title: RCW 2.12.020

text:
(1) Any judge of the supreme court, court of appeals, or superior court of the state of Washington, who heretofore and/or hereafter shall have served as a judge of any such courts for a period of ten years in the aggregate, and who shall believe he or she has become physically or otherwise permanently incapacitated for the full and efficient performance of the duties of his or her office, may file with the director of retirement systems an application in duplicate in writing, asking for retirement, which application shall be signed and verified by the affidavit of the applicant or by someone in his or her behalf and which shall set forth his or her name, the office then held, the court or courts of which he or she has served as judge, the period of service thereon, the dates of such service and the reasons why he or she believes himself or herself to be, or why they believe him or her to be incapacitated. Upon filing of such application the director shall forthwith transmit a copy thereof to the governor who shall appoint three physicians of skill and repute, duly licensed to practice their professions in the state of Washington, who shall, within fifteen days thereafter, for such compensation as may be fixed by the governor, to be paid out of the fund hereinafter created, examine said judge and report, in writing, to the governor their findings in the matter. If a majority of such physicians shall report that in their opinion said judge has become permanently incapacitated for the full and efficient performance of the duties of his or her office, and if the governor shall approve such report, he or she shall file the report, with his or her approval endorsed thereon, in the office of the director and a duplicate copy thereof with the administrator for the courts, and from the date of such filing the applicant shall be deemed to have retired from office and be entitled to the benefits of this chapter to the same extent as if he or she had retired under the provisions of RCW 2.12.010.
(2) The retirement for disability of a judge, who has served as a judge of the supreme court, court of appeals, or superior court of the state of Washington for a period of ten years in the aggregate, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (House Joint Resolution No. 37, approved by the voters November 4, 1980), with the concurrence of the retirement board, shall be considered a retirement under subsection (1) of this section.
[ 2011 c 336 s 32; 1982 1st ex.s. c 52 s 3; 1982 c 18 s 2; 1973 c 106 s 5; 1971 c 30 s 4; 1937 c 229 s 2; RRS s 11054-2.]
Notes:
Reviser's note: House Joint Resolution No. 37, approved by the voters November 4, 1980, became Amendment 71 to the state Constitution.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Construction—1971 c 30: See note following RCW 2.12.010.

catchline: Retirement for disability.


doc_type: statute

jurisdiction: wa

title: RCW 2.12.030

text:
Supreme court, court of appeals, or superior court judges of the state who retire from office under the provisions of this chapter other than as provided in RCW 2.12.012 shall be entitled to receive monthly during the period of their natural life, out of the fund hereinafter created, an amount equal to one-half of the monthly salary they were receiving as a judge at the time of their retirement, or at the end of the term immediately prior to their retirement if their retirement is made after expiration of their term. The surviving spouse of any judge who shall have heretofore retired or may hereafter retire, or of a judge who was heretofore or may hereafter be eligible for retirement at the time of death, if the surviving spouse had been married to the judge for three years, if the surviving spouse had been married to the judge prior to retirement, shall be paid an amount equal to one-half of the retirement pay of the judge, as long as such surviving spouse remains unmarried. The retirement pay shall be paid monthly by the state treasurer on or before the tenth day of each month. The provisions of this section shall apply to the surviving spouse of any judge who dies while holding such office or dies after having retired under the provisions of this chapter and who at the time of death had served ten or more years in the aggregate as a judge of the supreme court, court of appeals, or superior court or any of such courts, or had served an aggregate of twelve years in the supreme court, court of appeals, or superior court if such pension rights are based upon RCW 2.12.012.
[ 1973 1st ex.s. c 154 s 1; 1971 c 30 s 5; 1961 c 286 s 3; 1957 c 243 s 1; 1951 c 79 s 1; 1945 c 19 s 1; 1937 c 229 s 3; RRS s 11054-3.]
Notes:
Severability—1973 1st ex.s. c 154: "If any provision of this 1973 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." [ 1973 1st ex.s. c 154 s 130.]
Construction—1971 c 30: See note following RCW 2.12.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Amount and time of payment—Surviving spouse's benefit.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 2.12.035

text:
The retirement pay or pension of any justice of the supreme or judge of any superior court of the state who was in office on August 6, 1965, and who retired prior to December 1, 1968, or who would have been eligible to retire at the time of death prior to December 1, 1968, shall be based, effective December 1, 1968, upon the annual salary which was being prescribed by the statute in effect for the office of justice of the supreme court or for the office of judge of the superior court, respectively, at the time of his or her retirement or at the end of the term immediately prior to his or her retirement if his or her retirement was made after expiration of his or her term or at the time of his or her death if he or she died prior to retirement. The widow's benefit for the widow of any such justice or judge as provided for in RCW 2.12.030 shall be based, effective December 1, 1968, upon such retirement pay.
[ 2011 c 336 s 33; 1971 c 81 s 7; 1969 ex.s. c 202 s 1.]

catchline: Retirement pay of certain justices or judges retiring prior to December 1, 1968—Widow's benefits.


title: RCW 2.12.037

text:
(1) "Index" for the purposes of this section, shall mean, for any calendar year, that year's annual average consumer price index for urban wage earners and clerical workers, all items (1957-1959 equal one hundred) compiled by the Bureau of Labor Statistics, United States Department of Labor;
(2) Effective July 1, 1970, every pension computed and payable under the provisions of RCW 2.12.030 to any retired judge or to his or her widow or widower which does not exceed four hundred fifty dollars per month shall be adjusted to that dollar amount which bears the ratio of its original dollar amount which is found to exist between the index for 1969 and the index for the calendar year prior to the effective retirement date of the person to whom, or on behalf of whom, such retirement allowance is being paid.
[ 2012 c 117 s 1; 1970 ex.s. c 96 s 1.]

catchline: Adjustment of pension of retired judges or widows or widowers.


title: RCW 2.12.040

text:
If any retired judge shall accept an appointment or an election to a judicial office, he or she shall be entitled to receive the full salary pertaining thereto, and his or her retirement pay under this chapter shall be suspended during such term of office and his or her salary then received shall be subject to contribution to the judges' retirement fund as provided in this chapter.
[ 2011 c 336 s 35; 1955 c 38 s 6; 1943 c 37 s 1; 1937 c 229 s 4; Rem. Supp. 1943 s 11054-4.]

catchline: Service after retirement.


title: RCW 2.12.045

text:
(1) Notwithstanding any provision of law to the contrary, effective July 1, 1979, no person receiving a monthly benefit pursuant to this chapter shall receive a monthly benefit of less than ten dollars per month for each year of service creditable to the person whose service is the basis of the retirement allowance. Portions of a year shall be treated as fractions of a year and the decimal equivalent shall be multiplied by ten dollars. Where the monthly benefit was adjusted at the time benefit payments to the beneficiary commenced, the minimum benefit provided in this section shall be adjusted in a manner consistent with that adjustment.
(2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the monthly benefit of each person who either is receiving benefits pursuant to RCW 2.12.020 or 2.12.030 as of December 31, 1978, or commenced receiving a monthly benefit under this chapter as of a date no later than July 1, 1974, shall be permanently increased by a postretirement adjustment. This adjustment shall be in lieu of any adjustments provided under RCW 2.12.037 as of July 1, 1979, or July 1, 1980, for the affected persons. Such adjustment shall be calculated as follows:
(a) Monthly benefits to which this subsection and subsection (1) of this section are both applicable shall be determined by first applying subsection (1) and then applying this subsection. The department shall determine the total years of creditable service and the total dollar benefit base accrued as of December 31, 1978, except that this determination shall take into account only those persons to whom this subsection applies;
(b) The department shall multiply the total benefits determined in (a) of this subsection by six percent and divide the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then be a postretirement increase factor which shall be applied as specified in (c) of this subsection;
(c) Each person to whom this subsection applies shall receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of creditable service.
[ 1979 ex.s. c 96 s 4.]

catchline: Minimum monthly benefit—Postretirement adjustment—Computation.


title: RCW 2.12.046

text:
Notwithstanding any provision of law to the contrary, effective July 1, 1983, the monthly benefit of each person who either is receiving benefits pursuant to RCW 2.12.020 or 2.12.030 as of December 31, 1982, or commenced receiving a monthly benefit under this chapter as of a date no later than July 1, 1978, shall be permanently increased by a postretirement adjustment of $.74 per month for each year of creditable service the judge established with the retirement system. Any fraction of a year of service shall be counted in the computation of the postretirement adjustment. This adjustment shall be in lieu of any adjustments provided under RCW 2.12.037 as of July 1, 1983, or July 1, 1984, for the affected persons.
[ 1983 1st ex.s. c 56 s 1.]
Notes:
Effective date—1983 1st ex.s. c 56: "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 July 1, 1983." [ 1983 1st ex.s. c 56 s 7.]


title: RCW 2.12.048

text:
If a judge who was a member of this system left the system before July 1, 1988, and neither the judge nor the judge's surviving spouse: (1) Was eligible at that time to receive a benefit under this chapter; or (2) has received an amount under a sundry claims appropriation from the state legislature intended as a refund of the judge's contributions paid under RCW 2.12.060; then the judge or the judge's surviving spouse may apply to the department for and receive a refund of such contributions.
[ 1991 c 159 s 2.]

catchline: Refund of certain contributions.


