title: RCW 2.32.050

text:
The clerk of the supreme court, each clerk of the court of appeals, and each clerk of a superior court, has power to take and certify the proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged, and to administer oaths in every case when authorized by law; and it is the duty of the clerk of the supreme court, each clerk of the court of appeals, and of each county clerk for each of the courts for which he or she is clerk:
(1) To keep the seal of the court and affix it in all cases where he or she is required by law;
(2) To record the proceedings of the court;
(3) To keep the records, files, and other books and papers appertaining to the court;
(4) To file all papers delivered to him or her for that purpose in any action or proceeding in the court as directed by court rule or statute;
(5) To attend, either in person or electronically if the proceeding is virtual, the court of which he or she is clerk, to administer oaths, and receive the verdict of a jury in any action or proceeding therein, in the presence and under the direction of the court;
(6) To keep the minutes of the proceedings of the court, and, under the direction of the court, to enter its orders, judgments, and decrees;
(7) To authenticate by certificate or transcript, as may be required, the records, files, or proceedings of the court, or any other paper appertaining thereto and filed with him or her;
(8) To exercise the powers and perform the duties conferred and imposed upon him or her elsewhere by statute;
(9) In the performance of his or her duties to conform to the direction of the court;
(10) To publish notice of the procedures for inspection of the public records of the court.
[ 2021 c 122 s 2; 2017 c 183 s 1; 2011 c 336 s 45; 1981 c 277 s 1; 1971 c 81 s 12; 1891 c 57 s 3; RRS s 77. Prior: Code 1881 ss 2180, 2182, 2184.]
Notes:
Rules of court: SAR 16.
Finding—Intent—2021 c 122: "The legislature finds that the ability of county elected officials to fulfill their statutory responsibilities through continued conduct of essential functions and services during the current COVID-19 pandemic and potential future public health crises requires updating, and at times temporary waiver, of these requirements in statute. The legislature intends to update the manner in which services may be provided; maintaining access and opportunity. In addition, the legislature intends to clarify the conditions under which waiver or suspension of specific statutes may be assumed by county elected officials in order to eliminate temporary barriers to continuity of operations." [ 2021 c 122 s 1.]

catchline: Powers and duties of court clerks.


doc_type: statute

jurisdiction: wa

title: RCW 2.32.070

text:
The clerk of the supreme court and the clerks of the court of appeals shall collect the following fees for their official services:
Upon filing his or her first paper or record and making an appearance, the appellant or petitioner shall pay to the clerk of said court a docket fee of two hundred fifty dollars.
For copies of opinions, twenty cents per folio: PROVIDED, That counsel of record and criminal defendants shall be supplied a copy without charge.
For certificates showing admission of an attorney to practice law five dollars, except that there shall be no fee for an original certificate to be issued at the time of his or her admission.
For filing a petition for review of a court of appeals decision terminating review, two hundred dollars.
The foregoing fees shall be all the fees connected with the appeal or special proceeding.
No fees shall be required to be advanced by the state or any municipal corporation, or any public officer prosecuting or defending on behalf of such state or municipal corporation.
[ 1992 c 140 s 1; 1987 c 382 s 1; 1981 c 331 s 2; 1971 ex.s. c 107 s 2; 1951 c 51 s 1; 1907 c 56 s 1, part; 1903 c 151 s 1, part; RRS s 497, part. Prior: 1893 c 130 s 1, part; Code 1881 s 2086, part; 1866 pp 94-99, part; 1863 pp 391-399, part; 1861 pp 34-42, part; 1854 pp 368-376, part.]
Notes:
Effective date—1992 c 140: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1992." [ 1992 c 140 s 2.]
Court Congestion Reduction Act of 1981—Purpose—1981 c 331: "Recognizing the value of providing the people of the state of Washington with justice delivered in an expeditious fashion, recognizing the need to assure the people of the state of Washington that the quality of our judicial system will not be placed in jeopardy, and recognizing the need to avoid congestion of the courts at all levels of our judicial system, the legislature hereby enacts this Court Congestion Reduction Act of 1981." [ 1981 c 331 s 1.]
Severability—1981 c 331: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 331 s 16.]
"Folio" defined: RCW 1.16.040.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Fees—Supreme court clerk, clerks of court of appeals.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 2.32.090

text:
Each clerk of a court is prohibited during his or her continuance in office from acting, or having a partner who acts, as an attorney of the court of which he or she is clerk.
[ 2011 c 336 s 46; 1891 c 57 s 5; RRS s 81. Prior: Code 1881 s 2183; 1854 p 367 s 10.]
Notes:
Rules of court: SAR 16(3).

catchline: Clerk not to practice law.


title: RCW 2.32.110

text:
He or she shall prepare such decisions for publication by giving the title of each case, a syllabus of the points decided, a brief statement of the facts bearing on the points decided, the names of the counsel, and a reference to such authorities as are cited from standard reports and textbooks that have a special bearing on the case, and he or she shall prepare a full and comprehensive index to each volume, and prefix a table of cases reported.
[ 2011 c 336 s 47; 1890 p 320 s 2; RRS s 11059.]
Notes:
Rules of court: SAR 17.

catchline: Reporter's duties.


title: RCW 2.32.120

text:
The reports must be published under the supervision of the court, and to that end each of the judges must be furnished by the reporter with proof sheets of each volume thirty days before its final publication.
[ 1890 p 320 s 3; RRS s 11060.]
Notes:
Rules of court: SAR 17.
Publication of supreme court opinions: State Constitution Art. 4 s 21.

catchline: Publication of reports.


title: RCW 2.32.130

text:
Within thirty days after such proof sheets are furnished, the judges must return the same to the reporter, with corrections or alterations, and he or she must make the corrections or alterations accordingly.
[ 2011 c 336 s 48; 1890 p 320 s 4; RRS s 11061.]
Notes:
Rules of court: SAR 17.

catchline: Correction by judges.


title: RCW 2.32.140

text:
The reporter may take the original opinions and papers in each case from the clerk's office and retain them in his or her possession not exceeding sixty days.
[ 2011 c 336 s 49; 1890 p 320 s 5; RRS s 11062.]

catchline: Opinions available to reporter.


title: RCW 2.32.160

text:
There is hereby created a commission advisory to the supreme court regarding the publication of the decisions of the supreme court and court of appeals of this state in both the form of advance sheets for temporary use and in permanent form, to be known as the Washington court reports commission, and to include the reporter of decisions, the state law librarian, and such other members, including a judge of the court of appeals and a member in good standing of the Washington state bar association, as determined by the chief justice of the supreme court, who shall be chair of the commission. Members of the commission shall serve as such without additional or any compensation: PROVIDED, That members shall be compensated in accordance with RCW 43.03.240.
[ 2011 c 336 s 50; 2005 c 190 s 1; 1995 c 257 s 1; 1984 c 287 s 7; 1971 c 42 s 1; 1943 c 185 s 1; Rem. Supp. 1943 s 11071-1. Prior: 1917 c 87 s 1; 1905 c 167 ss 1-4; 1895 c 55 s 1; 1891 c 37 s 1; 1890 p 327 s 1.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

catchline: Washington court reports commission.


title: RCW 2.32.170

text:
The commission shall make recommendations to the supreme court on matters pertaining to the publication of such decisions, in both temporary and permanent forms. The commission shall by July 1, 1997, develop a policy that ensures that if any material prepared pursuant to RCW 2.32.110 is licensed for resale, the material is made available for licensing to all commercial resellers on an equal and nonexclusive basis.
[ 1995 c 257 s 2; 1943 c 185 s 2; Rem. Supp. 1943 s 11071-2. Prior: 1921 c 162 s 1; 1919 c 117 ss 1-3; 1905 c 167 s 5.]

catchline: Commission—Powers.


title: RCW 2.32.180

text:
It shall be and is the duty of each and every superior court judge in counties or judicial districts in the state of Washington having a population of over thirty-five thousand inhabitants to appoint, or said judge may, in any county or judicial district having a population of over twenty-five thousand and less than thirty-five thousand, appoint a stenographic reporter to be attached to the judge's court who shall have had at least three years' experience as a skilled, practical reporter, or who upon examination shall be able to report and transcribe accurately one hundred and seventy-five words per minute of the judge's charge or two hundred words per minute of testimony each for five consecutive minutes; said test of proficiency, in event of inability to meet qualifications as to length of time of experience, to be given by an examining committee composed of one judge of the superior court and two official reporters of the superior court of the state of Washington, appointed by the president judge of the superior court judges' association of the state of Washington: PROVIDED, That a stenographic reporter shall not be required to be appointed for the seven additional judges of the superior court authorized for appointment by section 1, chapter 323, Laws of 1987, the additional superior court judge authorized by section 1, chapter 66, Laws of 1988, the additional superior court judges authorized by sections 2 and 3, chapter 328, Laws of 1989, the additional superior court judges authorized by sections 1 and 2, chapter 186, Laws of 1990, or the additional superior court judges authorized by sections 1 through 5, chapter 189, Laws of 1992. Appointment of a stenographic reporter is not required for any additional superior court judge authorized after July 1, 1992. The initial judicial appointee shall serve for a period of six years; the two initial reporter appointees shall serve for a period of four years and two years, respectively, from September 1, 1957; thereafter on expiration of the first terms of service, each newly appointed member of said examining committee to serve for a period of six years. In the event of death or inability of a member to serve, the president judge shall appoint a reporter or judge, as the case may be, to serve for the balance of the unexpired term of the member whose inability to serve caused such vacancy. The examining committee shall grant certificates to qualified applicants. Administrative and procedural rules and regulations shall be promulgated by said examining committee, subject to approval by the said president judge.
The stenographic reporter upon appointment shall thereupon become an officer of the court and shall be designated and known as the official reporter for the court or judicial district for which he or she is appointed: PROVIDED, That in no event shall there be appointed more official reporters in any one county or judicial district than there are superior court judges in such county or judicial district; the appointments in each county with a population of one million or more shall be made by the majority vote of the judges in said county acting en banc; the appointments in each county with a population of from one hundred twenty-five thousand to less than one million may be made by each individual judge therein or by the judges in said county acting en banc. Each official reporter so appointed shall hold office during the term of office of the judge or judges appointing him or her, but may be removed for incompetency, misconduct or neglect of duty, and before entering upon the discharge of his or her duties shall take an oath to perform faithfully the duties of his or her office, and file a bond in the sum of two thousand dollars for the faithful discharge of his or her duties. Such reporter in each court is hereby declared to be a necessary part of the judicial system of the state of Washington.
[ 1992 c 189 s 6; 1991 c 363 s 2; 1990 c 186 s 3; 1989 c 328 s 4; 1988 c 66 s 3; 1987 c 323 s 4; 1957 c 244 s 1; 1945 c 154 s 1; 1943 c 69 s 1; 1921 c 42 s 1; 1913 c 126 s 1; Rem. Supp. 1945 s 42-1. Formerly RCW 2.32.180, 2.32.190.]
Notes:
Effective dates—1992 c 189: See note following RCW 2.08.061.
Purpose—1991 c 363: "The purposes of this act are to eliminate the use of formal county classes and substitute the use of the most current county population figures to distinguish counties. In addition, certain old statutes that reference county class, but no longer are followed, are repealed or amended to conform with current practices." [ 1991 c 363 s 1.]
Captions not law—1991 c 363: "Section headings as used in this act do not constitute any part of the law." [ 1991 c 363 s 168.]

