005 4.20.010 4.20.020 4.20.030 4.20.046 4.20.050 Wrongful death—Application of terms. Wrongful death—Right of action. Wrongful death—Beneficiaries of action. Workers’ compensation act not affected. Survival of actions. Action not abated by death or disability if it survives— Substitution. 4.20.060 Action for personal injury survives to surviving spouse, child, stepchildren, or heirs. Action for injury or death of a child: RCW 4.24.010. Actions by and against executors: Chapter 11.48 RCW. Imputation of contributory fault of decedent in wrongful death actions: RCW 4.22.020. (2002 Ed.) [Title 4 RCW—page 13] 4.20.046 Title 4 RCW: Civil Procedure (2) Where death or an injury to person or property, resulting from a wrongful act, neglect or default, occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not occurred simultaneously with such death or injury or had not intervened between the wrongful act, neglect or default and the resulting death or injury, an action to recover damages for such death or injury may be maintained against the personal representative of such person. [1993 c 44 § 1; 1961 c 137 § 1.] 4.20.050 Action not abated by death or disability if it survives—Substitution. No action shall abate by the death, marriage or other disability of the party, or by the transfer of any interest therein, if the cause of action survives or continues; but the court may at any time within one year thereafter, on motion, allow the action to be continued by or against his representatives or successors in interest. [Code 1881 § 17; 1877 p 6 § 17; 1869 p 6 § 17; 1854 p 132 § 11; RRS § 193.] Rules of court: Cf. RAP 3.2, 18.22. 4.20.060 Action for personal injury survives to surviving spouse, child, stepchildren, or heirs. No action for a personal injury to any person occasioning death shall abate, nor shall such right of action determine, by reason of such death, if such person has a surviving spouse or child living, including stepchildren, or leaving no surviving spouse or such children, if there is dependent upon the deceased for support and resident within the United States at the time of decedent’s death, parents, sisters or brothers; but such action may be prosecuted, or commenced and prosecuted, by the executor or administrator of the deceased, in favor of such surviving spouse, or in favor of the surviving spouse and such children, or if no surviving spouse, in favor of such child or children, or if no surviving spouse or such child or children, then in favor of the decedent’s parents, sisters or brothers who may be dependent upon such person for support, and resident in the United States at the time of decedent’s death. [1985 c 139 § 2; 1973 1st ex.s. c 154 § 3; 1927 c 156 § 1; 1909 c 144 § 1; Code 1881 § 18; 1854 p 220 § 495; RRS § 194.] Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. Chapter 4.22 CONTRIBUTORY FAULT—EFFECT— IMPUTATION—CONTRIBUTION— SETTLEMENT AGREEMENTS Sections 4.22.005 4.22.015 4.22.020 4.22.030 4.22.040 4.22.050 4.22.060 4.22.070 4.22.080 Effect of contributory fault. "Fault" defined. Imputation of contributory fault—Spouse or minor child of spouse—Wrongful death actions. Nature of liability. Right of contribution—Indemnity. Enforcement of contribution. Effect of settlement agreement. Percentage of fault—Determination—Exception— Limitations. Year 2000 failure—Actions against agency or public service provider—Definitions. [Title 4 RCW—page 14] 4.22.900 Effective date—1973 1st ex.s. c 138. 4.22.910 Severability—1973 1st ex.s. c 138. 4.22.911 Severability—1981 c 27. 4.22.920 Applicability—1981 c 27. 4.22.925 Applicability—1981 c 27 § 17. Preamble—1981 c 27: See note following RCW 7.72.010. Product liability actions: Chapter 7.72 RCW. 4.22.005 Effect of contributory fault. In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant’s contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance. [1981 c 27 § 8.] 4.22.015 "Fault" defined. "Fault" includes acts or omissions, including misuse of a product, that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability or liability on a product liability claim. The term also includes breach of warranty, unreasonable assumption of risk, and unreasonable failure to avoid an injury or to mitigate damages. Legal requirements of causal relation apply both to fault as the basis for liability and to contributory fault. A comparison of fault for any purpose under RCW 4.22.005 through 4.22.060 shall involve consideration of both the nature of the conduct of the parties to the action and the extent of the causal relation between such conduct and the damages. [1981 c 27 § 9.] 4.22.020 Imputation of contributory fault—Spouse or minor child of spouse—Wrongful death actions. The contributory fault of one spouse shall not be imputed to the other spouse or the minor child of the spouse to diminish recovery in an action by the other spouse or the minor child of the spouse, or his or her legal representative, to recover damages caused by fault resulting in death or in injury to the person or property, whether separate or community, of the spouse. In an action brought for wrongful death or loss of consortium, the contributory fault of the decedent or injured person shall be imputed to the claimant in that action. [1987 c 212 § 801; 1981 c 27 § 10; 1973 1st ex.s. c 138 § 2.] Wrongful death actions: Chapter 4.20 RCW. 4.22.030 Nature of liability. Except as otherwise provided in RCW 4.22.070, if more than one person is liable to a claimant on an indivisible claim for the same injury, death or harm, the liability of such persons shall be joint and several. [1986 c 305 § 402; 1981 c 27 § 11.] Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. 4.22.040 Right of contribution—Indemnity. (1) A right of contribution exists between or among two or more persons who are jointly and severally liable upon the same indivisible claim for the same injury, death or harm, whether (2002 Ed.) Contributory Fault—Effect—Imputation—Contribution—Settlement Agreements or not judgment has been recovered against all or any of them. It may be enforced either in the original action or by a separate action brought for that purpose. The basis for contribution among liable persons is the comparative fault of each such person. However, the court may determine that two or more persons are to be treated as a single person for purposes of contribution. (2) Contribution is available to a person who enters into a settlement with a claimant only (a) if the liability of the person against whom contribution is sought has been extinguished by the settlement and (b) to the extent that the amount paid in settlement was reasonable at the time of the settlement. (3) The common law right of indemnity between active and passive tort feasors is abolished: PROVIDED, That the common law right of indemnity between active and passive tort feasors is not abolished in those cases to which a right of contribution by virtue of RCW 4.22.920(2) does not apply. [1982 c 100 § 1; 1981 c 27 § 12.] Severability—1982 c 100: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 100 § 4.] 4.22.050 Enforcement of contribution. (1) If the comparative fault of the parties to a claim for contribution has been established previously by the court in the original action, a party paying more than that party’s equitable share of the obligation, upon motion, may recover judgment for contribution. (2) If the comparative fault of the parties to the claim for contribution has not been established by the court in the original action, contribution may be enforced in a separate action, whether or not a judgment has been rendered against either the person seeking contribution or the person from whom contribution is being sought. (3) If a judgment has been rendered, the action for contribution must be commenced within one year after the judgment becomes final. If no judgment has been rendered, the person bringing the action for contribution either must have (a) discharged by payment the common liability within the period of the statute of limitations applicable to the claimant’s right of action against him and commenced the action for contribution within one year after payment, or (b) agreed while the action was pending to discharge the common liability and, within one year after the agreement, have paid the liability and commenced an action for contribution. [1981 c 27 § 13.] 4.22.060 Effect of settlement agreement. (1) A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days’ written notice of such intent to all other parties and the court. The court may for good cause authorize a shorter notice period. The notice shall contain a copy of the proposed agreement. A hearing shall be held on the issue of the reasonableness of the amount to be paid with all parties afforded an opportunity to present evidence. A determination by the court that the amount to be paid is reasonable must be secured. If an agreement was entered into prior to the filing of the action, a hearing on the issue of the reasonableness of the amount paid at the time it (2002 Ed.) 4.22.040 was entered into may be held at any time prior to final judgment upon motion of a party. The burden of proof regarding the reasonableness of the settlement offer shall be on the party requesting the settlement. (2) A release, covenant not to sue, covenant not to enforce judgment, or similar agreement entered into by a claimant and a person liable discharges that person from all liability for contribution, but it does not discharge any other persons liable upon the same claim unless it so provides. However, the claim of the releasing person against other persons is reduced by the amount paid pursuant to the agreement unless the amount paid was unreasonable at the time of the agreement in which case the claim shall be reduced by an amount determined by the court to be reasonable. (3) A determination that the amount paid for a release, covenant not to sue, covenant not to enforce judgment, or similar agreement was unreasonable shall not affect the validity of the agreement between the released and releasing persons nor shall any adjustment be made in the amount paid between the parties to the agreement. [1987 c 212 § 1901; 1981 c 27 § 14.] 4.22.070 Percentage of fault—Determination— Exception—Limitations. (1) In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant’s damages except entities immune from liability to the claimant under Title 51 RCW. The sum of the percentages of the total fault attributed to atfault entities shall equal one hundred percent. The entities whose fault shall be determined include the claimant or person suffering personal injury or incurring property damage, defendants, third-party defendants, entities released by the claimant, entities with any other individual defense against the claimant, and entities immune from liability to the claimant, but shall not include those entities immune from liability to the claimant under Title 51 RCW. Judgment shall be entered against each defendant except those who have been released by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an amount which represents that party’s proportionate share of the claimant’s total damages. The liability of each defendant shall be several only and shall not be joint except: (a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both were acting in concert or when a person was acting as an agent or servant of the party. (b) If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimants [claimant’s] total damages. (2) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such defendant’s rights to contribution against another jointly and severally liable defendant, and the effect [Title 4 RCW—page 15] 4.22.070 Title 4 RCW: Civil Procedure of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060. (3)(a) Nothing in this section affects any cause of action relating to hazardous wastes or substances or solid waste disposal sites. (b) Nothing in this section shall affect a cause of action arising from the tortious interference with contracts or business relations. (c) Nothing in this section shall affect any cause of action arising from the manufacture or marketing of a fungible product in a generic form which contains no clearly identifiable shape, color, or marking. [1993 c 496 § 1; 1986 c 305 § 401.] Effective date—1993 c 496: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 496 § 3.] Application—1993 c 496: "This act applies to all causes of action that the parties have not settled or in which judgment has not been entered prior to July 1, 1993." [1993 c 496 § 4.] Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. 4.22.080 Year 2000 failure—Actions against agency or public service provider—Definitions. (Expires December 31, 2009.) (1) The definitions in this section apply throughout this section and RCW 4.24.650, 48.18.560, 51.04.140, and 82.32.420. (a) "Agency" means any state or local government board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch, including elective and legislative offices, institutions of higher education created and supported by state government, counties, cities, towns, special purpose districts, local service districts, municipal corporations, quasi-municipal corporations, and political subdivisions of such agencies and corporations, and any officer, employee, or agent of these entities acting within the scope of the officer, employee, or agent’s employment or duties. "Agency" does not include municipal electric or gas utilities formed under Title 35 RCW or electric public utility districts formed under Title 54 RCW. (b) "Electric cooperative utility" means any nonprofit, member-owned cooperative organized under chapter 23.86 RCW and engaged in the business of distributing electric energy in the state. (c) "Electric mutual utility" means any nonprofit, member-owned corporation or association organized under chapter 24.06 RCW and engaged in the business of distributing electric energy in the state. (d) "Electronic computing device" means any computer hardware or software, computer chip, embedded chip, process control equipment, or other information system used to capture, store, manipulate, or process data, or that controls, monitors, or assists in the operation of physical apparatus that is not primarily used as a computer, but that relies on automation or digital technology to function, including but not limited to vehicles, vessels, buildings, structures, facilities, elevators, medical equipment, traffic signals, factory machinery, and the like. (e) "Public service provider" means any municipal electric or gas utility formed under Title 35 RCW, electric [Title 4 RCW—page 16] public utility district formed under Title 54 RCW, electrical company, as defined in RCW 80.04.010, gas company, as defined in RCW 80.04.010, electric cooperative utility, and electric mutual utility. (f) "Year 2000 failure" means with respect to an electronic computing device, a computing failure that prevents such electronic computing device from accurately interpreting, producing, computing, generating, accounting for, processing, calculating, comparing, or sequencing date or time data from, into, or between the years 1999 and 2000, or with regard to leap year calculations. (2) In any action against an agency or public service provider, whether based in tort, contract, or otherwise, for damages caused in whole or in part by computational or interpretive errors generated by an electronic computing device in connection with a year 2000 failure: (a) Any liability shall be several, not joint, and the liability shall be determined as a percentage of fault in a manner consistent with RCW 4.22.070; and (b) Agencies as defined in this section shall have no liability for the first one hundred dollars of damages per claimant that would otherwise be owed by the agency. (3) This section shall not apply to any action for damages arising from bodily personal injury, or to wrongful death and survival actions under chapter 4.20 RCW or RCW 4.24.010. (4) This section does not apply to any claim or cause of action filed after December 31, 2003. (5) This section expires December 31, 2009. [1999 c 369 § 1.] Effective date—1999 c 369: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 17, 1999]." [1999 c 369 § 7.] 4.22.900 Effective date—1973 1st ex.s. c 138. This act takes effect as of 12:01 a.m. on April 1, 1974. [1973 1st ex.s. c 138 § 3.] 4.22.910 Severability—1973 1st ex.s. c 138. If any provision of this act or the application thereof to any person or circumstance is held unconstitutional, the remainder of this act and the application of such provisions to other persons or circumstances shall not be affected thereby, and it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision. [1973 1st ex.s. c 138 § 4.] 4.22.911 Severability—1981 c 27. If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1981 c 27 § 18.] 4.22.920 Applicability—1981 c 27. (1) Chapter 27, Laws of 1981 shall apply to all claims arising on or after July 26, 1981. (2) Notwithstanding subsection (1) of this section, RCW 4.22.040, 4.22.050, and 4.22.060 shall also apply to all actions in which trial on the underlying action has not taken place prior to July 26, 1981, except that there is no right of (2002 Ed.) Contributory Fault—Effect—Imputation—Contribution—Settlement Agreements contribution in favor of or against any party who has, prior to July 26, 1981, entered into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with the claimant. [1982 c 100 § 2; 1981 c 27 § 15.] 4.24.280 Severability—1982 c 100: See note following RCW 4.22.040. 4.24.295 4.22.925 Applicability—1981 c 27 § 17. In accordance with section 15(1), chapter 27, Laws of 1981, the repeal of RCW 4.22.010 by section 17, chapter 27, Laws of 1981 applies only to claims arising on or after July 26, 1981. RCW 4.22.010 shall continue to apply to claims arising prior to July 26, 1981. [1982 c 100 § 3.] Severability—1982 c 100: See note following RCW 4.22.040. 4.24.290 4.24.300 4.24.310 4.24.312 4.24.314 4.24.316 4.24.320 Chapter 4.24 SPECIAL RIGHTS OF ACTION AND SPECIAL IMMUNITIES Sections 4.24.005 4.24.010 4.24.020 4.24.040 4.24.050 4.24.060 4.24.070 4.24.080 4.24.090 4.24.115 4.24.130 4.24.140 4.24.141 4.24.150 4.24.160 4.24.170 4.24.180 4.24.190 4.24.200 4.24.210 4.24.220 4.24.230 4.24.235 4.24.240 4.24.250 4.24.260 4.24.264 4.24.270 (2002 Ed.) Tort actions—Attorneys’ fees—Determination of reasonableness. Action for injury or death of child. Action by parent for seduction of child. Action for negligently permitting fire to spread. Kindling of fires by persons driving lumber. Application of common law. Recovery of money lost at gambling. Action to recover leased premises used for gambling. Validity of evidence of gambling debt. Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate. Action for change of name—Fees. Action by another state to enforce tax liability. Action by another state to enforce tax liability—"Taxes" defined. Action for fines or forfeitures. Action for penalty—Amount of recovery. Judgment for penalty or forfeiture—Effect of collusion. Disposition of fines, fees, penalties and forfeitures—Venue. Action against parent for willful injury to person or property by minor—Monetary limitation—Common law liability preserved. Liability of owners or others in possession of land and water areas for injuries to recreation users—Purpose. Liability of owners or others in possession of land and water areas for injuries to recreation users—Limitation. Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense. Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without paying—Adults, minors—Parents, guardians—Notice. Physicians—Immunity from liability regarding safety belts. Persons licensed to provide health care or related services, employees, hospitals, clinics, etc.—Professional review committee, society, examining, licensing or disciplinary board members, etc.—Immunity from civil suit. Health care provider filing charges or presenting evidence— Immunity—Records, members, employees, etc., of review committees or boards not subject to process. Physicians, dentists, or pharmacists filing charges or presenting evidence before commissions or board—Immunity. Boards of directors or officers of nonprofit corporations— Liability—Limitations. Physician or hospital rendering emergency care—Immunity from civil liability. 4.24.350 4.24.360 4.24.370 4.24.380 4.24.400 4.24.405 4.24.410 4.24.420 4.24.450 4.24.460 4.24.470 4.24.480 4.24.490 4.24.500 4.24.510 4.24.520 4.24.530 4.24.540 4.24.550 4.24.5501 4.24.5502 4.24.551 4.24.555 4.24.556 4.22.920 Acts or omissions of physician’s trained mobile intensive care paramedic—Immunity from liability. Action for damages based on professional negligence of hospitals or members of healing arts—Standard of proof—Evidence—Exception. Special action for injuries resulting from health care, special procedure. Persons rendering emergency care or transportation— Immunity from liability—Exclusion. Persons rendering emergency care or transportation— Definitions. Person rendering emergency aid in hazardous materials incident—Immunity from liability—Limitations. Person causing hazardous materials incident—Responsibility for incident clean-up—Liability. Emergency care, rescue, assistance, or recovery services in mine rescue or recovery work—Immunity from liability. Action by person damaged by malicious mischief to livestock or by owner damaged by theft of livestock— Treble damages, attorney’s fees. Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracy—Action, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution—Damages and costs—Attorneys’ fees— Definitions. Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Declared void and unenforceable—Exceptions. Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.— "Construction contract" defined. Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.— Prospective application of RCW 4.24.360. Building warden assisting others to evacuate building or attempting to control hazard—Immunity from liability. Action for malicious harassment of another because of race, color, religion, ancestry or national origin. Dog handler using dog in line of duty—Immunity. Action by person committing a felony—Defense—Actions under 42 U.S.C. Sec. 1983. Liability of operators for nuclear incidents—Definitions. Liability of operators for nuclear incidents—Presumption of operator negligence—Rebuttal—Recovery for negligence or against other parties not limited by section. Liability of officials and members of governing body of public agency—Definitions. Liability of members of state hazardous materials planning committee and local emergency planning committees. Indemnification of state employees. Good faith communication to government agency— Legislative findings—Purpose. Communication to government agency or self-regulatory organization—Immunity from civil liability. Good faith communication to government agency—When agency or attorney general may defend against lawsuit— Costs and fees. Limitations on liability for equine activities—Definitions. Limitations on liability for equine activities—Exceptions. Sex offenders and kidnapping offenders—Release of information to public—Web site. Sex offenders—Model policy for disclosure by law enforcement agencies—Development by Washington association of sheriffs and police chiefs. Sex offenders—Consistent approach to risk assessment by agencies to implement 1997 c 364. Law enforcement response to secure community transition facility—Limitation on liability. Release of information not restricted by pending appeal, petition, or writ. Sex offender treatment providers—Limited liability— Responsibilities. [Title 4 RCW—page 17] Chapter 4.24 Title 4 RCW: Civil Procedure 4.24.560 4.24.570 4.24.575 Defense to action for injury caused by indoor air pollutants. Acts against animals in research or educational facilities. Acts against animals kept for agricultural or veterinary purposes. 4.24.580 Acts against animal facilities—Injunction. 4.24.590 Liability of foster parents. 4.24.601 Hazards to the public—Information—Legislative findings, policy, intent. 4.24.611 Product liability/hazardous substance claims—Public right to information—Confidentiality—Damages, costs, attorneys’ fees—Repeal. 4.24.630 Liability for damage to land and property—Damages— Costs—Attorneys’ fees—Exceptions. 4.24.640 Firearm safety program liability. 4.24.650 Year 2000 failure—Affirmative defense to contract action. 4.24.660 Liability of school districts under contracts with youth programs. 4.24.670 Liability of volunteers of nonprofit or governmental entities. 4.24.680 Unlawful release of court and law enforcement employee information. 4.24.690 Unlawful release of court and law enforcement employee information—Court action to prevent. 4.24.700 Unlawful release of court and law enforcement employee information—Damages, fees, and costs. Action for money damages due to gambling violations: RCW 9.46.200. Arson reporting immunity act: Chapter 48.50 RCW. Consent to treatment of minor for sexually transmitted disease, liability: RCW 70.24.110. Food donation and distribution, limitation of liability: Chapter 69.80 RCW. Malpractice insurance for retired physicians providing health care services: RCW 43.70.460. Special proceedings and actions: Title 7 RCW. 4.24.005 Tort actions—Attorneys’ fees— Determination of reasonableness. Any party charged with the payment of attorney’s fees in any tort action may petition the court not later than forty-five days of receipt of a final billing or accounting for a determination of the reasonableness of that party’s attorneys’ fees. The court shall make such a determination and shall take into consideration the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) The fee customarily charged in the locality for similar legal services; (4) The amount involved and the results obtained; (5) The time limitations imposed by the client or by the circumstances; (6) The nature and length of the professional relationship with the client; (7) The experience, reputation, and ability of the lawyer or lawyers performing the services; (8) Whether the fee is fixed or contingent; (9) Whether the fixed or contingent fee agreement was in writing and whether the client was aware of his or her right to petition the court under this section; (10) The terms of the fee agreement. [1987 c 212 § 1601; 1986 c 305 § 201.] Application—1987 c 212 § 1601: "Section 1601 of this act applies to agreements for attorneys’ fees entered into after April 29, 1987." [1987 c 212 § 1602.] [Title 4 RCW—page 18] Application—1986 c 305 § 201: "Section 201 of this act applies to agreements for attorney’s fees entered into after June 11, 1986." [1986 c 305 § 202.] Preamble—Report to legislature—Severability—1986 c 305: See notes following RCW 4.16.160. 4.24.010 Action for injury or death of child. A mother or father, or both, who has regularly contributed to the support of his or her minor child, and the mother or father, or both, of a child on whom either, or both, are dependent for support may maintain or join as a party an action as plaintiff for the injury or death of the child. This section creates only one cause of action, but if the parents of the child are not married, are separated, or not married to each other damages may be awarded to each plaintiff separately, as the trier of fact finds just and equitable. If one parent brings an action under this section and the other parent is not named as a plaintiff, notice of the institution of the suit, together with a copy of the complaint, shall be served upon the other parent: PROVIDED, That notice shall be required only if parentage has been duly established. Such notice shall be in compliance with the statutory requirements for a summons. Such notice shall state that the other parent must join as a party to the suit within twenty days or the right to recover damages under this section shall be barred. Failure of the other parent to timely appear shall bar such parent’s action to recover any part of an award made to the party instituting the suit. In such an action, in addition to damages for medical, hospital, medication expenses, and loss of services and support, damages may be recovered for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship in such amount as, under all the circumstances of the case, may be just. [1998 c 237 § 2; 1973 1st ex.s. c 154 § 4; 1967 ex.s. c 81 § 1; 1927 c 191 § 1; Code 1881 § 9; 1877 p 5 § 9; 1873 p 5 § 10; 1869 p 4 § 9; RRS § 184.] Intent—1998 c 237: "It is the intent of this act to address the constitutional issue of equal protection addressed by the Washington state supreme court in Guard v. Jackson, 132 Wn.2d 660 (1997). The legislature intends to provide a civil cause of action for wrongful injury or death of a minor child to a mother or father, or both, if the mother or father has had significant involvement in the child’s life, including but not limited to, emotional, psychological, or financial support." [1998 c 237 § 1.] Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 4.24.020 Action by parent for seduction of child. A father or mother, may maintain an action as plaintiff for the seduction of a child, and the guardian for the seduction of a ward, though the child or the ward be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service. [1973 1st ex.s. c 154 § 5; Code 1881 § 10; 1877 p 5 § 10; 1869 p 4 § 10; RRS § 185.] Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 4.24.040 Action for negligently permitting fire to spread. If any person shall for any lawful purpose kindle a fire upon his own land, he shall do it at such time and in (2002 Ed.) Special Rights of Action and Special Immunities such manner, and shall take such care of it to prevent it from spreading and doing damage to other persons’ property, as a prudent and careful man would do, and if he fails so to do he shall be liable in an action on the case to any person suffering damage thereby to the full amount of such damage. [Code 1881 § 1226; 1877 p 300 § 3; RRS § 5647.] Reviser’s note: The words "on the case" appear in the 1877 law and in the 1881 enrolled bill but were inadvertently omitted from the printed Code of 1881. See also Pettigrew v. McCoy, 138 Wash. 619. Arson, reckless burning, and malicious mischief: Chapter 9A.48 RCW. 4.24.050 Kindling of fires by persons driving lumber. Persons engaged in driving lumber upon any waters or streams of this state, may kindle fires when necessary for the purposes in which they are engaged, but shall be bound to use the utmost caution to prevent the same from spreading and doing damage; and if they fail so to do, they shall be subject to all liabilities and penalties of RCW 4.24.040, 4.24.050, and 4.24.060, in the same manner as if the privilege granted by this section had not been allowed. [1983 c 3 § 4; Code 1881 § 1228; 1877 p 300 § 5; RRS § 5648.] 