title: RCW 2.12.050

text:
There is hereby created a fund in the state treasury to be known as "The Judges' Retirement Fund" which shall consist of the moneys appropriated from the general fund in the state treasury, as hereinafter provided; the deductions from salaries of judges, as hereinafter provided, all gifts, donations, bequests and devises made for the benefit of said fund, and the rents, issues and profits thereof, or proceeds of sales of assets thereof. The state treasurer shall be treasurer, ex officio, of this fund. The treasurer shall be custodian of the moneys in said judges' retirement fund. The department of retirement systems shall receive all moneys payable into said fund and make disbursements therefrom as provided in this chapter. The department shall keep written permanent records showing all receipts and disbursements of said fund.
[ 1982 1st ex.s. c 52 s 4; 1977 c 75 s 1; 1977 c 18 s 1; 1967 c 28 s 1; 1959 c 192 s 1; 1937 c 229 s 5; RRS s 11054-5.]
Notes:
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.


title: RCW 2.12.060

text:
For the purpose of providing moneys in said judges' retirement fund, concurrent monthly deductions from judges' salaries and portions thereof payable from the state treasury and withdrawals from the general fund of the state treasury shall be made as follows: Six and one-half percent shall be deducted from the monthly salary of each justice of the supreme court, six and one-half percent shall be deducted from the monthly salary of each judge of the court of appeals, and six and one-half percent of the total salaries of each judge of the superior court shall be deducted from that portion of the salary of such justices or judges payable from the state treasury; and a sum equal to six and one-half percent of the combined salaries of the justices of the supreme court, the judges of the court of appeals, and the judges of the superior court shall be withdrawn from the general fund of the state treasury. In consideration of the contributions made by the judges and justices to the judges' retirement fund, the state hereby undertakes to guarantee the solvency of said fund and the legislature shall make biennial appropriations from the general fund of amounts sufficient to guarantee the making of retirement payments as herein provided for if the money in the judges' retirement fund shall become insufficient for that purpose, but such biennial appropriation may be conditioned that sums appropriated may not be expended unless the money in the judges' retirement fund shall become insufficient to meet the retirement payments. The deductions and withdrawals herein directed shall be made on or before the tenth day of each month and shall be based on the salaries of the next preceding calendar month. The administrator for the courts shall issue warrants payable to the treasurer to accomplish the deductions and withdrawals herein directed, and shall issue the monthly salary warrants of the judges and justices for the amount of salary payable from the state treasury after such deductions have been made. The treasurer shall cash the warrants made payable to him or her hereunder and place the proceeds thereof in the judges' retirement fund for disbursement as authorized in this chapter.
[ 2011 c 336 s 36; 1973 c 106 s 6; 1973 c 37 s 1. Prior: 1971 c 81 s 8; 1971 c 30 s 6; 1957 c 243 s 2; 1951 c 79 s 2; 1945 c 19 s 2; 1937 c 229 s 6; Rem. Supp. 1945 s 11054-6.]
Notes:
Construction—1971 c 30: See note following RCW 2.12.010.
Members' retirement contributions—Pick up by employer: RCW 41.04.445.


title: RCW 2.12.090

text:
(1) Except as provided in subsections (2), (3), (4), and (5) of this section, the right of any person to a retirement allowance or optional retirement allowance under the provisions of this chapter and all moneys and investments and income thereof are exempt from any state, county, municipal, or other local tax and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or the insolvency laws, or other processes of law whatsoever whether the same be in actual possession of the person or be deposited or loaned and shall be unassignable except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the department of retirement systems from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) a notice of payroll deduction issued under chapter 26.23 RCW, (c) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (d) a mandatory benefits assignment order issued pursuant to chapter 41.50 RCW, (e) a court order directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington.
(4) Deductions made in the past from retirement benefits are hereby expressly recognized, ratified, and affirmed. Future deductions may only be made in accordance with this section.
(5) Subsection (1) of this section does not exempt any pension or other benefit received under this chapter from tax under Title 82A RCW.
[ 2026 c 238 s 802; 2012 c 159 s 18; 1991 c 365 s 19; 1989 c 360 s 23; 1987 c 326 s 18; 1982 1st ex.s. c 52 s 32.]
Notes:
Findings—Intent—Effect of invalidation of 2026 c 238 s 201—Automatic expiration date and tax preference performance statement exemption—Necessity of act—Intent—Implementation by department of revenue—2026 c 238: See notes following RCW 82A.04.030.
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 326: See RCW 41.50.901.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.

catchline: Benefits exempt from taxation and judicial process—Exceptions—Deductions for group insurance premiums.


title: RCW 2.12.100

text:
Any member of the Washington public employees' retirement system who is eligible to participate in the judges' retirement system, may by written request filed with the director and custodian of the two systems respectively, transfer such membership to the judges' retirement system. Upon the receipt of such request, the director of the Washington public employees' retirement system shall transfer to the state treasurer (1) all employees' contributions and interest thereon belonging to such member in the employees' savings fund and all employers' contributions credited or attributed to such member in the benefit account fund and (2) a record of service credited to such member. One-half of such service but not in excess of twelve years shall be computed and credited to such member as though such service was performed as a member of the judges' retirement system. Upon such transfer being made the state treasurer shall deposit such moneys in the judges' retirement fund. In the event that any such member should terminate judicial service prior to his or her entitlement to retirement benefits under any of the provisions of chapter 2.12 RCW, he or she shall upon request therefor be repaid from the judges' retirement fund an amount equal to the amount of his or her employees' contributions to the Washington public employees' retirement system and interest plus interest thereon from the date of the transfer of such moneys: PROVIDED, HOWEVER, That this section shall not apply to any person who is retired as a judge as of February 20, 1970.
[ 2011 c 336 s 37; 1970 ex.s. c 96 s 2.]

catchline: Transfer of membership from Washington public employees' retirement system to judges' retirement system—Authorized—Procedure.


title: RCW 2.12.900

text:
Whenever words importing the masculine gender are used in the provisions of this chapter they may be extended to females also as provided in RCW 1.12.050 and whenever words importing the feminine gender are used in the provisions of this chapter they may be extended to males.
[ 1971 c 30 s 8.]

catchline: Construction—Gender.


title: RCW 2.12.901

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 7.]
Notes:
Effective dates—2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 2.14.010

text:
(1) The purpose of this chapter is to provide a supplemental retirement benefit to judges who are elected or appointed under chapter 2.04, 2.06, or 2.08 RCW and who are members of the public employees' retirement system for their service as a judge.
(2) This chapter may be known and cited as the judicial retirement account act.
[ 1988 c 109 s 12.]
Notes:
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Purpose.


title: RCW 2.14.020

text:
The definitions in this section apply throughout this chapter.
(1) "Plan" means the judicial retirement account plan.
(2) "Principal account" means the judicial retirement principal account.
(3) "Member" means a judge participating in the judicial retirement account plan.
(4) "Administrative account" means the judicial retirement administrative account.
(5) "Accumulated contributions" means the total amount contributed to a member's account under RCW 2.14.090 (1) and (2), together with any interest and earnings that have been credited to the member's account.
[ 1988 c 109 s 13.]
Notes:
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Definitions.


title: RCW 2.14.030

text:
The judicial retirement account plan is established for judges appointed or elected under chapter 2.04, 2.06, or 2.08 RCW and who are members of the public employees' retirement system for their service as a judge.
[ 1988 c 109 s 14.]
Notes:
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Judicial retirement account plan established.


title: RCW 2.14.040

text:
The administrator for the courts, under the direction of the board for judicial administration, shall administer the plan. The administrator shall:
(1) Deposit or invest contributions to the plan consistent with RCW 2.14.080;
(2) Credit investment earnings or interest to individual judicial retirement accounts consistent with RCW 2.14.070;
(3) Keep or cause to be kept full and adequate accounts and records of the assets, obligations, transactions, and affairs of any judicial retirement accounts created under this chapter; and
(4) Adopt rules necessary to carry out this chapter.
[ 1998 c 245 s 1; 1988 c 109 s 15.]
Notes:
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Administration of plan.


title: RCW 2.14.050

text:
The administrator for the courts shall be deemed to stand in a fiduciary relationship to the members participating in the plan and shall discharge his or her duties in good faith and with that diligence, care, and skill which ordinary prudent persons would exercise under similar circumstances in like positions.
[ 1988 c 109 s 16.]
Notes:
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Administrator—Discharge of duties.


title: RCW 2.14.060

text:
The judicial retirement principal account is created in the state treasury. Any deficiency in the judicial retirement administrative account caused by an excess of administrative expenses disbursed from that account over earnings of investments of balances credited to that account shall be transferred to that account from the principal account.
The contributions under *section 19 of this act shall be paid into the principal account and shall be sufficient to cover costs of administration and staffing in addition to such other amounts as determined by the administrator for the courts. The principal account shall be used to carry out the purposes of this chapter.
[ 1988 c 109 s 17.]
Notes:
*Reviser's note: The reference to section 19 of this act appears to be incorrect. Section 20 of the act, codified as RCW 2.14.090, was apparently intended.
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Judicial retirement principal account—Creation—Transfer of deficiencies—Contributions—Use.