catchline: Superior court reporters—Qualifications—Appointment—Terms—Oath and bonds.


title: RCW 2.32.200

text:
It shall be the duty of each official reporter appointed under RCW 2.32.180 through 2.32.310 to attend every term of the superior court in the county or judicial district for which he or she is appointed, at such times as the judge presiding may direct; and upon the trial of any cause in any court, if either party to the suit or action, or his or her attorney, request the services of the official reporter, the presiding judge shall grant such request, or upon his or her own motion such presiding judge may order a full report of the testimony, exceptions taken, and all other oral proceedings; in which case the official reporter shall cause accurate shorthand notes of the oral testimony, exceptions taken, and other oral proceedings had, to be taken, except when the judge and attorneys dispense with his or her services with respect to any portion of the proceedings therein, which notes shall be filed in the office of the clerk of the superior court where such trial is had.
[ 2011 c 336 s 51; 1983 c 3 s 1; 1913 c 126 s 2; RRS s 42-2.]

catchline: Duties of official reporter.


title: RCW 2.32.210

text:
Each official reporter shall be paid such compensation as shall be fixed, after recommendation by the judges of the judicial district involved, by the legislative authority of the county comprising said judicial district, or by the legislative authorities acting jointly where the judicial district is comprised of more than one county: PROVIDED, That in judicial districts having a total population of forty thousand or more, the salary of an official court reporter shall not be less than sixteen thousand five hundred dollars per annum: PROVIDED FURTHER, That in judicial districts having a total population of twenty-five thousand and under forty thousand, such salary shall not be less than eleven thousand one hundred dollars per annum.
Said compensation shall be paid out of the current expense fund of the county or counties where court is held.
In judicial districts comprising more than one county the council or commissioners thereof shall, on the first day of January of each year, or as soon thereafter as may be convenient, apportion the amount of the salary to be paid to the reporter by each county according and in proportion to the number of criminal and civil actions entered and commenced in superior court of the constituent counties in the preceding year. In addition to the salary above provided, in judicial districts comprising more than one county, the reporter shall receive his or her actual and necessary expenses of transportation and living expenses when he or she goes on official business to a county of his or her judicial district other than the county in which he or she resides, from the time he or she leaves his or her place of residence until he or she returns thereto, said expense to be paid by the county to which he or she travels. If one trip includes two or more counties, the expense may be apportioned between the counties visited in proportion to the amount of time spent in each county on the trip. If an official reporter uses his or her own automobile for the purpose of such transportation, he or she shall be paid therefor at the same rate per mile as county officials are paid for use of their private automobiles. The sworn statement of the official reporter, when certified to as correct by the judge presiding, shall be a sufficient voucher upon which the county auditor shall draw his or her warrant upon the treasurer of the county in favor of the official reporter.
The salaries of official court reporters shall be paid upon sworn statements, when certified as correct by the judge presiding, as state and county officers are paid.
[ 2011 c 336 s 52; 1975 1st ex.s. c 128 s 1; 1972 ex.s. c 18 s 1; 1969 c 95 s 1; 1967 c 20 s 1; 1965 ex.s. c 114 s 1; 1961 c 121 s 1; 1957 c 244 s 2; 1953 c 265 s 1; 1951 c 210 s 1. Prior: 1945 c 24 s 1; 1943 c 69 s 2; 1913 c 126 s 3; Rem. Supp. 1945 s 42-3.]

catchline: Court reporter salaries—Expenses.


title: RCW 2.32.220

text:
If the judge of the superior court in any judicial district having a total population of less than twenty-five thousand finds that the work in such district requires the services of an official court reporter he or she may appoint a person qualified under RCW 2.32.180.
[ 2011 c 336 s 53; 1957 c 244 s 3; 1951 c 210 s 2; 1945 c 24 s 2; Rem. Supp. 1945 s 42-3a.]

catchline: Application to lesser judicial districts.


title: RCW 2.32.230

text:
An official court reporter may be appointed to serve two or more judicial districts, each of which has a total population under twenty-five thousand, if the judges thereof so agree, and the salary of such official reporter shall be determined by the total population of all the judicial districts so served in accordance with the schedule of salaries in RCW 2.32.210, and shall be apportioned between the several counties of the districts as therein provided. Such reporter, if appointed, must be qualified to serve, under RCW 2.32.180.
[ 1951 c 210 s 3; 1945 c 24 s 3; Rem. Supp. 1945 s 42-3b.]

catchline: One reporter for two lesser districts.


title: RCW 2.32.240

text:
When a record has been taken in any cause as provided in RCW 2.32.180 through 2.32.310, if the court, or either party to the suit or action, or his or her attorney, request a transcript, the official reporter employed by the court or other certified court reporter, or an authorized transcriptionist, shall make, or cause to be made, with reasonable diligence, full and accurate transcript of the testimony and other proceedings, which shall, when certified to as hereinafter provided, be filed with the clerk of the court where such trial is had for the use of the court or parties to the action, except for transcripts requested for an appellate case. The fees of the official reporter employed by the court or other certified court reporter, or authorized transcriptionist, as defined by supreme court rule, for making such transcript shall be fixed in accordance with costs as allowed in cost bills in civil cases by the supreme court of the state of Washington, and when such transcript is ordered by any party to any suit or action, said fee shall be paid forthwith by the party ordering the same, and in all cases where a transcript is made as provided for under the provisions of RCW 2.32.180 through 2.32.310 the cost thereof shall be taxable as costs in the case, and shall be so taxed as other costs in the case are taxed: PROVIDED, That when a party has been judicially determined to have a constitutional right to a transcript and to be unable by reason of poverty to pay for such transcript, the court may order said transcript to be made by the official reporter employed by the court or other certified court reporter, or an authorized transcriptionist, which transcript fee therefor shall be paid by the state upon submission of appropriate vouchers to the clerk of the supreme court.
[ 2016 c 74 s 1; 2011 c 336 s 54; 1983 c 3 s 2; 1975 1st ex.s. c 261 s 1; 1972 ex.s. c 111 s 1; 1970 ex.s. c 31 s 1; 1965 c 133 s 3; 1957 c 244 s 4; 1943 c 69 s 4; 1913 c 126 s 5; Rem. Supp. 1943 s 42-5.]
Notes:
Severability—1965 c 133: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1965 c 133 s 4.]
Indigent party—State to pay costs and fees incident to review by supreme court or court of appeals: RCW 4.88.330.

catchline: Transcript of testimony—Fee—Forma pauperis.


title: RCW 2.32.250

text:
The report of the official reporter employed by the court or other certified court reporter, or authorized transcriptionist, when transcribed and certified as being a correct transcript of the stenographic notes or electronically recorded testimony, or other oral proceedings had in the matter, shall be prima facie a correct statement of such testimony or other oral proceedings had, and the same may thereafter, in any civil cause, be read in evidence as competent testimony, when satisfactory proof is offered to the judge presiding that the witness originally giving such testimony is then dead or without the jurisdiction of the court, subject, however, to all objections the same as though such witness were present and giving such testimony in person.
[ 2016 c 74 s 2; 1913 c 126 s 6; RRS s 42-6.]

catchline: Transcript accorded verity.


title: RCW 2.32.260

text:
When the official reporter who has taken notes in any cause, shall thereafter cease to be such official reporter, any transcript thereafter made by him or her therefrom, or made by any competent person under the direction of the court, and duly certified to by the person making the same, under oath, as a full, true and correct transcript of said notes, the same shall have full force and effect the same as though certified by an official reporter of said court.
[ 2011 c 336 s 55; 1913 c 126 s 7; RRS s 42-7.]

catchline: Notes of outgoing reporter may be transcribed—Effect.


title: RCW 2.32.270

text:
In the event of the absence or inability of the official reporter to act, the presiding judge may appoint a competent stenographer to act pro tempore, who shall perform the same duties as the official reporter, and whose report when certified to, shall have the same legal effect as the certified report of the official reporter. The reporter pro tempore shall possess the qualifications and take the oath prescribed for the official reporter, and shall file a like bond, and shall receive the same compensation.
[ 1913 c 126 s 8; RRS s 42-8.]

catchline: Reporter pro tempore.