4.24.060 Application of common law. The common law right to an action for damages done by fires, is not taken away or diminished by RCW 4.24.040, 4.24.050, and 4.24.060, but it may be pursued; but any person availing himself of the provisions of RCW 4.24.040, shall be barred of his action at common law for the damage so sued for, and no action shall be brought at common law for kindling fires in the manner described in RCW 4.24.050; but if any such fires shall spread and do damage, the person who kindled the same and any person present and concerned in driving such lumber, by whose act or neglect such fire is suffered to spread and do damage shall be liable in an action on the case for the amount of damages thereby sustained. [1983 c 3 § 5; Code 1881 § 1229; 1877 p 300 § 6; RRS § 5649.] 4.24.070 Recovery of money lost at gambling. All persons losing money or anything of value at or on any illegal gambling games shall have a cause of action to recover from the dealer or player winning, or from the proprietor for whose benefit such game was played or dealt, or such money or things of value won, the amount of the money or the value of the thing so lost. [1957 c 7 § 2; Code 1881 § 1255; 1879 p 98 § 3; RRS § 5851.] Gambling: Chapter 9.46 RCW. 4.24.080 Action to recover leased premises used for gambling. It shall be lawful for any person letting or renting any house, room, shop or other building whatsoever, or any boat, booth, garden, or other place, which shall, at any time, be used by the lessee or occupant thereof, or any other person, with his knowledge or consent, for gambling purposes, upon discovery thereof, to avoid and terminate such lease, or contract of occupancy, and to recover immediate possession of the premises by an action at law for that purpose. [1957 c 7 § 3; Code 1881 § 1257; 1879 p 98 § 5; RRS § 5852.] (2002 Ed.) 4.24.040 4.24.090 Validity of evidence of gambling debt. All notes, bills, bonds, mortgages, or other securities, or other conveyances, the consideration for which shall be money, or other things of value, won by playing at any unlawful game, shall be void and of no effect, as between the parties thereto and all other persons, except holders in good faith, without notice of the illegality of such contract or conveyance. [1957 c 7 § 4; Code 1881 § 1254; 1879 p 98 § 2; RRS § 5853.] 4.24.115 Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate. A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, purporting to indemnify against liability for damages arising out of bodily injury to persons or damage to property: (1) Caused by or resulting from the sole negligence of the indemnitee, his agents or employees is against public policy and is void and unenforceable; (2) Caused by or resulting from the concurrent negligence of (a) the indemnitee or the indemnitee’s agents or employees, and (b) the indemnitor or the indemnitor’s agents or employees, is valid and enforceable only to the extent of the indemnitor’s negligence and only if the agreement specifically and expressly provides therefor, and may waive the indemnitor’s immunity under industrial insurance, Title 51 RCW, only if the agreement specifically and expressly provides therefor and the waiver was mutually negotiated by the parties. This subsection applies to agreements entered into after June 11, 1986. [1986 c 305 § 601; 1967 ex.s. c 46 § 2.] Preamble—Report to legislature—Severability—1986 c 305: See notes following RCW 4.16.160. 4.24.130 Action for change of name—Fees. (1) Any person desiring a change of his or her name or that of his or her child or ward, may apply therefor to the district court of the judicial district in which he or she resides, by petition setting forth the reasons for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former. (2) An offender under the jurisdiction of the department of corrections who applies to change his or her name under subsection (1) of this section shall submit a copy of the application to the department of corrections not fewer than five days before the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate penological interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. An offender under the jurisdiction of the depart[Title 4 RCW—page 19] 4.24.130 Title 4 RCW: Civil Procedure ment of corrections who receives an order changing his or her name shall submit a copy of the order to the department of corrections within five days of the entry of the order. Violation of this subsection is a misdemeanor. (3) A sex offender subject to registration under RCW 9A.44.130 who applies to change his or her name under subsection (1) of this section shall follow the procedures set forth in *RCW 9A.44.130(6). (4) The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor. (5) Name change petitions may be filed and shall be heard in superior court when the person desiring a change of his or her name or that of his or her child or ward is a victim of domestic violence as defined in RCW 26.50.010(1) and the person seeks to have the name change file sealed due to reasonable fear for his or her safety or that of his or her child or ward. Upon granting the name change, the superior court shall seal the file if the court finds that the safety of the person seeking the name change or his or her child or ward warrants sealing the file. In all cases filed under this subsection, whether or not the name change petition is granted, there shall be no public access to any court record of the name change filing, proceeding, or order, unless the name change is granted but the file is not sealed. [1998 c 220 § 5; 1995 sp.s. c 19 § 14; 1995 c 246 § 34; 1992 c 30 § 1; 1991 c 33 § 5; Code 1881 § 635; 1877 p 132 § 638; RRS § 998.] *Reviser’s note: RCW 9A.44.130 was amended by 1999 sp.s. c 6 § 2, changing subsection (6) to subsection (7). Severability—1998 c 220: See note following RCW 9A.44.130. Findings—Purpose—Short title—Severability—Effective date— 1995 1st sp.s. c 19: See notes following RCW 72.09.450. Severability—1995 c 246: See note following RCW 26.50.010. Effective date—1991 c 33: See note following RCW 3.66.020. 4.24.140 Action by another state to enforce tax liability. The courts of the state shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state which extends a like comity in respect to the liability for taxes lawfully imposed by the laws of this state and the officials of such state are hereby authorized to bring an action in all the courts of this state for the collection of such taxes: PROVIDED, That the courts of this state shall not recognize claims for such taxes against this state or any of its political subdivisions: PROVIDED, FURTHER, That the time limitations upon the bringing of such actions which may be imposed by the laws of such other state shall not be tolled by the absence from such state of the person from whom the taxes are sought. The certificate of the secretary of state of such other state to the effect that such officials have the authority to collect the taxes sought to be recovered by such action shall be conclusive proof of that authority. [1951 c 166 § 1. FORMER PART OF SECTION: 1951 c 166 § 2 now codified as RCW 4.24.141.] Limitation of actions: Chapter 4.16 RCW. [Title 4 RCW—page 20] 4.24.141 Action by another state to enforce tax liability—"Taxes" defined. The term "taxes" as used in RCW 4.24.140 shall include: (1) Any and all tax assessments lawfully made whether they be based upon a return or other disclosure of the taxpayer, upon information and belief of the taxing authority, or otherwise; (2) Any and all penalties lawfully imposed pursuant to a tax statute; (3) Interest charges lawfully added to the tax liability which constitutes the subject of the action. [1951 c 166 § 2. Formerly RCW 4.24.140, part.] 4.24.150 Action for fines or forfeitures. Fines and forfeitures may be recovered by an action at law in the name of the officer or person to whom they are by law given, or in the name of the officer or person who by law is authorized to prosecute for them. [Code 1881 § 657; 1869 p 153 § 597; RRS § 963.] Limitation of actions: Chapter 4.16 RCW. 4.24.160 Action for penalty—Amount of recovery. When an action shall be commenced for a penalty, which by law is not to exceed a certain amount, the action may be commenced for that amount, and if judgment be given for the plaintiff, it may be for such amount or less, in the discretion of the court, in proportion to the offense. [Code 1881 § 658; 1869 p 153 § 598; RRS § 964.] 4.24.170 Judgment for penalty or forfeiture—Effect of collusion. A recovery of a judgment for a penalty or forfeiture by collusion between the plaintiff and defendant, with intent to save the defendant wholly or partially from the consequences contemplated by law, in case when the penalty or forfeiture is given wholly or partly to the person who prosecutes, shall not bar the recovery of the same by another person. [Code 1881 § 659; 1869 p 153 § 599; RRS § 965.] 4.24.180 Disposition of fines, fees, penalties and forfeitures—Venue. Fines and forfeitures not specially granted or otherwise appropriated by law, when recovered, shall be paid into the school fund of the proper county: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. Whenever, by the provisions of law, any property real or personal shall be forfeited to the state, or to any officer for its use, the action for the recovery of such property may be commenced in any county where the defendant may be found or where such property may be. [1987 c 202 § 115; 1969 ex.s. c 199 § 9; Code 1881 § 660; 1869 p 153 § 600; RRS § 966.] Intent—1987 c 202: See note following RCW 2.04.190. Disposition of fines, fees, costs, penalties and forfeitures: RCW 10.82.070. 4.24.190 Action against parent for willful injury to person or property by minor—Monetary limitation— Common law liability preserved. The parent or parents of any minor child under the age of eighteen years who is (2002 Ed.) Special Rights of Action and Special Immunities living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars. This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence. [1996 c 35 § 2; 1992 c 205 § 116; 1977 ex.s. c 145 § 1; 1967 ex.s. c 46 § 1; 1961 c 99 § 1.] Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010. 4.24.200 Liability of owners or others in possession of land and water areas for injuries to recreation users— Purpose. The purpose of RCW 4.24.200 and 4.24.210 is to encourage owners or others in lawful possession and control of land and water areas or channels to make them available to the public for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon. [1969 ex.s. c 24 § 1; 1967 c 216 § 1.] 4.24.210 Liability of owners or others in possession of land and water areas for injuries to recreation users— Limitation. (1) Except as otherwise provided in subsection (3) of this section, any public or private landowners or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, hanggliding, paragliding, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users. (2) Except as otherwise provided in subsection (3) of this section, any public or private landowner or others in lawful possession and control of any lands whether rural or urban, or water areas or channels and lands adjacent to such areas or channels, who offer or allow such land to be used for purposes of a fish or wildlife cooperative project, or allow access to such land for cleanup of litter or other solid waste, shall not be liable for unintentional injuries to any volunteer group or to any other users. (3) Any public or private landowner, or others in lawful possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting, gathering, and removing of firewood from the land. Nothing in this section shall prevent the liability of such a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial (2002 Ed.) 4.24.190 latent condition for which warning signs have not been conspicuously posted. Nothing in RCW 4.24.200 and 4.24.210 limits or expands in any way the doctrine of attractive nuisance. Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession. (4) For purposes of this section, a license or permit issued for statewide use under authority of *chapter 43.51 RCW, **Title 75, or Title 77 RCW is not a fee. [1997 c 26 § 1; 1992 c 52 § 1. Prior: 1991 c 69 § 1; 1991 c 50 § 1; 1980 c 111 § 1; 1979 c 53 § 1; 1972 ex.s. c 153 § 17; 1969 ex.s. c 24 § 2; 1967 c 216 § 2.] Reviser’s note: *(1) Chapter 43.51 RCW was recodified as chapter 79A.05 RCW pursuant to 1999 c 249 § 1601. **(2) Title 75 RCW was recodified, repealed, and/or decodified in its entirety by 2000 c 107. See Comparative Table for Title 75 RCW in the Table of Disposition of Former RCW Sections, Volume 0. Purpose—1972 ex.s. c 153: See RCW 79A.35.070. Off-road and nonhighway vehicles: Chapter 46.09 RCW. Snowmobiles: Chapter 46.10 RCW. 4.24.220 Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense. In any civil action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the owner of the mercantile establishment, his authorized employee or agent, and that such peace officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit larceny or shoplifting on such premises of such merchandise. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise. [1967 c 76 § 3.] Theft and robbery: Chapter 9A.56 RCW. 4.24.230 Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without paying— Adults, minors—Parents, guardians—Notice. (1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof shall be liable in addition to actual damages, for a penalty to the owner or seller in the amount of the retail value thereof not to exceed one thousand dollars, plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars, plus all reasonable attorney’s fees and [Title 4 RCW—page 21] 4.24.230 Title 4 RCW: Civil Procedure court costs expended by the owner or seller. A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. A person who shall receive any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section. (2) The parent or legal guardian having the custody of an unemancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof, shall be liable as a penalty to the owner or seller for the retail value of such goods, wares, or merchandise not to exceed five hundred dollars plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars, plus all reasonable attorney’s fees and court costs expended by the owner or seller. The parent or legal guardian having the custody of an unemancipated minor, who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. The parent or legal guardian having the custody of an unemancipated minor, who receives any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section. For the purposes of this subsection, liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for the minor child pursuant to court order or action of the department of social and health services. (3) Judgments and claims arising under this section may be assigned. (4) A conviction for violation of chapter 9A.56 RCW shall not be a condition precedent to maintenance of a civil action authorized by this section. (5) An owner or seller demanding payment of a penalty under subsection (1) or (2) of this section shall give written notice to the person or persons from whom the penalty is sought. The notice shall state: "IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision." This notice shall be boldly and conspicuously displayed, in at least the same size type as is used in the demand, and shall be sent with the demand for payment of a penalty described in subsection (1) or (2) of this section. [1994 c 9 § 1; 1987 c 353 § 1; 1981 c 126 § 1; 1977 ex.s. c 134 § 1; 1975 1st ex.s. c 59 § 1.] Obtaining food from restaurant without paying: RCW 19.48.110. 4.24.235 Physicians—Immunity from liability regarding safety belts. A licensed physician shall not be liable for civil damages resulting directly or indirectly from providing, or refusing to provide, a written verification that [Title 4 RCW—page 22] a person under that physician’s care us [is] unable to wear an automotive safety belt. [1986 c 152 § 2.] Safety belts, use required: RCW 46.61.688. 4.24.240 Persons licensed to provide health care or related services, employees, hospitals, clinics, etc.— Professional review committee, society, examining, licensing or disciplinary board members, etc.—Immunity from civil suit. (1)(a) A person licensed by this state to provide health care or related services, including, but not limited to, a licensed acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician’s assistant, osteopathic physician’s assistant, nurse practitioner, including, in the event such person is deceased, his or her estate or personal representative; (b) An employee or agent of a person described in subparagraph (a) of this subsection, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or (c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subparagraph (a) of this subsection, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, trustee, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative; shall be immune from civil action for damages arising out of the good faith performance of their duties on such committees, where such actions are being brought by or on behalf of the person who is being evaluated. (2) No member, employee, staff person, or investigator of a professional review committee shall be liable in a civil action as a result of acts or omissions made in good faith on behalf of the committee; nor shall any person be so liable for filing charges with or supplying information or testimony in good faith to any professional review committee; nor shall a member, employee, staff person, or investigator of a professional society, of a professional examining or licensing board, of a professional disciplinary board, of a governing board of any institution, or of any employer of professionals be so liable for good faith acts or omissions made in full or partial reliance on recommendations or decisions of a professional review committee or examining board. [1995 c 323 § 1; 1985 c 326 § 25; 1975-’76 2nd ex.s. c 56 § 4; 1975 1st ex.s. c 114 § 1; 1969 ex.s. c 157 § 1.] Severability—1975-’76 2nd ex.s. c 56: See note following RCW 4.16.350. 4.24.250 Health care provider filing charges or presenting evidence—Immunity—Records, members, employees, etc., of review committees or boards not subject to process. Any health care provider as defined in RCW 7.70.020 (1) and (2) as now existing or hereafter amended who, in good faith, files charges or presents evidence against another member of their profession based on the claimed incompetency or gross misconduct of such (2002 Ed.) Special Rights of Action and Special Immunities person before a regularly constituted review committee or board of a professional society or hospital whose duty it is to evaluate the competency and qualifications of members of the profession, including limiting the extent of practice of such person in a hospital or similar institution, or before a regularly constituted committee or board of a hospital whose duty it is to review and evaluate the quality of patient care, shall be immune from civil action for damages arising out of such activities. The proceedings, reports, and written records of such committees or boards, or of a member, employee, staff person, or investigator of such a committee or board, shall not be subject to subpoena or discovery proceedings in any civil action, except actions arising out of the recommendations of such committees or boards involving the restriction or revocation of the clinical or staff privileges of a health care provider as defined above. [1981 c 181 § 1; 1979 c 17 § 1; 1977 c 68 § 1; 1975 1st ex.s. c 114 § 2; 1971 ex.s. c 144 § 1.] 4.24.260 Physicians, dentists, or pharmacists filing charges or presenting evidence before commissions or board—Immunity. Physicians licensed under chapter 18.71 RCW, dentists licensed under chapter 18.32 RCW, and pharmacists licensed under chapter 18.64 RCW who, in good faith, file charges or present evidence against another member of their profession based on the claimed incompetency or gross misconduct of such person before the medical quality assurance commission established under chapter 18.71 RCW, in a proceeding under chapter 18.32 RCW, or to the board of pharmacy under RCW 18.64.160 shall be immune from civil action for damages arising out of such activities. [1994 sp.s. c 9 § 701; 1975 1st ex.s. c 114 § 3; 1971 ex.s. c 144 § 2.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. 4.24.264 Boards of directors or officers of nonprofit corporations—Liability—Limitations. (1) Except as provided in subsection (2) of this section, a member of the board of directors or an officer of any nonprofit corporation is not individually liable for any discretionary decision or failure to make a discretionary decision within his or her official capacity as director or officer unless the decision or failure to decide constitutes gross negligence. (2) Nothing in this section shall limit or modify in any manner the duties or liabilities of a director or officer of a corporation to the corporation or the corporation’s members. [1987 c 212 § 1101; 1986 c 305 § 903.] Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. 4.24.270 Physician or hospital rendering emergency care—Immunity from civil liability. See RCW 18.71.220. 4.24.280 Acts or omissions of physician’s trained mobile intensive care paramedic—Immunity from liability. See RCW 18.71.210. 4.24.290 Action for damages based on professional negligence of hospitals or members of healing arts— Standard of proof—Evidence—Exception. In any civil (2002 Ed.) 4.24.250 action for damages based on professional negligence against a hospital which is licensed by the state of Washington or against the personnel of any such hospital, or against a member of the healing arts including, but not limited to, an acupuncturist licensed under chapter 18.06 RCW, a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, a chiropractor licensed under chapter 18.25 RCW, a dentist licensed under chapter 18.32 RCW, a podiatric physician and surgeon licensed under chapter 18.22 RCW, or a nurse licensed under chapter 18.79 RCW, the plaintiff in order to prevail shall be required to prove by a preponderance of the evidence that the defendant or defendants failed to exercise that degree of skill, care, and learning possessed at that time by other persons in the same profession, and that as a proximate result of such failure the plaintiff suffered damages, but in no event shall the provisions of this section apply to an action based on the failure to obtain the informed consent of a patient. [1995 c 323 § 2; 1994 sp.s. c 9 § 702; 1985 c 326 § 26; 1983 c 149 § 1; 1975 1st ex.s. c 35 § 1.] Severability—Headings and captions not law—Effective date— 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Limitations of actions for injuries resulting from health care or related services: RCW 4.16.350. 4.24.295 Special action for injuries resulting from health care, special procedure. See chapter 7.70 RCW. 4.24.300 Persons rendering emergency care or transportation—Immunity from liability—Exclusion. Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or wilful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection. [1985 c 443 § 19; 1975 c 58 § 1.] Severability—Effective date—1985 c 443: See notes following RCW 7.69.010. Citizen’s immunity if aiding police officer: RCW 9.01.055. Infectious disease testing availability: RCW 70.05.180. 4.24.310 Persons rendering emergency care or transportation—Definitions. For the purposes of RCW 4.24.300 the following words and phrases shall have the following meanings unless the context clearly requires otherwise: (1) "Compensation" has its ordinary meaning but does not include: Nominal payments, reimbursement for expenses, or pension benefits; payments made to volunteer parttime and volunteer on-call personnel of fire departments, fire districts, ambulance districts, police departments, or any emergency response organizations; or any payment to a [Title 4 RCW—page 23] 4.24.310 Title 4 RCW: Civil Procedure person employed as a transit operator who is paid for his or her regular work, which work does not routinely include providing emergency care or emergency transportation. (2) "Emergency care" means care, first aid, treatment, or assistance rendered to the injured person in need of immediate medical attention and includes providing or arranging for further medical treatment or care for the injured person. Except with respect to the injured person or persons being transported for further medical treatment or care, the immunity granted by RCW 4.24.300 does not apply to the negligent operation of any motor vehicle. (3) "Scene of an emergency" means the scene of an accident or other sudden or unexpected event or combination of circumstances which calls for immediate action. [1989 c 223 § 1; 1987 c 212 § 501; 1985 c 443 § 20; 1975 c 58 § 2.] 4.24.316 Emergency care, rescue, assistance, or recovery services in mine rescue or recovery work— Immunity from liability. See RCW 38.52.198. Severability—Effective date—1985 c 443: See notes following RCW 7.69.010. Infectious disease testing availability: RCW 70.05.180. *Reviser’s note: RCW 9A.48.080 was amended by 1994 c 261 § 17 deleting subsection (c). 4.24.312 Person rendering emergency aid in hazardous materials incident—Immunity from liability— Limitations. See RCW 70.136.050. 4.24.314 Person causing hazardous materials incident—Responsibility for incident clean-up—Liability. (1) Any person transporting hazardous materials shall clean up any hazardous materials incident that occurs during transportation, and shall take such additional action as may be reasonably necessary after consultation with the designated incident command agency in order to achieve compliance with all applicable federal and state laws and regulations. Any person transporting hazardous materials that is responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, other than the operating employees of a transportation company, is liable to the state or any political subdivision thereof for extraordinary costs incurred by the state or the political subdivision in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident. (2) Any person, other than a person transporting hazardous materials or an operating employee of a company, responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, is liable to a municipal fire department or fire district for extraordinary costs incurred by the municipal fire department or fire district, in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident oversight is assumed by the department of ecology. (3) "Extraordinary costs" as used in this section means those reasonable and necessary costs incurred by a governmental entity in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services, and public works. These shall include, but not be limited to, overtime for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident. [1989 c 406 § 1; 1984 c 165 § 3.] [Title 4 RCW—page 24] 4.24.320 Action by person damaged by malicious mischief to livestock or by owner damaged by theft of livestock—Treble damages, attorney’s fees. Any person who suffers damages as a result of actions described in *RCW 9A.48.080(c) or any owner of a horse, mule, cow, heifer, bull, steer, swine, or sheep who suffers damages as a result of a wilful, unauthorized act described in RCW 9A.56.080 may bring an action against the person or persons committing the act in a court of competent jurisdiction for exemplary damages up to three times the actual damages sustained, plus attorney’s fees. [1979 c 145 § 1; 1977 ex.s. c 174 § 3.] 4.24.350 Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracy—Action, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution—Damages and costs— Attorneys’ fees—Definitions. (1) In any action for damages, whether based on tort or contract or otherwise, a claim or counterclaim for damages may be litigated in the principal action for malicious prosecution on the ground that the action was instituted with knowledge that the same was false, and unfounded, malicious and without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing an action known to be false and unfounded. (2) In any action, claim, or counterclaim brought by a judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution arising out of the performance or purported performance of the public duty of such officer, an arrest or seizure of property need not be an element of the claim, nor do special damages need to be proved. A judicial officer, prosecuting authority, or law enforcement officer prevailing in such an action may be allowed an amount up to one thousand dollars as liquidated damages, together with a reasonable attorneys’ fee, and other costs of suit. A government entity which has provided legal services to the prevailing judicial officer, prosecuting authority, or law enforcement officer has reimbursement rights to any award for reasonable attorneys’ fees and other costs, but shall have no such rights to any liquidated damages allowed. (3) No action may be brought against an attorney under this section solely because of that attorney’s representation of a party in a lawsuit. (4) As used in this section: (a) "Judicial officer" means a justice, judge, magistrate, or other judicial officer of the state or a city, town, or county. (b) "Prosecuting authority" means any officer or employee of the state or a city, town, or county who is authorized by law to initiate a criminal or civil proceeding on behalf of the public. (2002 Ed.) Special Rights of Action and Special Immunities (c) "Law enforcement officer" means a member of the state patrol, a sheriff or deputy sheriff, or a member of the police force of a city, town, university, state college, or port district, or a fish and wildlife officer or ex officio fish and wildlife officer as defined in RCW 77.08.010. [2001 c 253 § 1; 1997 c 206 § 1; 1984 c 133 § 2; 1977 ex.s. c 158 § 1.] Legislative findings—1984 c 133: "The legislature finds that a growing number of unfounded lawsuits, claims, and liens are filed against law enforcement officers, prosecuting authorities, and judges, and against their property, having the purpose and effect of deterring those officers in the exercise of their discretion and inhibiting the performance of their public duties. The legislature also finds that the cost of defending against such unfounded suits, claims and liens is severely burdensome to such officers, and also to the state and the various cities and counties of the state. The purpose of section 2 of this 1984 act is to provide a remedy to those public officers and to the public." [1984 c 133 § 1.] Construction—1984 c 133: "The provisions of section 2 of this 1984 act are remedial and shall be liberally construed." [1984 c 133 § 3.] Severability—1984 c 133: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 133 § 4.] 