Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1982 NO. 4 >

The proper venue for those violations of the state Motor Vehicle Code which remain criminal offenses under RCW 46.63.020, in those counties governed by the 1961 Justice Court Act, is in the district justice court of the district in which the alleged violation occurred in accordance with RCW 3.66.070.

AGO 1982 NO. 5 >

The $25 penalty imposed by § 5(3), chapter 19, Laws of 1981, for failure to respond to a notice of traffic infraction is not subject to the assessments imposed by RCW 43.101.210 or § 7(6), chapter 330, Laws of 1981, but it is subject to the traffic education assessment imposed by RCW 46.81.030.

AGO 1963 NO. 10 >

1. The phrase "cost of providing courtroom or other space" as used in RCW 3.62.050 does not include the cost of providing all of the items enumerated in RCW 3.58.050. 2. Same :  RCW 3.62.050 does not expressly or by necessary implication distinguish between the cost of space provided in county facilities and space provided by contract elsewhere. 3. In computing the cost of providing justice court facilities other than space, for the purpose of apportioning such cost among governmental units, a county may depreciate items which are classified as capital outlay and amortize its costs, (in accordance with a schedule prescribed by the state auditor (RCW 43.09.200)) so as to be reimbursed over a period of time.

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 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).

AGO 1968 NO. 34 >

In a county to which the 1961 justice court act is applicable, the county's cost in providing courtrooms and offices for its district justice courts is to be included among the "total expenditures for such justice courts" for the purpose of making computations and disbursements provided for by RCW 3.62.050, as amended by § 2, chapter 213, Laws of 1963.

AGO 1965 NO. 43 >

All justice court fees received by the county current expense fund are to be credited toward defraying justice court expenses; however, the current expense fund's share of fines and forfeitures is to be used for that purpose only on the same basis as fines and forfeitures shared by other governmental units under RCW 3.62.050.

AGO 1961 NO. 56 >

The enactment of chapter 299, Laws of 1961, relating to justices of the peace and other inferior courts does not affect the functioning of existing justice courts until the second Monday in January, 1963.

AGO 1963 NO. 60 >

Rule 64 of the civil rules for courts of limited jurisdiction promulgated by the state supreme court on July 1, 1963, is applicable to all courts of limited jurisdiction inferior to superior courts including those courts organized pursuant to chapter 299, Laws of 1961 (the 1961 justice court act).  Therefore chapter 12.32 RCW should be deemed to govern garnishment actions in all such inferior courts.

AGO 1964 NO. 106 >

A justice of the peace who is elected to a four-year term commencing January 14, 1963, may not continue to serve or have his salary increased if the board of county commissioners of the county in which he serves elects to adopt and make wholly operative the provisions of chapter 299, Laws of 1961, (commonly known as the 1961 justice court act) prior to the normal expiration of his term.  However, the justice of the peace, if otherwise qualified, may be appointed by the county commissioners as a justice court judge under the act when it becomes wholly operative.