title: RCW 2.32.280

text:
In all counties or judicial districts, except in any county with a population of one hundred twenty-five thousand or more, such official reporter shall act as amanuensis to the court for which he or she is appointed.
[ 1991 c 363 s 3; 1957 c 244 s 5; 1943 c 69 s 5; 1913 c 126 s 9; Rem. Supp. 1943 s 42-9.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Reporter as amanuensis in counties with populations of one hundred twenty-five thousand or more.


title: RCW 2.32.290

text:
Official reporters or reporters pro tempore may, without order of court, upon giving a proper receipt therefor, procure at all reasonable hours from the office of the clerk of the court, any files or exhibits necessary for use in the preparation of statements of fact or transcribing portions of testimony or proceedings in any cause reported by them.
[ 1913 c 126 s 10; RRS s 42-10.]

catchline: Court files accessible to reporter.


title: RCW 2.32.300

text:
Suitable office space shall be furnished the official reporter.
[ 1943 c 69 s 6; 1913 c 126 s 11; Rem. Supp. 1943 s 42-11.]

catchline: Office space.


title: RCW 2.32.310

text:
Nothing in this act or any other act or parts of acts or court rule shall be construed to preclude such official reporter from performing other and additional reporting service at any time when such service can be performed without conflict with or prejudice to the duties of the official reporter.
[ 1943 c 69 s 8; Rem. Supp. 1943 s 42-14.]

catchline: Other reporting service not precluded.


title: RCW 2.32.330

text:
Every court of record shall have the power to appoint a crier and as many bailiffs as may be necessary for the orderly and expeditious dispatch of the business.
[ 1891 c 54 s 13; RRS s 11052.]

catchline: Criers and bailiffs.


title: RCW 2.32.360

text:
Bailiffs of the several superior courts in this state, appointed by the respective judges thereof, shall be paid for their services such salary or per diem as shall be fixed and allowed by the board of county commissioners of the county in which they serve.
[ 1949 c 139 s 1; 1945 c 149 s 1; 1943 c 94 s 1; 1939 c 134 s 1; 1917 c 94 s 1; 1891 c 10 s 1; Rem. Supp. 1949 s 10973. Cf. 1921 c 25 s 1; 1919 c 141 s 1.]

catchline: Compensation of superior court bailiffs.


title: RCW 2.32.370

text:
From time to time, the superior judge of the county shall certify the amount due any such bailiff, and order the payment thereof; and thereupon the county auditor shall issue to such bailiff a warrant on the county treasurer, payable out of the general fund [current expense fund], for the amount so certified.
[ 1891 c 10 s 2; RRS s 10975.]

catchline: Payment of compensation.


title: RCW 2.36.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Civil rights restored" means a person's right to vote has been automatically restored prior to reporting for jury service.
(2) "Court" when used without further qualification means any superior court or court of limited jurisdiction in the state of Washington.
(3) "Grand jury" means those twelve persons impaneled by a superior court to hear, examine, and investigate evidence concerning criminal activity and corruption.
(4) "Judge" means every judicial officer authorized to hold or preside over a court. For purposes of this chapter "judge" does not include court commissioners or referees.
(5) "Juror" means any person summoned for service on a petit jury, grand jury, or jury of inquest as defined in this chapter.
(6) "Juror service" means the period of time a juror is required to be present at the court facility. This period of time may not extend beyond the end of the jury term, and may not exceed one week for counties with a jury source list that has at least seventy thousand names, and two weeks for counties with a jury source list of less than seventy thousand names, except to complete a trial to which the juror was assigned during the service period.
(7) A jury is a body of persons temporarily selected from the qualified inhabitants of a particular district, and invested with power—
(a) To present or indict a person for a public offense.
(b) To try a question of fact.
(8) "Jury of inquest" means a body of persons six or fewer in number, but not fewer than four persons, summoned before the coroner or other ministerial officer, to inquire of particular facts.
(9) "Jury panel" means those persons randomly selected for jury service for a particular jury term.
(10) "Jury source list" means the list of all registered voters for any county, merged with a list of licensed drivers and identicard holders who reside in the county. The list shall specify each person's name and residence address and conform to the methodology and standards set pursuant to the provisions of RCW 2.36.054 or by supreme court rule. The list shall be filed with the superior court by the county auditor.
(11) "Jury term" means a period of time of one or more days, not exceeding two weeks for counties with a jury source list that has at least seventy thousand names and one month for counties with a jury source list of less than seventy thousand names, during which summoned jurors must be available to report for juror service.
(12) "Master jury list" means the list of prospective jurors from which jurors summoned to serve will be randomly selected. The master jury list shall be either randomly selected from the jury source list or may be an exact duplicate of the jury source list.
(13) "Petit jury" means a body of persons twelve or less in number in the superior court and six in number in courts of limited jurisdiction, drawn by lot from the jurors in attendance upon the court at a particular session, and sworn to try and determine a question of fact.
[ 2021 c 10 s 6; 2019 c 41 s 1; 2015 c 7 s 1; 1993 c 408 s 4; 1992 c 93 s 1; 1988 c 188 s 2; 1891 c 48 s 1; RRS s 89.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2021 c 10: See note following RCW 29A.08.520.
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.
Legislative findings—1988 c 188: "The legislature recognizes the vital and unique role of the jury system in enhancing our system of justice. The purpose of this chapter is the promotion of efficient jury administration and the opportunity for widespread citizen participation in the jury system. To accomplish this purpose the legislature intends that all courts and juries of inquest in the state of Washington select, summon, and compensate jurors uniformly." [ 1988 c 188 s 1.]
Severability—1988 c 188: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 188 s 23.]
Effective date—1988 c 188: "Except for section 19, this act shall take effect January 1, 1989. Section 19 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 22, 1988]." [ 1988 c 188 s 24.]

catchline: Definitions.


title: RCW 2.36.020

text:
There shall be three kinds of juries—
(1) A grand jury.
(2) A petit jury.
(3) A jury of inquest.
[ 1891 c 48 s 2; RRS s 90.]

catchline: Kinds of juries.


title: RCW 2.36.050

text:
In courts of limited jurisdiction, juries shall be selected and impaneled in the same manner as in the superior courts, except that a court of limited jurisdiction shall use the master jury list developed by the superior court to select a jury panel. Jurors for the jury panel may be selected at random from the population of the area served by the court.
[ 1988 c 188 s 3; 1980 c 162 s 6; 1972 ex.s. c 57 s 1; 1891 c 48 s 4; RRS s 92.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.
Severability—1980 c 162: See note following RCW 3.02.010.
Courts of limited jurisdiction: Chapter 3.02 RCW.

catchline: Juries in courts of limited jurisdiction.


title: RCW 2.36.052

text:
Pursuant to an agreement between the judge or judges of each superior court and the judge or judges of each court of limited jurisdiction, jury management activities may be performed by the superior court for any county or judicial district as provided by statute.
[ 1988 c 188 s 20.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Courts of limited jurisdiction—Performance of jury management activities by superior court authorized.


title: RCW 2.36.054

text:
Unless otherwise specified by rule of the supreme court, the jury source list and master jury list for each county shall be created as provided by this section.
(1) The superior court of each county, after consultation with the county clerk and county auditor of that jurisdiction, shall annually notify Washington technology solutions not later than March 1st of each year of its election to use either a jury source list that is merged by the county or a jury source list that is merged by Washington technology solutions. Washington technology solutions shall annually furnish at no charge to the superior court of each county a separate list of the registered voters residing in that county as supplied annually by the secretary of state and a separate list of driver's license and identicard holders residing in that county as supplied annually by the department of licensing, or a merged list of all such persons residing in that county, in accordance with the annual notification required by this subsection. The lists provided by Washington technology solutions shall be in an electronic format mutually agreed upon by the superior court requesting it and Washington technology solutions. The annual merger of the list of registered voters residing in each county with the list of licensed drivers and identicard holders residing in each county to form a jury source list for each county shall be in accordance with the standards and methodology established in this chapter or by superseding court rule whether the merger is accomplished by Washington technology solutions or by a county.
(2)(a) Persons on the lists of registered voters and driver's license and identicard holders shall be identified by a minimum of last name, first name, middle initial where available, date of birth, gender, and county of residence. Identifying information shall be used when merging the lists to ensure to the extent reasonably possible that persons are only listed once on the merged list. Conflicts in addresses are to be resolved by using the most recent record by date of last vote in a general election, date of driver's license or identicard address change or date of voter registration.
(b) After July 1, 2024, persons who:
(i) Apply for a driver's license or identicard in this state shall have the ability to opt in to allow the department of licensing to share the person's email address with Washington technology solutions for the purpose of electronically receiving jury summons and other communications related to jury service; and
(ii) Apply online to register to vote shall, immediately after completing the voter registration transaction, be directed by the secretary of state to a website where the person shall have the ability to opt in to share the person's email address with Washington technology solutions for the purpose of electronically receiving jury summons and other communications related to jury service. The provisions of this subsection (2)(b)(ii) are subject to appropriation.
(3) Washington technology solutions shall provide counties that elect to receive a jury source list merged by Washington technology solutions with a list of names which are possible duplicates that cannot be resolved based on the identifying information required under subsection (2) of this section. If a possible duplication cannot subsequently be resolved satisfactorily through reasonable efforts by the county receiving the merged list, the possible duplicate name shall be stricken from the jury source list until the next annual jury source list is prepared.
[ 2024 c 54 s 21; 2023 c 316 s 4; 2015 c 225 s 1; 2011 1st sp.s. c 43 s 812; 1993 c 408 s 3.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Severability—1993 c 408: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 408 s 14.]
Effective dates—1993 c 408: "(1) Sections 1, 2, 3, 6, 8, and 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
(2) Sections 10 and 12 of this act shall take effect March 1, 1994.
(3) The remainder of this act shall take effect September 1, 1994." [ 1993 c 408 s 15.]

catchline: Jury source list—Master jury list—Creation.