4.24.360 Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Declared void and unenforceable—Exceptions. Any clause in a construction contract, as defined in RCW 4.24.370, which purports to waive, release, or extinguish the rights of a contractor, subcontractor, or supplier to damages or an equitable adjustment arising out of unreasonable delay in performance which delay is caused by the acts or omissions of the contractee or persons acting for the contractee is against public policy and is void and unenforceable. This section shall not be construed to void any provision in a construction contract, as defined in RCW 4.24.370, which (1) requires notice of delays, (2) provides for arbitration or other procedure for settlement, or (3) provides for reasonable liquidated damages. [1979 ex.s. c 264 § 1.] 4.24.370 Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—"Construction contract" defined. "Construction contract" for purposes of RCW 4.24.360 means any contract or agreement for the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith. [1979 ex.s. c 264 § 2.] 4.24.380 Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Prospective application of RCW 4.24.360. The provisions of RCW 4.24.360 shall apply to contracts or agreements entered into after September 1, 1979. [1979 ex.s. c 264 § 3.] 4.24.400 Building warden assisting others to evacuate building or attempting to control hazard— (2002 Ed.) 4.24.350 Immunity from liability. No building warden, who acts in good faith, with or without compensation, shall be personally liable for civil damages arising from his or her negligent acts or omissions during the course of assigned duties in assisting others to evacuate industrial, commercial, governmental or multi-unit residential buildings or in attempting to control or alleviate a hazard to the building or its occupants caused by fire, earthquake or other threat to life or limb. The term "building warden" means an individual who is assigned to take charge of the occupants on a floor or in an area of a building during an emergency in accordance with a predetermined fire safety or evacuation plan; and/or an individual selected by a municipal fire chief or the chief of the Washington state patrol, through the director of fire protection, after an emergency is in progress to assist in evacuating the occupants of such a building or providing for their safety. This section shall not apply to any acts or omissions constituting gross negligence or wilful or wanton misconduct. [1995 c 369 § 2; 1986 c 266 § 79; 1981 c 320 § 1.] Effective date—1995 c 369: See note following RCW 43.43.930. Severability—1986 c 266: See note following RCW 38.52.005. 4.24.405 Action for malicious harassment of another because of race, color, religion, ancestry or national origin. See RCW 9A.36.080. 4.24.410 Dog handler using dog in line of duty— Immunity. (1) As used in this section: (a) "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler. (b) "Accelerant detection dog" means a dog used exclusively for accelerant detection by the state fire marshal or a fire department and under the control of the state fire marshal or his or her designee or a fire department handler. (c) "Dog handler" means a law enforcement officer who has successfully completed training as prescribed by the Washington state criminal justice training commission in police dog handling, or in the case of an accelerant detection dog, the state fire marshal’s designee or an employee of the fire department authorized by the fire chief to be the dog’s handler. (2) Any dog handler who uses a police dog in the line of duty in good faith is immune from civil action for damages arising out of such use of the police dog or accelerant detection dog. [1993 c 180 § 1; 1989 c 26 § 1; 1982 c 22 § 1.] 4.24.420 Action by person committing a felony— Defense—Actions under 42 U.S.C. Sec. 1983. It is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death and the felony was a proximate cause of the injury or death. However, nothing in this section shall affect a right of action under 42 U.S.C. Sec. 1983. [1987 c 212 § 901; 1986 c 305 § 501.] Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. [Title 4 RCW—page 25] 4.24.450 Title 4 RCW: Civil Procedure 4.24.450 Liability of operators for nuclear incidents—Definitions. Unless the context clearly requires otherwise the following definitions apply throughout RCW 4.24.460: (1) "Nuclear incident" means any occurrence within this state causing, within or without this state, bodily injury, sickness, disease or death; loss or damage to property; or loss of use of property arising out of the resultant radioactive, toxic, explosive, or other hazardous properties of radioactive wastes being stored in or being transported to or from a waste repository in this state. (2) "Operator" means the entity or entities that have been given responsibility for constructing, operating, or monitoring waste repositories or transporting radioactive waste and may include the United States and its federal agencies. (3) "Radioactive waste" includes, but is not limited to, high-level radioactive waste, low-level radioactive waste, transuranic radioactive waste, spent nuclear fuel, and radioactive defense waste. It does not include de minimis radioactive waste. (4) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. (5) "Waste repository" means any system which is intended or may be used for the disposal or storage of radioactive waste including permanent disposal systems, interim storage systems, monitored retrievable storage systems, defense waste storage systems, test and evaluation facilities, or similar systems. [1985 c 275 § 1.] 4.24.460 Liability of operators for nuclear incidents—Presumption of operator negligence—Rebuttal— Recovery for negligence or against other parties not limited by section. (1) Operators are liable for failure to exercise ordinary and reasonable care to protect persons and property subject to injury in nuclear incidents. In addition, operators are liable for operational expenses and emergency purchases incurred by local or state governments in responding to nuclear incidents. (2) If a nuclear incident occurs, there is a presumption that the operator of a waste repository was negligent in constructing, operating, or monitoring the waste repository, or in transporting radioactive waste, and that the operator was an actual cause of the nuclear incident. The presumption may be rebutted by a clear and convincing showing by the operator that the nuclear incident was not the result of the operator’s negligence and that the operator’s negligence was not an actual cause of the nuclear incident. (3) This section does not limit the recovery of parties injured by a nuclear incident against the operators of a waste repository under theories of negligence in selecting contractors, failure to retain adequate controls over the waste repository, vicarious liability for contractors, failure to take reasonable precautionary measures with respect to inherently dangerous activities, and other negligence theories. This section does not limit the recovery of parties injured by a nuclear incident against parties other than operators of a waste facility. [1985 c 275 § 2.] [Title 4 RCW—page 26] 4.24.470 Liability of officials and members of governing body of public agency—Definitions. (1) An appointed or elected official or member of the governing body of a public agency is immune from civil liability for damages for any discretionary decision or failure to make a discretionary decision within his or her official capacity, but liability shall remain on the public agency for the tortious conduct of its officials or members of the governing body. (2) For purposes of this section: (a) "Public agency" means any state agency, board, commission, department, institution of higher education, school district, political subdivision, or unit of local government of this state including but not limited to municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts. (b) "Governing body" means the policy-making body of a public agency. [1987 c 212 § 401.] Actions against local government for tortious conduct: Chapter 4.96 RCW. 4.24.480 Liability of members of state hazardous materials planning committee and local emergency planning committees. Any person who is appointed by the state emergency response commission under the authority of Sec. 301(c) of Title III of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Sec. 11001) to serve on the state hazardous materials planning committee or a local emergency planning committee who, in good faith, assists in the development or review of local plans to respond to hazardous materials incidents is not liable for civil damages as a result of any act or omission in the development, review, or implementation of such plans unless the act or omission constitutes gross negligence or wilful misconduct. [1988 c 42 § 15.] Severability—1988 c 42: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 42 § 19.] 4.24.490 Indemnification of state employees. (1) The state shall indemnify and hold harmless its employees in the amount of any judgment obtained or fine levied against an employee in any state or federal court, or in the amount of the settlement of a claim, or shall pay the judgment, fine, or settlement, if the act or omission that gave rise to the civil or criminal liability was in good faith and occurred while the employee was acting within the scope of his or her employment or duties and the employee is being represented in accordance with RCW 4.92.070. (2) For purposes of this section "state employee" means a member of the civil service or an exempt person under chapter 41.06 RCW, or *higher education personnel under chapter 28B.16 RCW. [1989 c 413 § 3.] *Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281, with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. The powers, duties, and functions of the state higher education personnel board were transferred to the Washington personnel resources board. RCW 28B.16.015 and 41.06.382 were subsequently repealed by 2002 c 354 § 403, effective July 1, 2005. 4.24.500 Good faith communication to government agency—Legislative findings—Purpose. Information (2002 Ed.) Special Rights of Action and Special Immunities provided by citizens concerning potential wrongdoing is vital to effective law enforcement and the efficient operation of government. The legislature finds that the threat of a civil action for damages can act as a deterrent to citizens who wish to report information to federal, state, or local agencies. The costs of defending against such suits can be severely burdensome. The purpose of RCW 4.24.500 through 4.24.520 is to protect individuals who make good-faith reports to appropriate governmental bodies. [1989 c 234 § 1.] 4.24.510 Communication to government agency or self-regulatory organization—Immunity from civil liability. A person who communicates a complaint or information to any branch or agency of federal, state, or local government, or to any self-regulatory organization that regulates persons involved in the securities or futures business and that has been delegated authority by a federal, state, or local government agency and is subject to oversight by the delegating agency, is immune from civil liability for claims based upon the communication to the agency or organization regarding any matter reasonably of concern to that agency or organization. A person prevailing upon the defense provided for in this section is entitled to recover expenses and reasonable attorneys’ fees incurred in establishing the defense and in addition shall receive statutory damages of ten thousand dollars. Statutory damages may be denied if the court finds that the complaint or information was communicated in bad faith. [2002 c 232 § 2; 1999 c 54 § 1; 1989 c 234 § 2.] Intent—2002 c 232: "Strategic lawsuits against public participation, or SLAPP suits, involve communications made to influence a government action or outcome which results in a civil complaint or counterclaim filed against individuals or organizations on a substantive issue of some public interest or social significance. SLAPP suits are designed to intimidate the exercise of First Amendment rights and rights under Article I, section 5 of the Washington state Constitution. Although Washington state adopted the first modern anti-SLAPP law in 1989, that law has, in practice, failed to set forth clear rules for early dismissal review. Since that time, the United States supreme court has made it clear that, as long as the petitioning is aimed at procuring favorable government action, result, product, or outcome, it is protected and the case should be dismissed. Chapter 232, Laws of 2002 amends Washington law to bring it in line with these court decisions which recognizes that the United States Constitution protects advocacy to government, regardless of content or motive, so long as it is designed to have some effect on government decision making." [2002 c 232 § 1.] 4.24.520 Good faith communication to government agency—When agency or attorney general may defend against lawsuit—Costs and fees. In order to protect the free flow of information from citizens to their government, an agency receiving a complaint or information under RCW 4.24.510 may intervene in and defend against any suit precipitated by the communication to the agency. In the event that a local governmental agency does not intervene in and defend against a suit arising from any communication protected under chapter 234, Laws of 1989, the office of the attorney general may intervene in and defend against the suit. An agency prevailing upon the defense provided for in RCW 4.24.510 shall be entitled to recover costs and reasonable attorneys’ fees incurred in establishing the defense. If the agency fails to establish the defense provided for in RCW 4.24.510, the party bringing the action shall be entitled (2002 Ed.) 4.24.500 to recover from the agency costs and reasonable attorney’s fees incurred in proving the defense inapplicable or invalid. [1989 c 234 § 4.] 4.24.530 Limitations on liability for equine activities—Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply to RCW 4.24.530, 4.24.540, and section 3, chapter 292, Laws of 1989. (1) "Equine" means a horse, pony, mule, donkey, or hinny. (2) "Equine activity" means: (a) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (b) equine training and/or teaching activities; (c) boarding equines; (d) riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; and (e) rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor. (3) "Equine activity sponsor" means an individual, group or club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity including but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs, and, operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (4) "Participant" means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. (5) "Engages in an equine activity" means a person who rides, trains, drives, or is a passenger upon an equine, whether mounted or unmounted, and does not mean a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, or ride as a passenger upon an equine. (6) "Equine professional" means a person engaged for compensation (a) in instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine, or, (b) in renting equipment or tack to a participant. [1989 c 292 § 1.] Application—1989 c 292 §§ 1 and 2: "Sections 1 and 2 of this act apply only to causes of action filed on or after July 23, 1989." [1989 c 292 § 3.] 4.24.540 Limitations on liability for equine activities—Exceptions. (1) Except as provided in subsection (2) of this section, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant engaged in an equine activity, and, except as provided in subsection (2) of this section, no participant nor [Title 4 RCW—page 27] 4.24.540 Title 4 RCW: Civil Procedure participant’s representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity. (2)(a) RCW 4.24.530 and 4.24.540 do not apply to the horse racing industry as regulated in chapter 67.16 RCW. (b) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine activity sponsor or an equine professional: (i) If the equine activity sponsor or the equine professional: (A) Provided the equipment or tack and the equipment or tack caused the injury; or (B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, determine the ability of the equine to behave safely with the participant, and determine the ability of the participant to safely manage the particular equine; (ii) If the equine activity sponsor or the equine professional owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted; (iii) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury; (iv) If the equine activity sponsor or the equine professional intentionally injures the participant; (v) Under liability provisions as set forth in the products liability laws; or (vi) Under liability provisions in chapter 16.04, *16.13, or *16.16 RCW. [1989 c 292 § 2.] *Reviser’s note: Chapters 16.13 and 16.16 RCW were each recodified and/or repealed in their entirety by 1989 c 286. For disposition of chapters 16.13 and 16.16 RCW, see Table of Disposition of Former RCW Sections, Volume 0. Application—1989 c 292 §§ 1 and 2: See note following RCW 4.24.530. 4.24.550 Sex offenders and kidnapping offenders— Release of information to public—Web site. (1) In addition to the disclosure under subsection (5) of this section, public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW 9A.44.130 or a kidnapping offense as defined by RCW 9A.44.130; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex of[Title 4 RCW—page 28] fense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW. (2) Except for the information specifically required under subsection (5) of this section, the extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety. (3) Except for the information specifically required under subsection (5) of this section, local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large; and (d) because more localized notification is not feasible and homeless and transient offenders may present unique risks to the community, the agency may also disclose relevant, necessary, and accurate information to the public at large for offenders registered as homeless or transient. (4) The county sheriff with whom an offender classified as risk level III is registered shall cause to be published by legal notice, advertising, or news release a sex offender community notification that conforms to the guidelines established under RCW 4.24.5501 in at least one legal newspaper with general circulation in the area of the sex offender’s registered address or location. The county sheriff shall also cause to be published consistent with this subsection a current list of level III registered sex offenders, twice yearly. Unless the information is posted on the web site described in subsection (5) of this section, this list shall be maintained by the county sheriff on a publicly accessible web site and shall be updated at least once per month. (5)(a) When funded by federal grants or other sources other than state funds, the Washington association of sheriffs and police chiefs shall create and maintain a statewide registered sex offender web site, which shall be available to the public. The web site shall post all level III registered sex offenders in the state of Washington. The web site shall contain, but is not limited to, the registered sex offender’s name, relevant criminal convictions, address by hundred block, physical description, and photograph. The web site shall provide mapping capabilities that display the sex offender’s address by hundred block on a map. The web site shall allow citizens to search for registered sex offenders (2002 Ed.) Special Rights of Action and Special Immunities within the state of Washington by county, city, zip code, last name, type of conviction, and address by hundred block. (b) Until the implementation of (a) of this subsection, the Washington association of sheriffs and police chiefs shall create a web site available to the public that provides electronic links to county-operated web sites that offer sex offender registration information. (6) Local law enforcement agencies that disseminate information pursuant to this section shall: (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents at least fourteen days before the offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender’s move, except that in no case may this notification provision be construed to require an extension of an offender’s release date. The juvenile court shall provide local law enforcement officials with all relevant information on offenders allowed to remain in the community in a timely manner. (7) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized. The decision of a local law enforcement agency or official to classify an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public. (8) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section. (9) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law. (10) When a local law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee or the department of social and health services at the time of the offender’s release from confinement, the law enforcement agency or official shall notify the end of sentence review committee of [or] the department of social and health services and submit its reasons supporting the change in classification. Upon implementation of subsection (5)(a) of this section, notification of the change shall also be sent to (2002 Ed.) 4.24.550 the Washington association of sheriffs and police chiefs. [2002 c 118 § 1. Prior: 2001 c 283 § 2; 2001 c 169 § 2; 1998 c 220 § 6; prior: 1997 c 364 § 1; 1997 c 113 § 2; 1996 c 215 § 1; 1994 c 129 § 2; 1990 c 3 § 117.] Conflict with federal requirements—2002 c 118: "If any provision of this act or its application to any person or circumstance is held invalid due to a conflict with federal law, the conflicting part of this act is inoperative solely to the extent of the conflict, and such holding does not affect the operation of the remainder of this act or the application of the provision to other persons or circumstances." [2002 c 118 § 3.] Severability—1998 c 220: See note following RCW 9A.44.130. Severability—1997 c 364: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 364 § 9.] Findings—1997 c 113: "The legislature finds that offenders who commit kidnapping offenses against minor children pose a substantial threat to the well-being of our communities. Child victims are especially vulnerable and unable to protect themselves. The legislature further finds that requiring sex offenders to register has assisted law enforcement agencies in protecting their communities. Similar registration requirements for offenders who have kidnapped or unlawfully imprisoned a child would also assist law enforcement agencies in protecting the children in their communities from further victimization." [1997 c 113 § 1.] Findings—Intent—1994 c 129: "The legislature finds that members of the public may be alarmed when law enforcement officers notify them that a sex offender who is about to be released from custody will live in or near their neighborhood. The legislature also finds that if the public is provided adequate notice and information, the community can develop constructive plans to prepare themselves and their children for the offender’s release. A sufficient time period allows communities to meet with law enforcement to discuss and prepare for the release, to establish block watches, to obtain information about the rights and responsibilities of the community and the offender, and to provide education and counseling to their children. Therefore, the legislature intends that when law enforcement officials decide to notify the public about a sex offender’s pending release that notice be given at least fourteen days before the offender’s release whenever possible." [1994 c 129 § 1.] Finding—Policy—1990 c 3 § 117: "The legislature finds that sex offenders pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is a paramount governmental interest. The legislature further finds that the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet this paramount concern of public safety. Overly restrictive confidentiality and liability laws governing the release of information about sexual predators have reduced willingness to release information that could be appropriately released under the public disclosure laws, and have increased risks to public safety. Persons found to have committed a sex offense have a reduced expectation of privacy because of the public’s interest in public safety and in the effective operation of government. Release of information about sexual predators to public agencies and under limited circumstances, the general public, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals. Therefore, this state’s policy as expressed in RCW 4.24.550 is to require the exchange of relevant information about sexual predators among public agencies and officials and to authorize the release of necessary and relevant information about sexual predators to members of the general public." [1990 c 3 § 116.] Index, part headings not law—Severability—Effective dates— Application—1990 c 3: See RCW 18.155.900 through 18.155.902. Release of information regarding convicted sex offenders: RCW 9.94A.846. juveniles found to have committed sex offenses: RCW 13.40.217. persons in custody of department of social and health services: RCW 10.77.207, 71.05.427, 71.06.135, 71.09.120. 4.24.5501 Sex offenders—Model policy for disclosure by law enforcement agencies—Development by [Title 4 RCW—page 29] 4.24.5501 Title 4 RCW: Civil Procedure Washington association of sheriffs and police chiefs. (1) By December 1, 1997, the Washington association of sheriffs and police chiefs shall develop a model policy for law enforcement agencies to follow when they disclose information about sex offenders to the public under RCW 4.24.550. The model policy shall be designed to further the objectives of providing adequate notice to the community concerning sex offenders who are or will be residing in the community and of assisting community members in developing constructive plans to prepare themselves and their children for residing near released sex offenders. (2) In developing the policy, the association shall consult with representatives of the following agencies and professions: (a) The department of corrections; (b) the department of social and health services; (c) the indeterminate sentence review board; (d) the Washington state council of police officers; (e) local correctional agencies; (f) the Washington association of prosecuting attorneys; (g) the Washington public defender association; (h) the Washington association for the treatment of sexual abusers; and (i) victim advocates. (3) The model policy shall, at a minimum, include recommendations to address the following issues: (a) Procedures for local agencies or officials to accomplish the notifications required under *RCW 4.24.550(8); (b) contents and form of community notification documents, including procedures for ensuring the accuracy of factual information contained in the notification documents, and ways of protecting the privacy of victims of the offenders’ crimes; (c) methods of distributing community notification documents; (d) methods of providing follow-up notifications to community residents at specified intervals and of disclosing information about offenders to law enforcement agencies in other jurisdictions if necessary to protect the public; (e) methods of educating community residents at public meetings on how they can use the information in the notification document in a reasonable manner to enhance their individual and collective safety; (f) procedures for educating community members regarding the right of sex offenders not to be the subject of harassment or criminal acts as a result of the notification process; and (g) other matters the Washington association of sheriffs and police chiefs deems necessary to ensure the effective and fair administration of RCW 4.24.550. [1997 c 364 § 6.] *Reviser’s note: RCW 4.24.550 was amended by 2001 c 283 § 2, changing subsection (8) to subsection (9). RCW 4.24.550 was subsequently amended by 2002 c 118 § 1, changing subsection (9) to subsection (10). 4.24.5502 Sex offenders—Consistent approach to risk assessment by agencies to implement 1997 c 364. The department of corrections, the department of social and health services, and the indeterminate sentence review board shall jointly develop, by September 1, 1997, a consistent approach to risk assessment for the purposes of implementing chapter 364, Laws of 1997, including consistent standards for classifying sex offenders into risk levels I, II, and III. [1999 c 372 § 1; 1997 c 364 § 7.] 4.24.551 Law enforcement response to secure community transition facility—Limitation on liability. (1) Law enforcement shall respond to a call regarding a resident [Title 4 RCW—page 30] of a secure community transition facility as a high priority call. (2) No law enforcement officer responding reasonably and in good faith to a call regarding a resident of a secure community transition facility shall be held liable nor shall the city or county employing the officer be held liable, in any cause of action for civil damages based on the acts of the resident or the actions of the officer during the response. [2002 c 68 § 3.] Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200. 4.24.555 Release of information not restricted by pending appeal, petition, or writ. An offender’s pending appeal, petition for personal restraint, or writ of habeas corpus shall not restrict the agency’s, official’s, or employee’s authority to release relevant information concerning an offender’s prior criminal history. However, the agency must release the latest dispositions of the charges as provided in chapter 10.97 RCW, the Washington state criminal records privacy act. [1990 c 3 § 118.] Index, part headings not law—Severability—Effective dates— Application—1990 c 3: See RCW 18.155.900 through 18.155.902. 