title: RCW 2.14.070

text:
The judicial retirement administrative account is created in the state treasury. All expenses of the administrator for the courts under this chapter, including staffing and administrative expenses, shall be paid out of the administrative account. Any excess balance of this account over administrative expenses disbursed from this account shall be transferred to the principal account. Any deficiency in the administrative account caused by an excess of administrative expenses disbursed from this account over the excess balance of this account shall be transferred to this account from the principal account.
[ 1991 sp.s. c 13 s 70; 1988 c 109 s 18.]
Notes:
Effective dates—1991 sp.s. c 13: See notes following RCW 18.04.105.
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Judicial retirement administrative account—Creation—Use—Excess balance—Deficiencies.


title: RCW 2.14.080

text:
(1) The administrator for the courts shall:
(a) Deposit or invest the contributions under RCW 2.14.090 in a credit union, savings and loan association, bank, or mutual savings bank;
(b) Purchase life insurance, shares of an investment company, or fixed and/or variable annuity contracts from any insurance company or investment company licensed to contract business in this state; or
(c) Invest in any of the class of investments described in RCW 43.84.150.
(2) The state investment board or the department of retirement systems, at the request of the administrator for the courts, may invest moneys in the principal account. Moneys invested by the investment board shall be invested in accordance with RCW 43.84.150. Moneys invested by the department of retirement systems shall be invested in accordance with applicable law. Except as provided in RCW 43.33A.160 or as necessary to pay a pro rata share of expenses incurred by the department of retirement systems, one hundred percent of all earnings from these investments, exclusive of investment income pursuant to RCW 43.84.080, shall accrue directly to the principal account.
[ 1996 c 39 s 20; 1991 sp.s. c 13 s 103; 1989 c 139 s 3; 1988 c 109 s 19.]
Notes:
Effective dates—1996 c 39: See note following RCW 41.32.010.
Effective dates—1991 sp.s. c 13: See notes following RCW 18.04.105.
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Duties of administrator—Investments and earnings.


title: RCW 2.14.090

text:
The plan shall be funded as provided in this section.
(1) Two and one-half percent shall be deducted from each member's salary.
(2) The state, as employer, shall contribute an equal amount on a monthly basis.
(3) The contributions shall be collected by the administrator for the courts and deposited in the member's account within the principal account.
[ 1988 c 109 s 20.]
Notes:
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Funding of plan—Contributions.


title: RCW 2.14.100

text:
(1) A member who separates from judicial service for any reason is entitled to receive a lump sum distribution of the member's accumulated contributions. The administrator for the courts may adopt rules establishing other payment options, in addition to lump sum distributions, if the other payment options conform to the requirements of the federal internal revenue code.
(2) The right of a person to receive a payment under this chapter and the moneys in the accounts created under this chapter are exempt from any state, county, municipal, or other local tax and are not subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever and is not assignable, except as is otherwise specifically provided in this section.
(3) If a judgment, decree or other order, including a court-approved property settlement agreement, that relates to the provision of child support, spousal maintenance, or the marital property rights of a spouse or former spouse, child, or other dependent of a member is made pursuant to the domestic relations law of the state of Washington or such order issued by a court of competent jurisdiction in another state or country, that has been registered or otherwise made enforceable in this state, then the amount of the member's accumulated contributions shall be paid in the manner and to the person or persons so directed in the domestic relations order. However, this subsection does not permit or require a benefit to be paid or to be provided that is not otherwise available under the terms of this chapter or any rules adopted under this chapter. The administrator for the courts shall establish reasonable procedures for determining the status or any such decree or order and for effectuating distribution pursuant to the domestic relations order.
(4) The administrator for the courts may pay from a member's accumulated contributions the amount that the administrator finds is lawfully demanded under a levy issued by the internal revenue service with respect to that member or is sought to be collected by the United States government under a judgment resulting from an unpaid tax assessment against the member.
(5) Subsection (2) of this section does not exempt any payment or other benefit received under this chapter from tax under Title 82A RCW.
[ 2026 c 238 s 803; 2007 c 108 s 1; 1988 c 109 s 21.]
Notes:
Findings—Intent—Effect of invalidation of 2026 c 238 s 201—Automatic expiration date and tax preference performance statement exemption—Necessity of act—Intent—Implementation by department of revenue—2026 c 238: See notes following RCW 82A.04.030.
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Contributions—Distribution upon member's separation—Exemption from taxation and judicial process—Assignability—Exceptions.


title: RCW 2.14.110

text:
If a member dies, the amount of the accumulated contributions standing to the member's credit at the time of the member's death, subject to the provisions of chapter 26.16 RCW, shall be paid to the member's estate, or such person or persons, trust, or organization as the member has nominated by written designation duly executed and filed with the administrative office of the courts. If there is no such designated person or persons still living at the time of the member's death, the member's accumulated contributions shall be paid to the member's surviving spouse as if in fact the spouse had been nominated by written designation or, if there is no such surviving spouse, then to the member's legal representatives.
[ 2007 c 108 s 2; 2005 c 282 s 1; 1996 c 42 s 1; 1988 c 109 s 22.]
Notes:
Effective date—1988 c 109: See note following RCW 2.10.030.

catchline: Payment of contributions upon member's death.


title: RCW 2.14.115

text:
Beginning January 1, 2007, through December 31, 2007, any member of the public employees' retirement system eligible to participate in the judicial retirement account plan under this chapter may make a one-time irrevocable election, filed in writing with the member's employer, the department of retirement systems, and the administrative office of the courts, to discontinue future contributions to the judicial retirement account plan in lieu of prospective contribution and benefit provisions under chapter 189, Laws of 2006.
[ 2006 c 189 s 1.]
Notes:
Effective date—2006 c 189: "This act takes effect January 1, 2007." [ 2006 c 189 s 20.]

catchline: Discontinuing plan contributions—One-time irrevocable election.


title: RCW 2.14.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 8.]
Notes:
Effective dates—2009 c 521 ss 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.


title: RCW 2.16.010

text:
All the judges of the superior courts of the state of Washington are hereby associated under the name of the superior court judges' association of the state of Washington.
[ 2016 c 179 s 2; 1933 ex.s. c 58 s 1; RRS s 11051-1.]
Notes:
Findings—Purpose—2016 c 179: "The legislature finds and declares as follows:
(1) The legislature established the superior court judges' association statutorily in 1933, enacting what is now chapter 2.16 RCW. The purpose of this act is to render consistent the usage of the association's name, amending two sections to remove inconsistent uses of the association's name.
(2) For decades, the association has operated as the superior court judges' association. The association has been referred to by that name in numerous statutes, including: RCW 2.32.180 (which has used that name since 1957); RCW 2.56.150 (which has used that name since 1996); RCW 7.68.801 (which has used that name since 2013); RCW 9.94A.8673 (which has used that name since 2008); RCW 26.19.025 (which has used that name since 2007); RCW 70.96A.350 (which has used that name since 2002); and RCW 74.13.368 (which has used that name since 2009). In at least one instance in 2011, the association sued under the name superior court judges' association. Although the legislature initially used a variant of the name in its 1933 act and such a variation appears in one other statute, through long and regular usage, the association has come to be known as the superior court judges' association." [ 2016 c 179 s 1.]

catchline: Association created.


title: RCW 2.16.020

text:
The judges shall elect from their number a president, who shall be called president judge, and a secretary, who shall hold their offices from the date of one annual meeting of the association to the next.
[ 1955 c 38 s 7; 1933 ex.s. c 58 s 2; RRS s 11051-2.]

catchline: Officers.


title: RCW 2.16.040

text:
At its annual meetings, pursuant to section 24, Article IV of the state Constitution, the association shall have power to establish uniform rules for the government of the superior courts, which rules may be amended from time to time.
[ 1955 c 38 s 9; 1933 ex.s. c 58 s 4; RRS s 11051-4.]
Notes:
Rules of court: Cf. CR 83.
Rule-making power, supreme court: RCW 2.04.180 through 2.04.210.
Superior court rules: State Constitution Art. 4 s 24.
Uniform rules to be established: RCW 2.08.230.

catchline: Uniform court rules.


title: RCW 2.16.050

text:
The association shall meet annually at a time established by the association's governing board. At the meeting officers shall be chosen for the ensuing year, and other business transacted as may properly come before the association.
[ 1996 c 82 s 1; 1955 c 38 s 10; 1933 ex.s. c 58 s 5; RRS s 11051-5.]

catchline: Annual meeting.


title: RCW 2.16.070

text:
Except for the provisions of *RCW 2.16.060, this chapter shall not be held to repeal any other existing law relating to the visitation of judges.
[ 1933 ex.s. c 58 s 7; RRS s 11051-7.]
Notes:
*Reviser's note: RCW 2.16.060 was repealed by 1973 c 106 s 40.

catchline: Effect of chapter on existing laws.


title: RCW 2.20.010

text:
A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.
[ 1891 c 53 s 1; RRS s 50.]

catchline: Magistrate defined.


title: RCW 2.20.020

text:
The following persons are magistrates:
(1) The justices of the supreme court.
(2) The judges of the court of appeals.
(3) The superior judges, and district judges.
(4) All municipal officers authorized to exercise the powers and perform the duties of district judges.
[ 1987 c 202 s 103; 1971 c 81 s 9; 1891 c 53 s 2; RRS s 51.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Who are magistrates.