title: RCW 2.36.055

text:
The superior court at least annually shall cause a jury source list to be compiled from a list of all registered voters and a list of licensed drivers and identicard holders residing in the county.
In a county with more than one superior court facility and a separate case assignment area for each court facility, the jury source list may be divided into jury assignment areas that consist of registered voters and licensed drivers and identicard holders residing in each jury assignment area. Jury assignment area boundaries may be designated and adjusted by the administrative office of the courts based on the most current United States census data at the request of the majority of the judges of the superior court when required for the efficient and fair administration of justice.
The superior court upon receipt of the jury source list shall compile a master jury list. The master jury list shall be certified by the superior court and filed with the county clerk. All previous jury source lists and master jury lists shall be superseded. In the event that, for any reason, a county's jury source list is not timely created and available for use at least annually, the most recent previously compiled jury source list for that county shall be used by the courts of that county on an emergency basis only for the shortest period of time until a current jury source list is created and available for use.
Upon receipt of amendments to the list of registered voters and licensed drivers and identicard holders residing in the county the superior court may update the jury source list and master jury list as maintained by the county clerk accordingly.
[ 2005 c 199 s 2; 1993 c 408 s 5; 1988 c 188 s 4.]
Notes:
Findings—Intent—2005 c 199: "The legislature finds that superior courts with more than one superior court facility are asking some jurors to travel excessively long distances to attend court proceedings. In these cases, the legislature further finds that consideration of a juror's proximity to a particular courthouse can be accommodated while continuing to provide proportionate jury source list representation from distinctive groups within the community. The legislature intends to lessen the burdens borne by jurors fulfilling their civic duties by providing a mechanism that narrows the geographic area from which the jurors are drawn while maintaining a random and proportionate jury pool." [ 2005 c 199 s 1.]
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Jury source list—Jury assignment areas—Master jury list—Compilation.


title: RCW 2.36.057

text:
The supreme court is requested to adopt court rules regarding methodology and standards for merging the list of registered voters in Washington state with the list of licensed drivers and identicard holders in Washington state for purposes of creating an expanded jury source list. The rules should specify the standard electronic format or formats in which the lists will be provided to requesting superior courts by Washington technology solutions. In the interim, and until such court rules become effective, the methodology and standards provided in RCW 2.36.054 shall apply. An expanded jury source list shall be available to the courts for use by September 1, 1994.
[ 2024 c 54 s 22; 2015 3rd sp.s. c 1 s 401; 2015 c 225 s 2; 1993 c 408 s 1.]
Notes:
Effective date—2015 3rd sp.s. c 1 ss 401-405, 409, 411, and 412: "Sections 401 through 405, 409, 411, and 412 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 24, 2015." [ 2015 3rd sp.s. c 1 s 603.]
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.

catchline: Expanded jury source list—Court rules.


title: RCW 2.36.0571

text:
The secretary of state, the department of licensing, and Washington technology solutions shall adopt administrative rules as necessary to provide for the implementation of the methodology and standards established pursuant to RCW 2.36.057 and 2.36.054 or by supreme court rule.
[ 2024 c 54 s 23; 2015 3rd sp.s. c 1 s 402; 2015 c 225 s 3; 1993 c 408 s 2.]
Notes:
Effective date—2015 3rd sp.s. c 1 ss 401-405, 409, 411, and 412: See note following RCW 2.36.057.
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.

catchline: Jury source list—Master jury list—Adoption of rules for implementation of methodology and standards by agencies.


title: RCW 2.36.063

text:
The judge or judges of the superior court of any county may employ a properly programmed electronic data processing system or device to compile the jury source list, and to compile the master jury list and to randomly select jurors from the master jury list.
[ 1993 c 408 s 6; 1988 c 188 s 5; 1973 2nd ex.s. c 13 s 1.]
Notes:
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Compilation of jury source list, master jury list, and selection of jurors by electronic data processing.


title: RCW 2.36.065

text:
It shall be the duty of the judges of the superior court to ensure continued random selection of the master jury list and jury panels, which shall be done without regard to whether a person's name originally appeared on the list of registered voters, or on the list of licensed drivers and identicard holders, or both. The judges shall review the process from time to time and shall cause to be kept on file with the county clerk a description of the jury selection process. Any person who desires may inspect this description in said office.
Nothing in this chapter shall be construed as requiring uniform equipment or method throughout the state, so long as fair and random selection of the master jury list and jury panels is achieved.
[ 1993 c 408 s 7; 1988 c 188 s 6.]
Notes:
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Judges to ensure random selection—Description of process.


title: RCW 2.36.070

text:
A person shall be competent to serve as a juror in the state of Washington unless that person:
(1) Is less than eighteen years of age;
(2) Is not a citizen of the United States;
(3) Is not a resident of the county in which he or she has been summoned to serve;
(4) Is not able to communicate in the English language; or
(5) Has been convicted of a felony and has not had his or her civil rights restored.
[ 1988 c 188 s 7; 1975 1st ex.s. c 203 s 1; 1971 ex.s. c 292 s 3; 1911 c 57 s 1; RRS s 94. Prior: 1909 c 73 s 1.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Qualification of juror.


title: RCW 2.36.072

text:
(1) Each court shall establish a means to preliminarily determine by a written or electronic declaration signed under penalty of perjury by the person summoned, the qualifications set forth in RCW 2.36.070 of each person summoned for jury duty prior to their appearance at the court to which they are summoned to serve.
(2) An electronic signature may be used in lieu of a written signature.
(3) "Electronic signature" means an electric sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(4) Upon receipt by the summoning court of a written declaration stating that a declarant does not meet the qualifications set forth in RCW 2.36.070, that declarant shall be excused from appearing in response to the summons. If a person summoned to appear for jury duty fails to sign and return a declaration of his or her qualifications to serve as a juror prior to appearing in response to a summons and is later determined to be unqualified for one of the reasons set forth in RCW 2.36.070, that person shall not be entitled to any compensation as provided in RCW 2.36.150. Information provided to the court for preliminary determination of statutory qualification for jury duty may only be used for the term such person is summoned and may not be used for any other purpose, except that the court, or designee, may report a change of address or nondelivery of summons of persons summoned for jury duty to the county auditor.
[ 2009 c 330 s 1; 1993 c 408 s 9.]
Notes:
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.

catchline: Determination of juror qualification—Written or electronic declaration.


title: RCW 2.36.080

text:
(1) It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity in accordance with chapter 135, Laws of 1979 ex. sess. to be considered for jury service in this state and have an obligation to serve as jurors when summoned for that purpose.
(2) It is the policy of this state to maximize the availability of residents of the state for jury service. It also is the policy of this state to minimize the burden on the prospective jurors, their families, and employers resulting from jury service. The jury term and jury service should be set at as brief an interval as is practical given the size of the jury source list for the judicial district. The optimal jury term is one week or less. Optimal juror service is one day or one trial, whichever is longer.
(3) A citizen shall not be excluded from jury service in this state on account of membership in a protected class recognized in RCW 49.60.030, or on account of economic status.
(4) This section does not affect the right to peremptory challenges under RCW 4.44.130, the right to general causes of challenge under RCW 4.44.160, the right to particular causes of challenge under RCW 4.44.170, or a judge's duty to excuse a juror under RCW 2.36.110.
[ 2018 c 23 s 1; 2015 c 7 s 3; 1992 c 93 s 2; 1979 ex.s. c 135 s 2; 1967 c 39 s 1; 1911 c 57 s 2; RRS s 95. Prior: 1909 c 73 s 2.]
Notes:
Severability—1979 ex.s. c 135: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 135 s 12.]

catchline: Selection of jurors—State policy—Exclusion on account of membership in a protected class or economic status prohibited.


title: RCW 2.36.093

text:
(1) At such time as the judge or judges of any court of any county shall deem that the public business requires a jury term to be held, the judge or judges shall direct that a jury panel be selected and summoned to serve for the ensuing jury term or terms.
(2) The court shall establish the length and number of jury terms in a consecutive twelve-month period, and shall establish the time of juror service consistent with the provisions of RCW 2.36.010.
[ 1992 c 93 s 3; 1988 c 188 s 8; 1973 2nd ex.s. c 13 s 2.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Selection of jurors—Length and number of terms—Time of service.


title: RCW 2.36.095

text:
(1) Persons selected to serve on a petit jury, grand jury, or jury of inquest shall be summoned by mail or personal service, or electronically. The county clerk shall issue summons and thereby notify persons selected for jury duty. The clerk may issue summons for any jury term, in any consecutive twelve-month period, at any time thirty days or more before the beginning of the jury term for which the summons are issued. However, when applicable, the provisions of RCW 2.36.130 apply.
(2) In courts of limited jurisdiction summons shall be issued by the court. Upon the agreement of the courts, the county clerk may summon jurors for any and all courts in the county or judicial district.
[ 2023 c 316 s 3; 2013 c 246 s 1; 1993 c 408 s 8; 1992 c 93 s 4; 1990 c 140 s 1; 1988 c 188 s 9.]
Notes:
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Summons to persons selected.