4.24.556 Sex offender treatment providers—Limited liability—Responsibilities. (1) A certified sex offender treatment provider, acting in the course of his or her duties, providing treatment to a person who has been released to a less restrictive alternative under chapter 71.09 RCW or to a level III sex offender on community custody as a court or department ordered condition of sentence is not negligent because he or she treats a high risk offender; sex offenders are known to have a risk of reoffense. The treatment provider is not liable for civil damages resulting from the reoffense of a client unless the treatment provider’s acts or omissions constituted gross negligence or willful or wanton misconduct. This limited liability provision does not eliminate the treatment provider’s duty to warn of and protect from a client’s threatened violent behavior if the client communicates a serious threat of physical violence against a reasonably ascertainable victim or victims. In addition to any other requirements to report violations, the sex offender treatment provider is obligated to report an offender’s expressions of intent to harm or other predatory behavior, whether or not there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment. This limited liability provision applies only to the conduct of certified sex offender treatment providers and not the conduct of the state. (2) Sex offender treatment providers who provide services to the department of corrections by identifying risk factors and notifying the department of risks for the subset of high risk offenders who are not amenable to treatment and who are under court order for treatment or supervision are practicing within the scope of their profession. [2001 2nd sp.s. c 12 § 403.] Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250. (2002 Ed.) Special Rights of Action and Special Immunities 4.24.560 Defense to action for injury caused by indoor air pollutants. It is a defense in a civil action brought for damages for injury caused by indoor air pollutants in a residential structure on which construction was begun on or after July 1, 1991, that the builder or design professional complied in good faith, without negligence or misconduct, with: (1) Building product safety standards, including labeling; (2) Restrictions on the use of building materials known or believed to contain substances that contribute to indoor air pollution; and (3) The ventilation and radon resistive construction requirements adopted under RCW 19.27.190. [1992 c 132 § 2; 1990 c 2 § 8.] Effective dates—1990 c 2: See note following RCW 19.27.040. Findings—Severability—1990 c 2: See notes following RCW 19.27A.015. 4.24.570 Acts against animals in research or educational facilities. (1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort by (a) taking, releasing, destroying, contaminating, or damaging any animal or animals kept in a research or educational facility, where the animal or animals are used or to be used for medical research or other research purposes, or for educational purposes; or (b) destroying or damaging any records, equipment, research product, or other thing pertaining to such animal or animals. (2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort. However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish the member’s liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection. (3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys’ fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff. [1991 c 325 § 3.] Severability—1991 c 325: See note following RCW 9.08.080. Criminal acts against animal facilities: RCW 9.08.080, 9.08.090. 4.24.575 Acts against animals kept for agricultural or veterinary purposes. (1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort by taking, releasing, destroying or damaging any animal or animals kept by a person for agricultural production purposes or by a veterinarian for veterinary purposes; or by destroying or damaging any farm or veterinary equipment or supplies pertaining to such animal or animals. (2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort (2002 Ed.) 4.24.560 covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort. However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish the member’s liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection. (3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys’ fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff. (4) "Agricultural production," for purposes of this section, means all activities associated with the raising of animals for agricultural purposes, including but not limited to animals raised for wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural purposes. [1991 c 325 § 4.] Severability—1991 c 325: See note following RCW 9.08.080. Criminal acts against animal facilities: RCW 9.08.080, 9.08.090. 4.24.580 Acts against animal facilities—Injunction. Any individual having reason to believe that he or she may be injured by the commission of an intentional tort under RCW 4.24.570 or 4.24.575 may apply for injunctive relief to prevent the occurrence of the tort. Any individual who owns or is employed at a research or educational facility or an agricultural production facility where animals are used for research, educational, or agricultural purposes who is harassed, or believes that he or she is about to be harassed, by an organization, person, or persons whose intent is to stop or modify the facility’s use or uses of an animal or animals, may apply for injunctive relief to prevent the harassment. For the purposes of this section: (1) "Agricultural production" means all activities associated with the raising of animals for agricultural purposes, including but not limited to animals raised for wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural purposes; and (2) "Harassment" means any threat, without lawful authority, that the recipient has good reason to fear will be carried out, that is knowingly made for the purpose of stopping or modifying the use of animals, and that either (a) would cause injury to the person or property of the recipient, or result in the recipient’s physical confinement or restraint, or (b) is a malicious threat to do any other act intended to substantially cause harm to the recipient’s mental health or safety. [1991 c 325 § 5.] Severability—1991 c 325: See note following RCW 9.08.080. 4.24.590 Liability of foster parents. In actions for personal injury or property damage commenced by foster children or their parents against foster parents licensed pursuant to chapter 74.15 RCW, the liability of foster parents for the care and supervision of foster children shall be the [Title 4 RCW—page 31] 4.24.590 Title 4 RCW: Civil Procedure same as the liability of biological and adoptive parents for the care and supervision of their children. [1991 c 283 § 3.] Findings—Effective date—1991 c 283: See notes following RCW 74.14B.080. 4.24.601 Hazards to the public—Information— Legislative findings, policy, intent. The legislature finds that public health and safety is promoted when the public has knowledge that enables members of the public to make informed choices about risks to their health and safety. Therefore, the legislature declares as a matter of public policy that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards to the public. The legislature also recognizes that protection of trade secrets, other confidential research, development, or commercial information concerning products or business methods promotes business activity and prevents unfair competition. Therefore, the legislature declares it a matter of public policy that the confidentiality of such information be protected and its unnecessary disclosure be prevented. [1994 c 42 § 1.] Application—1994 c 42: "This act applies to all confidentiality provisions entered or executed with respect to product liability/hazardous substance claims on or after May 1, 1994." [1994 c 42 § 3.] Effective date—1994 c 42: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect May 1, 1994." [1994 c 42 § 4.] 4.24.611 Product liability/hazardous substance claims—Public right to information—Confidentiality— Damages, costs, attorneys’ fees—Repeal. As used in RCW 4.24.601 and this section: (1)(a) "Product liability/hazardous substance claim" means a claim for damages for personal injury, wrongful death, or property damage caused by a product or hazardous or toxic substances, that is an alleged hazard to the public and that presents an alleged risk of similar injury to other members of the public. (b) "Confidentiality provision" means any terms in a court order or a private agreement settling, concluding, or terminating a product liability/hazardous substance claim, that limit the possession, disclosure, or dissemination of information about an alleged hazard to the public, whether those terms are integrated in the order or private agreement or written separately. (c) "Members of the public" includes any individual, group of individuals, partnership, corporation, or association. (2) Except as provided in subsection (4) of this section, members of the public have a right to information necessary for a lay member of the public to understand the nature, source, and extent of the risk from alleged hazards to the public. (3) Except as provided in subsection (4) of this section, members of the public have a right to the protection of trade secrets as defined in RCW 19.108.010, other confidential research, development, or commercial information concerning products or business methods. (4)(a) Nothing in this chapter shall limit the issuance of any protective or discovery orders during the course of litigation pursuant to court rules. [Title 4 RCW—page 32] (b) Confidentiality provisions may be entered into or ordered or enforced by the court only if the court finds, based on the evidence, that the confidentiality provision is in the public interest. In determining the public interest, the court shall balance the right of the public to information regarding the alleged risk to the public from the product or substance as provided in subsection (2) of this section against the right of the public to protect the confidentiality of information as provided in subsection (3) of this section. (5)(a) Any confidentiality provisions that are not adopted consistent with the provisions of this section are voidable by the court. (b) Any confidentiality provisions that are determined to be void are severable from the remainder of the order or agreement notwithstanding any provision to the contrary and the remainder of the order or agreement shall remain in force. (c) Nothing in RCW 4.24.601 and this section prevents the court from denying the request for confidentiality provisions under other law nor limits the scope of discovery pursuant to applicable court rules. (6) In cases of third party actions challenging confidentiality provisions in orders or agreements, the court has discretion to award to the prevailing party actual damages, costs, reasonable attorneys’ fees, and such other terms as the court deems just. (7) The following acts or parts of acts are each repealed on May 1, 1994: (a) RCW 4.24.600 and 1993 c 17 § 1; (b) RCW 4.24.610 and 1993 c 17 § 2; (c) RCW 4.24.620 and 1993 c 17 § 3; (d) RCW 4.16.380 and 1993 c 17 § 5; and (e) 1993 c 17 § 4 (uncodified). [1994 c 42 § 2.] Application—Effective date—1994 c 42: See notes following RCW 4.24.601. 4.24.630 Liability for damage to land and property—Damages—Costs—Attorneys’ fees—Exceptions. (1) Every person who goes onto the land of another and who removes timber, crops, minerals, or other similar valuable property from the land, or wrongfully causes waste or injury to the land, or wrongfully injures personal property or improvements to real estate on the land, is liable to the injured party for treble the amount of the damages caused by the removal, waste, or injury. For purposes of this section, a person acts "wrongfully" if the person intentionally and unreasonably commits the act or acts while knowing, or having reason to know, that he or she lacks authorization to so act. Damages recoverable under this section include, but are not limited to, damages for the market value of the property removed or injured, and for injury to the land, including the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party’s reasonable costs, including but not limited to investigative costs and reasonable attorneys’ fees and other litigationrelated costs. (2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 79.01.756, 79.01.760, 79.40.070, or where there is immunity from liability under RCW 64.12.035. [1999 c 248 § 2; 1994 c 280 § 1.] (2002 Ed.) Special Rights of Action and Special Immunities Severability—1999 c 248: See note following RCW 64.12.035. 4.24.640 Firearm safety program liability. No person who owns, operates, is employed by, or volunteers at a program approved under RCW 77.32.155 shall be liable for any injury that occurs while the person who suffered the injury is participating in the course, unless the injury is the result of gross negligence. [1994 sp.s. c 7 § 513.] Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 4.24.630 (6) This section does not affect those transactions upon which a default has occurred before any disruption of financial or data transfer operations attributable to a year 2000 failure. (7) This section does not apply to or affect any contract that specifically provides for a year 2000 failure. (8) This section does not apply to any claim or cause of action filed after December 31, 2003. (9) This section expires December 31, 2006. [1999 c 369 § 2.] Effective date—1999 c 369: See note following RCW 4.22.080. 4.24.650 Year 2000 failure—Affirmative defense to contract action. (Expires December 31, 2006.) (1) A person has an affirmative defense to any claim or action, based on a contract, brought against the person if he or she establishes that: (a) The default, failure to pay, breach, omission, or other violation that is the basis of the claim against him or her was caused, in whole or in part, by a year 2000 failure associated with an electronic computing device; (b) The year 2000 failure being asserted was not proximately caused by a failure of the person to update an electronic computing device, that is under his or her dominion or control, to be year 2000 compliant; and (c) If it were not for the year 2000 failure, the person would have been able to satisfy the contractual obligation that was the basis of the claim. (2) If an affirmative defense as set forth in subsection (1) of this section is established, then the person or entity making the claim may not reassert the claim against which the affirmative defense was asserted for a period of thirty days from the date on which the court dismissed the case as a result of the affirmative defense. Any statute of limitations applicable to the claim shall be tolled for forty-five days upon the dismissal of the case under this section. (3) The dismissal of an action as the result of the affirmative defense under this section does not impair, extinguish, discharge, satisfy, or otherwise affect the underlying obligation that is the basis of the claim against which the affirmative defense was asserted. However, the ability of a party to bring the claim based upon the obligation is delayed as set forth in subsection (2) of this section. (4) A person who has established an affirmative defense as set forth in subsection (1) of this section may dispute directly with a credit reporting agency operating in this state any item of information in the person’s consumer file relating to the subject of the affirmative defense. The dispute shall be filed in accordance with RCW 19.182.090(6). If requested by the person under this subsection (4), the credit reporting agency shall furnish a statement, made in accordance with RCW 19.182.090(7), to the person and include the statement in the person’s consumer file. The credit reporting agency may not charge the person a fee for the inclusion of this statement in the person’s consumer file. (5)(a) The definitions in RCW 4.22.080 apply to this section unless the context clearly requires otherwise. (b) As used in this section, unless the context clearly requires otherwise, "person" means a natural person or a small business as defined in RCW 19.85.020. (2002 Ed.) 4.24.660 Liability of school districts under contracts with youth programs. (1) A school district shall not be liable for an injury to or the death of a person due to action or inaction of persons employed by, or under contract with, a youth program if: (a) The action or inaction takes place on school property and during the delivery of services of the youth program; (b) The private nonprofit group provides proof of being insured, under an accident and liability policy issued by an insurance company authorized to do business in this state, that covers any injury or damage arising from delivery of its services. Coverage for a policy meeting the requirements of this section must be at least fifty thousand dollars due to bodily injury or death of one person, or at least one hundred thousand dollars due to bodily injury or death of two or more persons in any incident; and (c) The group provides proof of such insurance before the first use of the school facilities. The immunity granted shall last only as long as the insurance remains in effect. (2) Immunity under this section does not apply to any school district before January 1, 2000. (3) As used in this section, "youth programs" means any program or service, offered by a private nonprofit group, that is operated primarily to provide persons under the age of eighteen with opportunities to participate in services or programs. (4) This section does not impair or change the ability of any person to recover damages for harm done by: (a) Any contractor or employee of a school district acting in his or her capacity as a contractor or employee; or (b) the existence of unsafe facilities or structures or programs of any school district. [1999 c 316 § 3.] Intent—Effective date—1999 c 316: See notes following RCW 28A.335.155. 4.24.670 Liability of volunteers of nonprofit or governmental entities. (1) Except as provided in subsection (2) of this section, a volunteer of a nonprofit organization or governmental entity shall not be personally liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if: (a) The volunteer was acting within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity at the time of the act or omission; (b) If appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice, where the activities were or practice was undertaken within the scope of the [Title 4 RCW—page 33] 4.24.670 Title 4 RCW: Civil Procedure volunteer’s responsibilities in the nonprofit organization or governmental entity; (c) The harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer; (d) The harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner of the vehicle, craft, or vessel to either possess an operator’s license or maintain insurance; and (e) The nonprofit organization carries public liability insurance covering the organization’s liability for harm caused to others for which it is directly or vicariously liable of not less than the following amounts: (i) For organizations with gross revenues of less than twenty-five thousand dollars, at least fifty thousand dollars due to the bodily injury or death of one person or at least one hundred thousand dollars due to the bodily injury or death of two or more persons; (ii) For organizations with gross revenues of twenty-five thousand dollars or more but less than one hundred thousand dollars, at least one hundred thousand dollars due to the bodily injury or death of one person or at least two hundred thousand dollars due to the bodily injury or death of two or more persons; (iii) For organizations with gross revenues of one hundred thousand dollars or more, at least five hundred thousand dollars due to bodily injury or death. (2) Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of the organization or entity. (3) Nothing in this section shall be construed to affect the liability, or vicarious liability, of any nonprofit organization or governmental entity with respect to harm caused to any person, including harm caused by the negligence of a volunteer. (4) Nothing in this section shall be construed to apply to the emergency workers registered in accordance with chapter 38.52 RCW nor to the related volunteer organizations to which they may belong. (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Economic loss" means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities. (b) "Harm" includes physical, nonphysical, economic, and noneconomic losses. (c) "Noneconomic loss" means loss for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium other than loss of domestic service, hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (d) "Nonprofit organization" means: (i) Any organization described in section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) and exempt from tax under section 501(a) of the internal revenue code; (ii) [Title 4 RCW—page 34] any not-for-profit organization that is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes; or (iii) any organization described in section 501(c)(14)(A) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(14)(A)) and exempt from tax under section 501(a) of the internal revenue code. (e) "Volunteer" means an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation, other than reasonable reimbursement or allowance for expenses actually incurred, or any other thing of value, in excess of five hundred dollars per year. "Volunteer" includes a volunteer serving as a director, officer, trustee, or direct service volunteer. [2001 c 209 § 1.] 4.24.680 Unlawful release of court and law enforcement employee information. A person or organization shall not, with the intent to harm or intimidate, sell, trade, give, publish, distribute, or otherwise release the residential address, residential telephone number, birthdate, or social security number of any law enforcement-related, corrections officer-related, or court-related employee or volunteer, or someone with a similar name, and categorize them as such, without the express written permission of the employee or volunteer unless specifically exempted by law or court order. [2002 c 336 § 1.] 4.24.690 Unlawful release of court and law enforcement employee information—Court action to prevent. (1) Whenever it appears that any person or organization is engaged in or about to engage in any act that constitutes or will constitute a violation of RCW 4.24.680, the prosecuting attorney or any person harmed by an alleged violation of RCW 4.24.680 may initiate a civil proceeding in superior court to enjoin such violation, and may petition the court to issue an order for the discontinuance of the dissemination of information in violation of RCW 4.24.680. (2) An action under this section shall be brought in the county in which the violation is alleged to have taken place, and shall be commenced by the filing of a verified complaint, or shall be accompanied by an affidavit. (3) If it is shown to the satisfaction of the court, either by verified complaint or affidavit, that a person or organization is engaged in or about to engage in any act that constitutes a violation of RCW 4.24.680, the court may issue a temporary restraining order to abate and prevent the continuance or recurrence of the act. (4) The court may issue a permanent injunction to restrain, abate, or prevent the continuance or recurrence of the violation of RCW 4.24.680. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction. The court may retain jurisdiction of the case for the purpose of enforcing its orders. [2002 c 336 § 2.] 4.24.700 Unlawful release of court and law enforcement employee information—Damages, fees, and costs. Any law enforcement-related, corrections officer-related, or court-related employee or volunteer who suffers damages as a result of a person or organization selling, trading, giving, (2002 Ed.) Special Rights of Action and Special Immunities 4.24.700 publishing, distributing, or otherwise releasing the residential address, residential telephone number, birthdate, or social security number of the employee or volunteer in violation of RCW 4.24.680 may bring an action against the person or organization in court for actual damages sustained, plus attorneys’ fees and costs. [2002 c 336 § 3.] 4.28.020 Jurisdiction acquired, when. From the time of the commencement of the action by service of summons, or by the filing of a complaint, or as otherwise provided, the court is deemed to have acquired jurisdiction and to have control of all subsequent proceedings. [1984 c 76 § 2; 1895 c 86 § 4; 1893 c 127 § 15; RRS § 238.] Chapter 4.28 COMMENCEMENT OF ACTIONS 4.28.080 Summons, how served. Service made in the modes provided in this section shall be taken and held to be personal service. The summons shall be served by delivering a copy thereof, as follows: (1) If the action be against any county in this state, to the county auditor or, during normal office hours, to the deputy auditor, or in the case of a charter county, summons may be served upon the agent, if any, designated by the legislative authority. (2) If against any town or incorporated city in the state, to the mayor, city manager, or, during normal office hours, to the mayor’s or city manager’s designated agent or the city clerk thereof. (3) If against a school or fire district, to the superintendent or commissioner thereof or by leaving the same in his or her office with an assistant superintendent, deputy commissioner, or business manager during normal business hours. (4) If against a railroad corporation, to any station, freight, ticket or other agent thereof within this state. (5) If against a corporation owning or operating sleeping cars, or hotel cars, to any person having charge of any of its cars or any agent found within the state. (6) If against a domestic insurance company, to any agent authorized by such company to solicit insurance within this state. (7) If against a foreign or alien insurance company, as provided in chapter 48.05 RCW. (8) If against a company or corporation doing any express business, to any agent authorized by said company or corporation to receive and deliver express matters and collect pay therefor within this state. (9) If the suit be against a company or corporation other than those designated in the preceding subdivisions of this section, to the president or other head of the company or corporation, the registered agent, secretary, cashier or managing agent thereof or to the secretary, stenographer or office assistant of the president or other head of the company or corporation, registered agent, secretary, cashier or managing agent. (10) If the suit be against a foreign corporation or nonresident joint stock company, partnership or association doing business within this state, to any agent, cashier or secretary thereof. (11) If against a minor under the age of fourteen years, to such minor personally, and also to his or her father, mother, guardian, or if there be none within this state, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed, if such there be. (12) If against any person for whom a guardian has been appointed for any cause, then to such guardian. (13) If against a foreign or alien steamship company or steamship charterer, to any agent authorized by such compa- Sections 4.28.011 Tolling statute of limitations—Action deemed commenced, when. 4.28.020 Jurisdiction acquired, when. 4.28.080 Summons, how served. 4.28.081 Summons, how served—When corporation in hands of receiver. 4.28.090 Service on corporation without officer in state upon whom process can be served. 4.28.100 Service of summons by publication—When authorized. 4.28.110 Manner of publication and form of summons. 4.28.120 Publication of notice in eminent domain proceedings. 4.28.140 Affidavit as to unknown heirs. 4.28.150 Title of cause—Unknown claimants—Service by publication. 4.28.160 Rights of unknown claimants and heirs—Effect of judgment—Lis pendens. 4.28.180 Personal service out of state. 4.28.185 Personal service out of state—Acts submitting person to jurisdiction of courts—Saving. 4.28.200 Right of one constructively served to appear and defend or reopen. 4.28.210 Appearance, what constitutes. 4.28.290 Assessment of damages without answer. 4.28.320 Lis pendens in actions affecting title to real estate. 4.28.325 Lis pendens in actions in United States district courts affecting title to real estate. 4.28.328 Lis pendens—Liability of claimants—Damages, costs, attorneys’ fees. 4.28.330 Notice to alien property custodian. 4.28.340 Notice to alien property custodian—Definitions. 4.28.350 Notice to alien property custodian—Duration. 4.28.360 Personal injury action—Complaint not to include statement of damages—Request for statement. Rules of court: CR 3; CR 4; CR 4.1; CR 5; and CR 6. Claims against cities and towns: Chapters 35.31, 35A.31 RCW. counties: Chapter 36.45 RCW. political subdivisions, municipal corporations, and quasi municipal corporations: Chapter 4.96 RCW. state: Chapter 4.92 RCW. Foreign corporations, actions against: RCW 23B.15.100 and 23B.15.310. Nonadmitted foreign corporations, actions against: Chapter 23B.18 RCW. Proceedings as to mentally ill: Chapter 71.05 RCW. Publication of legal notices: Chapter 65.16 RCW. Service of papers on foreign corporation: RCW 23B.15.100 and 23B.15.310. Service of process on foreign savings and loan association: RCW 33.32.050. nonadmitted foreign corporation: RCW 23B.18.040. nonresident motor vehicle operator: RCW 46.64.040. Sheriff’s fees for service of process and other official services: RCW 36.18.040. 