title: RCW 19.94.575

text:
(1) This section applies to all electric vehicle service providers operating one or more publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment installed in Washington. If an electric vehicle service provider also operates electric vehicle supply equipment that is not available to the public, the requirements of this section apply only to that electric vehicle service provider's publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment installed in Washington.
(2) By January 1, 2023, electric vehicle service providers must report inventory and payment method information to the national renewable energy laboratory, alternative fuels data center. The information must be reported, at a minimum, annually and must include, but is not limited to:
(a) Electric vehicle service provider information;
(b) Electric vehicle supply equipment inventory for both active and retired, decommissioned, or removed electric vehicle supply equipment in Washington;
(c) Electric vehicle supply equipment payment method information.
(3) The department may adopt additional reporting requirements to support compliance with chapter 238, Laws of 2021.
[ 2021 c 238 s 7.]

catchline: Electric vehicle service providers operating one or more publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment.


doc_type: statute

jurisdiction: wa

title: RCW 19.94.580

text:
(1) An electric vehicle service provider that fails to meet the requirements established under RCW 19.94.560 through 19.94.570, or any rule adopted pursuant to the authority granted to the department under RCW 19.94.560 through 19.94.570, is subject to a civil penalty of $200 per electric vehicle supply equipment for the first violation and $500 per electric vehicle supply equipment for each subsequent violation within one year of the first violation.
(2) Moneys collected under this section must first be used to cover the department's costs to enforce this section. Any remaining moneys must be deposited into the electric vehicle account created in RCW 82.44.200.
[ 2021 c 238 s 11.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Electric vehicle service provider penalties.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.94.585

text:
If an electric vehicle service provider sells or intends to sell consumer data collected during or associated with a charging session, the electric vehicle service provider shall disclose all types of data collected to the consumer.
[ 2021 c 238 s 13.]
Notes:
Contingent effective date—2021 c 238 s 13: "Section 13 of this act takes effect only if chapter . . . (Substitute Senate Bill No. 5062), Laws of 2021 is not enacted by June 30, 2021." [ 2021 c 238 s 14.]

catchline: Charging session—Consumer data disclosure.


title: RCW 19.94.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.
[ 1969 c 67 s 54.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 19.94.920

text:
This act shall take effect July 1, 1992.
[ 1992 c 237 s 41.]

catchline: Effective date—1992 c 237.


title: RCW 19.95.005

text:
The legislature finds that many Washingtonians are solicited by solar energy salespersons and solar energy contractors to purchase or lease a solar energy system. Salespeople and contractors are responsible for accurately representing the financing terms, total cost, and performance of the solar energy equipment to support the customer in making an informed decision about whether the installation is economically viable. If these terms are not communicated correctly, customers face financial hardship. The legislature declares that this is a matter of public interest. It is the intent of the legislature to establish rules of business practice for solar energy contractors and solar energy salespersons to promote honesty and fair dealing with homeowners, other property owners, and leaseholders.
[ 2024 c 349 s 1.]

catchline: Findings—Intent.


title: RCW 19.95.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Customer" means a residential or commercial property owner or leaseholder who is solicited by or signs a contract with a solar energy salesperson or a solar energy contractor for a residential or commercial solar energy system.
(2) "Dealer fee" means an amount paid by a solar energy contractor or solar energy salesperson to a lender in order to offer a customer credit to finance the purchase and installation of a solar energy system.
(3) "Electric utility" means any entity that is engaged in the business of distributing electricity to retail electric customers in the state.
(4) "Major system components" means any inverters, module-level power electronics, solar panels, racking systems, or battery energy storage equipment included in the solar energy installation.
(5) "Net metering" means measuring the difference between the electricity supplied by an electric utility and the excess electricity generated by a customer-generator's net metering system over the applicable billing period.
(6) "Person" includes an individual, corporation, company, partnership, joint venture, or business entity.
(7) "Solar array" means a mechanically and electrically integrated grouping of modules with support structure, including any attached system components such as inverters or DC-to-DC converters and attached associated wiring.
(8) "Solar energy contractor" means a person, partnership, corporation, or other entity that designs, installs, repairs, replaces, or maintains solar energy systems.
(9) "Solar energy installation contract" means an agreement between a solar energy contractor or solar energy salesperson and a customer that includes, in part, an agreement to install a residential or commercial solar energy system for a total cost including labor and materials in excess of $1,000.
(10) "Solar energy salesperson" means a person who solicits, negotiates, or otherwise endeavors to procure a solar energy installation contract with a customer to install, repair, or replace residential or commercial solar energy systems on behalf of a solar energy contractor.
(11) "Solar energy system" is the total components, circuits, solar energy equipment, and other equipment that in combination convert solar energy into electrical energy.
(12) "Solicit" means to make contact with the customer for the purpose of selling or installing residential or commercial solar energy systems including, but not limited to, contact through any of the following methods:
(a) Door-to-door contact;
(b) Telephone contact or text messages;
(c) Flyers left at a residence;
(d) Internet or social media advertisements; or
(e) Other promotional advertisements which offer gifts, cash, or services if the customer contacts the solar energy contractor or solar energy salesperson.
[ 2024 c 349 s 2.]