title: RCW 2.36.100

text:
(1) Except for a person who is not qualified for jury service under RCW 2.36.070 or who chooses to opt out of jury service under subsection (2) of this section, no person may be excused from jury service by the court except upon a showing of undue hardship, extreme inconvenience, public necessity, or any reason deemed sufficient by the court for a period of time the court deems necessary.
(2) A person who is 80 years of age or older may request to be excused from jury service if the person attests that the person is unable to serve due to health reasons. An attestation form must be developed by the court and may not include a requirement that a doctor's note be provided. This request must be granted by the court.
(3) At the discretion of the court's designee, after a request by a prospective juror to be excused, a prospective juror excused from juror service for a particular time may be assigned to another jury term within the twelve-month period. If the assignment to another jury term is made at the time a juror is excused from the jury term for which he or she was summoned, a second summons under RCW 2.36.095 need not be issued. This subsection does not apply to people excused from jury service under subsection (2) of this section.
(4) When the jury source list has been fully summoned within a consecutive twelve-month period and additional jurors are needed, jurors who have already served during the consecutive twelve-month period may be summoned again for service. A juror who has previously served may only be excused if he or she served at least one week of juror service within the preceding twelve months. An excuse for prior service shall be granted only upon the written request of the prospective juror, which request shall certify the terms of prior service. Prior jury service may include service in superior court, in a court of limited jurisdiction, in the United States District Court, or on a jury of inquest.
[ 2023 c 205 s 1; 2015 c 7 s 2; 1992 c 93 s 5; 1988 c 188 s 10; 1983 c 181 s 1; 1979 ex.s. c 135 s 3; 1911 c 57 s 7; RRS s 100. Prior: 1909 c 73 s 7.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
PDF
RCW 2.36.100
Excuse from service—Reasons—Assignment to another term—Summons for additional service—Certification of prior service. (Effective January 1, 2027.)
(1) Except for a person who is not qualified for jury service under RCW 2.36.070 or who chooses to opt out of jury service under subsection (2) of this section, no person may be excused from jury service by the court except upon a showing of undue hardship, extreme inconvenience, public necessity, or any reason deemed sufficient by the court for a period of time the court deems necessary.
(2)(a) A person who is 80 years of age or older may request to be excused from jury service if the person attests that the person is unable to serve due to health reasons. An attestation form must be developed by the court and may not include a requirement that a doctor's note be provided. This request must be granted by the court.
(b) A person who is breastfeeding or expressing breast milk for an infant under 24 months old may request to delay or be excused from jury service if the person attests that the person is unable to serve for this reason. An attestation form must be developed by the court and may not include a requirement that a doctor's note be provided. This request must be granted by the court.
(3) At the discretion of the court's designee, after a request by a prospective juror to be excused, a prospective juror excused from juror service for a particular time may be assigned to another jury term within the twelve-month period. If the assignment to another jury term is made at the time a juror is excused from the jury term for which he or she was summoned, a second summons under RCW 2.36.095 need not be issued. This subsection does not apply to people excused from jury service under subsection (2) of this section.
(4) When the jury source list has been fully summoned within a consecutive twelve-month period and additional jurors are needed, jurors who have already served during the consecutive twelve-month period may be summoned again for service. A juror who has previously served may only be excused if he or she served at least one week of juror service within the preceding twelve months. An excuse for prior service shall be granted only upon the written request of the prospective juror, which request shall certify the terms of prior service. Prior jury service may include service in superior court, in a court of limited jurisdiction, in the United States District Court, or on a jury of inquest.
[ 2025 c 379 s 7; 2023 c 205 s 1; 2015 c 7 s 2; 1992 c 93 s 5; 1988 c 188 s 10; 1983 c 181 s 1; 1979 ex.s. c 135 s 3; 1911 c 57 s 7; RRS s 100. Prior: 1909 c 73 s 7.]
Notes:
Effective date—2025 c 379: See note following RCW 49.92.020.
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.

catchline: Excuse from service—Reasons—Assignment to another term—Summons for additional service—Certification of prior service. (Effective until January 1, 2027.)


title: RCW 2.36.110

text:
It shall be the duty of a judge to excuse from further jury service any juror, who in the opinion of the judge, has manifested unfitness as a juror by reason of bias, prejudice, indifference, inattention or any physical or mental defect or by reason of conduct or practices incompatible with proper and efficient jury service.
[ 1988 c 188 s 11; 1925 ex.s. c 191 s 3; RRS s 97-1.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Judge must excuse unfit person.


title: RCW 2.36.130

text:
If for any reason the jurors drawn for service upon a jury for any term shall not be sufficient to dispose of the pending jury business, or where no jury is in regular attendance and the business of the court may require the attendance of a jury before a regular term, the judge or judges of any court may direct the random selection and summoning from the master jury list such additional names as they may consider necessary.
[ 1988 c 188 s 12; 1911 c 57 s 6; RRS s 99.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Additional names.


title: RCW 2.36.150

text:
Jurors shall receive for each day's attendance, besides mileage at the rate determined under RCW 43.03.060, the following expense payments:
(1) Grand jurors may receive up to twenty-five dollars but in no case less than ten dollars;
(2) Petit jurors may receive up to twenty-five dollars but in no case less than ten dollars;
(3) Coroner's jurors may receive up to twenty-five dollars but in no case less than ten dollars;
(4) District court jurors may receive up to twenty-five dollars but in no case less than ten dollars:
PROVIDED, That a person excused from jury service at his or her own request shall be allowed not more than a per diem and such mileage, if any, as to the court shall seem just and equitable under all circumstances: PROVIDED FURTHER, That the state shall fully reimburse the county in which trial is held for all jury fees and witness fees related to criminal cases which result from incidents occurring within an adult or juvenile correctional institution: PROVIDED FURTHER, That the expense payments paid to jurors shall be determined by the county legislative authority and shall be uniformly applied within the county.
For the fiscal year ending June 30, 2007, jurors participating in pilot projects in superior, district, and municipal courts may receive juror fees of up to sixty-two dollars for each day of attendance in addition to mileage reimbursement at the rate determined under RCW 43.03.060.
[ 2006 c 372 s 903; 2004 c 127 s 1; 1987 c 202 s 105; 1979 ex.s. c 135 s 7; 1975 1st ex.s. c 76 s 1; 1959 c 73 s 1; 1951 c 51 s 2; 1943 c 188 s 1; 1933 c 52 s 1; 1927 c 171 s 1; 1907 c 56 s 1, part; Rem. Supp. 1943 s 4229. Prior: 1903 c 151 s 1, part; 1893 p 421 s 1, part; Code 1881 s 2086, part.]
Notes:
Severability—Effective date—2006 c 372: See notes following RCW 73.04.135.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
Travel expense in lieu of mileage in certain cases: RCW 2.40.030.

catchline: Juror expense payments—Reimbursement by state—Pilot projects.


title: RCW 2.36.165

text:
(1) An employer shall provide an employee with a sufficient leave of absence from employment to serve as a juror when that employee is summoned pursuant to chapter 2.36 RCW.
(2) An employer shall not deprive an employee of employment or threaten, coerce, or harass an employee, or deny an employee promotional opportunities because the employee receives a summons, responds to the summons, serves as a juror, or attends court for prospective jury service.
(3) An employer who intentionally violates subsection (1) or (2) of this section shall be guilty of a misdemeanor.
(4) If an employer commits an act in violation of subsection (2) of this section the employee may bring a civil action for damages as a result of the violation and for an order requiring the reinstatement of the employee. If the employee prevails, the employee shall be allowed a reasonable attorney's fee as determined by the court.
(5) For purposes of this section employer means any person, association, partnership, or private or public corporation who employs or exercises control over wages, hours, or working conditions of one or more employees.
[ 1988 c 188 s 13.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Leave of absence from employment to be provided—Denial of promotional opportunities prohibited—Penalty—Civil action.


title: RCW 2.36.170

text:
A person summoned for jury service who intentionally fails to appear as directed shall be guilty of a misdemeanor.
[ 1988 c 188 s 14.]
Notes:
Legislative findings—Severability—Effective date—1988 c 188: See notes following RCW 2.36.010.

catchline: Failure of juror to appear—Penalty.


title: RCW 2.36.180

text:
The administrative office of the courts shall provide all courts with a method to collect data on a juror's race, ethnicity, age, sex, employment status, educational attainment, and income, as well as any other data approved by order of the chief justice of the Washington state supreme court. Data collection must be conducted and reported in a manner that preserves juror anonymity. The administrative office of the courts shall publish this demographic data in an annual report to the governor.
[ 2023 c 316 s 1.]

catchline: Demographic data—Collection—Reports.


title: RCW 2.40.010

text:
Witnesses shall receive for each day's attendance in all courts of record of this state the same compensation per day and per mile as jurors in superior court. Witnesses in any other court shall receive for each day's attendance the same compensation per day and per mile as jurors in district court.
[ 1987 c 202 s 106; 1977 ex.s. c 54 s 1; 1951 c 51 s 3; 1907 c 56 s 1, part; RRS s 497, part. Prior: 1903 c 151 s 1, part; 1893 p 421 s 1, part; Code 1881 s 2086, part.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Witness fees and mileage.


title: RCW 2.40.020

text:
Witnesses in civil cases shall be entitled to receive, upon demand, their fees for one day's attendance, together with mileage going to the place where they are required to attend, if such demand is made to the officer or person serving the subpoena at the time of service.
[Code 1881 s 2100; 1869 p 374 s 22; RRS s 507.]

catchline: Witness fee and mileage in civil cases demandable in advance.


title: RCW 2.40.030

text:
Whenever a juror, witness, or officer is required to attend a court, or travel on official business out of the limits of his or her own county, and entitled to mileage, in lieu thereof he or she may at his or her option receive his or her actual and necessary traveling expenses by the usually traveled route in going to and returning from the place where the court is held, or where the business is discharged. At the close of each term of the district court, the clerk shall ascertain the amount due each juror for his or her mileage and per diem; and he or she shall also certify the amount of fees that may be due to the sheriff of any other county than that in which the court is held, who may have attended the term, having a prisoner in custody charged with or convicted of a crime, or for the purpose of conveying such prisoner to or from the county, which, when approved by the court or judge, shall be a charge upon the county to which the prisoner belongs; and he or she shall also certify the amount which may be due witnesses attending from another county in a criminal case for their fees, which, when approved by the court or judge, shall be a charge upon the county to which the case belongs.
[ 2011 c 336 s 56; Code 1881 s 2109; 1869 p 419 s 7; 1863 p 424 ss 6, 8; RRS ss 509, 4230.]
Notes:
County officers—Expenses: RCW 42.24.090.
Juror expense payments: RCW 2.36.150.
Salaried officers not to receive witness fees: RCW 42.16.020.
State officers—Subsistence and mileage: RCW 43.03.050, 43.03.060.
Witness fees as costs in civil actions: RCW 4.84.090.

