Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1975 NO. 14 >

Except where covered by a juvenile court order under § 1, chapter 170, Laws of 1975, 1st Ex. Sess., in the case of a juvenile in the custody of the department of social and health services who was not yet 18 when that law became effective, a juvenile who has been adjudged to be a delinquent child under RCW 13.04.010, et seq., and has therefore been committed by the juvenile court under RCW 13.04.095, may not, in view of In re Carson , 84 Wn.2d 969 (1975), continue to be held in custody solely on that basis after attaining the age of 18 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).

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.

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.

AGO 1984 NO. 20 >

(1) The correct compensation to be paid under RCW 3.34.130 to a pro tem district court judge is one two-hundred fiftieth of the annual salary of a full-time district court judge (as provided for in RCW 3.58.010), regardless of whether the regular judge in whose place the pro tem justice is serving is a part-time, or a full-time, district court judge. (2) When a part-time district court judge holds court in another judicial district within the same county, he or she is not entitled to be compensated for that service as a district court justice pro tempore under RCW 3.34.130, in addition to receiving reimbursement for subsistence, lodging and travel expenses under RCW 3.34.140.