catchline: Definitions.


title: RCW 19.95.020

text:
(1) Any person, firm, partnership, corporation, or other entity advertising, offering to do work, submitting a bid, engaging in, conducting, or carrying on the business of installing, repairing, replacing, or maintaining residential or commercial solar energy systems for a total cost including labor and materials in excess of $1,000 must be licensed as provided in RCW 19.28.041.
(2) Any person, firm, partnership, corporation, or other entity designing residential or commercial solar energy systems for a total cost including labor and materials in excess of $1,000 must be licensed as provided under RCW 19.28.041, or be a licensed design professional under chapter 18.08 or 18.43 RCW and practicing in their field of specific training and qualifications.
(3) All solar energy installation contracts must be consistent with this section. This section does not apply to any person installing residential or commercial solar energy systems on the person's own property who is properly exempted under RCW 19.28.261.
(4) A solar energy installation contract must be in writing, must be written in the same language and contain terms as were principally used in the sales presentation made to the customer, including any material contract terms from print or digital marketing material given to the customer. A copy of the contract must be given to the customer at the time the customer signs the contract. The contract must be typed or printed legibly and contain the following provisions:
(a) An itemized list of work to be performed including any known or anticipated electrical system upgrades or utility equipment upgrades that are necessary for installation;
(b) Any financing that is incorporated directly into the contract, which must be identified as a separate line item and conform to all state and federal consumer loan regulations and disclosure requirements, including terms, conditions, interest rates, annual percentage rate, the amortization schedule, and information on how the loan is secured;
(c) Disclosure of the exact amount paid, if any, by a solar energy contractor or solar energy salesperson to any lender or third-party financing company in the form of a dealer fee, or other similar inducement to obtain financing, irrespective of whether financing is incorporated within the contract or in conjunction with a third-party lender;
(d) The total dollar amount of the contract;
(e) The cost per watt calculated as the total contract amount, including labor and materials, for installing the solar energy system divided by the total direct current nameplate rating of the solar energy system;
(f) A detailed payment schedule based on project completion milestones that explains when payments are due, explains the customer's right to cancel the contract, and identifies the cancellation fees due at each milestone in the payment schedule;
(g) The model and brand name of major system components to be installed. If any major system components change throughout the duration of the contract, those changes must be documented, the efficiency and warranty period of the new major system components must be provided, and the changes must be agreed upon in writing by the customer;
(h) The manufacturer's warranty period for each major system component of the solar energy system;
(i) Any ongoing operations and maintenance costs that are included in the contract;
(j) A list of anticipated maintenance activities that the customer will need to perform in order to maintain the warranty and performance of the solar energy equipment including, but not limited to, inverter replacement;
(k) The solar energy system's first-year annual production projections in kilowatt-hours. The methodology and the nationally recognized, industry-standard tool used to develop the projections must be provided with the annual production projection data. Projections must be based on site-specific considerations of each solar array, including location of the installation, orientation and angle of the panels, and on-site shading factors and must at a minimum account for the difference in production over the month of December versus the month of June. Projections must not exceed the optimal inverter performance identified by the manufacturer of the inverter equipment identified in the contract;