catchline: Travel expense in lieu of mileage in certain cases.


title: RCW 2.40.040

text:
No attorney in any case shall be allowed any fees as a witness in such case.
[Code 1881 s 2095; 1869 p 374 s 17; RRS s 502.]

catchline: Attorney of record not entitled to witness fee in case.


title: RCW 2.42.010

text:
It is hereby declared to be the policy of this state to secure the constitutional rights of deaf persons and of other persons who, because of impairment of hearing or speech, are unable to readily understand or communicate the spoken English language, and who consequently cannot be fully protected in legal proceedings unless qualified interpreters are available to assist them.
It is the intent of the legislature in the passage of this chapter to provide for the appointment of such interpreters.
[ 1989 c 358 s 12; 1983 c 222 s 1; 1973 c 22 s 1.]
Notes:
Severability—1989 c 358: See note following RCW 2.43.010.

catchline: Legislative declaration—Intent.


title: RCW 2.42.050

text:
Every qualified interpreter appointed under this chapter in a judicial or administrative proceeding shall, upon receiving the interpreter's initial qualification from the office of the deaf and hard of hearing, take an oath that a true interpretation will be made to the person being examined of all the proceedings in a manner which the person understands, and that the interpreter will repeat the statements of the person being examined to the court or other agency conducting the proceedings, to the best of the interpreter's skill and judgment.
[ 2017 c 83 s 1; 1989 c 358 s 14; 1985 c 389 s 20; 1973 c 22 s 5.]
Notes:
Rules of court: ER 604.
Severability—1989 c 358: See note following RCW 2.43.010.

catchline: Oath.


title: RCW 2.42.110

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Impaired person" means a person who, because of a hearing or speech impairment, cannot readily understand or communicate in spoken language; and includes persons who are deaf, deaf and blind, speech impaired, or hard of hearing.
(2) "Qualified interpreter" means a visual language interpreter who is certified by the state or is certified by the registry of interpreters for the deaf to hold the comprehensive skills certificate or both certificates of interpretation and transliteration, or an interpreter who can readily translate statements of speech impaired persons into spoken language.
(3) "Intermediary interpreter" means a hearing impaired interpreter who holds a reverse skills certificate by the state or is certified by the registry of interpreters for the deaf with a reverse skills certificate, who meets the requirements of RCW 2.42.130, and who is able to assist in providing an accurate interpretation between spoken and sign language or between variants of sign language by acting as an intermediary between a hearing impaired person and a qualified hearing interpreter.
(4) "Appointing authority" means the presiding officer or similar official of any court, department, board, commission, agency, licensing authority, or legislative body of the state or of any political subdivision.
[ 1991 c 171 s 1; 1985 c 389 s 11.]

catchline: Definitions.


title: RCW 2.42.120

text:
(1) If a hearing impaired person is a party or witness at any stage of a judicial or quasi-judicial proceeding in the state or in a political subdivision, including but not limited to civil and criminal court proceedings, grand jury proceedings, proceedings before a magistrate, juvenile proceedings, adoption proceedings, mental health commitment proceedings, and any proceeding in which a hearing impaired person may be subject to confinement or criminal sanction, the appointing authority shall appoint and pay for a qualified interpreter to interpret the proceedings.
(2) If the parent, guardian, or custodian of a juvenile brought before a court is hearing impaired, the appointing authority shall appoint and pay for a qualified interpreter to interpret the proceedings.
(3) Where it is the policy and practice of a court of this state or of a political subdivision to appoint and pay counsel for persons who are indigent, the appointing authority shall appoint and pay for a qualified interpreter for hearing impaired persons to facilitate communication with counsel in all phases of the preparation and presentation of the case.
(4) Subject to the availability of funds specifically appropriated therefor, the administrative office of the courts shall reimburse the appointing authority for up to one-half of the payment to the interpreter where a qualified interpreter is appointed for a hearing impaired person by a judicial officer in a proceeding before a court under subsection (1) or (2) of this section in compliance with the provisions of RCW 2.42.130 and 2.42.170.
[ 2025 c 55 s 15; 2008 c 291 s 2; 1985 c 389 s 12.]

catchline: Appointment of interpreter—Responsibility for compensation—Reimbursement.


title: RCW 2.42.130

text:
(1) If a qualified interpreter for a hearing impaired person is required, the appointing authority shall request a qualified interpreter and/or an intermediary interpreter through the department of social and health services, office of deaf services, or through any community center for hearing impaired persons which operates an interpreter referral service. The office of deaf services and these community centers shall maintain an up-to-date list or lists of interpreters that are certified by the state and/or by the registry of interpreters for the deaf.
(2) The appointing authority shall make a preliminary determination, on the basis of testimony or stated needs of the hearing impaired person, that the interpreter is able in that particular proceeding, program, or activity to interpret accurately all communication to and from the hearing impaired person. If at any time during the proceeding, program, or activity, in the opinion of the hearing impaired person or a qualified observer, the interpreter does not provide accurate, impartial, and effective communication with the hearing impaired person the appointing authority shall appoint another qualified interpreter. No otherwise qualified interpreter who is a relative of any participant in the proceeding may be appointed.
[ 1991 c 171 s 2; 1985 c 389 s 13.]

catchline: Source of interpreters, qualifications.


title: RCW 2.42.140

text:
If the communication mode or language of the hearing impaired person is not readily interpretable, the interpreter or hearing impaired person shall notify the appointing authority who shall appoint and pay an intermediary interpreter to assist the qualified interpreter.
[ 1985 c 389 s 14.]

catchline: Intermediary interpreter, when.


title: RCW 2.42.150

text:
(1) The right to a qualified interpreter may not be waived except when:
(a) A hearing impaired person requests a waiver through the use of a qualified interpreter;
(b) The counsel, if any, of the hearing impaired person consents; and
(c) The appointing authority determines that the waiver has been made knowingly, voluntarily, and intelligently.
(2) Waiver of a qualified interpreter shall not preclude the hearing impaired person from claiming his or her right to a qualified interpreter at a later time during the proceeding, program, or activity.
[ 1985 c 389 s 15.]

catchline: Waiver of right to interpreter.


title: RCW 2.42.160

text:
(1) A qualified and/or intermediary interpreter shall not, without the written consent of the parties to the communication, be examined as to any communication the interpreter interprets under circumstances where the communication is privileged by law.
(2) A qualified and/or intermediary interpreter shall not, without the written consent of the parties to the communication, be examined as to any information the interpreter obtains while interpreting pertaining to any proceeding then pending.
[ 1991 c 171 s 3; 1985 c 389 s 16.]

catchline: Privileged communication.


title: RCW 2.42.170

text:
A qualified and/or intermediary interpreter appointed under this chapter is entitled to a reasonable fee for services, including waiting time and reimbursement for actual necessary travel expenses. The fee for services for interpreters for hearing impaired persons shall be in accordance with standards established by the department of social and health services, office of deaf services.
[ 1991 c 171 s 4; 1985 c 389 s 17.]

catchline: Fee.


title: RCW 2.42.180

text:
At the request of any party to the proceeding or on the appointing authority's initiative, the appointing authority may order that the testimony of the hearing impaired person and the interpretation of the proceeding by the qualified interpreter be visually recorded for use in verification of the official transcript of the proceeding.
In any judicial proceeding involving a capital offense, the appointing authority shall order that the testimony of the hearing impaired person and the interpretation of the proceeding by the qualified interpreter be visually recorded for use in verification of the official transcript of the proceeding.
[ 1985 c 389 s 18.]

catchline: Visual recording of testimony.


title: RCW 2.43.010

text:
It is hereby declared to be the policy of this state to secure the rights, constitutional or otherwise, of persons who, because of a non-English-speaking cultural background, are unable to readily understand or communicate in the English language, and who consequently cannot be fully protected in legal proceedings unless interpreters are available to assist them.
It is the intent of the legislature in the passage of this chapter to provide for the use and procedure for the appointment of such interpreters.
[ 2025 c 55 s 1; 1989 c 358 s 1. Formerly RCW 2.42.200.]
Notes:
Severability—1989 c 358: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 358 s 10.]

catchline: Legislative intent.


title: RCW 2.43.020

text:
As used in this chapter:
(1) "Credentialed interpreter" means an interpreter who is credentialed by the administrative office of the courts in a spoken language.
(2) "Judicial officer" means a judge, commissioner, or magistrate of any court.
(3) "Language access plan" means a plan that is publicly available which contains the elements required by RCW 2.43.090.
(4) "Legal proceeding" means any proceeding in any court, and in any type of hearing before a judicial officer, an administrative law judge, or before an administrative board, commission, agency, or licensing body of the state or any political subdivision.
(5) "Person with limited English proficiency" means a person involved in a legal proceeding who cannot readily speak or understand the English language, but does not include deaf, deaf-blind, and hard of hearing individuals who are covered under chapter 2.42 RCW.
(6) "Presiding officer" means the judicial officer or similar official of any court, department, board, commission, agency, or licensing authority of the state or of any political subdivision thereof.
[ 2025 c 55 s 2. Prior: 2010 c 190 s 2; 2005 c 282 s 2; 1989 c 358 s 2. Formerly RCW 2.42.210.]
Notes:
Severability—1989 c 358: See note following RCW 2.43.010.


