Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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.

AGO 1983 NO. 21 >

A county sheriff, municipal police chief or judge of a court of record may not refuse to issue a concealed weapons permit to an applicant, otherwise qualified, simply because of his or her refusal to be photographed, to produce a valid Washington driver's license, or to indicate his or her federal social security number, or solely on the ground that the applicant lives outside the particular county or municipality involved.  

AGLO 1981 NO. 21 >

The failure of Pend Oreille to have approved the additional judicial position for Ferry, Pend Oreille and Stevens Counties, jointly, which was conditionally provided for by chapter 65, Laws of 1981, does not mean that Ferry County is to continue to be treated as part of a judicial district with Okanogan County.

AGO 1972 NO. 22 >

Attorneys who are constitutionally required to be appointed to represent indigent defendants in misdemeanor cases before a district justice court are to be compensated for their services under RCW 10.01.110; however, the costs of such compensation must be drawn from the county current expense fund of the county in which the court is situated and not from justice court revenues under RCW 3.62.050.

AGO 1965 NO. 23 >

The limit on the monetary jurisdiction of a part-time justice of the peace under chapter 96, Laws of 1965, is $500.00, irrespective of whether or not the particular justice of the peace is required by law to be a licensed attorney.

AGLO 1978 NO. 25 >

(1) Except as provided by some other law to the contrary in a particular case, RCW 10.82.070 requires that all fines imposed by a superior court be transmitted by the county treasurer to the state general fund.

(2) The provisions of RCW 10.82.070 are applicable to the distribution of fines imposed by a superior court following a defendant's conviction therein on appeal from his or her earlier conviction by a district justice court.

(3) Likewise, the provisions of RCW 10.82.070 are applicable with respect to any fines imposed by a division of the superior court functioning as a juvenile court with respect to juvenile traffic offenders.

AGO 1978 NO. 25 >

Records pertaining to a deferred criminal prosecution under chapter 10.05 RCW, following their removal from the court file in accordance with RCW 10.05.120, are not then required by that law either to be sealed or destroyed; however, limited concealment in a given case may be required either by the provisions of some other law (such as the state public disclosure law) or, conceivably, by court order.

AGO 1972 NO. 26 >

A juvenile court is required by RCW 13.04.120 to forward to the department of motor vehicles the record of its handling and disposition of all juvenile traffic violation cases coming before such court.

AGLO 1974 NO. 28 >

A nonlawyer who is currently serving as a full-time district court judge in a first class county may not file a declaration of candidacy for reelection in November, 1974, to a new term of office commencing in January, 1965, in view of the enactment of § 3, chapter 14, Laws of 1973, 1st Ex. Sess.; if a nonlawyer is presently serving as an incumbent district court judge, however, such a nonlawyer may serve out the remainder of his present term of office ending in January, 1975.

AGO 1967 NO. 29 >

(1) In computing the five day period during which, pursuant to Rule 62 (A) of the rules of civil procedure for superior courts, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement, Saturdays, Sundays and holidays are not to be included.(2) The automatic stay provision of Rule 62 (A) is applicable to judgments of a justice of the peace with respect to which a transcript has been filed in superior court pursuant to RCW 4.56.200 (3).(3) The automatic stay provision of Rule 62 (A) precludes the initiation of garnishment proceedings during the prescribed five day period.