title: RCW 2.20.030

text:
Any district or municipal court judge, in the county in which the offense is alleged to have occurred, may issue a search warrant for any person or evidence located anywhere within the state. If the jurisdiction of a district or municipal court encompasses all or part of more than one county, a judge for that district or municipal court may issue a search warrant for any person or evidence located anywhere within the state as long as the county in which the offense is alleged to have occurred is one of the counties encompassed within that court's jurisdiction.
[ 2018 c 50 s 1; 2014 c 93 s 2.]
Notes:
Finding—Intent—2014 c 93: "The legislature finds that recent decisions of the United States supreme court and the Washington state supreme court require law enforcement to obtain the review of a neutral and disinterested magistrate and the issuance of a search warrant more frequently before proceeding with a criminal investigation. The legislature intends to accommodate this requirement by creating effective and timely access to magistrates for purposes of reviewing search warrant applications across the state of Washington. This act does not change the legal standards for issuing a search warrant or the legal standards for review of an issued search warrant." [ 2014 c 93 s 1.]

catchline: Issuance of search warrants by district and municipal court judges—Jurisdiction in more than one county.


title: RCW 2.24.010

text:
(1) There may be appointed in each county or judicial district, by the judges of the superior court having jurisdiction therein or a presiding judge pro tempore who is fulfilling presiding judge duties for a single judge court pursuant to RCW 2.08.120(2), one or more court commissioners for said county or judicial district. Each such commissioner shall be a citizen of the United States and shall hold the office during the pleasure of the judges making the appointment.
(2)(a) There may be appointed in counties with a population of more than four hundred thousand, by the presiding judge of the superior court having jurisdiction therein, one or more attorneys to act as criminal commissioners to assist the superior court in disposing of adult criminal cases. Such criminal commissioners shall have power, authority, and jurisdiction, concurrent with the superior court and the judges thereof, in adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.6333 or 9.94B.040; accept pleas if authorized by local court rules; appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances; accept waivers of the right to speedy trial; and authorize and issue search warrants and orders to intercept, monitor, or record wired or wireless telecommunications or for the installation of electronic taps or other devices to include, but not be limited to, vehicle global positioning system or other mobile tracking devices with all the powers conferred upon the judge of the superior court in such matters.
(b) Criminal commissioners shall also have the authority to conduct resentencing hearings and to vacate convictions related to State v. Blake, No. 96873-0 (Feb. 25, 2021). Criminal commissioners may be appointed for this purpose regardless of the population of the county served by the appointing court.
(c) The county legislative authority must approve the creation of criminal commissioner positions.
[ 2022 c 74 s 4; 2021 c 311 s 17; 2013 c 27 s 3; 2009 c 140 s 1; 1990 c 191 s 1; 1979 ex.s. c 54 s 1; 1967 ex.s. c 87 s 1; 1961 c 42 s 1; 1909 c 124 s 1; RRS s 83. Prior: 1895 c 83 s 1.]
Notes:
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.

catchline: Appointment of court commissioners, criminal commissioners—Qualifications—Term of office.


title: RCW 2.24.020

text:
Court commissioners appointed hereunder shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the state of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability.
[ 2011 c 336 s 38; 1909 c 124 s 5; RRS s 88.]

catchline: Oath.


title: RCW 2.24.030

text:
Each court commissioner appointed hereunder shall be allowed a salary, in addition to the fees herein provided for, in such sum as the board of county commissioners may designate, said salary to be paid at the time and in the manner as the salary of other county officials.
[ 1909 c 124 s 4; RRS s 87. Prior: 1895 c 83 s 3.]

catchline: Salary.


title: RCW 2.24.040

text:
Such court commissioner shall have power, authority, and jurisdiction, concurrent with the superior court and the judge thereof, in the following particulars:
(1) To hear and determine all matters in probate, to make and issue all proper orders therein, and to issue citations in all cases where same are authorized by the probate statutes of this state.
(2) To grant and enter defaults and enter judgment thereon.
(3) To issue temporary restraining orders and temporary injunctions, and to fix and approve bonds thereon.
(4) To act as referee in all matters and actions referred to him or her by the superior court as such, with all the powers now conferred upon referees by law.
(5) To hear and determine all proceedings supplemental to execution, with all the powers conferred upon the judge of the superior court in such matters.
(6) To hear and determine all petitions for the adoption of children and for the dissolution of incorporations.
(7) To hear and determine all applications for the commitment of any person to the hospital for the insane, with all the powers of the superior court in such matters: PROVIDED, That in cases where a jury is demanded, same shall be referred to the superior court for trial.
(8) To hear and determine all complaints for the commitments of minors with all powers conferred upon the superior court in such matters.
(9) To hear and determine ex parte and uncontested civil matters of any nature.
(10) To grant adjournments, administer oaths, preserve order, compel attendance of witnesses, and to punish for contempts in the refusal to obey or the neglect of the court commissioner's lawful orders made in any matter before the court commissioner as fully as the judge of the superior court.
(11) To take acknowledgments and proofs of deeds, mortgages and all other instruments requiring acknowledgment under the laws of this state, and to take affidavits and depositions in all cases.
(12) To provide an official seal, upon which shall be engraved the words "Court Commissioner," and the name of the county for which he or she may be appointed, and to authenticate his official acts therewith in all cases where same is necessary.
(13) To charge and collect, for his or her own use, the same fees for the official performance of official acts mentioned in subsections (4) and (11) of this section as are provided by law for referees and notaries public.
(14) To hear and determine small claims appeals as provided in chapter 12.36 RCW.
(15) In adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.6333 or 9.94B.040; accept pleas if authorized by local court rules; appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances; accept waivers of the right to speedy trial; and conduct resentencing hearings and hearings to vacate convictions related to State v. Blake, No. 96873-0 (Feb. 25, 2021).
[ 2021 c 311 s 18; 2009 c 28 s 1; 2000 c 73 s 1; 1997 c 352 s 14; 1991 c 33 s 6; 1979 ex.s. c 54 s 2; 1963 c 188 s 1; 1909 c 124 s 2; RRS s 85. Prior: 1895 c 83 s 2.]
Notes:
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Effective date—2009 c 28: "This act takes effect August 1, 2009." [ 2009 c 28 s 43.]
Effective date—1991 c 33: See note following RCW 3.66.020.
Powers of commissioner under juvenile court act: RCW 13.04.030.

catchline: Powers—Fees.


title: RCW 2.24.050

text:
All of the acts and proceedings of court commissioners hereunder shall be subject to revision by the superior court. Any party in interest may have such revision upon demand made by written motion, filed with the clerk of the superior court, within ten days after the entry of any order or judgment of the court commissioner. Such revision shall be upon the records of the case, and the findings of fact and conclusions of law entered by the court commissioner, and unless a demand for revision is made within ten days from the entry of the order or judgment of the court commissioner, the orders and judgments shall be and become the orders and judgments of the superior court, and appellate review thereof may be sought in the same fashion as review of like orders and judgments entered by the judge.
[ 1988 c 202 s 1; 1971 c 81 s 10; 1909 c 124 s 3; RRS s 86.]
Notes:
Severability—1988 c 202: "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 202 s 97.]

catchline: Revision by court.


title: RCW 2.24.060

text:
A referee is a person appointed by the court or judicial officer with power—
(1) To try an issue of law or of fact in a civil action or proceeding and report thereon.
(2) To ascertain any other fact in a civil action or proceeding when necessary for the information of the court, and report the fact or to take and report the evidence in an action.
(3) To execute an order, judgment or decree or to exercise any other power or perform any other duty expressly authorized by law.
[ 1891 c 25 s 1; RRS s 82.]
Notes:
Referee asking or receiving unlawful compensation: RCW 9A.68.020, 9A.68.030.
Supplemental proceedings: Chapter 6.32 RCW.
Trial before referee: Chapter 4.48 RCW.

catchline: Referees—Definition—Powers.


title: RCW 2.28.010

text:
Every court of justice has power—(1) To preserve and enforce order in its immediate presence. (2) To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation under its authority. (3) To provide for the orderly conduct of proceedings before it or its officers. (4) To compel obedience to its judgments, decrees, orders and process, and to the orders of a judge out of court, in an action, suit or proceeding pending therein. (5) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto. (6) To compel the attendance of persons to testify in an action, suit or proceeding therein, in the cases and manner provided by law. (7) To administer oaths in an action, suit or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties.
[ 1955 c 38 s 12; 1909 c 124 s 2; RRS s 85.]
Notes:
Compelling attendance of witnesses: Chapter 5.56 RCW.
Oaths, who may administer: RCW 5.28.010.

catchline: Powers of courts in conduct of judicial proceedings.


title: RCW 2.28.020

text:
For the effectual exercise of the powers specified in RCW 2.28.010, the court may punish for contempt in the cases and the manner provided by law.
[ 1891 c 54 s 2; RRS s 53.]
Notes:
Rules of court: CR 45(f).
Contempts: Chapter 7.21 RCW.
Criminal contempts: Chapter 7.21 RCW, RCW 9.92.040.
Power of judicial officer to punish for contempt: RCW 2.28.060, 2.28.070.
Witnesses, failure to attend as contempt: RCW 5.56.061 through 5.56.080.

catchline: Contempt—Punishment.