(l) An explanation of what happens annually to any unused net metering or other applicable bill credits from on-site generation;
(m) The solar energy contractor's good faith estimate of projected electric bill savings from the solar energy system that the customer is expected to achieve over the first 12 months after interconnection. The customer's current electric rate must be used in this calculation unless a rate change for the customer's applicable rate class has been approved and finalized for the applicable period. If the customer agrees, the relevant electric utility shall provide detailed electric use history to the solar energy contractor and may support calculation of the annual bill savings estimate;
(n) The name, business address, email address, and phone number of the primary solar energy salesperson, if different from the solar energy contractor;
(o) The name, business address, email address, contractor's license number of the solar energy contractor, and link to the Washington state department of labor and industries contractor verification tool;
(p) A statement as to whether all or part of the work is intended to be subcontracted to or performed by another person or entity other than the solar energy contractor's own workforce;
(q) The following recommendation in capital letters, which must be initialed by the customer acknowledging they have read and understand the recommendation provision:
"IF YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE CONTRACT, IT IS RECOMMENDED THAT YOU WAIT UNTIL RECEIVING FINANCIAL APPROVAL BEFORE SIGNING THIS SOLAR ENERGY INSTALLATION CONTRACT. IN ADDITION, IF YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE CONTRACT, IT IS RECOMMENDED THAT YOU VERIFY WHETHER LOAN PAYMENTS ARE DUE BEFORE THE SYSTEM IS OPERATIONAL. NOTHING IN THIS CONTRACT ALTERS YOUR RESPONSIBILITY TO PAY YOUR ELECTRIC UTILITY COMPANY FOR AMOUNTS DUE ON YOUR ELECTRIC BILL.";
(r) The following rescission rights notice in capital letters, which must be initialed by the customer acknowledging they have read and understand the notice provision:
"CUSTOMER'S RIGHT TO CANCEL: YOU HAVE THE RIGHT TO CANCEL YOUR SOLAR ENERGY INSTALLATION CONTRACT WITHIN THREE BUSINESS DAYS OF CONTRACT SIGNING. YOUR NOTICE OF CANCELLATION MUST BE MADE IN WRITING AND EMAILED OR MAILED VIA CERTIFIED LETTER TO THE CONTACTS LISTED IN THIS CONTRACT.";
(s) A statement clearly explaining whether the solar energy installation contract includes the cost of uninstalling and reinstalling the solar energy system if it is installed on the customer's roof and the roof must be replaced or repaired at a future date. If the contract does not include the future cost of uninstalling and reinstalling the solar energy system to be installed on the customer's roof, the contract must include the following notice which must be initialed by the customer acknowledging they have read and understand the notice provision:
"Before you need to repair or replace your roof, review the warranties included in your solar energy installation contract to ensure you comply with them. You will be responsible for all costs and work needed to uninstall and reinstall the solar energy system and interconnect it with your utility company.";
(t) The following notice which must be initialed by the customer acknowledging they have read and understand the notice provision:
"If you are a residential customer, you must have sufficient tax liability to utilize the residential clean energy credit. You will not receive these funds directly; you can only offset the taxes that you owe to the federal government. IF YOU ARE PARTICIPATING IN GOVERNMENT ASSISTANCE PROGRAMS OR ARE ON A FIXED INCOME, YOU MAY NOT BE ELIGIBLE FOR THIS TAX CREDIT. The cost of roof repairs should not be included in calculating the tax credit. It is recommended that you consult a tax attorney if you are relying on the tax credit to afford the cost of the solar energy installation.";
(u) A copy of the internal revenue service's current revision of form 5695 instructions for residential clean energy credit (part I) qualified solar electric property costs;
