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AGO 1953 No. 52 - May 25, 1953
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Don Eastvold | 1953-1956 | Attorney General of Washington

FEES -- JUSTICE & SUPERIOR COURTS -- CLASS AA COUNTY -- FOR COUNTY LAW LIBRARIES

Clerks of Superior & Justice courts in Class AA county are authorized to collect fees for support of county law library.

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                                                                   May 25, 1953

Honorable Charles O. Carroll
Prosecuting Attorney
King County
County-City Building
Seattle, Washington                                                                                                                Cite as:  AGO 53-55 No. 52

Attention:  !ttMr. K. G. Smiles
            Chief Civil Deputy

Dear Sir:

            You have requested the opinion of this office on the following question: Under chapter 249, Laws of 1953, are the clerks of Justice and Superior Courts in Class "AA" Counties authorized to collect fees for support of county law libraries?

            In our opinion the answer to this question is "Yes."

                                                                     ANALYSIS

            Section 1 of chapter 249, Laws of 1953, authorizes collection of certain fees by clerks of Superior and Justice Courts in first class and class A counties, by way of amendment to RCW 27.24.070.  Section 2 of the same chapter requires the payment of these fees to the county treasury for the county law library fund.

            Section 1, chapter 22, Laws of 1953, provides that counties having a population of five hundred thousand or more shall be classified as class AA counties.  Section  [[Orig. Op. Page 2]] 2 of that chapter amends RCW 36.13.090 to read as follows:

            "All provisions of law relative to the powers and duties of first class counties and the officers thereof shall apply with equal force to class A counties and class AA counties, except as otherwise provided by law."  (Emphasis supplied)

            Since first class counties have the power to collect such fees, class AA counties would have the same power by virtue of the quoted provision.  The amount of such fees in a class AA county is not fixed by chapter 249.  We believe that the fees authorized by that chapter for class A counties would be the proper fees until further legislation on the subject.

            We conclude that clerks of Superior and Justice courts in a class AA county may collect fees for the support of the county law library.

Very truly yours,

DON EASTVOLD
Attorney General

A. J. HUTTON, JR.
Assistant Attorney General

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