title: RCW 2.28.030

text:
A judicial officer is a person authorized to act as a judge in a court of justice. Such officer shall not act as such in a court of which he or she is a member in any of the following cases:
(1) In an action, suit, or proceeding to which he or she is a party, or in which he or she is directly interested.
(2) When he or she was not present and sitting as a member of the court at the hearing of a matter submitted for its decision.
(3) When he or she is related to either party by consanguinity or affinity within the third degree. The degree shall be ascertained and computed by ascending from the judge to the common ancestor and descending to the party, counting a degree for each person in both lines, including the judge and party and excluding the common ancestor.
(4) When he or she has been attorney in the action, suit, or proceeding in question for either party; but this section does not apply to an application to change the place of trial, or the regulation of the order of business in court.
In the cases specified in subsections (3) and (4) of this section, the disqualification may be waived by the parties, and except in the supreme court and the court of appeals shall be deemed to be waived unless an application for a change of the place of trial be made as provided by law.
[ 2011 c 336 s 39; 1971 c 81 s 11; 1895 c 39 s 1; 1891 c 54 s 3; RRS s 54.]

catchline: Judicial officer defined—When disqualified.


title: RCW 2.28.040

text:
A part-time district judge, if permitted by court rule, may act as an attorney in any court other than the one of which he or she is judge, except in an action, suit or proceeding removed therefrom to another court for review.
[ 1987 c 202 s 104; 1891 c 54 s 4; RRS s 55. Cf. Code 1881 s 3293.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Judge may not practice law: State Constitution Art. 4 s 19.

catchline: May act as attorney, when.


title: RCW 2.28.050

text:
A judge may exercise out of court all the powers expressly conferred upon a judge as contradistinguished from a court and not otherwise.
[ 1891 c 54 s 5; RRS s 56.]

catchline: Judge distinguished from court.


title: RCW 2.28.060

text:
Every judicial officer has power:
(1) To preserve and enforce order in his or her immediate presence and in the proceedings before him or her, when he or she is engaged in the performance of a duty imposed upon him or her by law;
(2) To compel obedience to his or her lawful orders as provided by law;
(3) To compel the attendance of persons to testify in a proceeding pending before him or her, in the cases and manner provided by law;
(4) To administer oaths to persons in a proceeding pending before him or her, and in all other cases where it may be necessary in the exercise of his or her powers and the performance of his or her duties.
[ 2011 c 336 s 40; 1955 c 38 s 13; 1891 c 54 s 6; RRS s 57.]
Notes:
Compelling attendance of witnesses: Chapter 5.56 RCW.
Oaths, who may administer: RCW 5.28.010.

catchline: Judicial officers—Powers.


title: RCW 2.28.070

text:
For the effectual exercise of the powers specified in RCW 2.28.060, a judicial officer may punish for contempt in the cases and manner provided by law.
[ 1891 c 54 s 7; RRS s 58.]
Notes:
Rules of court: CR 45(f).
Contempts: Chapter 7.21 RCW.
Criminal contempts: Chapter 7.21 RCW, RCW 9.92.040.
Power of court to punish for contempt: RCW 2.28.020.
Witnesses, failure to attend as contempt: RCW 5.56.061 through 5.56.080.

catchline: Contempt—Judicial officer may punish.


title: RCW 2.28.080

text:
The judges of the supreme and superior courts have power in any part of the state to take and certify—
(1) The proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged.
(2) The acknowledgment of satisfaction of a judgment in any court.
(3) An affidavit or deposition to be used in any court of justice or other tribunal of this state.
(4) To exercise any other power and perform any other duty conferred or imposed upon them by statute.
[ 1891 c 54 s 8; RRS s 59.]
Notes:
Who may take acknowledgments: RCW 64.08.010.

catchline: Powers of judges of supreme and superior courts.


title: RCW 2.28.090

text:
Every other judicial officer may, within the county, city, district, or precinct in which he or she is chosen:
(1) Exercise the powers mentioned in RCW 2.28.080 (1) through (3);
(2) Exercise any other power and perform any other duty conferred or imposed upon him or her by other statute.
[ 2011 c 336 s 41; 1891 c 54 s 9; RRS s 60.]

catchline: Powers of inferior judicial officers.


title: RCW 2.28.100

text:
No court shall be open, nor shall any judicial business be transacted, on a legal holiday, except:
(1) To give, upon their request, instructions to a jury when deliberating on their verdict;
(2) To receive the verdict of a jury;
(3) For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature;
(4) For hearing applications for and issuing writs of habeas corpus, injunction, prohibition, and attachment;
(5) For the issuance of any process or subpoena not requiring immediate judicial or court action, and the service thereof.
The governor, in declaring any legal holiday, in his or her discretion, may provide in his or her proclamation that such holiday shall not be applicable to the courts of or within the state.
[ 2011 c 336 s 42; 1986 c 219 s 1; 1933 c 54 s 1; 1927 c 51 s 2; RRS s 64. Prior: 1891 c 41 s 2; Code 1881 s 1267.]
Notes:
Courts to be open except on nonjudicial days: State Constitution Art. 4 s 6 (Amendment 28).
Legal holidays: RCW 1.16.050.

catchline: Legal holidays—No court—Exceptions.


title: RCW 2.28.110

text:
If any legal holiday happens to be a day appointed for the sitting of a court or to which it is adjourned, such sitting shall be deemed appointed for or adjourned to the next day which is not a legal holiday.
[ 1927 c 51 s 3; RRS s 65. Prior: 1891 c 41 s 3.]

catchline: Legal holiday—Sitting deemed adjourned.


title: RCW 2.28.120

text:
A court or judicial officer has power to adjourn any proceeding before it or him or her from time to time, as may be necessary, unless otherwise expressly provided by law.
[ 2011 c 336 s 43; 1891 c 54 s 10; RRS s 66.]

catchline: Proceedings may be adjourned from time to time.


title: RCW 2.28.130

text:
No proceeding in a court of justice in any action, suit, or proceeding pending therein, is affected by a vacancy in the office of any or all of the judges, or by the failure of a session of the court.
[ 1891 c 49 s 2; RRS s 67.]
Notes:
Rules of court: Section superseded by CR 6(c). See comment by court after CR 6(c).

catchline: Proceeding not to fail for want of judge or session of court.


title: RCW 2.28.139

text:
The county in which the court is held shall furnish the courthouse, a jail or suitable place for confining prisoners, books for record, stationery, lights, wood, attendance, and other incidental expenses of the courthouse and court which are not paid by the United States.
[Code 1881 s 2111; 1869 p 421 s 10; 1863 p 425 s 11; RRS s 4034.]

catchline: County to furnish courthouse.


title: RCW 2.28.140

text:
If the proper authority neglects to provide any superior court with rooms, furniture, fuel, lights and stationery suitable and sufficient for the transaction of its business and for the jury attending upon it, if there be one, the court may order the sheriff to do so, at the place within the county designated by law for holding such court; and the expense incurred by the sheriff in carrying such order into effect, when ascertained and ordered to be paid by the court, is a charge upon the county.
[ 1955 c 38 s 14; 1891 c 54 s 11; RRS s 68.]

catchline: Court rooms.


title: RCW 2.28.141

text:
Until proper buildings are erected at a place fixed upon for the seat of justice in any county, it shall be the duty of the county commissioners to provide some suitable place for holding the courts of such county.
[Code 1881 s 2688; 1854 p 423 s 23; RRS s 4035.]

catchline: County commissioners to provide temporary quarters.


title: RCW 2.28.150

text:
When jurisdiction is, by the Constitution of this state, or by statute, conferred on a court or judicial officer all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding is not specifically pointed out by statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of the laws.
[ 1955 c 38 s 15; 1891 c 54 s 12; RRS s 69.]

catchline: Implied powers—Proceeding when mode not prescribed.


title: RCW 2.28.160

text:
Whenever a judge serves as a judge pro tempore the payments for subsistence, lodging, and compensation pursuant to RCW 2.04.250 and 2.06.160 as now or hereafter amended shall be paid only for time actually spent away from the usual residence and abode of such pro tempore judge and only for time actually devoted to sitting on cases heard by such pro tempore judge and for time actually spent in research and preparation of a written opinion prepared and delivered by such pro tempore judge; which time spent shall be evidenced by an affidavit of such judge to be submitted by him or her to the court from which he or she is entitled to receive subsistence, lodging, and compensation for his or her services pursuant to RCW 2.04.250 and 2.06.160 as now or hereafter amended.
[ 2011 c 336 s 44; 1975-'76 2nd ex.s. c 34 s 2.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Judge pro tempore—Compensation—Reimbursement for subsistence, lodging and travel expenses—Affidavit to court.


title: RCW 2.28.200

text:
(1) Signage shall be posted notifying the public of the possible enhanced penalties under chapter 256, Laws of 2013.
(2) The signage shall be prominently displayed at any public entrance to a courtroom.
(3) The administrative office of the courts shall develop a standard signage form notifying the public of the possible enhanced penalties under chapter 256, Laws of 2013.
[ 2013 c 256 s 3.]

catchline: Signage concerning assaults in court facilities during court proceedings.