(v) A statement that it is the solar energy contractor's responsibility to install the system per manufacturer instructions, in compliance with the national electric code as enforced by the local jurisdiction, in compliance with local building codes, and in compliance with the applicable utility's interconnection standards;
(w) A copy of, or the uniform resource locator to, the applicable electric utility's interconnection application;
(x) A statement documenting which party is responsible for obtaining permission to operate from the utility;
(y) A statement that the addition of a solar energy system may affect the value of the structure as determined by the county assessor and any change in value may be reflected in annual property taxes; and
(z) The following statement which may be omitted if the solar energy system includes energy storage equipment and/or power conversion and control technologies designed and installed to provide backup power during a grid outage:
"A solar energy system will automatically disconnect the solar energy system from the utility grid in the event of a power outage to protect utility repair personnel from a risk of electric shock from the electricity that could otherwise flow into the utility distribution system from the solar energy system and that if this occurs, THE SOLAR ENERGY SYSTEM WILL NOT PROVIDE ANY ELECTRICITY TO THE CUSTOMER DURING THE POWER OUTAGE."
(5) If a customer exercises the rescission rights described in subsection (4)(r) of this section, the solar energy contractor may not enforce the terms of the contract against the customer, including claims for labor or materials, and must terminate any security interest or release any statutory lien created under the transaction within 20 days of receiving written rescission of the contract from the customer. If a customer exercises the rescission rights via email or a certified letter postmarked within the three-day window to the contacts listed in the solar energy installation contract, even if the solar energy contractor or solar energy salesperson has not responded, the solar energy contractor is prohibited from enforcing the terms of the contract and must not charge any cancellation fees.
(6) No payments of any type may be charged by a solar energy salesperson or a solar energy contractor before a customer's rescission rights have expired. Nothing in this section requires a solar energy contractor to commence performance or order equipment or materials until the close of the three-day rescission window.
(7) The interconnection application for the solar energy system must be approved by the applicable electric utility before the solar energy contractor or the subcontractor begins installing the system. Any solar energy system that is not approved by the applicable electric utility must be modified to meet the utility's requirements before the installation can proceed. The applicable electric utility may waive this requirement for solar energy contractors that are certified by the electric utility.
(8) It is the solar energy contractor's responsibility to notify the applicable electric utility of any equipment or design changes that occur during the performance of the solar energy installation contract.
(9) If the scope of work in the solar energy installation contract includes any type of roofing work, the solar energy contractor shall provide the customer separate invoices for the roofing work, and the solar energy installation contract must separately itemize and identify the cost of roofing tear-off and replacement.
(10) A person, firm, partnership, corporation, or other entity which purchases or is otherwise assigned a solar energy installation contract is subject to all claims and defenses with respect to the contract that the customer could assert against the solar energy contractor. A person, firm, partnership, corporation, or other entity which sells or otherwise assigns a solar energy installation contract must include a prominent notice of the potential liability under this section.
(11) A solar energy contractor or solar energy salesperson who fails to substantially comply with the requirements of this chapter is liable to the customer for any actual damages sustained by the customer as a result of the failure. Nothing in this section limits any cause of action or remedy available under chapter 19.86 RCW.
[ 2024 c 349 s 3.]