4.28.011 Tolling statute of limitations—Action deemed commenced, when. See RCW 4.16.170. (2002 Ed.) [Title 4 RCW—page 35] 4.28.080 Title 4 RCW: Civil Procedure ny or charterer to solicit cargo or passengers for transportation to or from ports in the state of Washington. (14) If against a self-insurance program regulated by chapter 48.62 RCW, as provided in chapter 48.62 RCW. (15) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein. (16) In lieu of service under subsection (15) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter mailing a copy by first class mail, postage prepaid, to the person to be served at his or her usual mailing address. For the purposes of this subsection, "usual mailing address" shall not include a United States postal service post office box or the person’s place of employment. [1997 c 380 § 1; 1996 c 223 § 1; 1991 sp.s. c 30 § 28; 1987 c 361 § 1; 1977 ex.s. c 120 § 1; 1967 c 11 § 1; 1957 c 202 § 1; 1893 c 127 § 7; RRS § 226, part. FORMER PART OF SECTION: 1897 c 97 § 1 now codified in RCW 4.28.081.] Rules of court: Service of process—CR 4(d), (e). Effective date, implementation, application—Severability—1991 sp.s. c 30: See RCW 48.62.900 and 48.62.901. Severability—1977 ex.s. c 120: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 120 § 3.] Service of process on foreign corporation: RCW 23B.15.100 and 23B.15.310. foreign savings and loan association: RCW 33.32.050. nonadmitted foreign corporation: RCW 23B.18.040. nonresident motor vehicle operator: RCW 46.64.040. 4.28.081 Summons, how served—When corporation in hands of receiver. Whenever any domestic or foreign corporation, which has been doing business in this state, has been placed in the hands of a receiver and the receiver is in possession of any of the property or assets of such corporation, service of all process upon such corporation may be made upon the receiver thereof. [1897 c 97 § 1; RRS § 226, part. Formerly RCW 4.28.080(13).] 4.28.090 Service on corporation without officer in state upon whom process can be served. Whenever any corporation, created by the laws of this state, or late territory of Washington, does not have an officer in this state upon whom legal service of process can be made, an action or proceeding against the corporation may be commenced in any county where the cause of action may arise, or the corporation may have property, and service may be made upon the corporation by depositing a copy of the summons, writ, or other process, in the office of the secretary of state, which shall be taken, deemed and treated as personal service on the corporation: PROVIDED, A copy of the summons, writ, or other process, shall be deposited in the post office, postage paid, directed to the secretary or other proper officer of the corporation, at the place where the main business of [Title 4 RCW—page 36] the corporation is transacted, when the place of business is known to the plaintiff, and be published at least once a week for six weeks in a newspaper of general circulation at the seat of government of this state, before the service shall be deemed perfect. [1985 c 469 § 1; 1893 c 127 § 8; RRS § 227.] 4.28.100 Service of summons by publication—When authorized. When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his agent, or attorney, with the clerk of the court, stating that he believes that the defendant is not a resident of the state, or cannot be found therein, and that he has deposited a copy of the summons (substantially in the form prescribed in RCW 4.28.110) and complaint in the post office, directed to the defendant at his place of residence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons, by the plaintiff or his attorney in any of the following cases: (1) When the defendant is a foreign corporation, and has property within the state; (2) When the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with like intent; (3) When the defendant is not a resident of the state, but has property therein and the court has jurisdiction of the subject of the action; (4) When the action is for divorce in the cases prescribed by law; (5) When the subject of the action is real or personal property in this state, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly, or partly, in excluding the defendant from any interest or lien therein; (6) When the action is to foreclose, satisfy, or redeem from a mortgage, or to enforce a lien of any kind on real estate in the county where the action is brought, or satisfy or redeem from the same; (7) When the action is against any corporation, whether private or municipal, organized under the laws of the state, and the proper officers on whom to make service do not exist or cannot be found; (8) When the action is brought under RCW 4.08.160 and 4.08.170 to determine conflicting claims to property in this state. [1981 c 331 § 13; 1953 c 102 § 1. Prior: 1929 c 81 § 1; 1915 c 45 § 1; 1893 c 127 § 9; RRS § 228.] Court Congestion Reduction Act of 1981—Purpose— Severability—1981 c 331: See notes following RCW 2.32.070. 4.28.110 Manner of publication and form of summons. The publication shall be made in a newspaper of general circulation in the county where the action is brought once a week for six consecutive weeks: PROVIDED, That publication of summons shall not be made until after the filing of the complaint, and the service of the summons shall be deemed complete at the expiration of the time prescribed for publication. The summons must be subscribed by the plaintiff or his attorney or attorneys. The summons shall contain the date of the first publication, and shall require the (2002 Ed.) Commencement of Actions defendant or defendants upon whom service by publication is desired, to appear and answer the complaint within sixty days from the date of the first publication of the summons; and the summons for publication shall also contain a brief statement of the object of the action. The summons for publication shall be substantially as follows: In the superior court of the State of Washington for the county of . . . . . . . . . . . . . . ., Plaintiff, vs. . . . . . . . . ., Defendant. No. . . . . The State of Washington to the said (naming the defendant or defendants to be served by publication): You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the . . . . day of . . . . . ., 1. . . ., and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff . . . . . ., and serve a copy of your answer upon the undersigned attorneys for plaintiff . . . . . ., at his (or their) office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. (Insert here a brief statement of the object of the action.) ..........................., Plaintiff’s Attorneys. P.O. Address . . . . . . . . . . . . . . . . . . . County . . . . . . . . . . . . . . . . . . . . . . . Washington. [1985 c 469 § 2; 1895 c 86 § 2; 1893 c 127 § 10; RRS § 233.] Publication of legal notices: Chapter 65.16 RCW. 4.28.120 Publication of notice in eminent domain proceedings. If a party having or claiming a share or interest in or lien upon any property sought to be appropriated for public use be unknown, and such fact be made to appear by affidavit filed in the office of the clerk of the court, the notice required by law in such cases may be served by publication as in the case of nonresident owners, and such notice shall be directed by name to every owner of a share or interest in or lien upon the property sought to be so appropriated, and generally to all persons unknown having or claiming an interest or estate in the property or any portion thereof, and all such unknown parties shall in all papers and proceedings be designated as "unknown owners," and shall be bound by the provisions and be entitled to the benefits of the judgment the same as if they had been known and duly named. [1895 c 140 § 1; RRS § 239.] Eminent domain: Title 8 RCW. Publication of legal notices: Chapter 65.16 RCW. 4.28.140 Affidavit as to unknown heirs. Upon presenting an affidavit to the court or judge, showing to his satisfaction that the heirs of such deceased person are proper parties to the action, and that their names and residences cannot with use of reasonable diligence be ascertained, such court or judge may grant an order that service of the summons in such action be made on such "Unknown heirs" (2002 Ed.) 4.28.110 by publication thereof in the same manner as in actions against nonresident defendants. [1903 c 144 § 2; RRS § 230.] Rules of court: Cf. CR 10(a). 4.28.150 Title of cause—Unknown claimants— Service by publication. In any action brought to determine any adverse claim, estate, lien, or interest in real property, or to quiet title to real property, the plaintiff may include as a defendant in such action, and insert in the title thereof, in addition to the names of such persons or parties as appear of record to have, and other persons or parties who are known to have, some title, claim, estate, lien, or interest in the lands in controversy, the following, viz.: "Also all other persons or parties unknown claiming any right, title, estate, lien, or interest in the real estate described in the complaint herein." And service of summons may be had upon all such unknown persons or parties defendant by publication as provided by law in case of nonresident defendants. [1903 c 144 § 3; RRS § 231.] Publication of legal notices: Chapter 65.16 RCW. 4.28.160 Rights of unknown claimants and heirs— Effect of judgment—Lis pendens. All such unknown heirs of deceased persons, and all such unknown persons or parties, so served by publication as in RCW 4.28.150, provided, shall have the same rights as are provided by law in case of all other defendants upon whom service is made by publication, and the action shall proceed against such unknown heirs, or unknown persons or parties, in the same manner as against defendants, who are named, upon whom service is made by publication, and with like effect; and any such unknown heirs or unknown persons or parties who have or claim any right, estate, lien, or interest in the said real property in controversy, at the time of the commencement of the action, duly served as aforesaid, shall be bound and concluded by the judgment in such action, if the same is in favor of the plaintiff therein as effectually as if the action was brought against such defendant by his or her name and constructive service of summons obtained: PROVIDED, HOWEVER, That such judgment shall not bind such unknown heirs, or unknown persons or parties, defendant, unless the plaintiff shall file a notice of lis pendens in the office of the auditor of each county in which said real estate is located, in the manner provided by law, before commencing the publication of said summons. [1903 c 144 § 4; RRS § 232.] 4.28.180 Personal service out of state. Personal service of summons or other process may be made upon any party outside the state. If upon a citizen or resident of this state or upon a person who has submitted to the jurisdiction of the courts of this state, it shall have the force and effect of personal service within this state; otherwise it shall have the force and effect of service by publication. The summons upon the party out of the state shall contain the same and be served in like manner as personal summons within the state, except it shall require the party to appear and answer within sixty days after such personal service out of the state. [1959 c 131 § 1; 1895 c 86 § 3; 1893 c 127 § 11; RRS § 234.] Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a). [Title 4 RCW—page 37] 4.28.180 Title 4 RCW: Civil Procedure Service of process on nonresident motor vehicle operator: RCW 46.64.040. 4.28.185 Personal service out of state—Acts submitting person to jurisdiction of courts—Saving. (1) Any person, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts in this section enumerated, thereby submits said person, and, if an individual, his personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from the doing of any of said acts: (a) The transaction of any business within this state; (b) The commission of a tortious act within this state; (c) The ownership, use, or possession of any property whether real or personal situated in this state; (d) Contracting to insure any person, property or risk located within this state at the time of contracting; (e) The act of sexual intercourse within this state with respect to which a child may have been conceived; (f) Living in a marital relationship within this state notwithstanding subsequent departure from this state, as to all proceedings authorized by chapter 26.09 RCW, so long as the petitioning party has continued to reside in this state or has continued to be a member of the armed forces stationed in this state. (2) Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may be made by personally serving the defendant outside this state, as provided in RCW 4.28.180, with the same force and effect as though personally served within this state. (3) Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him is based upon this section. (4) Personal service outside the state shall be valid only when an affidavit is made and filed to the effect that service cannot be made within the state. (5) In the event the defendant is personally served outside the state on causes of action enumerated in this section, and prevails in the action, there may be taxed and allowed to the defendant as part of the costs of defending the action a reasonable amount to be fixed by the court as attorneys’ fees. (6) Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law. [1977 c 39 § 1; 1975-’76 2nd ex.s. c 42 § 22; 1959 c 131 § 2.] Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a). Uniform parentage act: Chapter 26.26 RCW. 4.28.200 Right of one constructively served to appear and defend or reopen. If the summons is not served personally on the defendant in the cases provided in RCW 4.28.110 and 4.28.180, he or his representatives, on application and sufficient cause shown, at any time before judgment, shall be allowed to defend the action and, except in an action for divorce, the defendant or his representative may in like manner be allowed to defend after judgment, and within one year after the rendition of such judgment, on such terms as may be just; and if the defense is successful, and the judgment, or any part thereof, has been collected or [Title 4 RCW—page 38] otherwise enforced, such restitution may thereupon be compelled as the court directs. [1893 c 127 § 12; RRS § 235.] 4.28.210 Appearance, what constitutes. A defendant appears in an action when he answers, demurs, makes any application for an order therein, or gives the plaintiff written notice of his appearance. After appearance a defendant is entitled to notice of all subsequent proceedings; but when a defendant has not appeared, service of notice or papers in the ordinary proceedings in an action need not be made upon him. Every such appearance made in an action shall be deemed a general appearance, unless the defendant in making the same states that the same is a special appearance. [1893 c 127 § 16; RRS § 241.] Rules of court: Demurrers abolished—CR 7(c). 4.28.290 Assessment of damages without answer. A defendant who has appeared may, without answering, demand in writing an assessment of damages, of the amount which the plaintiff is entitled to recover, and thereupon such assessment shall be had or any such amount ascertained in such manner as the court on application may direct, and judgment entered by the clerk for the amount so assessed or ascertained. [1893 c 127 § 25; RRS § 251.] 4.28.320 Lis pendens in actions affecting title to real estate. In an action affecting the title to real property the plaintiff, at the time of filing the complaint, or at any time afterwards, or whenever a writ of attachment of property shall be issued, or at any time afterwards, the plaintiff or a defendant, when he sets up an affirmative cause of action in his answer, and demands substantive relief at the time of filing his answer, or at any time afterwards, if the same be intended to affect real property, may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the real property in that county affected thereby. From the time of the filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, at its discretion, at any time after the action shall be settled, discontinued or abated, on application of any person aggrieved and on good cause shown and on such notice as shall be directed or approved by the court, order the notice authorized in this section to be canceled of record, in whole or in part, by the county auditor of any county in whose office the same may have been filed or recorded, and such cancellation shall be evidenced by the recording of the court order. [1999 c 233 § 1; 1893 c 127 § 17; RRS § 243.] (2002 Ed.) Commencement of Actions Effective date—1999 c 233: "This act takes effect August 1, 1999." [1999 c 233 § 24.] 4.28.325 Lis pendens in actions in United States district courts affecting title to real estate. In an action in a United States district court for any district in the state of Washington affecting the title to real property in the state of Washington, the plaintiff, at the time of filing the complaint, or at any time afterwards, or a defendant, when he sets up an affirmative cause of action in his answer, or at any time afterward, if the same be intended to affect real property, may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the real property in that county affected thereby. From the time of the filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, in its discretion, at any time after the action shall be settled, discontinued or abated, on application of any person aggrieved and on good cause shown and on such notice as shall be directed or approved by the court, order the notice authorized in this section to be canceled, in whole or in part, by the county auditor of any county in whose office the same may have been filed or recorded, and such cancellation shall be evidenced by the recording of the court order. [1999 c 233 § 4; 1963 c 137 § 1.] Effective date—1999 c 233: See note following RCW 4.28.320. 4.28.328 Lis pendens—Liability of claimants— Damages, costs, attorneys’ fees. (1) For purposes of this section: (a) "Lis pendens" means a lis pendens filed under RCW 4.28.320 or 4.28.325 or other instrument having the effect of clouding the title to real property, however named, including consensual commercial lien, common law lien, commercial contractual lien, or demand for performance of public office lien, but does not include a lis pendens filed in connection with an action under Title 6, 60, other than chapter 60.70 RCW, or 61 RCW; (b) "Claimant" means a person who files a lis pendens, but does not include the United States, any agency thereof, or the state of Washington, any agency, political subdivision, or municipal corporation thereof; and (c) "Aggrieved party" means (i) a person against whom the claimant asserted the cause of action in which the lis pendens was filed, but does not include parties fictitiously named in the pleading; or (ii) a person having an interest or a right to acquire an interest in the real property against which the lis pendens was filed, provided that the claimant (2002 Ed.) 4.28.320 had actual or constructive knowledge of such interest or right when the lis pendens was filed. (2) A claimant in an action not affecting the title to real property against which the lis pendens was filed is liable to an aggrieved party who prevails on a motion to cancel the lis pendens, for actual damages caused by filing the lis pendens, and for reasonable attorneys’ fees incurred in canceling the lis pendens. (3) Unless the claimant establishes a substantial justification for filing the lis pendens, a claimant is liable to an aggrieved party who prevails in defense of the action in which the lis pendens was filed for actual damages caused by filing the lis pendens, and in the court’s discretion, reasonable attorneys’ fees and costs incurred in defending the action. [1994 c 155 § 1.] 4.28.330 Notice to alien property custodian. In any court or administrative action or proceeding within this state, involving property within this state or any interest therein, in which service of process is required to be made upon or notice thereof given to any person who is in a designated enemy country or enemy-occupied territory, in addition to the service of process upon or giving of notice to the person as required by any law, statute or rule applicable to the action or proceeding, a copy of the process or notice shall be sent by registered mail to the alien property custodian, Washington, District of Columbia. [1943 c 62 § 1; Rem. Supp. 1943 § 254-1.] 4.28.340 Notice to alien property custodian— Definitions. For the purposes of RCW 4.28.330 through 4.28.350: (1) "Person" includes any individual, partnership, association and corporation; (2) "Designated enemy country" means any foreign country as to which the United States has declared the existence of a state of war and any other country with which the United States is at war in the future; (3) "Enemy-occupied territory" means any place under the control of any designated enemy country or any place with which, by reason of the existence of a state of war, the United States does not maintain postal communication. [1943 c 62 § 2; Rem. Supp. 1943 § 254-2.] 4.28.350 Notice to alien property custodian— Duration. RCW 4.28.330 and 4.28.340 shall remain in force only so long as a state of war shall exist between the United States and the designated enemy country involved in the action or proceeding described in RCW 4.28.330. [1943 c 62 § 3; Rem. Supp. 1943 § 254-3.] 4.28.360 Personal injury action—Complaint not to include statement of damages—Request for statement. In any civil action for personal injuries, the complaint shall not contain a statement of the damages sought but shall contain a prayer for damages as shall be determined. A defendant in such action may at any time request a statement from the plaintiff setting forth separately the amounts of any special damages and general damages sought. Not later than fifteen days after service of such request to the plaintiff, the [Title 4 RCW—page 39] 4.28.360 Title 4 RCW: Civil Procedure plaintiff shall have served the defendant with such statement. [1975-’76 2nd ex.s. c 56 § 2.] Severability—1975-’76 2nd ex.s. c 56: See note following RCW 4.16.350. Actions and procedure for injuries resulting from health care: Chapter 7.70 RCW. Verdict or award of future economic damages in personal injury or property damage action may provide for periodic payments: RCW 4.56.260. Chapter 4.32 PLEADINGS Sections 4.32.070 4.32.120 4.32.130 4.32.140 4.32.150 4.32.170 4.32.250 Objection may be taken by answer. Setoff against beneficiary of trust estate. Setoff in probate actions brought by personal representatives. Setoff in probate actions against personal representatives. Setoff must be pleaded. Answer may be stricken. Effect of minor defects in pleading. 4.32.070 Objection may be taken by answer. When any of the matters enumerated in *RCW 4.32.050 do not appear upon the face of the complaint, the objection may be taken by answer. [Code 1881 § 79; 1877 p 18 § 79; 1854 p 139 § 42; RRS § 261.] *Reviser’s note: RCW 4.32.050 was repealed by 1984 c 76 § 11. 4.32.120 Setoff against beneficiary of trust estate. If the plaintiff be a trustee to any other, or if the action be in a name of the plaintiff who has no real interest in the contract upon which the action is founded, so much of a demand existing against those whom the plaintiff represents or for whose benefit the action is brought, may be set off as will satisfy the plaintiff’s debt, if the same might have been set off in an action brought by those beneficially interested. [Code 1881 § 498; 1877 p 107 § 502; RRS § 267.] 4.32.130 Setoff in probate actions brought by personal representatives. In actions brought by executors and administrators, demands against their testators and intestates, and belonging to defendant at the time of their death, may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased. [Code 1881 § 499; 1877 p 107 § 503; RRS § 268.] 4.32.140 Setoff in probate actions against personal representatives. In actions against executors and administrators and against trustees and others, sued in their representative character, the defendants may set off demands belonging to their testators or intestates or those whom they represent, in the same manner as the person so represented would have been entitled to set off the same, in an action against them. [Code 1881 § 501; 1877 p 107 § 505; RRS § 270.] 4.32.150 Setoff must be pleaded. To entitle a defendant to a setoff he must set the same forth in his answer. [Code 1881 § 502; 1877 p 108 § 506; RRS § 271.] [Title 4 RCW—page 40] 4.32.170 Answer may be stricken. Sham, frivolous and irrelevant answers and defenses may be stricken out on motion, and upon such terms as the court may in its discretion impose. [Code 1881 § 85; 1877 p 19 § 85; 1869 p 21 § 83; 1854 p 140 § 47; RRS § 275.] 4.32.250 Effect of minor defects in pleading. A notice or other paper is valid and effectual though the title of the action in which it is made is omitted, or it is defective either in respect to the court or parties, if it intelligently refers to such action or proceedings; and in furtherance of justice upon proper terms, any other defect or error in any notice or other paper or proceeding may be amended by the court, and any mischance, omission or defect relieved within one year thereafter; and the court may enlarge or extend the time, for good cause shown, within which by statute any act is to be done, proceeding had or taken, notice or paper filed or served, or may, on such terms as are just, permit the same to be done or supplied after the time therefor has expired. [1988 c 202 § 2; 1893 c 127 § 24; RRS § 250.] Rules of court: Cf. CR 6(b), RAP 5.2, 18.22. Severability—1988 c 202: See note following RCW 2.24.050. Chapter 4.36 GENERAL RULES OF PLEADING Sections 4.36.070 4.36.080 4.36.120 4.36.130 4.36.140 4.36.170 4.36.210 4.36.240 Pleading judgments. Conditions precedent, how pleaded. Libel or slander, how pleaded. Answer in justification and mitigation. Answer in action to recover property distrained. Material allegation defined. Variance in action to recover personal property. Harmless error disregarded. 4.36.070 Pleading judgments. In pleading a judgment or other determination of a court or office of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish on the trial the facts conferring jurisdiction. [Code 1881 § 96; 1877 p 21 § 96; 1854 p 142 § 58; RRS § 287.] Rules of court: Cf. CR 9(e). 4.36.080 Conditions precedent, how pleaded. In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part; and if such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts showing such performance. [Code 1881 § 97; 1877 p 21 § 97; 1854 p 142 § 59; RRS § 288.] Rules of court: Cf. CR 9(c). 4.36.120 Libel or slander, how pleaded. In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the (2002 Ed.) General Rules of Pleading application to the plaintiff, of the defamatory matter out of which the cause arose, but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on trial that it was so published or spoken. [Code 1881 § 99; 1877 p 22 § 99; 1854 p 142 § 61; RRS § 292.] Rules of court: Cf. CR 8. 4.36.130 Answer in justification and mitigation. In an action mentioned in RCW 4.36.120, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he proves the justification or not, he may give in evidence the mitigating circumstances. [Code 1881 § 100; 1877 p 22 § 100; 1854 p 143 § 62; RRS § 293.] 4.36.140 Answer in action to recover property distrained. In an action to recover the possession of property distrained doing damage, an answer that the defendant or person by whose command he acted, was lawfully possessed of the real property upon which the distress was made, and that the property distrained was at the time doing the damage thereon, shall be good, without setting forth the title to such real property. [Code 1881 § 101; 1877 p 22 § 101; 1854 p 143 § 63; RRS § 295.] 4.36.170 Material allegation defined. A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. [Code 1881 § 104; 1877 p 22 § 104; 1854 p 143 § 65; RRS § 298.] 4.36.210 Variance in action to recover personal property. Where the plaintiff in an action to recover the possession of personal property on a claim of being the owner thereof, shall fail to establish on trial such ownership, but shall prove that he is entitled to the possession thereof, by virtue of a special property therein, he shall not thereby be defeated of his action, but shall be permitted to amend, on reasonable terms his complaint, and be entitled to judgment according to the proof in the case. [Code 1881 § 108; 1877 p 23 § 108; 1869 p 27 § 106; 1856 p 10 § 11; RRS § 302.] 4.36.240 Harmless error disregarded. The court shall, in every stage of an action, disregard any error or defect in pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect. [Code 1881 § 113; 1877 p 24 § 113; 1854 p 144 § 71; RRS § 307.] Rules of court: Cf. RAP 2.4(a), 18.22. (2002 Ed.) 4.36.120 Chapter 4.40 ISSUES Sections 4.40.010 4.40.050 4.40.060 4.40.070 Issues defined—Kinds. Trial of issue of law. Trial of certain issues of fact—Jury. Trial of other issues of fact. 4.40.010 Issues defined—Kinds. Issues arise upon the pleadings when a fact or conclusion of law is maintained by one party and controverted by the other, they are of two kinds—first, of law; and second, of fact. [1893 c 127 § 28; Code 1881 § 200; 1877 p 42 § 204; 1854 p 163 § 179; RRS § 309.] 4.40.050 Trial of issue of law. An issue of law shall be tried by the court, unless it is referred as provided by the statutes relating to referees. [1893 c 127 § 32; Code 1881 § 204; 1877 p 42 § 208; 1854 p 164 § 183; RRS § 313.] Trial before referee: Chapter 4.48 RCW. 4.40.060 Trial of certain issues of fact—Jury. An issue of fact, in an action for the recovery of money only, or of specific real or personal property shall be tried by a jury, unless a jury is waived, as provided by law, or a reference ordered, as provided by statute relating to referees. [1893 c 127 § 33; Code 1881 § 204; 1877 p 42 § 208; 1873 p 52 § 206; 1869 p 50 § 208; 1854 p 164 § 183; RRS § 314.] 4.40.070 Trial of other issues of fact. Every other issue of fact shall be tried by the court, subject, however, to the right of the parties to consent, or of the court to order, that the whole issue, or any specific question of fact involved therein, be tried by a jury, or referred. [1893 c 127 § 34; RRS § 315.] Chapter 4.44 TRIAL Sections 4.44.020 4.44.025 4.44.060 4.44.070 4.44.080 4.44.090 4.44.095 4.44.110 4.44.120 4.44.130 4.44.140 4.44.150 4.44.160 4.44.170 4.44.180 4.44.190 4.44.210 4.44.220 4.44.230 4.44.240 4.44.250 4.44.260 4.44.270 4.44.280 Notice of trial—Note of issue. Priority permitted for aged or ill parties in civil cases. Proceedings in trial by court—Findings deemed verdict. Findings and conclusions, how made. Questions of law to be decided by court. Questions of fact for jury. Right to jury trial upon an issue of fact in an action at law. Jury fee part of taxable costs. Impanelling jury—Voir dire, challenge for cause—Number. Challenges—Kind and number. Peremptory challenges defined. Challenges for cause defined. General causes of challenge. Particular causes of challenge. Implied bias defined. Challenge for actual bias. Peremptory challenges, how taken. Order of taking challenges. Exceptions to challenges—Determination. Trial of challenge. Challenge, exception, denial may be oral. Oath of jurors. View of premises by jury. Admonitions to jurors. [Title 4 RCW—page 41] Chapter 4.44 Title 4 RCW: Civil Procedure 4.44.290 Procedure when juror becomes ill. 4.44.300 Care of jury while deliberating. 