title: RCW 2.28.210

text:
(1) Before granting an order under any of the following titles of the laws of the state of Washington, the court may consult the judicial information system or any related databases, if available, to determine criminal history or the pendency of other proceedings involving the parties:
(a) Granting any temporary or final order establishing a parenting plan or residential schedule or directing residential placement of a child or restraining or limiting a party's contact with a child under Title 26 RCW;
(b) Granting any order regarding a vulnerable child or adult or alleged incapacitated person irrespective of the title or where contained in the laws of the state of Washington;
(c) Granting letters of guardianship or administration or letters testamentary under Title 11 RCW;
(d) Granting any relief under Title 71 RCW;
(e) Granting any relief in a juvenile proceeding under Title 13 RCW; or
(f) Granting any order of protection, temporary order of protection, or criminal no-contact order under chapter 7.105, 9A.46, 10.99, or 26.52 RCW.
(2) In the event that the court consults such a database, the court shall disclose that fact to the parties and shall disclose any particular matters relied upon by the court in rendering the decision. Upon request of a party, a copy of the document relied upon must be filed, as a confidential document, within the court file, with any confidential contact information such as addresses, phone numbers, or other information that might disclose the location or whereabouts of any person redacted from the document or documents.
[ 2021 c 215 s 88; 2016 c 89 s 1; 2015 c 140 s 1.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.

catchline: Court consultation of judicial information system—Disclosure to parties.


title: RCW 2.28.300

text:
The definitions in this section apply throughout this section and RCW 2.28.310 through 2.28.330 unless the context clearly requires otherwise.
(1) "Civil arrest" means the arrest of a person for an alleged violation of civil law. It is not an arrest for an alleged violation of criminal law, or for contempt of the court in which the court proceeding is taking place or will be taking place.
(2) "Court facility" means any building or space occupied or used by a court of this state, and adjacent property, including but not limited to adjacent sidewalks, all parking areas, grassy areas, plazas, court-related offices, commercial and governmental spaces within court building property, and entrances and exits from said building or space.
(3) "Court order" means a directive issued by a judge or magistrate under the authority of Article III of the United States Constitution or Article IV of the state Constitution. A "court order" includes but is not limited to warrants and subpoenas.
(4) "Court security personnel" means law enforcement agencies and officers assigned to protect court facilities or to transport in-custody individuals to and from court proceedings and private agents contracted to provide security at court facilities.
(5) "Court staff" means any municipal, county, or state employees or contractors assigned to perform duties in court facilities, including but not limited to probation officers, court security personnel, court clerks, court administrators, interpreters, court facilitators, and bailiffs.
(6) "Federal immigration authority" means any officer, employee, or person otherwise paid by or acting as an agent of the United States department of homeland security including but not limited to its subagencies, immigration and customs enforcement, and customs and border protection, and any present or future divisions thereof, charged with immigration enforcement.
(7) "Immigration or citizenship status" means as such status has been established to such individual under the immigration and nationality act.
(8) "Judge" includes justices of the supreme court, judges of the court of appeals, judges of the superior courts, judges of any court organized under Title 3 or 35 RCW, judges pro tempore, court commissioners, and magistrates.
(9) "Law enforcement action" includes but is not limited to observation of court proceedings, investigation, questioning, and arrests by law enforcement agents acting in their official capacity.
(10) "Nonpublicly available personal information" includes one or more of the following, when the information is linked with or is reasonably linkable, including via analytic technology, to the person's first name or first initial and last name: Location, home address, work address, place of birth, telephone number, social security number, driver's license number or Washington identification card number, electronic mail address, social media handle or other identifying social media information, and any other means of contacting the person.
(11) "Prosecutor" means a county prosecuting attorney, a city attorney, or the attorney general.
(12)(a) "State law enforcement agency" means any agency of the state of Washington that:
(i) Is a general authority Washington law enforcement agency as defined in RCW 10.93.020;
(ii) Is authorized to operate prisons or to maintain custody of individuals in prisons; or
(iii) Is authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities.
(b) "State law enforcement agency" does not include any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state.
[ 2020 c 37 s 2.]
Notes:
Findings—2020 c 37: "(1) The legislature finds that civil arrests in and around Washington's court facilities impede the fundamental mission of Washington's courts, which is to ensure due process and access to justice for everyone. The United States supreme court has recognized that "the unhindered and untrammeled functioning of our courts is part of the very foundation of our constitutional democracy," and that a state may therefore adopt measures necessary and appropriate to safeguarding the administration of justice by its courts. Cox v. Louisiana, 379 U.S. 559, 562 (1965). People access courts for many reasons, including to obtain domestic violence and sexual assault protection orders, obtain child support orders, seek back wages, pay traffic fines, apply for permits, answer and defend against criminal charges, answer and defend against eviction actions, testify in civil and criminal proceedings, and get married. The administration of justice depends upon all people having free and full access to the courts.
(2) The legislature further finds that civil arrests at Washington court facilities have created a climate of fear that is deterring and preventing Washington residents from safely interacting with the justice system. Victims cannot seek protection, families cannot enter into custody agreements, and those charged with crimes cannot mount a proper defense or be held accountable. Courts and lawyers cannot deliver the promise of equal access to justice and due process under law to community members who are precluded from accessing the courts. Therefore, it is essential that the state have policies providing safeguards protecting access to justice.
(3) The legislature further finds that it is imperative that all members of our community feel safe coming to, remaining at, and returning from Washington's courts. The United States supreme court has acknowledged that a state has "the power to preserve the property under its control for the use to which it is lawfully dedicated," and that "[t]here is little doubt that in some circumstances the Government may ban the entry on to public property that is not a 'public forum' of all persons except those who have legitimate business on the premises." United States v. Grace, 461 U.S. 171, 178 (1983). Accordingly, Washington may regulate entry and access to the courts, and activity on courthouse premises and environs, that threatens the fair and nondiscriminatory administration of justice or the openness of courts. Additionally, the United States supreme court and the Washington supreme court have long recognized privileges against civil arrests for those attending court. In recognition of the harmful impacts of civil arrests in and around Washington courts, the legislature has a substantial and compelling interest in ensuring the courts in the state of Washington remain places where the rights and dignity of all residents are maintained and there is access to justice for all." [ 2020 c 37 s 1.]
Short title—2020 c 37: "This act may be known and cited as the courts open to all act." [ 2020 c 37 s 10.]

catchline: Definitions—Immigration enforcement and civil arrests.


title: RCW 2.28.310

text:
(1) Judges, court staff, court security personnel, prosecutors, and personnel of the prosecutor's office:
(a) Shall not inquire into or collect information about an individual's immigration or citizenship status, or place of birth, unless there is a connection between such information and an investigation into a violation of state or local criminal law; provided that a judge may make such inquiries as are necessary to adjudicate matters within their jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any information regarding immigration status as it deems appropriate to protect the liberty interests of victims, the accused, civil litigants, witnesses, and those who have accompanied victims to a court facility; and
(b) Shall not otherwise provide nonpublicly available personal information about an individual, including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702, to federal immigration authorities for the purpose of civil immigration enforcement, nor notify federal immigration authorities of the presence of individuals attending proceedings or accessing court services in court facilities, unless required by federal law or court order.
(2) RCW 2.28.300 through 2.28.330 do not limit or prohibit any state or local agency or officer from:
(a) Sending to, or receiving from, federal immigration authorities the citizenship or immigration status of a person, or maintaining such information, or exchanging the citizenship or immigration status of an individual with any other federal, state, or local government agency, in accordance with 8 U.S.C. Sec. 1373; or
(b) Complying with any other state or federal law.
[ 2020 c 37 s 3.]
Notes:
Findings—Short title—2020 c 37: See notes following RCW 2.28.300.

catchline: Immigration and citizenship information—Federal immigration authorities.


title: RCW 2.28.320

text:
(1) The governmental entity responsible for the security of a court facility, using the form described in subsection (2) of this section, shall collect the name of the law enforcement officer, agency, date, time, specific law enforcement purpose, and the proposed law enforcement action to be taken by all on-duty state and federal law enforcement officers, including plain-clothed officers, entering court facilities, unless such officer's purpose is to participate in a case or proceeding before the court. Completed forms must be immediately transmitted to the appropriate court staff. Information collected must not include personal identifying information concerning the individuals who were the target of the law enforcement action, and to the extent such individuals are identified, they must be identified by the initials of their first and last names. Completed forms must be transmitted to the administrative office of the courts on a monthly basis.
(2) The administrative office of the court [courts] shall develop a standard form to collect the information in subsection (1) of this section. The form must be developed no later than July 1, 2020. The administrative office of the courts shall publish a quarterly report of the information collected in subsection (1) of this section beginning October 1, 2020.
(3) Designated court staff must be notified without delay if a law enforcement agent covered by this section is present in the court facility with the intent of conducting a civil arrest.
[ 2020 c 37 s 4.]
Notes:
Findings—Short title—2020 c 37: See notes following RCW 2.28.300.

catchline: Law enforcement actions in court facilities—Completion of information form—Notice to court staff.


