Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1963 NO. 14 >

(1) In criminal cases in which a filing fee is chargeable in justice courts under § 111, chapter 299, Laws of 1961, the fee is $4.00 notwithstanding the number of separate counts which may be contained in the complaint. (2) In those cases where (pursuant to § 111) no filing fee is to be assessed or collected other than as part of the fine or penalty imposed upon conviction, the four dollar filing fee is not to be assessed in addition to the ordinary fine for penalty imposed. (3) In those cases where (pursuant to § 111) no filing fee is to be assessed or collected other than as part of the fine or penalty imposed upon conviction, the court may suspend only that part of the fine or penalty imposed which is in excess of the nonsuspendable four dollar filing fee.

AGO 1994 NO. 15 >

1.  Current law requires county treasurers to remit to the state treasurer 46 percent of all superior court filing fees covered by RCW 36.18.020 before calculating any amounts due to the county or regional law library fund.  2.  After remitting the state's share of superior court filing fees to the state treasurer, county treasurers are required by RCW 27.24.070 to deposit an amount in the county or regional law library fund equal to $12 times the number of civil or probate fees paid in connection with the filing of a new matter.

AGO 1992 NO. 15 >

1.  RCW 3.46.150 provides that a city may give notice to the county legislative authority to require termination of a municipal department of the district court.  The municipal department is terminated through amendment to the county's district court districting plan.  2.  District court judge who had been serving in a municipal department of the district court remains a district court judge following termination of the municipal department until he or she vacates the position prior to the end of his or her term, or the term expires.  3.  The term of office for a judge of a municipal court established by city ordinance is four years.

AGO 1963 NO. 15 >

1. The last sentence in § 105, chapter 299, Laws of 1961 (RCW 3.62.010) applies to the whole section not merely the proviso. 2. In justice courts, organized under the 1961 justice court act, jury fees are chargeable as provided in RCW 12.12.030; and witness fees and sheriff's fees, in the manner and to the extent provided by RCW 10.46.190 (criminal actions) and RCW 12.20.060 (civil actions).

AGLO 1982 NO. 16 >

The only diversion procedures for juvenile offenders which may be said either to be authorized by, or consistent with, the provisions of the Juvenile Justice Act of 1977 (as amended) are those procedures outlined in RCW 13.40.080 and, in turn, described by this office in AGO 1978 No. 30.

AGO 1968 NO. 17 >

The costs incurred by a county which is engaged in probation and parole services for persons convicted of crimes in justice court, under § 9, chapter 200, Laws of 1967, may not be regarded as expenditures of the justice court; hence, in the case of a county which has adopted the justice court system established by chapter 299, Laws of 1961, these probation and parole costs may not be funded as justice court expenditures under the provisions of RCW 3.62.050.

AGO 1994 NO. 17 >

1.  RCW 36.18.020(5) sets the fee for filing a petition for modification of a dissolution decree at $20; this fee applies whether the petition is filed in the county where the original decree was entered or in another county.  2.  RCW 36.18.025 requires that the county and state treasuries split fees filed for modification of a dissolution decree, the county to receive 54 percent and the state to receive 46 percent.  3.  A fee collected by a superior court pursuant to section 1, chapter 189, Laws of 1994, for the filing of a petition for extension of judgment, is not a fee set in RCW 36.18.020 and therefore is not subject to the split between the county and the state.

AGLO 1982 NO. 18 >

An attorney who is not also an elected justice of the peace, but who is appointed as the police judge of a code city under RCW 35A.20.020, does not thereby gain the powers of a justice of the peace as well.

AGLO 1974 NO. 19 >

Senate Joint Resolution No. 113, proposing a new judicial article to the state Constitution, may be submitted to the voters as a single amendment to the state Constitution.

AGLO 1982 NO. 20 >

The provisions of § 2, chapter 207, Laws of 1982, relating to the imposition of a monetary assessment upon a criminal offender to pay for certain probation services, will not become legally operative until July 1, 1984, when the pertinent provisions of chapter 9.94A RCW themselves take effect in accordance with § 28, chapter 137, Laws of 1981.