Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1980 NO. 2 >

The failure of a newly elected county clerk to execute and furnish an official bond pursuant to RCW 36.16.050 does not cause a vacancy in the office to exist pursuant to RCW 42.12.010; instead, such omission merely bars the newly elected clerk from qualifying and, thus, continues the term of his or her predecessor who, however, may, by resigning or refusing to serve, cause a vacancy to come into existence.

AGLO 1981 NO. 5 >

Where monies totalling $2,000 or more have been placed in trust with a superior court clerk in connection with a particular matter in litigation, and a litigant in the matter has filed a written request that investment be made of such funds and the income be paid to the beneficiary, all income from such investment is to be paid to the beneficiary with the exception of five percent thereof which the statute allows the clerk to deduct as an investment service fee.

AGLO 1982 NO. 19 >

A county clerk is not authorized to impose an additional filing fee, pursuant to RCW 36.18.020 when a judgment creditor, after filing the abstract of judgment (and paying the fee which is then required) commences supplemental proceedings.

AGLO 1979 NO. 34 >

RCW 4.56.210, as amended by § 1, chapter 236, Laws of 1979, 1st Ex. Sess., does not authorize a superior court clerk to issue a writ of execution on a civil judgment more than six years, but less than ten years, after the rendition thereof; instead, that issue remains governed by the provisions of RCW 6.04.010.

AGO 1960 NO. 125 >

1.  County clerks are legally authorized to destroy old court records filed in their offices pursuant to RCW 36.23.065 and 36.23.070.  Destruction of other county records is controlled by chapter 40.14 RCW. 2.  Such records may not be destroyed without photo stating after they are more than ten years old.