title: RCW 2.28.330

text:
(1) No person is subject to civil arrest while going to, remaining at, or returning from, a court facility, except:
(a) Where such arrest is pursuant to a court order authorizing the arrest;
(b) When necessary to secure the immediate safety of judges, court staff, or the public; or
(c) Where circumstances otherwise permit warrantless arrest pursuant to RCW 10.31.100.
(2) For purposes of this section, "going to" and "returning from" includes the area within one mile of the court facility.
(3) Prior to any civil arrest in or on a court facility authorized by subsection (1)(a) of this section, a designated judicial officer shall review a court order authorizing any civil arrest to confirm compliance with subsection (1)(a) of this section.
(4) Nothing in this section narrows, or in any way lessens, any common law or other right or privilege of a person privileged from arrest pursuant to RCW 2.28.300 through 2.28.320 or otherwise.
[ 2020 c 37 s 5.]
Notes:
Findings—Short title—2020 c 37: See notes following RCW 2.28.300.

catchline: Privilege from civil arrest—Court facilities.


title: RCW 2.28.340

text:
RCW 2.28.300 through 2.28.330 apply to the following courts: The supreme court, the courts of appeal, the superior courts, and to the courts of limited jurisdiction of this state, including district and municipal courts.
[ 2020 c 37 s 6.]
Notes:
Findings—Short title—2020 c 37: See notes following RCW 2.28.300.

catchline: Applicability of courts open to all act.


title: RCW 2.30.010

text:
(1) The legislature finds that judges in the trial courts throughout the state effectively utilize what are known as therapeutic courts to remove a defendant's or respondent's case from the criminal and civil court traditional trial track and allow those defendants or respondents the opportunity to obtain treatment services to address particular issues that may have contributed to the conduct that led to their arrest or other issues before the court. Trial courts have proved adept at creative approaches in fashioning a wide variety of therapeutic courts addressing the spectrum of social issues that can contribute to criminal activity and engagement with the child welfare system.
(2) The legislature further finds that by focusing on the specific individual's needs, providing treatment for the issues presented, and ensuring rapid and appropriate accountability for program violations, therapeutic courts may decrease recidivism, improve the safety of the community, and improve the life of the program participant and the lives of the participant's family members by decreasing the severity and frequency of the specific behavior addressed by the therapeutic court.
(3) The legislature recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish therapeutic courts, and the outstanding contribution to the state and local communities made by the establishment of therapeutic courts and desires to provide a general provision in statute acknowledging and encouraging the judiciary to provide for therapeutic court programs to address the particular needs within a given judicial jurisdiction.
(4) Therapeutic court programs may include, but are not limited to:
(a) Adult drug court;
(b) Juvenile drug court;
(c) Family dependency treatment court or family drug court;
(d) Mental health court, which may include participants with developmental disabilities;
(e) DUI court;
(f) Veterans treatment court;
(g) Truancy court;
(h) Domestic violence court;
(i) Gambling court;
(j) Community court;
(k) Homeless court;
(l) Treatment, responsibility, and accountability on campus (Back on TRAC) court.
[ 2015 c 291 s 1.]
Notes:
Conflict with federal requirements—2015 c 291: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2015 c 291 s 14.]

catchline: Findings—Scope of therapeutic court programs.


title: RCW 2.30.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Emerging best practice" or "promising practice" means a program or practice that, based on statistical analyses or a well- established theory of change, shows potential for meeting the evidence-based or research-based criteria, which may include the use of a program that is evidence-based for outcomes other than those listed in this section.
(2) "Evidence-based" means a program or practice that: (a) Has been tested in heterogeneous or intended populations with multiple randomized, or statistically controlled evaluations, or both; or one large multiple site randomized, or statistically controlled evaluation, or both, where the weight of the evidence from a systemic review demonstrates sustained improvements in at least one outcome; or (b) may be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial.
(3) "Government authority" means prosecutor or other representative initiating action leading to a proceeding in therapeutic court.
(4) "Participant" means an accused person, offender, or respondent in the judicial proceeding.
(5) "Research-based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in this subsection but does not meet the full criteria for evidence-based.
(6) "Specialty court" and "therapeutic court" both mean a court utilizing a program or programs structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and neglect, out-of-home placements of children, termination of parental rights, and substance abuse and mental health symptoms among parents or guardians and their children through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives.
(7) "Therapeutic court personnel" means the staff of a therapeutic court including, but not limited to: Court and clerk personnel with therapeutic court duties, prosecuting attorneys, the attorney general or his or her representatives, defense counsel, monitoring personnel, and others acting within the scope of therapeutic court duties.
(8) "Trial court" means a superior court authorized under this title or a district or municipal court authorized under Title 3 or 35 RCW.
[ 2018 c 201 s 9001; 2015 c 291 s 2.]
Notes:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.

catchline: Definitions.


title: RCW 2.30.030

text:
(1) Every trial and juvenile court in the state of Washington is authorized and encouraged to establish and operate therapeutic courts. Therapeutic courts, in conjunction with the government authority and subject matter experts specific to the focus of the therapeutic court, develop and process cases in ways that depart from traditional judicial processes to allow defendants or respondents the opportunity to obtain treatment services to address particular issues that may have contributed to the conduct that led to their arrest or involvement in the child welfare system in exchange for resolution of the case or charges. In criminal cases, the consent of the prosecutor is required.
(2) While a therapeutic court judge retains the discretion to decline to accept a case into the therapeutic court, and while a therapeutic court retains discretion to establish processes and determine eligibility for admission to the therapeutic court process unique to their community and jurisdiction, the effectiveness and credibility of any therapeutic court will be enhanced when the court implements evidence-based practices, research-based practices, emerging best practices, or promising practices that have been identified and accepted at the state and national levels. Promising practices, emerging best practices, and/or research-based programs are authorized where determined by the court to be appropriate. As practices evolve, the trial court shall regularly assess the effectiveness of its program and the methods by which it implements and adopts new best practices.
(3) Except under special findings by the court, the following individuals are not eligible for participation in therapeutic courts:
(a) Individuals who are currently charged or who have been previously convicted of a serious violent offense or sex offense as defined in RCW 9.94A.030;
(b) Individuals who are currently charged with an offense alleging intentional discharge, threat to discharge, or attempt to discharge a firearm in furtherance of the offense;
(c) Individuals who are currently charged with or who have been previously convicted of vehicular homicide or an equivalent out-of- state offense; or
(d) Individuals who are currently charged with or who have been previously convicted of: An offense alleging substantial bodily harm or great bodily harm as defined in RCW 9A.04.110, or death of another person.
(4) Any jurisdiction establishing a therapeutic court shall endeavor to incorporate the therapeutic court principles of best practices as recognized by state and national therapeutic court organizations in structuring a particular program, which may include:
(a) Determining the population;
(b) Performing a clinical assessment;
(c) Developing the treatment plan;
(d) Monitoring the participant, including any appropriate testing;
(e) Forging agency, organization, and community partnerships;
(f) Taking a judicial leadership role;
(g) Developing case management strategies;
(h) Addressing transportation, housing, and subsistence issues;
(i) Evaluating the program;
(j) Ensuring a sustainable program.
(5) Upon a showing of indigence under RCW 10.101.010, fees may be reduced or waived.
(6) The health care authority shall furnish services to therapeutic courts addressing dependency matters where substance abuse or mental health are an issue unless the court contracts with providers outside of the health care authority.
(7) Any jurisdiction that has established more than one therapeutic court under this chapter may combine the functions of these courts into a single therapeutic court.
(8) Nothing in this section prohibits a district or municipal court from ordering treatment or other conditions of sentence or probation following a conviction, without the consent of either the prosecutor or defendant.
(9) No therapeutic or specialty court may be established specifically for the purpose of applying foreign law, including foreign criminal, civil, or religious law, that is otherwise not required by treaty.
(10) No therapeutic or specialty court established by court rule shall enforce a foreign law, if doing so would violate a right guaranteed by the Constitution of this state or of the United States.
[ 2018 c 201 s 9002; 2015 c 291 s 3.]
Notes:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.

catchline: Therapeutic courts authorized—Establishment of processes—Determination of eligibility—Persons not eligible—Use of best practices—Dependency matters—Foreign law limitations.


title: RCW 2.30.040

text:
Jurisdictions may seek federal funding available to support the operation of its therapeutic court and associated services and must match, on a dollar-for-dollar basis, state moneys allocated for therapeutic courts with local cash or in-kind resources. Moneys allocated by the state may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts. However, until June 30, 2016, no match is required for state moneys expended for the administrative and overhead costs associated with the operation of a therapeutic court authorized under this chapter.
[ 2015 c 291 s 4.]
Notes:
Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.

catchline: Funding—Federal funding—Use of state moneys.


title: RCW 2.30.050

text:
Individual trial courts are authorized and encouraged to establish multijurisdictional partnerships and/or interlocal agreements under RCW 39.34.180 to enhance and expand the coverage area of the therapeutic court. Specifically, district and municipal courts may work cooperatively with each other and with the superior courts to identify and implement nontraditional case processing methods which can eliminate traditional barriers that decrease judicial efficiency.
[ 2015 c 291 s 6.]
Notes:
Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.

catchline: Courts authorized to work cooperatively.


title: RCW 2.30.060

text:
Any therapeutic court meeting the definition of therapeutic court in RCW 2.30.020 and existing on July 24, 2015, continues to be authorized.
[ 2015 c 291 s 7.]
Notes:
Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.

catchline: Authorization for therapeutic courts existing on July 24, 2015.