4.44.310 Expense of keeping jury. 4.44.330 Discharge of jury without verdict. 4.44.340 Effect of discharge of jury. 4.44.350 Court recess while jury is out. 4.44.360 Proceedings when jury have agreed. 4.44.370 Manner of giving verdict. 4.44.380 Number of jurors required to render verdict. 4.44.390 Jury may be polled. 4.44.400 Correction of informal verdict—Polling jury. 4.44.410 General or special verdicts. 4.44.420 Verdict in action for specific personal property. 4.44.440 Special verdict controls. 4.44.450 Jury to assess amount of recovery. 4.44.460 Receiving verdict and discharging jury. 4.44.470 Court may fix amount of bond in civil actions. 4.44.480 Deposits in court—Order. 4.44.490 Deposits in court—Enforcement of order. 4.44.500 Deposits in court—Custody of money deposited. District court, civil trial: Chapter 12.12 RCW. Juries crimes relating to: Chapter 9.51 RCW. generally: Chapter 2.36 RCW. 4.44.020 Notice of trial—Note of issue. At any time after the issues of fact are completed in any case by the service of complaint and answer or reply when necessary, as herein provided, either party may cause the issues of fact to be brought on for trial, by serving upon the opposite party a notice of trial at least three days before any day provided by rules of court for setting causes for trial, which notice shall give the title of the cause as in the pleadings, and notify the opposite party that the issues in such action will be brought on for trial at the time set by the court; and the party giving such notice of trial shall, at least three days before the day of setting such causes for trial file with the clerk of the court a note of issue containing the title of the action, the names of the attorneys and the date when the last pleading was served; and the clerk shall thereupon enter the cause upon the trial docket according to the date of the issue. In case an issue of law raised upon the pleadings is desired to be brought on for argument, either party shall, at least three days before the day set apart by the court under its rules for hearing issues of law, serve upon the opposite party a like notice of trial and furnish the clerk of the court with a note of issue as above provided, which note of issue shall specify that the issue to be tried is an issue of law; and the clerk of the court shall thereupon enter such action upon the motion docket of the court. When a cause has once been placed upon either docket of the court, if not tried or argued at the time for which notice was given, it need not be noticed for a subsequent session or day, but shall remain upon the docket from session to session or from law day to law day until final disposition or stricken off by the court. The party upon whom notice of trial is served may file the note of issue and cause the action to be placed upon the calendar without further notice on his part. [1893 c 127 § 35; RRS § 319.] Rules of court: Cf. CR 40(a). 4.44.025 Priority permitted for aged or ill parties in civil cases. When setting civil cases for trial, unless otherwise provided by statute, upon motion of a party, the court may give priority to cases in which a party is frail and [Title 4 RCW—page 42] over seventy years of age or is afflicted with a terminal illness. [1991 c 197 § 1.] 4.44.060 Proceedings in trial by court—Findings deemed verdict. The order of proceedings on a trial by the court shall be the same as provided in trials by jury. The finding of the court upon the facts shall be deemed a verdict, and may be set aside in the same manner and for the same reason as far as applicable, and a new trial granted. [Code 1881 § 247; 1877 p 51 § 251; 1869 p 60 § 251; RRS § 368.] 4.44.070 Findings and conclusions, how made. Any party may, when the evidence is closed, submit in distinct and concise propositions the conclusions of fact which he claims to be established, or the conclusions of law which he desires to be adjudged, or both. They may be written and handed to the court, or at the option of the court, oral, and entered in the judge’s minutes. [Code 1881 § 222; 1877 p 47 § 226; 1869 p 56 § 226; RRS § 341.] Rules of court: Cf. CR 52(a). 4.44.080 Questions of law to be decided by court. All questions of law including the admissibility of testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and all discussions of law addressed to it. [Code 1881 § 223; 1877 p 47 § 227; 1869 p 56 § 227; RRS § 342.] Rules of court: Cf. ER 104 and ER 1008. 4.44.090 Questions of fact for jury. All questions of fact other than those mentioned in RCW 4.44.080, shall be decided by the jury, and all evidence thereon addressed to them. [Code 1881 § 224; 1877 p 47 § 228; 1869 p 56 § 228; RRS § 343.] Rules of court: Cf. ER 1008. Charging juries: State Constitution Art. 4 § 16. Right to trial by jury: State Constitution Art. 1 § 21; RCW 4.48.010. 4.44.095 Right to jury trial upon an issue of fact in an action at law. See RCW 4.48.010. 4.44.110 Jury fee part of taxable costs. The jury fee paid by the party demanding a trial by jury shall be a part of the taxable costs in such action. [1961 c 304 § 3; 1903 c 43 § 2; RRS § 317.] 4.44.120 Impanelling jury—Voir dire, challenge for cause—Number. When the action is called for trial, the jurors shall be selected at random from the jurors summoned who have appeared and have not been excused. A voir dire examination of the panel shall be conducted for the purpose of discovering any basis for challenge for cause and to permit the intelligent exercise of peremptory challenges. Any necessary additions to the panel shall be selected at random from the list of qualified jurors. The jury shall consist of six persons, unless the parties in their written demand for jury demand that the jury be twelve in number or consent to a less number. The parties may consent to a jury less than six in number but not less than three, and such (2002 Ed.) Trial consent shall be entered by the clerk on the minutes of the trial. [1996 c 40 § 1; 1972 ex.s. c 57 § 3; Code 1881 § 206; 1877 p 43 § 210; 1869 p 51 § 210; 1854 p 164 § 185; RRS § 323.] Rules of court: Cf. CR 48. Juries, district courts: Chapter 12.12 RCW. 4.44.130 Challenges—Kind and number. Either party may challenge the jurors. The challenge shall be to individual jurors, and be peremptory or for cause. Each party shall be entitled to three peremptory challenges. When there is more than one party on either side, the parties need not join in a challenge for cause; but, they shall join in a peremptory challenge before it can be made. If the court finds that there is a conflict of interests between parties on the same side, the court may allow each conflicting party up to three peremptory challenges. [1969 ex.s. c 37 § 1; Code 1881 § 207; 1877 p 43 § 211; 1854 p 165 § 186; RRS § 324.] 4.44.140 Peremptory challenges defined. A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court shall exclude him. [Code 1881 § 208; 1877 p 43 § 212; 1869 p 51 § 212; RRS § 325.] 4.44.150 Challenges for cause defined. A challenge for cause is an objection to a juror, and may be either: (1) General; that the juror is disqualified from serving in any action; or (2) Particular; that he is disqualified from serving in the action on trial. [Code 1881 § 209; 1877 p 43 § 213; 1869 p 51 § 213; RRS § 326.] 4.44.160 General causes of challenge. General causes of challenge are: (1) A want of any of the qualifications prescribed for a juror, as set out in RCW 2.36.070. (2) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him or her incapable of performing the duties of a juror in any action. [1992 c 93 § 6; 1975 1st ex.s. c 203 § 2; Code 1881 § 210; 1877 p 44 § 214; 1869 p 52 § 214; RRS § 327.] Qualifications of jurors: RCW 2.36.070. 4.44.170 Particular causes of challenge. Particular causes of challenge are of three kinds: (1) For such a bias as when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias. (2) For the existence of a state of mind on the part of the juror in reference to the action, or to either party, which satisfies the court that the challenged person cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias. (3) For the existence of a defect in the functions or organs of the body which satisfies the court that the challenged person is incapable of performing the duties of a juror in the particular action without prejudice to the (2002 Ed.) 4.44.120 substantial rights of the party challenging. [1975 1st ex.s. c 203 § 3; Code 1881 § 211; 1877 p 44 § 215; 1869 p 52 § 215; RRS § 329.] Reviser’s note: The word "code" appeared in Code 1881 § 211. Qualification of jurors: RCW 2.36.070. 4.44.180 Implied bias defined. A challenge for implied bias may be taken for any or all of the following causes, and not otherwise: (1) Consanguinity or affinity within the fourth degree to either party. (2) Standing in the relation of guardian and ward, attorney and client, master and servant or landlord and tenant, to the adverse party; or being a member of the family of, or a partner in business with, or in the employment for wages, of the adverse party, or being surety or bail in the action called for trial, or otherwise, for the adverse party. (3) Having served as a juror on a previous trial in the same action, or in another action between the same parties for the same cause of action, or in a criminal action by the state against either party, upon substantially the same facts or transaction. (4) Interest on the part of the juror in the event of the action, or the principal question involved therein, excepting always, the interest of the juror as a member or citizen of the county or municipal corporation. [Code 1881 § 212; 1877 p 44 § 216; 1869 p 52 § 216; 1854 p 165 § 187; RRS § 330.] 4.44.190 Challenge for actual bias. A challenge for actual bias may be taken for the cause mentioned in RCW 4.44.170(2). But on the trial of such challenge, although it should appear that the juror challenged has formed or expressed an opinion upon what he may have heard or read, such opinion shall not of itself be sufficient to sustain the challenge, but the court must be satisfied, from all the circumstances, that the juror cannot disregard such opinion and try the issue impartially. [Code 1881 § 213; 1877 p 44 § 217; 1869 p 53 § 217; RRS § 331.] 4.44.210 Peremptory challenges, how taken. The jurors having been examined as to their qualifications, first by the plaintiff and then by the defendant, and passed for cause, the peremptory challenges shall be conducted as follows, to wit: The plaintiff may challenge one, and then the defendant may challenge one, and so alternately until the peremptory challenges shall be exhausted. The panel being filled and passed for cause, after said challenge shall have been made by either party, a refusal to challenge by either party in the said order of alternation, shall not defeat the adverse party of his full number of challenges, but such refusal on the part of the plaintiff to exercise his challenge in proper turn, shall conclude him as to the jurors once accepted by him, and if his right be not exhausted, his further challenges shall be confined, in his proper turn, to talesmen only. [Code 1881 § 215; 1877 p 45 § 219; 1869 p 53 § 219; RRS § 333.] 4.44.220 Order of taking challenges. The challenges of either party shall be taken separately in the following [Title 4 RCW—page 43] 4.44.220 Title 4 RCW: Civil Procedure order, including in each challenge all the causes of challenge belonging to the same class: (1) For general disqualification. (2) For implied bias. (3) For actual bias. (4) Peremptory. [Code 1881 § 216; 1877 p 45 § 220; 1869 p 53 § 220; RRS § 334.] 4.44.230 Exceptions to challenges—Determination. The challenge may be excepted to by the adverse party for insufficiency, and if so, the court shall determine the sufficiency thereof, assuming the facts alleged therein to be true. The challenge may be denied by the adverse party, and if so, the court shall try the issue and determine the law and the facts. [Code 1881 § 217; 1877 p 45 § 221; 1869 p 53 § 221; RRS § 335.] until the case is finally submitted to them. [1957 c 7 § 5; Code 1881 § 226; 1877 p 47 § 230; 1869 p 56 § 230; RRS § 345.] Care of jury while deliberating: RCW 4.44.300. 4.44.290 Procedure when juror becomes ill. If after the formation of the jury, and before verdict, a juror become sick so as to be unable to perform his duty, the court may order him to be discharged. In that case, unless the parties agree to proceed with the other jurors, a new juror may be sworn and the trial begin anew; or the jury may be discharged and a new jury then or afterwards formed. [Code 1881 § 227; 1877 p 48 § 231; 1869 p 56 § 231; RRS § 347.] 4.44.240 Trial of challenge. Upon the trial of a challenge, the rules of evidence applicable to testimony offered upon the trial of an ordinary issue of fact shall govern. The juror challenged, or any other person otherwise competent may be examined as a witness by either party. If a challenge be determined to be sufficient, or found to be true, as the case may be, it shall be allowed, and the juror to whom it was taken excluded; but if determined or found otherwise, it shall be disallowed. [Code 1881 § 218; 1877 p 45 § 222; 1869 p 54 § 222; RRS § 336.] 4.44.250 Challenge, exception, denial may be oral. The challenge, the exception and the denial may be made orally. The judge of the court shall note the same upon his minutes, and the substance of the testimony on either side. [Code 1881 § 219; 1877 p 45 § 223; 1869 p 54 § 223; RRS § 337.] 4.44.300 Care of jury while deliberating. After hearing the charge, the jury may either decide in the jury box or retire for deliberation. If they retire, they must be kept together in a room provided for them, or some other convenient place under the charge of one or more officers, until they agree upon their verdict, or are discharged by the court. The officer shall, to the best of his ability, keep the jury thus separate from other persons, without drink, except water, and without food, except [as] ordered by the court. He must not suffer any communication to be made to them, nor make any himself, unless by order of the court, except to ask them if they have agreed upon their verdict, and he shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed on. [Code 1881 § 229; 1877 p 48 § 233; 1869 p 57 § 233; 1854 p 166 § 194; RRS § 349.] Rules of court: Cf. CR 47(i), 51(h). Admonitions to jury, separation: RCW 4.44.280. 4.44.260 Oath of jurors. As soon as the number of the jury has been completed, an oath or affirmation shall be administered to the jurors, in substance that they and each of them, will well, and truly try, the matter in issue between the plaintiff and defendant, and a true verdict give, according to the law and evidence as given them on the trial. [Code 1881 § 220; 1877 p 46 § 224; 1869 p 54 § 224; RRS § 338.] Oaths and mode of administering: State Constitution Art. 1 § 6. 4.44.270 View of premises by jury. Whenever in the opinion of the court it is proper that the jury should have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper officer, to the place which shall be shown to them by the judge or by a person appointed by the court for that purpose. While the jury are thus absent no person other than the judge, or person so appointed, shall speak to them on any subject connected with the trial. [Code 1881 § 225; 1877 p 47 § 229; 1869 p 56 § 229; RRS § 344.] 4.44.280 Admonitions to jurors. The jurors may be admonished by the court that it is their duty not to converse with any other person, or among themselves, on any subject connected with the trial, or to express any opinion thereon, [Title 4 RCW—page 44] 4.44.310 Expense of keeping jury. If, while the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court orders them to be provided with suitable and sufficient food and lodging, they shall be so provided by the sheriff, at the expense of the county. [Code 1881 § 230; 1877 p 48 § 234; 1869 p 57 § 234; RRS § 350.] 4.44.330 Discharge of jury without verdict. The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing. [Code 1881 § 233; 1877 p 48 § 237; 1869 p 58 § 237; RRS § 353.] 4.44.340 Effect of discharge of jury. In all cases where a jury are discharged or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial or after the cause is submitted to them, the action shall thereafter be for trial anew. [1891 c 60 § 2; Code 1881 § 234; 1877 p 49 § 238; 1869 p 58 § 238; RRS § 354.] 4.44.350 Court recess while jury is out. While the jury is absent the court may adjourn from time to time, in respect to other business, but it is nevertheless to be deemed (2002 Ed.) Trial open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged. [1957 c 9 § 2; Code 1881 § 235; 1877 p 49 § 239; 1869 p 58 § 239; 1854 p 166 § 197; RRS § 355.] 4.44.360 Proceedings when jury have agreed. When the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge. Their names shall then be called, and if all do not appear, the rest shall be discharged without giving a verdict. [Code 1881 § 236; 1877 p 49 § 240; 1869 p 58 § 240; RRS § 356.] 4.44.370 Manner of giving verdict. If the jury appear, they shall be asked by the court or the clerk whether they have agreed upon their verdict, and if the foreman answers in the affirmative, he shall on being required declare the same. [Code 1881 § 237; 1877 p 49 § 241; 1869 p 58 § 241; RRS § 357.] 4.44.380 Number of jurors required to render verdict. In all trials by juries of six in the superior court, except criminal trials, when five of the jurors agree upon a verdict, the verdict so agreed upon shall be signed by the foreman, and the verdict shall stand as the verdict of the whole jury, and have all the force and effect of a verdict agreed to by six jurors. In cases where the jury is twelve in number, a verdict reached by ten shall have the same force and effect as described above, and the same procedures shall be followed. [1972 ex.s. c 57 § 4; 1895 c 36 § 1; RRS § 358.] Trial by jury: State Constitution Art. 1 § 21. 4.44.390 Jury may be polled. When the verdict is returned into court either party may poll the jury, and if the number of jurors required for verdict answer that it is the verdict said verdict shall stand. In case the number of jurors required for verdict do not answer in the affirmative the jury shall be returned to the jury room for further deliberation. [1972 ex.s. c 57 § 6; 1895 c 36 § 2; RRS § 359.] 4.44.400 Correction of informal verdict—Polling jury. When a verdict is given and before it is filed, the jury may be polled at the request of either party, for which purpose each shall be asked whether it is his verdict; if any juror answer in the negative the jury shall be sent out for further deliberation. If the verdict be informal or insufficient, it may be corrected by the jury under the advice of the court, or the jury may again be sent out. [Code 1881 § 238; 1877 p 49 § 242; 1869 p 58 § 242; RRS § 360.] Reviser’s note: For later enactment regarding the polling of a jury, see RCW 4.44.390. 4.44.410 General or special verdicts. The verdict of a jury is either general or special. [1984 c 76 § 4; Code 1881 § 240; 1877 p 49 § 244; 1869 p 59 § 244; 1854 p 167 § 198; RRS § 362.] Rules of court: See CR 49. 4.44.420 Verdict in action for specific personal property. In an action for the recovery of specific personal (2002 Ed.) 4.44.350 property, if the property has not been delivered to the plaintiff, or the defendant by his answer claims a return thereof, the jury shall assess the value of the property if their verdict be in favor of the plaintiff, or if they find in favor of the defendant and that he is entitled to a return thereof, they may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the detention or taking and withholding such property. [Code 1881 § 241; 1877 p 50 § 245; 1869 p 59 § 245; 1854 p 167 § 199; RRS § 363.] 4.44.440 Special verdict controls. When a special finding of facts shall be inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly. [Code 1881 § 243; 1877 p 50 § 247; 1869 p 60 § 247; 1854 p 167 § 201; RRS § 365.] Rules of court: Cf. CR 49(b). 4.44.450 Jury to assess amount of recovery. When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant when a setoff for the recovery of money is established beyond the amount of the plaintiff’s claim as established, the jury shall also assess the amount of the recovery; they may also, under the direction of the court, assess the amount of the recovery when the court gives judgment for the plaintiff on the pleadings. [1891 c 60 § 3; Code 1881 § 244; 1877 p 50 § 248; 1869 p 60 § 248; 1854 p 167 § 202; RRS § 366.] 4.44.460 Receiving verdict and discharging jury. When the verdict is given and is such as the court may receive, and if no juror disagrees or the jury be not again sent out, the clerk shall file the verdict. The verdict is then complete and the jury shall be discharged from the case. The verdict shall be in writing, and under the direction of the court shall be substantially entered in the journal as of the day’s proceedings on which it was given. [Code 1881 § 239; 1877 p 49 § 243; 1869 p 59 § 243; RRS § 361.] 4.44.470 Court may fix amount of bond in civil actions. Whenever by statute a bond or other security is required for any purpose in an action or other proceeding in a court of record and if the party shall apply therefor, the court shall have power to prescribe the amount of the bond or other security notwithstanding any requirement of the statute; and in every such case money in an amount prescribed by the court may be deposited with the clerk in lieu of a bond. After a bond or other security shall have been given, the court in its discretion may require additional security either on its own motion or upon motion of an interested party or person. The courts shall exercise care to require adequate though not excessive security in every instance. [1927 c 272 § 1; RRS § 958-4.] Suretyship: Chapters 19.72, 48.28 RCW. 4.44.480 Deposits in court—Order. When it is admitted by the pleading or examination of a party, that he has in his possession, or under his control, any money, or other thing capable of delivery, which being the subject of the litigation, is held by him as trustee for another party, or [Title 4 RCW—page 45] 4.44.480 Title 4 RCW: Civil Procedure which belongs or is due to another party, the court may order the same to be deposited in court, or delivered to such party, with or without security, subject to the further direction of the court. [Code 1881 § 195; 1877 p 41 § 199; 1869 p 49 § 203; 1854 p 163 § 174; RRS § 745.] Rules of court: Cf. CR 67. 4.44.490 Deposits in court—Enforcement of order. Whenever, in the exercise of its authority, a court shall have ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience as for contempt, may make an order requiring the sheriff to take the money or thing, and deposit or deliver it, in conformity with the direction of the court. [Code 1881 § 196; 1877 p 41 § 200; 1869 p 49 § 200; 1854 p 163 § 175; RRS § 746.] Rules of court: Cf. CR 67. 4.44.500 Deposits in court—Custody of money deposited. Money deposited, or paid into a court in an action, shall not be loaned out, unless, with the consent of all parties having an interest in, or making claim to the same. [Code 1881 § 197; 1877 p 41 § 201; 1869 p 49 § 201; 1854 p 163 § 176; RRS § 747.] Rules of court: Cf. CR 38(a). Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 4.48.020 Reference without consent. Where the parties do not consent, the court may upon the application of either party, direct a reference in all cases formerly cognizable in chancery in which reference might be made: (1) When the trial of an issue of fact shall require the examination of a long account on either side, in which case the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein; or, (2) When the taking of an account shall be necessary for the information of the court, before judgment upon an issue of law, or for carrying a judgment or order into effect; or, (3) When a question of fact other than upon the pleadings shall arise, upon motion or otherwise, in any stage of the action; or, (4) When it is necessary for the information of the court in a special proceeding. [1984 c 258 § 513; Code 1881 § 249; 1877 p 51 § 253; 1869 p 61 § 253; 1854 p 168 § 207; RRS § 370.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Rules of court: Cf. CR 67. Chapter 4.48 TRIAL BEFORE REFEREE Sections 4.48.010 4.48.020 4.48.030 4.48.040 4.48.050 4.48.060 4.48.070 4.48.080 4.48.090 4.48.100 4.48.110 4.48.120 4.48.130 Reference by consent—Right to jury trial—Referee may not preside—Parties’ written consent constitutes waiver of right. Reference without consent. To whom reference may be ordered. Qualifications of referees. Challenges to referees. Trial procedure—Powers of referee—Referee to provide clerical personnel. Referee’s report—Contents—Evidence, filing of, frivolous. Proceedings on filing of report. Judgment on referee’s report. Compensation of referee—Trial expense—Obligation of parties, when. Referee’s proposed report—Copies—Objections, etc.— Request for hearing—Final report—Additional items to be filed—Exception—Copies. Termination of referral—Judgment—Review of referee’s decision. Notice of trial before referee. 4.48.010 Reference by consent—Right to jury trial—Referee may not preside—Parties’ written consent constitutes waiver of right. The court shall order all or any of the issues in a civil action, whether of fact or law, or both, referred to a referee upon the written consent of the parties which is filed with the clerk. Any party shall have the right in an action at law, upon an issue of fact, to demand a trial by jury. No referee appointed under this chapter may preside over a jury trial. The written consent of the parties constitutes a waiver of the right of trial by jury by any party having the right. [1984 c 258 § 512; Code 1881 § 248; 1854 p 168 § 206; RRS § 369. Formerly RCW 4.44.100, part, and 4.48.010.] [Title 4 RCW—page 46] 4.48.030 To whom reference may be ordered. A reference may be ordered to any person or persons not exceeding three, agreed upon by the parties. If the reference is not agreed to by the parties, the court may appoint one or more persons, not exceeding three. [1984 c 258 § 514; Code 1881 § 250; 1877 p 51 § 254; 1869 p 61 § 254; 1854 p 168 § 208; RRS § 371.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 4.48.040 Qualifications of referees. A person appointed by the court as a referee or who serves as a referee with the consent of the parties shall be: (1) Qualified as a juror as provided by statute. (2) Competent as juror between the parties. (3) A duly admitted and practicing attorney. [1984 c 258 § 515; Code 1881 § 251; 1877 p 51 § 255; 1859 p 61 § 255; 1854 p 169 § 209; RRS § 372.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 4.48.050 Challenges to referees. If a referee is appointed by the court, each party shall have the same right to challenge the appointment. Challenges shall be made and determined in the same manner and with like effect as in the formation of juries, except that neither party shall be entitled to a peremptory challenge. [1984 c 258 § 516; Code 1881 § 252; 1877 p 52 § 256; 1869 p 61 § 256; RRS § 373.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 4.48.060 Trial procedure—Powers of referee— Referee to provide clerical personnel. (1) Subject to the limitations and directions prescribed in the order of reference, the trial conducted by a referee shall be conducted in (2002 Ed.) Trial Before Referee the same manner as a trial by the court. Unless waived in whole or in part, the referee shall apply the rules of pleading, practice, procedure, and evidence used in the superior courts of this state. The referee shall have the same power to grant adjournments, administer oaths, preserve order, punish all violations thereof upon such trial, compel the attendance of witnesses, and to punish them for nonattendance or refusal to be sworn or testify, as is possessed by the court. (2) A referee appointed under RCW 4.48.010 shall provide clerical personnel necessary for the conduct of the proceeding, including a court reporter. [1984 c 258 § 517; Code 1881 § 253; 1877 p 52 § 257; 1869 p 62 § 257; 1854 p 169 § 210; RRS § 374.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 4.48.070 Referee’s report—Contents—Evidence, filing of, frivolous. The report of a referee appointed by the court under RCW 4.48.020 shall state the facts found, and when the order of reference includes an issue of law, it shall state the conclusions of law separately from the facts. The referee shall file with the report the evidence received upon the trial. If evidence offered by either party shall not be admitted on the trial and the party offering the same excepts to the decision rejecting such evidence at the time, the exceptions shall be noted by the referees and they shall take and receive such testimony and file it with the report. Whatever judgment the court may give upon the report, it shall, when it appears that such evidence was frivolous and inadmissible, require the party at whose instance it was taken and reported, to pay all costs and disbursements thereby incurred. [1984 c 258 § 518; Code 1881 § 254; 1877 p 52 § 258; 1869 p 62 § 258; 1854 p 169 § 210; RRS § 375.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 4.48.080 Proceedings on filing of report. The report of a referee appointed by the court under RCW 4.48.020 shall be filed with the clerk within twenty days after the trial concludes. Either party may, within such time as may be prescribed by the rules of court, or by special order, move to set the same aside, or for judgment thereon, or such order or proceeding as the nature of the case may require. [1984 c 258 § 519; 1957 c 9 § 3; Code 1881 § 255; 1877 p 52 § 259; 1869 p 62 § 259; RRS § 376.