Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1957 NO. 50 >

(1) A court commissioner need not be a lawyer.  (2) The positions of court commissioner and chief probation officer are incompatible.  (3) A court commissioner is authorized to hear and determine all matters properly within the jurisdiction of the juvenile court.

AGLO 1973 NO. 54 >

Court reporters appointed by the various superior court judges under RCW 2.32.180 are employees of the county or counties whose superior courts they serve pursuant to such appointments.

AGO 1963 NO. 54 >

(1) Counties in which the justice court act of 1961 is not presently in effect may put the act into effect at any time, although the term of office of existing justices of the peace might thereby be terminated. (2) When a justice of the peace, under the 1961 justice court act, serves in a municipal department or as a municipal judge, the city pays a portion of his salary as justice of the peace, not an additional salary.

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.

AGLO 1975 NO. 60 >

(1) A district justice court has the authority to place a defendant convicted of a violation of a city ordinance on probation under the supervision of a county probation officer serving in a county department organized pursuant to RCW 9.95.210 even without an interlocal cooperation agreement. (2) A district court does not have authority to direct a defendant convicted of a misdemeanor to pay a probation service fee to the county probation department as revenue to assist in the administration of the department.

AGLO 1973 NO. 64 >

The county commissioners of a fifth class county having a 1970 census population of 15,796 inhabitants does not have the authority to provide for the election of a single, full time judge to serve a justice court district encompassing the entire county.

AGO 1963 NO. 67 >

A county which has not elected to come under the provisions of chapter 299, Laws of 1961, may but is not required to provide funds for payment of dues or expenses relating to membership of justices of the peace in the Washington state magistrates association.

AGO 1966 NO. 67 >

The statement of expenses of a visiting judge verified by his affidavit is not subject to audit and approval by the county commissioners.

AGLO 1973 NO. 71 >

Under Article IV, § 23 of the Washington Constitution there may be appointed one or more court commissioners, not exceeding three in number, for each county.