title: RCW 2.30.100

text:
(1)(a) A superior court may establish an early childhood court program to serve the needs of infants and toddlers who are under the age of six at the time the case enters the program and dependent pursuant to chapter 13.34 RCW.
(b) An early childhood court program is a therapeutic court as defined in this chapter that provides an intensive court process for families with a child under age six who has been found dependent pursuant to chapter 13.34 RCW. To be eligible for the early childhood court program, a parent must have a child under age six that is dependent pursuant to chapter 13.34 RCW at the time the case enters the early childhood court program. The case may remain in the early childhood court program if the child is still dependent pursuant to chapter 13.34 RCW.
(2) If a superior court creates an early childhood court program, it shall incorporate the following core components into the program:
(a) The court shall obtain a memorandum of understanding or other agreement with the department of children, youth, and families developed in collaboration with counsel for parents and children that outlines how the two entities will coordinate and collaborate to implement the core components overall.
(b) A community coordinator who may be employed by the courts, the county, or a nonprofit entity and who is a person with experience and training in diversity, equity, and inclusion measures and is dedicated to:
(i) Facilitating real-time information sharing and collaboration among cross-sector professionals participating in the early childhood court program;
(ii) Coordinating and participating in family team meetings;
(iii) Identifying community-based resources and supporting the family's connection to these resources;
(iv) Building relationships and forming new partnerships across traditional and nontraditional services and systems;
(v) Identifying training needs of early childhood court professionals and facilitating the provision of training;
(vi) Supporting the convening of community team meetings; and
(vii) Performing the tasks outlined in this subsection describing the core components of an early childhood court program unless otherwise specified.
(c) A community team established by the court and consisting of stakeholders to the court that serve as an advisory body to the court and who implement the early childhood court program. The community team shall include diverse membership to include, but not be limited to, former parent participants, foster parents, parent and child advocates, an attorney for parents, a department of children, youth, and families caseworker, and a judicial officer. The community team aims to:
(i) Foster a learning environment and encourage an interdisciplinary approach to meeting the needs of young children and families;
(ii) Identify and respond to challenges to accessing resources and needed systems reforms;
(iii) Support multidisciplinary trainings; and
(iv) Recommend local court policies and procedures to improve families receipt of equitable and timely access to resources and remedial services for the parent and child.
(d) More frequent status hearings than the review hearings required under RCW 13.34.138 established by the judicial officer, these status hearings are separate from the review hearings required under RCW 13.34.138 and are intended to provide additional support to the family.
(e) A community coordinator that serves as a liaison between the court and community-based resources to identify community-based resources, identify barriers to engagement, and collaborate with stakeholders to connect families to assessments and referrals. The community coordinator shall facilitate connecting parents with informal and formal social supports, including but not limited to peer, community, and cultural supports.
(f) Family team meetings neutrally facilitated by the community coordinator. The family team may include all parties to the case and other people or other service providers identified by the parent to be part of the support system for the parent involved. The family team engages the parents, and the attorney for the parent, in their case plan and expediently addresses family needs and access to services and support.
(g) Ensuring that parents are critical participants in the early childhood court program. Having experienced and culturally informed professionals supporting and working with families involved in the dependency court system is critical to successful reunification of families. The court shall aim to foster an environment in which all professionals involved in the early childhood court program increase their awareness of different forms of bias and the trauma and adversity that often accompany poverty, mental health, and substance use by identifying or developing training that increases such awareness.
(h) Ensuring that families receive early, consistent, and frequent visitation that is developmentally appropriate for infants and toddlers; minimizes stress and anxiety for both children and parents; and occurs in a safe, comfortable, and unintimidating setting that supports parents to nurture and care for their child.
(i) The court shall ensure that the individualized case plan for parents involved in the early childhood court program address protective factors that mitigate or eliminate safety risks to the child.
(j) The court should encourage a respectful, strength-based, compassionate approach to working with parents in the context of the early childhood court program.
(k) The court shall support the development of agreements that encourage:
(i) Stakeholders participation in any available statewide structure that supports alignment to the approach of the early childhood court program, cross-site cooperation, and consistency;
(ii) Program data is regularly and continuously reviewed to ensure equity and inform and improve practice; and
(iii) Stakeholder utilization of technical assistance, training, and evaluation to assess effectiveness and improve outcomes.
(l) Each early childhood court program must collect and review its data, including data related to race and ethnicity of program participants, to assess its effectiveness and share this data with the oversight board for children, youth, and families established under RCW 43.216.015. The oversight board for children, youth, and families established under RCW 43.216.015 shall share this data and hold or offer to assist in holding statewide meetings to support alignment to the core components and statewide consistency.
(m) The caseworker assigned to an early childhood court program must have received training and competency related to cultural antibias and antiracism.
(n) Each early childhood court program must be responsive to community needs and adopt best practices related to family reunification and serving all families, including those who are:
(i) Black, indigenous, and persons of color;
(ii) Lesbian, gay, bisexual, transgender, and queer; and
(iii) Experiencing disabilities.
(o) An attorney for the parent must be present during every meeting of the early childhood court program.
(p) Ensuring that parents voluntarily participating in the early childhood court program receive all available and appropriate services.
[ 2025 c 120 s 2; 2021 c 285 s 2.]
Notes:
Findings—2025 c 120: "The legislature finds that the early childhood court program has federal funding through September 2027 and is currently not operating at capacity. Expanding access to early childhood courts ensures that these funds can be used to serve more families in the dependency system.
The legislature further finds that there is a historical and ongoing impact of systemic racism within child welfare, especially as it affects Black, indigenous, and marginalized families. Recognizing the role of historical policies that devalue cultural and racial identities, this act aims to promote family integrity and dignity while supporting healthy outcomes through equitable and culturally sensitive practices." [ 2025 c 120 s 1.]
Findings—2021 c 285: "(1) The legislature finds that there is an urgent need to provide greater support to young children and their families involved in Washington state's child welfare system. Infants and toddlers comprise a substantial portion of all child abuse and neglect cases in Washington state; the rate of entry for children under age one into the care of Washington state's child welfare system is the second highest in the nation. Research demonstrates that both the trauma of neglect as well as the trauma associated with entering the child welfare system shapes young children's brain development and have lifelong impacts on young children's social, emotional, and physical well-being. Young children and families of color are particularly impacted by child welfare involvement and the factors leading up to it.
(2) The legislature further finds that early childhood court programs provide timely, evidence-based, evidence-informed, and trauma-informed interventions. Early childhood court programs reduce maltreatment recurrence, number of placements, and the time it takes to achieve permanency, while increasing equitable access to services.
(3) The legislature further finds that statewide standards are necessary to ensure the quality, accountability, and fidelity to evidence-based and evidence-informed interventions of early childhood court programs. Statewide standards will also promote equitable access to these programs, especially among children and families of color.
(4) The legislature further finds that early childhood court programs that de-emphasize termination of parental rights and focus on the safe reunification of children with parents or maintain children with family or other suitable persons promote the long-term emotional and psychological health of children and minimize the trauma and racial disproportionality experienced by children and families of color who are involved in the dependency court system.
(5) The legislature further finds that the administrative office of the courts has secured funding for the first year of the early childhood court program to support their evaluation efforts. While funding is not mandated through this act, the legislature acknowledges that the administrative office of the courts is not able to complete its required responsibilities as provided for in this act without dedicated funding. The legislature finds and declares that[,] in the future, the office may seek funding through public and/or private funding opportunities, and it may partner with local organizations to seek further funding, although it is not required to do so." [ 2021 c 285 s 1.]

catchline: Early childhood court programs—Authorized.


title: RCW 2.30.110

text:
(1) Judicial officers who preside over early childhood court program hearings shall participate in required trainings, as follows:
(a) An initial, eight-hour training program that can include the topic areas of:
(i) The benefits to infants and toddlers of secure attachment with primary caregivers;
(ii) A trauma-informed approach;
(iii) The importance of maintaining children within their biological connections;
(iv) The importance of reunification of children with their families;
(v) Diversity, equity, and inclusion; and
(vi) The impact of trauma on child development;
(b) After the initial training, annually attend a minimum of eight hours of continuing education of pertinence to the early childhood court program.
(2) Subject to the availability of amounts appropriated for this specific purpose, the administrative office of the courts shall administer the certification of training requirements.
[ 2021 c 285 s 3.]
Notes:
Findings—2021 c 285: See note following RCW 2.30.100.

catchline: Early childhood court programs—Judicial officer training.


title: RCW 2.30.120

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the administrative office of the courts shall perform, or contract for, an evaluation of the early childhood court program to ensure the quality, accountability, and fidelity of the programs' evidence-based treatment. Any evaluation of the early childhood court program shall be posted on the administrative office of the courts website.
(2) The administrative office of the courts may provide, or contract for the provision of, training and technical assistance related to program services, consultation and guidance for difficult cases, and ongoing training for court teams.
[ 2021 c 285 s 4.]
Notes:
Findings—2021 c 285: See note following RCW 2.30.100.

catchline: Early childhood court programs—Evaluation—Provision of assistance.


title: RCW 2.30.130

text:
Any early childhood court program in operation as of July 25, 2021, shall have until January 1, 2022, to adjust its practices to comply with RCW 2.30.100 and 2.30.110.
[ 2021 c 285 s 5.]
Notes:
Findings—2021 c 285: See note following RCW 2.30.100.

catchline: Early childhood court programs—Transitional provision.