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 4.48.090 Judgment on referee’s report. The court may affirm or set aside the report of a referee appointed under RCW 4.48.020 either in whole or in part. If it affirms the report it shall give judgment accordingly. If the report be set aside, either in whole or in part, the court may make another order of reference as to all or so much of the report as is set aside, to the original referees or others, or it may find the facts and determine the law itself and give judgment accordingly. Upon a motion to set aside a report, the conclusions thereof shall be deemed and considered as the verdict of the jury. [1984 c 258 § 520; Code 1881 § 256; 1877 p 52 § 260; 1869 p 62 § 260; RRS § 377.] (2002 Ed.) 4.48.060 Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. 4.48.100 Compensation of referee—Trial expense— Obligation of parties, when. (1) The compensation of a referee appointed under RCW 4.48.020 shall be the same as that established for a superior court judge pro tempore under RCW 2.08.180. (2) If a referee is appointed pursuant to RCW 4.48.010, the referee’s compensation shall be at the rate prescribed by subsection (1) of this section, unless otherwise agreed to by the parties. (3) Payment of the compensation of a referee appointed under RCW 4.48.010 and the expense of the trial before the referee shall be the obligation of the parties. The obligation shall be borne equally unless the parties agree to a different allocation. [1984 c 258 § 524; Code 1881 § 514; 1877 p 109 § 518; 1854 p 202 § 376; RRS § 483.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Supplemental proceedings, fees of referees: RCW 6.32.280. 4.48.110 Referee’s proposed report—Copies— Objections, etc.—Request for hearing—Final report— Additional items to be filed—Exception—Copies. (1) Within twenty days after the conclusion of a trial before a referee appointed under RCW 4.48.010, unless a later time is agreed to by the parties, the referee shall mail to each party a copy of the referee’s proposed written report. The proposed report shall contain the findings of fact and conclusions of law by the referee and the judgment of the referee. (2) Within ten days after receipt of the copy of the proposed report, any party may serve written objections and suggested modifications or corrections to the proposed report on the referee and the other parties. The referee shall without delay consider the objections and suggestions and prepare a final written report. If requested by any party, the referee shall conduct a hearing on the proposed report and any suggested corrections or modifications before preparing the final written report. (3) Upon completion of the final written report, the referee shall file with the clerk of the superior court: (a) Copies of all original papers in the action filed with the referee; (b) Exhibits offered and received or rejected during the trial; (c) The transcript of the proceedings in the trial; and (d) The final written report containing the findings of fact and conclusions of law by the referee and the judgment of the referee. (4) The presiding judge of the superior court may allow the referee to file the final written report under subsection (3) of this section without any of the items listed in subsection (3) (a) through (c) of this section. However, the presiding judge shall require the referee to file those items if a timely notice of appeal of the judgment is filed. (5) When the referee files the written report under subsection (3) of this section, the referee shall also mail to each party a copy of the report. [1984 c 258 § 521.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. [Title 4 RCW—page 47] 4.48.120 Title 4 RCW: Civil Procedure 4.48.120 Termination of referral—Judgment— Review of referee’s decision. (1) Upon receipt by the clerk of the court of the final written report filed under RCW 4.48.110, the referral of the action shall terminate and the presiding judge of the superior court shall order the judgment contained in the report entered as the judgment of the court in the action. Subsequent motions and other post trial proceedings in the action may be conducted and disposed of by the referee upon order of the presiding judge, in the discretion of the presiding judge, or may otherwise be assigned by the presiding judge. (2) The decision of a referee entered as provided in this section may be reviewed in the same manner as if the decision was made by the court. [1984 c 258 § 522.] constitute the judgment roll. [Code 1881 § 299; 1877 p 61 § 303; 1869 p 74 § 301; RRS § 379.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Effect of judgment against executor or administrator. Judgment in case of setoff—When equal or less than plaintiff’s debt. 4.56.070 Judgment in case of setoff—When exceeds plaintiff’s debt— Effect of contract assignment. 4.56.075 Judgment in case of setoff—When exceeds plaintiff’s debt or affirmative relief required. 4.56.080 Judgment in action to recover personal property. 4.56.090 Assignment of judgment—Filing. 4.56.100 Satisfaction of judgments for payment of money. 4.56.110 Interest on judgments. 4.56.115 Interest on judgments against state, political subdivisions or municipal corporations—Torts. 4.56.120 Judgment of dismissal or nonsuit, grounds, effect—Other judgments on merits. 4.56.150 Challenge to legal sufficiency of evidence—Judgment in bar or of nonsuit. 4.56.190 Lien of judgment. 4.56.200 Commencement of lien on real estate. 4.56.210 Cessation of lien—Extension prohibited—Exception. 4.56.250 Claims for noneconomic damages—Limitation. 4.56.260 Award of future economic damages—Proposal for periodic payments—Security—Satisfaction of judgment. Enforcement of judgments: Title 6 RCW. Judgments, financial support of child: RCW 13.34.161. Liens, cessation, financial support of child: RCW 13.34.161. Pleading judgments: RCW 4.36.070. Time limit for decision: State Constitution Art. 4 § 20. Verdict or award of future economic damages in personal injury or property damage action may provide for periodic payments: RCW 4.56.260. 4.48.130 Notice of trial before referee. (1) If an action is to be tried by a referee appointed under RCW 4.48.010, at least five days before the date set for the trial the referee shall advise the clerk of the court of the time and place set for the trial. The clerk shall post in a conspicuous place in the courthouse a notice that includes the names of the parties to the action, the time and place set for the trial, the name of the referee, and a statement that the proceeding is being held before a referee agreed to by the parties under chapter 4.48 RCW. (2) A person interested in attending a trial before a referee appointed under RCW 4.84.010 [4.48.010] is entitled to do so as in a trial of a civil action in superior court. Upon request by any person, the referee shall give the person notice of the time and place set for the trial. [1984 c 258 § 523.] Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Chapter 4.52 AGREED CASES Sections 4.52.010 4.52.020 4.52.030 Controversy may be submitted without action. Judgment to be rendered as in other cases. Enforcement of judgment—Appeal. 4.52.010 Controversy may be submitted without action. Parties to a question in difference which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith to determine the rights of the parties. The court shall thereupon hear and determine the case and render judgment thereon as if an action were pending. [Code 1881 § 298; 1877 p 61 § 302; 1869 p 73 § 300; RRS § 378.] 4.52.020 Judgment to be rendered as in other cases. Judgment shall be entered in the judgment book as in other cases, but without costs for any proceedings prior to the trial. The case, the submission and a copy of the judgment shall [Title 4 RCW—page 48] 4.52.030 Enforcement of judgment—Appeal. The judgment may be enforced in the same manner as if it had been rendered in an action, and shall be in the same manner subject to appeal. [Code 1881 § 300; 1877 p 61 § 304; 1869 p 74 § 302; RRS § 380.] Chapter 4.56 JUDGMENTS—GENERALLY Sections 4.56.050 4.56.060 4.56.050 Effect of judgment against executor or administrator. When a setoff shall be established in an action brought by executors or administrators, and a balance found due to the defendant, the judgment rendered thereon against the plaintiff shall have the same effect as if the action had been originally commenced by the defendant. [Code 1881 § 500; 1877 p 107 § 504; RRS § 269.] Rules of court: Cf. CR 54(b). 4.56.060 Judgment in case of setoff—When equal or less than plaintiff’s debt. If the amount of the setoff, duly established, be equal to the plaintiff’s debt or demand, judgment shall be rendered that the plaintiff take nothing by his action; if it be less than the plaintiff’s debt or demand, the plaintiff shall have judgment for the residue only. [Code 1881 § 503; 1877 p 108 § 507; RRS § 271 1/2.] Rules of court: Cf. CR 54(b). (2002 Ed.) Judgments—Generally 4.56.070 Judgment in case of setoff—When exceeds plaintiff’s debt—Effect of contract assignment. If there be found a balance due from the plaintiff in the action to the defendant, judgment shall be rendered in favor of the defendant for the amount thereof, but no such judgment shall be rendered against the plaintiff when the contract, which is the subject of the action, shall have been assigned before the commencement of such action, nor for any balance due from any other person than the plaintiff in the action. [Code 1881 § 504; 1877 p 108 § 508; RRS § 272. FORMER PART OF SECTION: Code 1881 § 303; RRS § 433 now codified as RCW 4.56.075.] Rules of court: Cf. CR 54(b). 4.56.075 Judgment in case of setoff—When exceeds plaintiff’s debt or affirmative relief required. If a setoff established at the trial, exceeds the plaintiff’s demand so established, judgment for the defendant shall be given for the excess; or if it appears that the defendant is entitled to any affirmative relief, judgment shall be given accordingly. [Code 1881 § 303; 1877 p 62 § 307; 1869 p 74 § 305; 1854 p 173 § 231; RRS § 433. Formerly RCW 4.56.070, part.] Rules of court: Cf. CR 54(b). 4.56.080 Judgment in action to recover personal property. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof, in case a return cannot be had, and damages for taking and withholding the same. [Code 1881 § 304; 1877 p 62 § 308; 1869 p 75 § 306; 1854 p 173 § 232; RRS § 434.] 4.56.090 Assignment of judgment—Filing. When any judgment has been assigned, the assignment may be filed in the office of the county clerk in the county where the judgment is recorded and a certified copy thereof may be filed in any county where an abstract of such judgment has been filed and from the time of such filing shall be notice of such assignment: PROVIDED, That such assignment of a judgment or such certified copy thereof, may not be filed unless it is properly acknowledged before an officer qualified by law to take acknowledgment of deeds. [1935 c 22 § 1, part; 1929 c 60 § 5, part; RRS § 447. Prior: 1893 c 42 § 6.] 4.56.100 Satisfaction of judgments for payment of money. (1) When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgment, costs and interest and any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in such action and identifying the same executed by the judgment creditor or his or her attorney of record in such action or his or her assignee acknowledged as deeds are (2002 Ed.) 4.56.070 acknowledged. The clerk has the authority to note the satisfaction of judgments for criminal and juvenile legal financial obligations when the clerk’s record indicates payment in full or as directed by the court. Every satisfaction of judgment and every partial satisfaction of judgment which provides for the payment of money shall clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause number, and the date of entry of the judgment. A certificate by such clerk of the entry of such satisfaction by him or her may be filed in the office of the clerk of any county in which an abstract of such judgment has been filed. When so satisfied by the clerk or the filing of such certificate the lien of such judgment shall be discharged. (2) The department of social and health services shall file a satisfaction of judgment for welfare fraud conviction if a person does not pay money through the clerk as required under subsection (1) of this section. (3) The department of corrections shall file a satisfaction of judgment if a person does not pay money through the clerk’s office as required under subsection (1) of this section. [1997 c 358 § 4; 1994 c 185 § 1; 1983 c 28 § 1; 1929 c 60 § 6; RRS § 454. Prior: 1893 c 42 § 7.] 4.56.110 Interest on judgments. Interest on judgments shall accrue as follows: (1) Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts: PROVIDED, That said interest rate is set forth in the judgment. (2) All judgments for unpaid child support that have accrued under a superior court order or an order entered under the administrative procedure act shall bear interest at the rate of twelve percent. (3) Except as provided under subsections (1) and (2) of this section, judgments shall bear interest from the date of entry at the maximum rate permitted under RCW 19.52.020 on the date of entry thereof: PROVIDED, That in any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered. [1989 c 360 § 19; 1983 c 147 § 1; 1982 c 198 § 1; 1980 c 94 § 5; 1969 c 46 § 1; 1899 c 80 § 6; 1895 c 136 § 4; RRS § 457.] Application—1983 c 147: "The 1983 amendments of RCW 4.56.110 and 4.56.115 apply only to judgments entered after July 24, 1983." [1983 c 147 § 3.] Effective date—1980 c 94: See note following RCW 4.84.250. 4.56.115 Interest on judgments against state, political subdivisions or municipal corporations—Torts. Judgments founded on the tortious conduct of the state of Washington or of the political subdivisions, municipal corporations, and quasi municipal corporations of the state, whether acting in their governmental or proprietary capacities, shall bear interest from the date of entry at the maximum rate permitted under RCW 19.52.020 on the date of entry thereof: PROVIDED, That in any case where a court [Title 4 RCW—page 49] 4.56.115 Title 4 RCW: Civil Procedure is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered. [1983 c 147 § 2; 1975 c 26 § 1.] Application—1983 c 147: See note following RCW 4.56.110. 4.56.120 Judgment of dismissal or nonsuit, grounds, effect—Other judgments on merits. An action in the superior court may be dismissed by the court and a judgment of nonsuit rendered in the following cases: (1) Upon the motion of the plaintiff, (a) when the case is to be or is being tried before a jury, at any time before the court announces its decision in favor of the defendant upon a challenge to the legal sufficiency of the evidence, or before the jury retire to consider their verdict, (b) when the action, whether for legal or equitable relief, is to be or is being tried before the court without a jury, at any time before the court has announced its decision: PROVIDED, That no action shall be dismissed upon the motion of the plaintiff, if the defendant has interposed a setoff as a defense, or seeks affirmative relief growing out of the same transaction, or sets up a counterclaim, either legal or equitable, to the specific property or thing which is the subject matter of the action. (2) Upon the motion of either party, upon the written consent of the other. (3) When the plaintiff fails to appear at the time of trial and the defendant appears and asks for a dismissal. (4) Upon its own motion, when, upon the trial and before the final submission of the case, the plaintiff abandons it. (5) Upon its own motion, on the refusal or neglect of the plaintiff to make the necessary parties defendants, after having been ordered so to do by the court. (6) Upon the motion of some of the defendants, when there are others whom the plaintiff fails to prosecute with diligence. (7) Upon its own motion, for disobedience of the plaintiff to an order of the court concerning the proceedings in the action. (8) Upon the motion of the defendant, when, upon the trial, the plaintiff fails to prove some material fact or facts necessary to sustain his action, as alleged in his complaint. When judgment of nonsuit is given, the action is dismissed, but such judgment shall not have the effect to bar another action for the same cause. In every case, other than those mentioned in this section, the judgment shall be rendered upon the merits and shall bar another action for the same cause. [1929 c 89 § 1; RRS §§ 408, 409, 410. Formerly RCW 4.56.120, 4.56.130, and 4.56.140. Prior: Code 1881 §§ 286, 287, 288; 1877 p 58 §§ 290, 291, 292; 1869 p 69 §§ 288, 289, 290; 1854 p 171 §§ 223, 224.] Rules of court: Cf. CR 41(a), (b). 4.56.150 Challenge to legal sufficiency of evidence— Judgment in bar or of nonsuit. In all cases tried in the superior court with a jury, the defendant, at the close of the plaintiff’s evidence, or either party, at the close of all the evidence, may challenge the legal sufficiency of the evidence to warrant a verdict in favor of the adverse party, and if the [Title 4 RCW—page 50] court shall decide as a matter of law the evidence does not warrant a verdict, it shall thereupon discharge the jury from further consideration of the case and enter a judgment in accordance with its decision, which judgment if it be in favor of the defendant shall be a bar to another action by the plaintiff for the same cause: PROVIDED, That in case the defendant challenge the legal sufficiency of the evidence at the close of plaintiff’s case, and the court shall decide that it is insufficient merely for failure of proof of some material fact, or facts, and that there is reasonable ground to believe that such proof can be supplied in a subsequent action, the court may discharge the jury and enter a judgment of nonsuit as provided in RCW 4.56.120: AND PROVIDED, FURTHER, That nothing in this section shall be construed to authorize the court to discharge the jury and determine disputed questions of fact. [1929 c 89 § 2; 1895 c 40 § 1; RRS § 410-1.] Rules of court: Cf. CR 50(a). 4.56.190 Lien of judgment. The real estate of any judgment debtor, and such as the judgment debtor may acquire, not exempt by law, shall be held and bound to satisfy any judgment of the district court of the United States rendered in this state and any judgment of the supreme court, court of appeals, superior court, or district court of this state, and every such judgment shall be a lien thereupon to commence as provided in RCW 4.56.200 and to run for a period of not to exceed ten years from the day on which such judgment was entered unless the ten-year period is extended in accordance with RCW 6.17.020(3). As used in this chapter, real estate shall not include the vendor’s interest under a real estate contract for judgments rendered after August 23, 1983. If a judgment debtor owns real estate, subject to execution, jointly or in common with any other person, the judgment shall be a lien on the interest of the defendant only. Personal property of the judgment debtor shall be held only from the time it is actually levied upon. [1994 c 189 § 3. Prior: 1987 c 442 § 1103; 1987 c 202 § 116; 1983 1st ex.s. c 45 § 5; 1980 c 105 § 3; 1971 c 81 § 16; 1929 c 60 § 1; RRS § 445; prior: 1893 c 42 § 9; Code 1881 § 321; 1869 p 78 § 317; 1860 p 51 § 234; 1857 p 11 § 15; 1854 p 175 § 240.] Application—1987 c 442 § 1103: "The amendment of RCW 4.56.190 by this act applies only to judgments entered after July 26, 1987." [1987 c 442 § 1104.] Intent—1987 c 202: See note following RCW 2.04.190. Application—1980 c 105: See note following RCW 4.16.020. Repeal and saving—1929 c 60: "That chapter XXVIII (28), sections 320, 321, 322, and chapter XXIX (29), sections 323 and 324, and section 753 of the Code of Washington Territory of 1881; an act entitled ’An Act relating to the filing and recording of transcripts of judgments rendered in this state by the district or circuit courts of the United States’, approved February 19, 1890, Laws of 1889/90, pages 97 to 98; section 5 of chapter XXXVIII (38) of the Laws of 1891, pages 77 to 78; chapter LXXXIV (84) of the Laws of 1891, pages 165 to 166; chapter XLII (42) of the Laws of 1893 pages 65 to 67, and chapter XXXIX (39) of the Laws of 1897, pages 52 to 53, chapter XI of the Laws of 1897, page 10, (sections 445, 446, 447, 450, 451, 452, 453, 454, 455, 456, 458, 459, 460, 461, 462 and 463 of Remington’s Compiled Statutes; sections 8111, 8112, 8113, 8114, 8115, 8116, 8117, 8118, 8119, 8120, 8121, 8125, 8126, 8163, 8164 and 8165 of Pierce’s Code) are hereby repealed: PROVIDED, That such repeal shall not be construed as affecting any rights acquired or the validity of any act done (2002 Ed.) Judgments—Generally or proceeding had or pending under the provisions of any of said acts repealed." [1929 c 60 § 9.] Entry of judgments—Superior court—District court—Small claims: RCW 6.01.020. Execution of judgments: RCW 6.17.020. 4.56.200 Commencement of lien on real estate. The lien of judgments upon the real estate of the judgment debtor shall commence as follows: (1) Judgments of the district court of the United States rendered or filed in the county in which the real estate of the judgment debtor is situated, and judgments of the superior court for the county in which the real estate of the judgment debtor is situated, from the time of the entry or filing thereof; (2) Judgments of the district court of the United States rendered in any county in this state other than that in which the real estate of the judgment debtor to be affected is situated, judgments of the supreme court of this state, judgments of the court of appeals of this state, and judgments of the superior court for any county other than that in which the real estate of the judgment debtor to be affected is situated, from the time of the filing of a duly certified abstract of such judgment with the county clerk of the county in which the real estate of the judgment debtor to be affected is situated, as provided in this act; (3) Judgments of a district court of this state rendered or filed as a foreign judgment in a superior court in the county in which the real estate of the judgment debtor is situated, from the time of the filing of a duly certified transcript of the docket of the district court with the county clerk of the county in which such judgment was rendered or filed, and upon such filing said judgment shall become to all intents and purposes a judgment of the superior court for said county; and (4) Judgments of a district court of this state rendered or filed in a superior court in any other county in this state than that in which the real estate of the judgment debtor to be affected is situated, a transcript of the docket of which has been filed with the county clerk of the county where such judgment was rendered or filed, from the time of filing, with the county clerk of the county in which the real estate of the judgment debtor to be affected is situated, of a duly certified abstract of the record of said judgment in the office of the county clerk of the county in which the certified transcript of the docket of said judgment of said district court was originally filed. [2002 c 261 § 3; 1987 c 202 § 117; 1971 c 81 § 17; 1929 c 60 § 2; RRS § 445-1.] Reviser’s note: The words at the end of subsection (2) reading "as provided in this act" appeared in chapter 60, Laws of 1929 which is codified as RCW 4.56.090, 4.56.100, 4.56.190 through 4.56.210, 4.64.070, 4.64.090, 4.64.110, and 4.64.120. Intent—1987 c 202: See note following RCW 2.04.190. Entry of verdict in execution docket—Effect—Cessation of lien: RCW 4.64.020, 4.64.100. 4.56.210 Cessation of lien—Extension prohibited— Exception. (1) Except as provided in subsections (2) and (3) of this section, after the expiration of ten years from the date of the entry of any judgment heretofore or hereafter rendered in this state, it shall cease to be a lien or charge against the estate or person of the judgment debtor. No suit, (2002 Ed.) 4.56.190 action or other proceeding shall ever be had on any judgment rendered in this state by which the lien shall be extended or continued in force for any greater or longer period than ten years. (2) An underlying judgment or judgment lien entered after *the effective date of this act for accrued child support shall continue in force for ten years after the eighteenth birthday of the youngest child named in the order for whom support is ordered. All judgments entered after *the effective date of this act shall contain the birth date of the youngest child for whom support is ordered. (3) A lien based upon an underlying judgment continues in force for an additional ten-year period if the period of execution for the underlying judgment is extended under RCW 6.17.020. [1995 c 75 § 1; 1989 c 360 § 2; 1979 ex.s. c 236 § 1; 1929 c 60 § 7; RRS §§ 459, 460. Formerly RCW 4.56.210 and 4.56.220. Prior: 1897 c 39 §§ 1, 2.] *Reviser’s note: This act [1989 c 360] has three effective dates. Sections 9, 10, and 16 are effective May 12, 1989, section 39 is effective July 1, 1990, and the remainder of this act is effective July 23, 1989. Entry of judgments—Superior court—District court—Small claims: RCW 6.01.020. 4.56.250 Claims for noneconomic damages— Limitation. (1) As used in this section, the following terms have the meanings indicated unless the context clearly requires otherwise. (a) "Economic damages" means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities. (b) "Noneconomic damages" means subjective, nonmonetary losses, including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parentchild relationship. (c) "Bodily injury" means physical injury, sickness, or disease, including death. (d) "Average annual wage" means the average annual wage in the state of Washington as determined under RCW 50.04.355. (2) In no action seeking damages for personal injury or death may a claimant recover a judgment for noneconomic damages exceeding an amount determined by multiplying 0.43 by the average annual wage and by the life expectancy of the person incurring noneconomic damages, as the life expectancy is determined by the life expectancy tables adopted by the insurance commissioner. For purposes of determining the maximum amount allowable for noneconomic damages, a claimant’s life expectancy shall not be less than fifteen years. The limitation contained in this subsection applies to all claims for noneconomic damages made by a claimant who incurred bodily injury. Claims for loss of consortium, loss of society and companionship, destruction of the parent-child relationship, and all other derivative claims asserted by persons who did not sustain bodily injury are to be included within the limitation on [Title 4 RCW—page 51] 4.56.250 Title 4 RCW: Civil Procedure claims for noneconomic damages arising from the same bodily injury. (3) If a case is tried to a jury, the jury shall not be informed of the limitation contained in subsection (2) of this section. [1986 c 305 § 301.] section shall revert to the judgment debtor. [1986 c 305 § 801.] Reviser’s note: As to the constitutionality of this section, see Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989). Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. Chapter 4.60 JUDGMENT BY CONFESSION 4.56.260 Award of future economic damages— Proposal for periodic payments—Security—Satisfaction of judgment. (1) In an action based on fault seeking damages for personal injury or property damage in which a verdict or award for future economic damages of at least one hundred thousand dollars is made, the court or arbitrator shall, at the request of a party, enter a judgment which provides for the periodic payment in whole or in part of the future economic damages. With respect to the judgment, the court or arbitrator shall make a specific finding as to the dollar amount of periodic payments intended to compensate the judgment creditor for the future economic damages. (2) Prior to entry of judgment, the court shall request each party to submit a proposal for periodic payment of future economic damages to compensate the claimant. Proposals shall include provisions for: The name of the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, the number of payments or the period of time over which the payments shall be made, modification for hardship or unforeseen circumstances, posting of adequate security, and any other factor the court deems relevant under the circumstances. After each party has submitted a proposal, the court shall select the proposal, with any changes the court deems proper, which in the discretion of the court and the interests of justice best provides for the future needs of the claimant and enter judgment accordingly. (3) If the court enters a judgment for periodic payments and any security required by the judgment is not posted within thirty days, the court shall enter a judgment for the payment of future damages in a lump sum. (4) If at any time following entry of judgment for periodic payments, a judgment debtor fails for any reason to make a payment in a timely fashion according to the terms of the judgment, the judgment creditor may petition the court for an order requiring payment by the judgment debtor of the outstanding payments in a lump sum. In calculating the amount of the lump sum judgment, the court shall total the remaining periodic payments due and owing to the judgment creditor converted to present value. The court may also require payment of interest on the outstanding judgment. (5) Upon the death of the judgment creditor, the court which rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages. Money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor. (6) Upon satisfaction of a periodic payment judgment, any obligation of the judgment debtor to make further payments shall cease and any security posted pursuant to this [Title 4 RCW—page 52] Preamble—Report to legislature—Applicability—Severability— 1986 c 305: See notes following RCW 4.16.160. Sections 4.60.010 Judgment on confession authorized. 4.60.020 Confession by public and private corporations and minors. 4.60.030 Confession by person jointly liable. 4.60.040 Confession, how made. 4.60.050 Judgment by confession without suit. 4.60.060 Statement in writing—Requisites. 4.60.070 Judgment on confession—Entry—Execution. Damages, assessment without answer: RCW 4.28.290. 4.60.010 Judgment on confession authorized. On the confession of the defendant, with the assent of the plaintiff or his attorney, judgment may be given against the defendant in any action before or after answer, for any amount or relief not exceeding or different from that demanded in the complaint. [Code 1881 § 291; 1877 p 60 § 295; 1869 p 72 Â&sect; 293; 1854 p 172 §§ 226-228; RRS § 413.] 