Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1967 NO. 1 >

RCW 36.18.020 does not require the collection of two fees from a defendant who appeals from a justice court criminal conviction; rather, the only fee chargeable against such an appellant pursuant to this statute is a fee of $15.00 upon conviction or plea of guilty or upon failure to prosecute the appeal, as provided by subsection (15) thereof.

AGO 1997 NO. 1 >

1.   By virtue of RCW 3.66.067, a criminal defendant whose imposition of sentence has been deferred may, after meeting such terms as the court may have established, apply to withdraw his or her plea and seek dismissal of the charges, and the court may for good cause grant such application; however, where sentence is imposed but its execution is suspended pursuant to RCW 3.66.068, the law does not authorize withdrawal of a guilty plea or dismissal of charges.  2.   Whether a criminal sentence is deferred pursuant to RCW 3.66.067, or imposed and suspended pursuant to RCW 3.66.068, courts lack authority to delete or expunge the record of conviction based on a defendant's fulfillment of conditions attached to the deferred or suspended sentence; RCW 10.97 defines these records as "conviction records" and requires that the record of conviction in either type of case be maintained and available to law enforcement agencies and others as defined therein.

AGLO 1977 NO. 1 >

Where, in connection with a prosecution in superior court for a violation of state fishing laws, there has been a change of venue from the county in which the action was commenced to another where the trial took place, and a fine was assessed and collected, the county entitled to retain fifty percent of that fine under RCW 75.08.230 is the one in which (1) the trial took place in superior court resulting in a judgment assessing the fine and (2) the fine is collected by the superior court to be remitted to the county treasurer.

AGO 1955 NO. 1 >

Realtors preparing deeds, contracts, mortgages and earnest money agreements are practicing law.  They may be enjoined, cited for contempt in extraordinary cases, and prosecuted for misdemeanor.  RCW 2.48.190 repealed by implication.

AGO 1980 NO. 2 >

The provisions of RCW 9A.04.050, under which children under eight years of age are incapable of committing a crime and children between eight and twelve years of age are presumed to be incapable of committing a crime, do not apply in a proceeding in juvenile court under chapter 13.40 RCW to have such child adjudged a "juvenile offender" as defined in RCW 13.40.020(11).

AGLO 1974 NO. 2 >

A district court commissioner, when appointed and vested with the powers of a justice of the peace under chapter 3.42 RCW, comes within the definition of a "magistrate" as set forth in RCW 2.20.010 and 2.20.020.

AGO 2003 NO. 3 >

The recipient of a “notice of traffic infraction” under RCW 46.63 or a “traffic citation and notice to appear” under RCW 46.64 must be served with a notice or citation that bears his or her signature, assuming the person signed the document.

AGO 1980 NO. 3 >

In the event that the state legislature, during its current (1980) session, increases the number of superior court judgeships within a given county, the state will be required by § 6(1) of Initiative No. 62 to reimburse that county for its added costs arising by reason of those new judgeships.

AGO 1975 NO. 3 >

(1) Where the salary of a superior court aide is fixed by statute, or by the county commissioners or other legislative authority pursuant thereto, a judge of the court is without power to set a higher salary by a directive or order in a nonjudicial proceeding; the court may, however, entertain an action for a writ of mandamus to require the salary fixing authority to raise the salaries of its personnel, but it will only be justified in granting the writ if, applying recognized judicial standards, it finds that the legislative authority involved has acted arbitrarily or capriciously.  (2) Under RCW 2.28.139 it is the obligation of each county (acting through its county commissioners) to furnish the courtroom and related necessary facilities for the conduct of the superior court; if the county fails to do so, the court may order the sheriff to provide the requisite facilities at county expense or, if this administrative remedy fails, the court may compel the commissioners to comply with the requirement of the statute by issuance of a writ of mandamus in a judicial proceeding ‑ subject to a right of appeal and all other procedural requisites of a regular court case.

AGO 1963 NO. 3 >

(1) The two dollar garnishment answer fee required by RCW 12.32.020 is not applicable to justice courts organized under chapter 299, Laws of 1961. (2) The one dollar and fifty cent law library fee authorized by RCW 27.24.070 is not applicable to justice courts organized under chapter 299, Laws of 1961.