Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1964 NO. 109 >

The statutory venue of justice courts defined in RCW 46.52.100 has not been superseded by the rules for courts of limited jurisdiction adopted by the supreme court.

AGO 1964 NO. 110 >

Under rules for courts of limited jurisdiction promulgated by the state supreme court, execution of criminal warrants issued by justice courts is not limited to sheriffs or constables but they may be executed by any peace officer.

AGO 1962 NO. 116 >

A person charged with a criminal violation of the state motor vehicle code before a police court judge who is not also a justice of the peace in a second class city does not have a constitutional right to a trial by jury in that court but said right is insured on appeal to the superior court where a jury de novo trial may be demanded.

AGO 1966 NO. 118 >

A court, in granting a deferred sentence for an offense which, under chapter 46.20 RCW constitutes mandatory grounds for the revocation or suspension of a driver's license, cannot permit the person to retain his driver's license during the period of the deferred sentence.

AGO 1964 NO. 129 >

(1) The $1.50 law library fee authorized by RCW 27.24.070 is not applicable to justice courts organized under chapter 299, Laws of 1961.  AGO 63-64 No. 3. (2) The board of county commissioners may not lawfully appropriate funds from the county current expense fund for the purchase of law books and the payment of other expenses for the law library, but the board may provide in its budget for the levying and collection of a portion of the county's general revenue directly into the library fund.

AGO 1964 NO. 132 >

(1) A justice of the peace is not authorized to hold court outside his precinct in a county which has not adopted the 1961 justice court act. (2) The board of county commissioners of such a county may appoint a justice of the peace for a precinct which has never previously had a justice of the peace if a vacancy exists in such office. (3) A justice of the peace may be elected and qualified in a rural precinct notwithstanding the fact that it only has five registered voters.

AGO 1962 NO. 136 >

Clerks of the superior court may not charge a fee to the state department of licenses for performing the duty required by statute of submitting to the director of licenses certified abstracts of certain traffic convictions and certified records of any judgment for damages rendered with respect to certain traffic offenses.

AGO 1957 NO. 137 >

Prior to the expiration of the maximum term, the court has the authority to revoke or modify a probation granted when imposition of sentence was deferred, even though the probationary period specified in the court's order has expired.

AGO 1958 NO. 164 >

(1) Juveniles under the age of 16 who have been remanded to the superior court for trial by the superior court on a criminal charge may not be detained in either a county or city jail pending trial even if they are kept separate and apart from the adult prisoners. (2) Juveniles between the ages of 16 and 18 who have been remanded to the superior court for trial on a criminal charge may be detained in either a city or county jail pending trial but they should be kept separate and apart from adult prisoners whenever possible. (3) The fact that the juvenile is charged with a violation of a city ordinance does not affect the answers to the first two questions.

AGO 1962 NO. 167 >

(1) After the county commissioners have raised the salary of a justice of the peace to $3,600 per year in cities with a population of over 5,000 under RCW 3.16.002, they can thereafter reduce said salary under certain conditions. (2 (a)) The salary of a justice of the peace may not be increased or decreased during his term of office. (2 (b) ‑ 2 (c)) The salary may be increased or decreased at any time prior to the commencement of the term notwithstanding the fact that a filing fee may have been paid on the basis of the existing salary for the office.