4.60.020 Confession by public and private corporations and minors. When the action is against the state, a county or other public corporation therein, or a private corporation, or a minor, the confession shall be made by the person who at the time sustains the relation to such state, corporation, county or minor, as would authorize the service of a notice [summons] upon him; or in the case of a minor, if a guardian for the action has been appointed, then by such guardian; in all other cases the confession shall be made by the defendant in person. [Code 1881 § 292; 1877 p 60 § 296; 1869 p 72 § 294; RRS § 414.] 4.60.030 Confession by person jointly liable. When the action is upon a contract and against one or more defendants jointly liable, judgment may be given on the confession of one or more defendants, against all the defendants thus jointly liable, whether such defendants have been served or not, to be enforced only against their joint property and against the joint and separate property of the defendant making the confession. [Code 1881 § 293; 1877 p 60 § 297; 1869 p 72 § 295; RRS § 415.] 4.60.040 Confession, how made. The confession and assent thereto shall be in writing and subscribed by the parties making the same, and acknowledged by each before some officer authorized to take acknowledgments of deeds. [Code 1881 § 294; 1877 p 60 § 298; 1869 p 72 § 296; RRS § 416.] 4.60.050 Judgment by confession without suit. A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, (2002 Ed.) Judgment by Confession or both, in the manner prescribed by this chapter. [Code 1881 § 295; 1877 p 60 § 299; 1869 p 73 § 297; RRS § 417.] 4.60.060 Statement in writing—Requisites. A statement in writing shall be made, signed by the defendant and verified by his oath, to the following effect: (1) It shall authorize the entry of judgment for a specified sum. (2) If it be for money due or to become due, it shall state concisely the facts out of which the indebtedness arose, and shall show that the sum confessed to be due, is justly due or to become due. (3) If it be for the purpose of securing the plaintiff against a contingent liability, it shall state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same. [Code 1881 § 296; 1877 p 61 § 300; 1869 p 73 § 298; RRS § 418.] 4.60.070 Judgment on confession—Entry— Execution. The statement must be presented to the superior court or a judge thereof, and if the same be found sufficient, the court or judge shall indorse thereon an order that judgment be entered by the clerk; whereupon it may be filed in the office of the clerk, who shall enter a judgment for the amount confessed, with costs. Execution may be issued and enforced thereon in the same manner as upon judgments in other cases. [Code 1881 § 297; 1877 p 61 § 301; 1869 p 73 § 299; RRS § 419.] Chapter 4.64 ENTRY OF JUDGMENTS Sections 4.64.010 4.64.020 4.64.030 4.64.060 4.64.080 4.64.090 4.64.100 4.64.110 4.64.120 Time of entering judgment—Motions—Filing—Recording. Entry of verdict in execution docket—Effect. Entry of judgment—Form of judgment summary. Execution docket—Index of record. Entries in execution docket. Abstract of judgment. Abstract of verdict—Cessation of lien, certificate. Transcript of district court docket. Entry of abstract or transcript of judgment. 4.64.010 Time of entering judgment—Motions— Filing—Recording. Reviser’s note: RCW 4.64.010 was amended by 1984 c 128 § 5 without reference to its repeal by 1984 c 76 § 16. It has been decodified for publication purposes pursuant to RCW 1.12.025. 4.64.020 Entry of verdict in execution docket— Effect. (1) The clerk on the return of a verdict shall forthwith enter it in the execution docket, specifying the amount, the names of the parties to the action, and the names of the party or parties against whom the verdict is rendered; such entry shall be indexed in the record index and shall conform as near as may be to entries of judgments required to be made in the execution docket. (2) Beginning at eight o’clock a.m. the day after the entry of a verdict as herein provided, it shall be notice to all the world of the rendition thereof, and any person subsequently acquiring title to or a lien upon the real property of the party or parties against whom the verdict is returned (2002 Ed.) 4.60.050 shall be deemed to have acquired such title or lien with notice, and such title or lien shall be subject and inferior to any judgment afterwards entered on the verdict. [1987 c 442 § 1109; 1927 c 176 § 1; 1921 c 65 § 2; RRS § 431-1.] Rules of court: Cf. CR 58(b). 4.64.030 Entry of judgment—Form of judgment summary. (1) The clerk shall enter all judgments in the execution docket, subject to the direction of the court and shall specify clearly the amount to be recovered, the relief granted, or other determination of the action. (2)(a) On the first page of each judgment which provides for the payment of money, including judgments in rem, mandates of judgments, and judgments on garnishments, the following shall be succinctly summarized: The judgment creditor and the name of his or her attorney, the judgment debtor, the amount of the judgment, the interest owed to the date of the judgment, and the total of the taxable costs and attorney fees, if known at the time of the entry of the judgment. (b) If the judgment provides for the award of any right, title, or interest in real property, the first page must also include an abbreviated legal description of the property in which the right, title, or interest was awarded by the judgment, including lot, block, plat, or section, township, and range, and reference to the judgment page number where the full legal description is included, if applicable; or the assessor’s property tax parcel or account number, consistent with RCW 65.04.045(1) (f) and (g). (c) If the judgment provides for damages arising from the ownership, maintenance, or use of a motor vehicle as specified in RCW 46.29.270, the first page of the judgment summary must clearly state that the judgment is awarded pursuant to RCW 46.29.270 and that the clerk must give notice to the department of licensing as outlined in RCW 46.29.310. (3) If the attorney fees and costs are not included in the judgment, they shall be summarized in the cost bill when filed. The clerk may not enter a judgment, and a judgment does not take effect, until the judgment has a summary in compliance with this section. The clerk is not liable for an incorrect summary. [2000 c 41 § 1; 1999 c 296 § 1; 1997 c 358 § 5; 1995 c 149 § 1; 1994 c 185 § 2; 1987 c 442 § 1107; 1984 c 128 § 6; 1983 c 28 § 2; Code 1881 § 305; 1877 p 62 § 309; 1869 p 75 § 307; RRS § 435.] Rules of court: Cf. CR 58(a), CR 58(b), CR 78(e). 4.64.060 Execution docket—Index of record. Every county clerk shall keep in the clerk’s office a record, to be called the execution docket, which shall be a public record and open during the usual business hours to all persons desirous of inspecting it. The record must be indexed both directly and inversely, and include all judgments, abstracts, and transcripts of judgments in the clerk’s office. The index must refer to each party against whom the judgment is rendered or whose property is affected by the judgment. [1997 c 358 § 6; 1987 c 442 § 1105; 1967 ex.s. c 34 § 1; Code 1881 § 307; 1877 p 62 § 311; 1869 p 75 § 309; 1854 p 173 § 234; RRS § 444.] [Title 4 RCW—page 53] 4.64.080 Title 4 RCW: Civil Procedure 4.64.080 Entries in execution docket. When entering a judgment in the execution docket, the clerk shall leave space on the same page, if practicable, in which the clerk shall enter, in the order in which they occur, all the proceedings subsequent to the judgment in the case until its final satisfaction, including when and to what county an execution is issued, when returned, and the return or the substance thereof. When the execution is levied on personal property which is returned unsold, the entry shall be: "levied (noting the date) on property not sold." When any sheriff shall furnish the clerk with a copy of any levy upon real estate on any judgment the minutes of which are entered in the execution docket, the entry shall be: "levied upon real estate," noting the date. When any execution issued to any other county is returned levied upon real estate in such county, the entry in the docket shall be, "levied on real estate of . . . . . ., in . . . . . . county," noting the date, county, and defendants whose estate is levied upon. When any money is paid, the amount and time when paid shall be entered. When a judgment is appealed, modified, discharged, or in any manner satisfied, the facts in respect thereto shall be entered. The parties interested may also assign or discharge such judgment on such execution docket. When the judgment is fully satisfied in any way, the clerk shall write the word "satisfied," in large letters across the face of the record of such judgment in the execution docket. [1987 c 442 § 1108; 1957 c 7 § 6; 1923 c 130 § 2; Code 1881 § 310; 1877 p 63 § 314; 1869 p 76 § 312; 1854 p 174 § 237; RRS § 448.] 4.64.090 Abstract of judgment. The abstract of a judgment shall contain (1) the name of the party, or parties, in whose favor the judgment was rendered; (2) the name of the party, or parties, against whom the judgment was rendered; (3) the date of the rendition of the judgment; (4) the amount for which the judgment was rendered, and in the following manner, viz: Principal $. . . .; interest $. . . .; costs $. . . .; total $. . . . . [1987 c 442 § 1113; 1957 c 7 § 8. Prior: 1929 c 60 § 3, part; 1893 c 42 § 3; RRS § 451.] 4.64.100 Abstract of verdict—Cessation of lien, certificate. The clerk shall, on request and at the expense of the party in whose favor the verdict is rendered, or the party’s attorney, prepare an abstract of such verdict in substantially the same form as an abstract of a judgment and transmit such abstract to the clerk of any court in any county in the state as directed, and shall make a note on the execution docket of the name of the county to which each of such abstracts is sent. The clerk receiving such abstract shall, on payment of the statutory fee, enter and index it in the execution docket in the same manner as an abstract of judgment. The entry shall have the same effect in such county as in the county where the verdict was rendered. Whenever the verdict, or any judgment rendered thereon, shall cease to be a lien in the county where rendered, the clerk of the court shall on request of anyone, and the payment of the cost and expense thereof, certify that the lien has ceased, and transmit such certificate to the clerk of any court to which an abstract was forwarded, and the clerk receiving the certificate, on payment of the statutory fee, shall enter it in the execution docket, and then the lien of [Title 4 RCW—page 54] such verdict or judgment shall cease. Nothing in this section or RCW 4.64.020 shall be construed as authorizing the issuance of an execution by a clerk in any other county than that in which the judgment is rendered. [1987 c 442 § 1110; 1984 c 76 § 5; 1921 c 65 § 3; RRS § 431-2.] Fees of superior court clerks: RCW 36.18.020. supreme and appellate court clerks: RCW 2.32.070. 4.64.110 Transcript of district court docket. A transcript of the district court docket shall contain an exact copy of the district court judgment from the docket. [1987 c 202 § 118; 1957 c 7 § 9. Prior: 1929 c 60 § 3, part; 1893 c 42 § 4; RRS § 452.] Intent—1987 c 202: See note following RCW 2.04.190. 4.64.120 Entry of abstract or transcript of judgment. It shall be the duty of the county clerk to enter in the execution docket any duly certified transcript of a judgment of a district court of this state and any duly certified abstract of any judgment of any court mentioned in RCW 4.56.200, filed in the county clerk’s office, and to index the same in the same manner as judgments originally rendered in the superior court for the county of which he or she is clerk. Jurisdiction over the judgment, including modification to or vacation of the original judgment, transfers to the superior court. The superior court may, in its discretion, remand the cause to district court for determination of any motion to vacate or modify the original judgment. [1997 c 358 § 2. Prior: 1987 c 442 § 1111; 1987 c 202 § 119; 1929 c 60 § 4; RRS § 453; prior: 1893 c 42 § 5.] Intent—1987 c 202: See note following RCW 2.04.190. Chapter 4.68 PROCEDURE TO BIND JOINT DEBTOR Sections 4.68.010 4.68.020 4.68.030 4.68.040 4.68.050 4.68.060 Summons after judgment. Contents of summons. Affidavit must accompany summons. Defenses. Pleadings. Trial. 4.68.010 Summons after judgment. When a judgment is recorded against one or more of several persons jointly indebted upon an obligation by proceeding as provided by the court by rule, such defendants who were not originally served with the summons, and did not appear to the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons. [1984 c 76 § 6; Code 1881 § 314; 1877 p 64 § 318; RRS § 436.] 4.68.020 Contents of summons. The summons, as provided in RCW 4.68.010, must describe the judgment, and require the person summoned to show cause why he should not be bound by it, and must be served in the same manner and returnable within the same time, as the original sum- (2002 Ed.) Procedure to Bind Joint Debtor 4.68.020 4.68.040 Defenses. Upon the service of such summons and affidavit, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently to the taking of the judgment, or he may deny his liability on the obligation upon which the judgment was rendered, except a discharge from such liability by the statute of limitations. [Code 1881 § 317; 1877 p 65 § 321; RRS § 439.] (2) By a new trial granted in proceedings against defendant served by publication only as prescribed in RCW 4.28.200. (3) For mistakes, neglect or omission of the clerk, or irregularity in obtaining a judgment or order. (4) For fraud practiced by the successful party in obtaining the judgment or order. (5) For erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings. (6) For the death of one of the parties before the judgment in the action. (7) For unavoidable casualty, or misfortune preventing the party from prosecuting or defending. (8) For error in a judgment shown by a minor, within twelve months after arriving at full age. [1957 c 9 § 4; Code 1881 § 436; 1877 p 96 § 438; 1875 p 20 § 1; RRS § 464.] 4.68.050 Pleadings. If the defendant in his answer, deny the judgment, or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he deny his liability on the obligation upon which the judgment was rendered, a copy of the original complaint and judgment, the summons with the affidavit annexed, and the answer constitute such written allegations. [Code 1881 § 318; 1877 p 65 § 322; RRS § 440.] 4.72.020 Motion to vacate—Time limitation. The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his attorney in the action, and within one year. [1891 c 27 § 1; Code 1881 § 438; 1877 p 97 § 440; 1875 p 21 § 3; RRS § 466.] mons. It is not necessary to file a new complaint. [Code 1881 § 315; 1877 p 64 § 319; RRS § 437.] 4.68.030 Affidavit must accompany summons. The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon. [Code 1881 § 316; 1877 p 65 § 320; RRS § 438.] Rules of court: Cf. CR 52(d), CR 60(b). Judgment to recover realty, vacation: RCW 7.28.260. Rules of court: Cf. CR 60(b). 4.68.060 Trial. The issue formed may be tried as in other cases, but when the defendant denies in his answer any liability on the obligation upon which the judgment was rendered, if a verdict be found against him, it must not exceed the amount remaining unsatisfied on such original judgment, with interest thereon. [Code 1881 § 319; 1877 p 65 § 323; RRS § 441.] Chapter 4.72 VACATION AND MODIFICATION OF JUDGMENTS 4.72.030 Petition to vacate for certain causes—Time limitation. RCW 4.72.010 (2), (3), (4), (5), (6), and (7) shall be by petition verified by affidavit, setting forth the judgment or order, the facts or errors constituting a cause to vacate or modify it, and if the party is a defendant, the facts constituting a defense to the action; and such proceedings must be commenced within one year after the judgment or order was made, unless the party entitled thereto be a minor or person of unsound mind, and then within one year from the removal of such disability. [1891 c 27 § 2; Code 1881 § 439; 1877 p 97 § 441; 1875 p 21 § 4; RRS § 467.] Rules of court: Cf. CR 60(b). Sections 4.72.010 4.72.020 4.72.030 4.72.050 4.72.060 4.72.070 4.72.080 4.72.090 Causes for enumerated. Motion to vacate—Time limitation. Petition to vacate for certain causes—Time limitation. Conditions precedent to vacation. Grounds for vacation may first be tried. Injunction to suspend proceedings. Construction of chapter—Time limitations when fraud, misrepresentation concerned. Judgment upon denial of application. 4.72.010 Causes for enumerated. The superior court in which a judgment or final order has been rendered, or made, shall have power to vacate or modify such judgment or order: (1) By granting a new trial for the cause, within the time and in the manner, and for any of the causes prescribed by the rules of court relating to new trials. (2002 Ed.) 4.72.050 Conditions precedent to vacation. The judgment shall not be vacated on motion or petition until it is adjudged that there is a valid defense to the action in which the judgment is rendered; or, if the plaintiff seeks its vacation, that there is a valid cause of action; and when judgment is modified, all liens and securities obtained under it shall be preserved to the modified judgment. [Code 1881 § 441; 1877 p 97 § 443; 1875 p 22 § 6; RRS § 469.] 4.72.060 Grounds for vacation may first be tried. The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action. [Code 1881 § 442; 1877 p 97 § 440; 1875 p 22 § 7; RRS § 470.] [Title 4 RCW—page 55] 4.72.070 Title 4 RCW: Civil Procedure 4.72.070 Injunction to suspend proceedings. The party seeking to vacate or modify a judgment or order may obtain an injunction suspending proceedings on the whole or part thereof, which injunction may be granted by the court or the judge upon its being rendered probable, by affidavit or petition sworn to, or by exhibition of the record, that the party is entitled to have such judgment or order vacated or modified. [Code 1881 § 443; 1877 p 97 § 445; 1875 p 22 § 8; RRS § 471.] Rules of court: Cf. CR 62. 4.72.080 Construction of chapter—Time limitations when fraud, misrepresentation concerned. The provisions of this chapter shall not be so construed as to affect the power of the court to vacate or modify judgments or orders as elsewhere in this code provided; nor shall the time limitations set forth in this chapter within which proceedings to vacate or modify a judgment must be started apply to a judgment heretofore or hereafter entered by consent or stipulation where the grounds to vacate or modify such judgment are based on fraud or misrepresentation, or when after the entry of the judgment either party fails to fulfill the terms and conditions on which the consent judgment or stipulation was entered; nor shall any judgment of acquittal in a criminal action be vacated under the provisions of this chapter. [1961 c 88 § 1; 1891 c 27 § 4; RRS § 472.] Reviser’s note: The words "this code" appeared in 1891 c 27 § 4. 4.72.090 Judgment upon denial of application. In all cases in which an application under this chapter to vacate or modify a judgment or order for the recovery of money is denied, if proceedings on the judgment or order shall have been suspended, judgment shall be rendered against the plaintiff [applicant] for the amount of the former judgment or order, interest and costs, together with damages at the discretion of the court, not exceeding ten percent on the amount of the judgment or order. [1891 c 27 § 5; Code 1881 § 444; 1877 p 97 § 446; 1875 p 22 § 9; RRS § 473.] Chapter 4.76 NEW TRIALS Sections 4.76.010 4.76.030 4.76.070 4.76.080 New trial defined. Increase or reduction of verdict as alternative to new trial. Newly discovered evidence, requirements as to. Petition for new trial when discovery of grounds delayed. 4.76.010 New trial defined. A new trial is a reexamination of an issue in the same court after a trial and decision by a jury, court or referees. [Code 1881 § 275; 1877 p 56 § 279; 1869 p 67 § 277; 1854 p 170 § 215; RRS § 398.] 4.76.030 Increase or reduction of verdict as alternative to new trial. If the trial court shall, upon a motion for new trial, find the damages awarded by a jury to be so excessive or inadequate as unmistakably to indicate that the amount thereof must have been the result of passion or prejudice, the trial court may order a new trial or may enter an order providing for a new trial unless the party adversely affected shall consent to a reduction or increase of such [Title 4 RCW—page 56] verdict, and if such party shall file such consent and the opposite party shall thereafter appeal from the judgment entered, the party who shall have filed such consent shall not be bound thereby, but upon such appeal the court of appeals or the supreme court shall, without the necessity of a formal cross-appeal, review de novo the action of the trial court in requiring such reduction or increase, and there shall be a presumption that the amount of damages awarded by the verdict of the jury was correct and such amount shall prevail, unless the court of appeals or the supreme court shall find from the record that the damages awarded in such verdict by the jury were so excessive or so inadequate as unmistakably to indicate that the amount of the verdict must have been the result of passion or prejudice. [1971 c 81 § 19; 1933 c 138 § 2; RRS § 399-1.] Severability—1933 c 138: "Adjudication of invalidity of any of the sections of this act, or any part of any section, shall not impair or otherwise affect the validity of any other of said sections or remaining part of any section." [1933 c 138 § 3.] 4.76.070 Newly discovered evidence, requirements as to. If the motion be supported by affidavits and the cause be newly discovered evidence, the affidavits of any witness or witnesses, showing what their testimony will be, shall be produced or good reasons shown for their nonproduction. [1891 c 59 § 2; Code 1881 § 282; 1877 p 57 § 286; 1869 p 68 § 284; 1854 p 170 § 219; RRS § 403.] 4.76.080 Petition for new trial when discovery of grounds delayed. When the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the time when the verdict, report of referee, or decision was rendered or made, the application may be made by petition filed as in other cases, not later than after the discovery, on which notice shall be served and returned, and the defendant held to appear as in an original action. The facts stated in the petition shall be considered as denied without answer. The case shall be tried as other cases by ordinary proceedings, but no motion shall be filed more than one year after the final judgment was rendered. [1955 c 44 § 1; Code 1881 § 437; 1875 p 21 § 2; RRS § 465.] Chapter 4.80 EXCEPTIONS Sections 4.80.010 Exception defined. 4.80.020 When to be taken. 4.80.030 Requisites—Entry in minutes. 4.80.040 Manner of taking and entry. 4.80.140 Application of chapter. Rules of court: Cf. CR 46. 4.80.010 Exception defined. An exception is a claim of error in a ruling or decision of a court, judge or other tribunal, or officer exercising judicial functions, made in the course of an action or proceeding or after judgment therein. [1893 c 60 § 1; RRS § 381.] Rules of court: Cf. CR 46. Construction—1893 c 60: "This act shall govern proceedings had after it shall take effect, in actions then pending as well as those in actions (2002 Ed.) Exceptions thereafter begun; but it shall not affect any right acquired or proceeding had prior to the time when it shall take effect, nor restore any right or enlarge any time then already lost or expired. And except as above provided all acts and parts of acts inconsistent with the provisions of this act are hereby repealed." [1893 c 60 § 18.] This applies to RCW 4.80.010 through 4.80.140. 4.80.020 When to be taken. It shall not be necessary or proper to take or enter an exception to any ruling or decision mentioned in RCW 4.80.010, which is embodied in a written judgment, order or journal entry in the cause. But this section shall not apply to the report of a referee or commissioner, or to findings of fact or conclusions of law in a report or decision of a referee or commissioner, or in a decision of a court or judge upon a cause or part of a cause, either legal or equitable, tried without a jury. [1893 c 60 § 2; RRS § 382.] Rules of court: Cf. CR 46. 4.80.030 Requisites—Entry in minutes. Exceptions to any ruling upon an objection to the admission of evidence, offered in the course of a trial or hearing, need not be formally taken, but the question put or other offer of evidence, together with the objection thereto and the ruling thereon, shall be entered by the court, judge, referee or commissioner (or by the stenographer, if one is in attendance) in the minutes of the trial or hearing, and such entry shall import an exception by the party against whom the ruling was made. [1893 c 60 § 5; RRS § 385.] Rules of court: Cf. CR 46. 4.80.040 Manner of taking and entry. Exceptions to any ruling or decision made in the course of a trial or hearing, or in the progress of a cause, except those to which it is provided in this chapter that no exception need be taken and those to which some other mode of exception is in this chapter prescribed, may be taken by any party by stating to the court, judge, referee or commissioner making the ruling or decision, when the same is made, that such party excepts to the same; whereupon such court, judge, referee or commissioner shall note the exception in the minutes of the trial, hearing or cause, or shall cause the stenographer (if one is in attendance) so to note the same. [1893 c 60 § 6; RRS § 386.] Rules of court: Cf. CR 46. 4.80.140 Application of chapter. This chapter shall apply to and govern all civil actions and proceedings, both legal and equitable, and all criminal causes, in the superior courts, but shall not apply to district courts or other courts of limited jurisdiction from which an appeal does not lie directly to the supreme court or court of appeals. [1987 c 202 § 120; 1971 c 81 § 21; 1893 c 60 § 17; RRS § 397, part.] Intent—1987 c 202: See note following RCW 2.04.190. (2002 Ed.) 4.80.010 Chapter 4.84 COSTS Sections 4.84.010 Costs allowed to prevailing party—Defined—Compensation of attorneys. 4.84.020 Amount of contracted attorneys’ fee to be fixed by court. 4.84.030 Prevailing party to recover costs. 4.84.040 Limitation on costs in certain actions. 4.84.050 Limited to one of several actions. 4.84.060 Costs to defendant. 4.84.070 Costs to defendants defending separately. 4.84.080 Schedule of attorneys’ fees. 4.84.090 Cost bill—Witnesses to report attendance. 4.84.100 Costs on postponement of trial. 4.84.110 Costs where tender is made. 4.84.120 Costs where deposit in court is made and rejected. 4.84.130 Costs in appeals from district courts. 4.84.140 Costs against guardian of infant plaintiff. 4.84.150 Costs against fiduciaries. 4.84.160 Costs against assignee. 4.84.170 Costs against state or county. 4.84.185 Prevailing party to receive expenses for opposing frivolous action or defense. 4.84.190 Costs in proceedings not specifically covered. 4.84.200 Retaxation of costs. 4.84.210 Security for costs. 4.84.220 Bond in lieu of separate security. 4.84.230 Dismissal for failure to give security. 4.84.240 Judgment on cost bond. 4.84.250 Attorneys’ fees as costs in damage actions of ten thousand dollars or less—Allowed to prevailing party. 4.84.260 Attorneys’ fees as costs in damage actions of ten thousand dollars or less—When plaintiff deemed prevailing party. 4.84.270 Attorneys’ fees as costs in damage actions of ten thousand dollars or less—When defendant deemed prevailing party. 4.84.280 Attorneys’ fees as costs in damage actions of ten thousand dollars or less—Offers of settlement in determining. 4.84.290 Attorneys’ fees as costs in damage actions of ten thousand dollars or less—Prevailing party on appeal. 4.84.300 Attorneys’ fees as costs in damage actions of ten thousand dollars or less—Application. 4.84.320 Attorneys’ fees in actions for injuries resulting from the rendering of medical and other health care. 4.84.330 Actions on contract or lease which provides that attorney’s fees and costs incurred to enforce provisions be awarded to one of parties—Prevailing party entitled to attorney’s fees—Waiver prohibited. 4.84.340 Judicial review of agency action—Definitions. 4.84.350 Judicial review of agency action—Award of fees and expenses. 4.84.360 Judicial review of agency action—Payment of fees and expenses—Report to office of financial management. 4.84.370 Appeal of land use decisions—Fees and costs. Deposit of jury fee taxable as costs: RCW 4.44.110. 4.84.010 Costs allowed to prevailing party— Defined—Compensation of attorneys. The measure and mode of compensation of attorneys and counselors, shall be left to the agreement, expressed or implied, of the parties, but there shall be allowed to the prevailing party upon the judgment certain sums by way of indemnity for the prevailing party’s expenses in the action, which allowances are termed costs, including, in addition to costs otherwise authorized by law, the following expenses: (1) Filing fees; (2) Fees for the service of process by a public officer, registered process server, or other means, as follows: (a) When service is by a public officer, the recoverable cost is the fee authorized by law at the time of service. [Title 4 RCW—page 57] 4.84.010 Title 4 RCW: Civil Procedure (b) If service is by a process server registered pursuant to chapter 18.180 RCW or a person exempt from registration, the recoverable cost is the amount reasonably incurred in effecting service; (3) Fees for service by publication; (4) Notary fees, but only to the extent the fees are for services that are expressly required by law and only to the extent they represent actual costs incurred by the prevailing party; (5) Reasonable expenses, exclusive of attorneys’ fees, incurred in obtaining reports and records, which are admitted into evidence at trial or in mandatory arbitration in superior or district court, including but not limited to medical records, tax records, personnel records, insurance reports, employment and wage records, police reports, school