title: RCW 2.43.030

text:
(1)(a) Credentialed interpreters shall be appointed in legal proceedings involving participation of persons with limited English proficiency, unless good cause is found on the record for appointing a noncredentialed interpreter.
(b) For purposes of this chapter, "good cause" includes, but is not limited to, a determination that:
(i) Given the totality of the circumstances, including the nature of the proceeding and the potential penalty or consequences involved, the services of a credentialed interpreter are not reasonably available; or
(ii) The current list of interpreters maintained by the administrative office of the courts does not include an interpreter credentialed in the language spoken by the person with limited English proficiency.
(2) If good cause is found for using an interpreter who is not credentialed, the judicial or presiding officer shall make a preliminary determination on the record that the proposed interpreter is able to interpret accurately all communications to and from the person with limited English proficiency in that particular proceeding. The judicial or presiding officer shall consider testimony and the needs of the person with limited English proficiency in making this determination.
(3) After an appropriate colloquy or other process permitted by statute or regulation, the judicial or presiding officer shall satisfy itself and state on the record that:
(a) The proposed interpreter is capable of communicating effectively in English and in the non-English language. If the interpreter is assigned to interpret between two non-English languages (relay interpreter), the interpreter shall not be required to communicate in English;
(b) The proposed interpreter has read, understands, and will abide by the code of professional responsibility for judiciary interpreters established by court rule. If the interpreter does not meet this requirement, the interpreter may be given time to review the code of professional responsibility for judiciary interpreters; and
(c) The person with limited English proficiency can understand the interpreter.
(4) The court shall inquire whether the interpreter can accurately interpret:
(a) In the consecutive mode, if that mode of interpretation is expected to be used; and
(b) In the simultaneous mode, if that mode of interpretation is expected to be used.
(5) If the proposed interpreter does not meet the criteria in subsection (3) of this section, another interpreter must be used.
[ 2025 c 55 s 3; 2005 c 282 s 3; 1990 c 183 s 1; 1989 c 358 s 3. Formerly RCW 2.42.220.]
Notes:
Severability—1989 c 358: See note following RCW 2.43.010.

catchline: Appointment of interpreter—Source of interpreters—Qualifications.


title: RCW 2.43.050

text:
(1)(a) Upon obtaining an interpreter credential with the administrative office of the courts, credentialed interpreters shall take a permanent oath, affirming that the interpreter will make a true interpretation of all the proceedings and that the interpreter will repeat the statements of the person with limited English proficiency to the court or agency conducting the proceedings, in the English language, to the best of the interpreter's skill and judgment.
(b) The administrative office of the courts shall maintain the list of credentialed interpreters and a record of the oath in the same manner.
(2) Subject to other processes permitted by statute or regulation, before any person serving as an interpreter for the court or agency begins to interpret, the judicial or presiding officer shall require the interpreter to state the interpreter's name on the record and whether the interpreter is a credentialed interpreter. If the interpreter is not a credentialed interpreter, the interpreter must be qualified on the record.
(3) Before beginning to interpret, every interpreter appointed under this chapter shall take an oath unless the interpreter is a credentialed interpreter who has taken the oath as required in subsection (1) of this section. The oath must affirm that the interpreter will make a true interpretation to the person being examined of all the proceedings in a language which the person understands, and that the interpreter will repeat the statements of the person being examined to the court or agency conducting the proceedings, in the English language, to the best of the interpreter's skill and judgment.
[ 2025 c 55 s 4; 2017 c 83 s 2; 2010 c 190 s 1; 1989 c 358 s 5. Formerly RCW 2.42.240.]
Notes:
Severability—1989 c 358: See note following RCW 2.43.010.

catchline: Oath of interpreter—Qualification on the record.


title: RCW 2.43.060

text:
(1) The right to an interpreter may not be waived except when:
(a) A person with limited English proficiency requests a waiver on the record; and
(b) The judicial or presiding officer determines on the record that the waiver has been made knowingly, voluntarily, and intelligently.
(2) The waiver of the right to an interpreter may be set aside and an interpreter appointed at the discretion of the judicial or presiding officer at any time during the proceedings.
(3) The waiver of the right to an interpreter does not preclude a person with limited English proficiency from exercising the right to an interpreter at a later time.
[ 2025 c 55 s 5; 1989 c 358 s 6. Formerly RCW 2.42.250.]
Notes:
Severability—1989 c 358: See note following RCW 2.43.010.


title: RCW 2.43.063

text:
All language interpreters serving in a legal proceeding, whether or not credentialed, shall abide by a code of professional responsibility for judiciary interpreters established by supreme court rule.
[ 2025 c 55 s 6; 1989 c 358 s 8. Formerly RCW 2.43.080, 2.42.270.]
Notes:
Severability—1989 c 358: See note following RCW 2.43.010.

catchline: Code of professional responsibility.


title: RCW 2.43.067

text:
The court shall appoint a team of interpreters as required by supreme court rule.
[ 2025 c 55 s 7.]

catchline: Team interpreting.


title: RCW 2.43.070

text:
(1) Subject to the availability of funds, the administrative office of the courts shall establish and maintain a credentialing program for spoken language interpreters and administer comprehensive testing.
(2) The administrative office of the courts shall work cooperatively with public or private educational institutions, and with other public or private organizations to establish suitable training programs and engage in recruitment efforts to ensure the availability of credentialed interpreters. Training programs shall be made readily available in both eastern and western Washington locations.
(3) The administrative office of the courts shall establish and adopt standards of proficiency, written and oral, in English and the language to be interpreted.
(4) The administrative office of the courts shall conduct periodic examinations to ensure the availability of credentialed interpreters. Periodic examinations shall be made readily available in both eastern and western Washington locations.
(5) The administrative office of the courts shall compile, maintain, and disseminate a current list of interpreters credentialed by the office.
(6) The administrative office of the courts may charge reasonable fees for testing, training, and credentialing.
(7) The administrative office of the courts may create different credentials and provide guidance for the selection and use of credentialed and noncredentialed interpreters to ensure the highest standards of accuracy are maintained in all judicial proceedings.
[ 2025 c 55 s 8; 2005 c 282 s 4; 1989 c 358 s 7. Formerly RCW 2.42.260.]
Notes:
Severability—1989 c 358: See note following RCW 2.43.010.

catchline: Testing and credentialing of interpreters.


title: RCW 2.43.081

text:
(1) Interpreters appointed according to this chapter are entitled to a reasonable fee for their services and shall be reimbursed for actual expenses which are reasonable as provided in this section.
(2)(a) In all legal proceedings, a person with limited English proficiency is not responsible for the cost of the interpreter if that person is:
(i) A party;
(ii) Subpoenaed or summoned;
(iii) A parent, guardian, or custodian of a juvenile; or
(iv) Compelled to appear.
(b) In legal proceedings initiated by agencies of government, the cost of providing the interpreter shall be borne by the governmental body initiating the legal proceedings.
(3) Subject to the availability of funds specifically appropriated for this purpose, the administrative office of the courts shall reimburse the participating state court for language access services costs and one-half of the payment of interpreter costs for legal proceedings unless a higher reimbursement rate is established in the omnibus budget.
[ 2025 c 55 s 9; 2023 c 102 s 1; 2008 c 291 s 3; 1989 c 358 s 4. Formerly RCW 2.43.040, 2.42.230.]
Notes:
Severability—1989 c 358: See note following RCW 2.43.010.

catchline: Cost of providing interpreter—Reimbursement.


title: RCW 2.43.090

text:
(1) Trial courts organized under this title and Titles 3 and 35 RCW must develop and maintain a written language access plan to provide a framework for the provision of language access services for persons with limited English proficiency accessing the court system and its programs in both civil and criminal legal matters. Courts may use a template developed by the administrative office of the courts in developing their language access plan.
(2) The language access plan must at a minimum include provisions designed to provide procedures for court staff and the public, as may be necessary, that address the following:
(a) Procedures to identify and provide the language needs of persons with limited English proficiency using the court system;
(b) Procedures for requesting and appointing interpreters as required under RCW 2.43.030;
(c) Procedures for notifying court users of the right to an interpreter and the availability of interpreter services. Such information shall be prominently displayed in the courthouse in the five or more languages other than English that reputable data indicates are predominate in the jurisdiction;
(d) A process for providing timely communication between individuals with limited English proficiency and all court employees who have regular contact with the public and effective access to court services provided by the clerk's office and other court-managed programs;
(e) Procedures for evaluating the need for translation of written materials, and prioritizing and providing those translated materials. Courts should take into account the frequency of use of forms by the language group, and the cost of providing the forms by other means;
(f) A process for training judges, court clerks, and court staff on best practices in serving individuals with limited English proficiency in legal proceedings and how to effectively assign and work with interpreters and provide interpretation; and
(g) A process for an ongoing evaluation of the language access plan and a process for monitoring the implementation of the language access plan.
(3) Each court, when developing its language access plan, must consult with judges, court administrators, court staff, court clerks, interpreters, and members of the community, such as domestic violence organizations, pro bono programs, courthouse facilitators, legal services programs, and/or other community groups whose members speak a language other than English.
(4) Beginning January 1, 2026, and every two years thereafter, all courts must submit their most recent language access plan to the administrative office of the courts.
(5) The administrative office of the courts shall provide technical assistance to trial courts in developing their language access plans.
(6) Each court must provide a copy of its language access plan to the administrative office of the courts in accordance with criteria for approval recommended by the interpreter and language access commission for approval prior to receiving state reimbursement for interpreter costs under this chapter.
(7) Each court shall make available on its website translated information that informs the public of procedures necessary to access a court's language access services and programs. The information shall be provided in five or more languages other than English that reputable data indicates are predominant in the jurisdiction.
[ 2025 c 55 s 10; 2008 c 291 s 1.]

catchline: Language access plans.


title: RCW 2.44.010

text:
An attorney and counselor has authority:
(1) To bind his or her client in any of the proceedings in an action or special proceeding by his or her agreement duly made, or entered upon the minutes of the court; but the court shall disregard all agreements and stipulations in relation to the conduct of, or any of the proceedings in, an action or special proceeding unless such agreement or stipulation be made in open court, or in presence of the clerk, and entered in the minutes by him or her, or signed by the party against whom the same is alleged, or his or her attorney;
(2) To receive money claimed by his or her client in an action or special proceeding, during the pendency thereof, or after judgment upon the payment thereof, and not otherwise, to discharge the same or acknowledge satisfaction of the judgment;
(3) This section shall not prevent a party from employing a new attorney or from issuing an execution upon a judgment, or from taking other proceedings prescribed by statute for its enforcement.
[ 2011 c 336 s 57; Code 1881 s 3280; 1863 p 404 s 6; RRS s 130.]

catchline: Authority of attorney.


title: RCW 2.44.020

text:
If it be alleged by a party for whom an attorney appears, that he or she does so without authority, the court may, at any stage of the proceedings, relieve the party for whom the attorney has assumed to appear from the consequences of his or her act; it may also summarily, upon motion, compel the attorney to repair the injury to either party consequent upon his or her assumption of authority.
[ 2011 c 336 s 58; Code 1881 s 3281; 1863 p 405 s 7; RRS s 131.]

catchline: Appearance without authority—Procedure.


title: RCW 2.44.030

text:
The court, or a judge, may, on motion of either party, and on showing reasonable grounds therefor, require the attorney for the adverse party, or for any one of several adverse parties, to produce or prove the authority under which he or she appears, and until he or she does so, may stay all proceedings by him or her on behalf of the party for whom he or she assumes to appear.
[ 2011 c 336 s 59; Code 1881 s 3282; 1863 p 405 s 8; RRS s 132.]

catchline: Production of authority to act.


title: RCW 2.44.040

text:
The attorney in an action or special proceeding, may be changed at any time before judgment or final determination as follows:
(1) Upon his or her own consent, filed with the clerk or entered upon the minutes; or
(2) Upon the order of the court, or a judge thereof, on the application of the client, or for other sufficient cause; but no such change can be made until the charges of such attorney have been paid by the party asking such change to be made.
[ 2011 c 336 s 60; Code 1881 s 3283; 1863 p 405 s 9; RRS s 133.]

catchline: Change of attorneys.


title: RCW 2.44.050

text:
When an attorney is changed, as provided in RCW 2.44.040, written notice of the change, and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party; until then, he or she shall be bound to recognize the former attorney.
[ 2011 c 336 s 61; Code 1881 s 3284; 1863 p 405 s 10; RRS s 134.]

catchline: Notice of change and substitution.


title: RCW 2.44.060

text:
When an attorney dies, or is removed, or suspended, or ceases to act as such, a party to an action for whom he or she was acting as attorney, must, at least twenty days before any further proceedings against him or her, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person.
[ 2011 c 336 s 62; Code 1881 s 3285; 1863 p 405 s 11; RRS s 135.]

catchline: Death or removal of attorney—Proceedings.


title: RCW 2.48.010

text:
There is hereby created as an agency of the state, for the purpose and with the powers hereinafter set forth, an association to be known as the Washington State Bar Association, hereinafter designated as the state bar, which association shall have a common seal and may sue and be sued, and which may, for the purpose of carrying into effect and promoting the objects of said association, enter into contracts and acquire, hold, encumber and dispose of such real and personal property as is necessary thereto.
[ 1933 c 94 s 2; RRS s 138-2.]
Notes:
Severability—1933 c 94: "If any section, subsection, sentence, clause or phrase of this act or any rule adopted thereunder, is for any reason held unconstitutional, such decision shall not affect the validity of the remaining portions of this act nor of any other rule adopted hereunder. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional." [ 1933 c 94 s 17.]
Short title—1933 c 94: "This act may be known and cited as the State Bar Act." [ 1933 c 94 s 1.]

catchline: Objects and powers.


title: RCW 2.48.020

text:
The first members of the Washington State Bar Association shall be all persons now [on June 7, 1933] entitled to practice law in this state.
[ 1933 c 94 s 3; RRS s 138-3. FORMER PART OF SECTION: 1933 c 94 s 4; RRS s 138-4 now codified as RCW 2.48.021.]

catchline: First members.


title: RCW 2.48.021

text:
After the organization of the state bar, as herein provided, all persons who are admitted to practice in accordance with the provisions of RCW 2.48.010 through 2.48.180, except judges of courts of record, shall become by that fact active members of the state bar.
[ 1933 c 94 s 4; RRS s 138-4. Formerly RCW 2.48.020, part.]

catchline: New members.


title: RCW 2.48.030

text:
There is hereby constituted a board of governors of the state bar which shall consist of not more than fifteen members, to include: The president of the state bar elected as provided by the bylaws of the association, one member from each congressional district now or hereafter existing in the state elected by secret ballot by mail by the active members residing therein, and such additional members elected as provided by the bylaws of the association. The members of the board of governors shall hold office for three years and until their successors are elected and qualified. Any vacancies in the board of governors shall be filled by the continuing members of the board until the next election, held in accordance with the bylaws of the association.
The board shall not be deemed to be unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.
[ 1982 1st ex.s. c 30 s 1; 1972 ex.s. c 66 s 1; 1933 c 94 s 5; RRS s 138-5.]

catchline: Board of governors.


title: RCW 2.48.035

text:
The terms of office of members of the board of governors of the state bar who are elected from the various congressional districts shall not be affected by the creation of either new boundaries for congressional districts or additional districts. In such an event, each board member so elected may continue to serve in office for the balance of the term for which he or she was elected or appointed: PROVIDED, That the board member continues to reside within the boundaries of the congressional district as they existed at the time of his or her election or appointment. Vacancies which occur in a board member position during the balance of any such term shall be filled pursuant to RCW 2.48.030, as now or hereafter amended, by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was elected as they existed at the time of his or her election. At the election immediately preceding expiration of the term of office of each board member provided for in this section following the creation of either new boundaries for congressional districts or additional districts, and thereafter, a successor shall be elected from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed or elected.
[ 1982 1st ex.s. c 30 s 2.]

catchline: Board of governors—Membership—Effect of creation of new congressional districts or boundaries.


title: RCW 2.48.040

text:
The state bar shall be governed by the board of governors which shall be charged with the executive functions of the state bar and the enforcement of the provisions of RCW 2.48.010 through 2.48.180 and all rules adopted in pursuance thereof. The members of the board of governors shall receive no salary by virtue of their office.
[ 1933 c 94 s 6; RRS s 138-6.]

catchline: State bar governed by board of governors.


title: RCW 2.48.050

text:
The said board of governors shall have power, in its discretion, from time to time to adopt rules
(1) concerning membership and the classification thereof into active, inactive and honorary members; and
(2) concerning the enrollment and privileges of membership; and
(3) defining the other officers of the state bar, the time, place and method of their selection, and their respective powers, duties, terms of office and compensation; and
(4) concerning annual and special meetings; and
(5) concerning the collection, the deposit and the disbursement of the membership and admission fees, penalties, and all other funds; and
(6) providing for the organization and government of district and/or other local subdivisions of the state bar; and
(7) providing for all other matters, whether similar to the foregoing or not, affecting in any way whatsoever, the organization and functioning of the state bar. Any such rule may be modified, or rescinded, or a new rule adopted, by a vote of the active members under rules to be prescribed by the board of governors.
[ 1933 c 94 s 7; RRS s 138-7.]

catchline: Powers of governors.


title: RCW 2.48.060

text:
The said board of governors shall likewise have power, in its discretion, from time to time to adopt rules, subject to the approval of the supreme court, fixing the qualifications, requirements and procedure for admission to the practice of law; and, with such approval, to establish from time to time and enforce rules of professional conduct for all members of the state bar; and, with such approval, to appoint boards or committees to examine applicants for admission; and, to investigate, prosecute and hear all causes involving discipline, disbarment, suspension or reinstatement, and make recommendations thereon to the supreme court; and, with such approval, to prescribe rules establishing the procedure for the investigation and hearing of such matters, and establishing county or district agencies to assist therein to the extent provided by such rules: PROVIDED, HOWEVER, That no person who shall have participated in the investigation or prosecution of any such cause shall sit as a member of any board or committee hearing the same.
[ 1933 c 94 s 8; RRS s 138-8.]
Notes:
Rules of court: See Rules for Lawyer Discipline, also Admission to Practice Rules.

catchline: Admission and disbarment.


title: RCW 2.48.070

text:
Any person who shall have graduated from any accredited law school and after such graduation shall have served in the armed forces of the United States of America between December 7, 1941, and the termination of the present World War, may be admitted to the practice of law in the state of Washington and to membership in the Washington State Bar Association, upon motion made before the supreme court of the state of Washington, provided the following is made to appear:
(1) That the applicant is a person of good moral character over the age of twenty-one years;
(2) That the applicant, at the time of entering the armed forces of the United States, was a legal resident of the state of Washington;
(3) That the applicant's service in the armed forces of the United States is or was satisfactory. An applicant's service is satisfactory if he or she meets the definition of "veteran" under RCW 41.04.007.
[ 2024 c 146 s 6; 1945 c 181 s 1; Rem. Supp. 1945 s 138-7A.]
Notes:
Intent—2024 c 146: See note following RCW 73.04.005.
Qualifications for admission to practice as prescribed by Rules of court: Admission to Practice Rules.

catchline: Admission of veterans.


title: RCW 2.48.080

text:
If an applicant under RCW 2.48.070 through 2.48.110 is, at the time he or she applies for admission to practice law in the state of Washington, still in the armed forces of the United States, he or she may establish the requirements of the proviso in RCW 2.48.070 by a letter or certificate from his or her commanding officer and by the certificates of at least two active members of the Washington state bar association.
[ 2011 c 336 s 63; 1945 c 181 s 2; Rem. Supp. 1945 s 138-7B.]

catchline: Admission of veterans—Establishment of requirements if in service.