catchline: License required—Solar energy installation contracts, elements—Liability.


title: RCW 19.95.030

text:
No person may solicit using any statement or representation with regard to the costs, financing, terms, or conditions of purchase or installation of residential or commercial solar energy systems that is deceptive.
[ 2024 c 349 s 4.]

catchline: Deceptive solicitation prohibited.


title: RCW 19.95.040

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act as set forth under chapter 19.86 RCW.
[ 2024 c 349 s 5.]

catchline: Application of consumer protection act.


title: RCW 19.98.008

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Audit" means a review by a supplier of a dealer's warranty claims records.
(2) "Change in competitive circumstances" means to materially impact a specific dealer's ability to compete with similarly situated dealers selling the same brand of equipment.
(3) "Current net price" means the price charged to a dealer for repair parts as listed in the printed price list, catalog, or electronic catalog of the supplier in effect at the time a warranty claim is made and superseded parts listed in current price lists, catalogs, or electronic catalogs when parts had previously been purchased from the supplier and held by the dealer on the date of the cancellation or discontinuance of a dealer agreement or thereafter received by the dealer from the supplier.
(4) "Dealer" means a person primarily engaged in the retail sale and service of farm equipment, including a person engaged in the retail sale of outdoor power equipment who is primarily engaged in the retail sale and service of farm equipment. Dealer does not include a person primarily engaged in the retail sale of outdoor power equipment or a supplier.
(5) "Dealer agreement" means an oral or written contract or agreement for a definite or indefinite period of time in which a supplier of equipment grants to a dealer permission to use a trade name, service mark, or related characteristic, and where there is a community of interest in the marketing of equipment or services related to the equipment at wholesale, retail, leasing, or otherwise.
(6) "Dealership" means the retail sale business engaged in by a dealer under a dealer agreement.
(7) "Distributor" means a person who sells or distributes new equipment to dealers or who maintains distributor representatives within the state.
(8) "Distributor branch" means a branch office, maintained by a distributor, that sells or distributes new equipment to dealers. "Distributor branch" includes representatives of the branch office.
(9)(a) "Equipment" includes:
(i) Farm equipment. Farm equipment includes but is not limited to tractors, trailers, combines, tillage implements, balers, and other equipment, including attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products.
(ii) Outdoor power equipment. Outdoor power equipment includes self-propelled equipment that is used to maintain commercial, public, or residential lawns and gardens or used in landscape, turf, or golf course maintenance.
(b) "Equipment" does not include motor vehicles designed or intended for use upon public roadways as defined in RCW 46.70.011 or motorcycles as defined in *RCW 46.94.010.
(10) "Factory branch" means a branch office maintained by a manufacturer that makes or assembles equipment for sale to distributors or dealers or that is maintained for directing and supervising the representatives of the manufacturer.
(11) "Factory representative" means a person employed by a manufacturer or by a factory branch for the purpose of selling or promoting the sale of equipment or for supervising, servicing, instructing, or contracting with dealers or prospective dealers.
(12) "Free on board" or "F.O.B." has the same meaning as described in RCW 62A.2-319.
(13) "Geographic market area" means the geographic region for which a particular dealer is responsible for the marketing, selling, leasing, or servicing of equipment pursuant to a dealer agreement.
(14) "Good cause" means failure by a dealer to comply with requirements imposed upon the dealer by the dealer agreement, provided such requirements are not different from those requirements imposed on other similarly situated dealer[s] in the state either by their terms or in the manner of their enforcement.
(15) "Manufacturer" means a person engaged in the business of manufacturing or assembling new and unused equipment.
(16) "Person" includes a natural person, corporation, partnership, trust, or other entity, including any other entity in which it has a majority interest or of which it has control, as well as the individual officers, directors, or other persons in active control of the activities of each entity.
(17) "Similarly situated dealer" means a dealer of comparable geographic location, volume, and market type.
(18) "Supplier" means a person or other entity engaged in the manufacturing, assembly, or wholesale distribution of equipment or repair parts of the equipment. "Supplier" includes any successor in interest, including a purchaser of assets, stock, or a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier, or any receiver or any trustee of the original supplier.
(19) "Warranty claim" means a claim for payment submitted by a dealer to a supplier for either service, or parts, or both, provided to a customer under a warranty issued by the supplier.
(20) "Wholesaler" means a person who sells or attempts to sell new equipment exclusively to dealers or to other wholesalers.
[ 2002 c 236 s 1.]
Notes:
*Reviser's note: RCW 46.94.010 was repealed by 2003 c 354 s 24.


title: RCW 19.98.010

text:
Whenever any person, firm, or corporation engaged in the sale of equipment, repair parts, or services therefor enters into a written or oral contract with a supplier of equipment, or repair parts whereby the dealer agrees to maintain a stock of parts and equipment and either party to such contract desires to cancel or discontinue the contract, unless the dealer should desire to keep such parts and equipment the supplier shall pay the dealer for the equipment and reasonable reimbursement for services performed in connection with assembly and predelivery inspections of the equipment. The payment shall be in the amount of one hundred percent of the net cost of all unused complete equipment, including transportation charges paid by the dealer. Equipment purchased more than twenty-four months prior to the cancellation or discontinuance of the dealer agreement is subject to a weather allowance adjustment. The supplier assumes ownership of new unused complete equipment F.O.B. the dealer location. The supplier shall pay the dealer in the amount of ninety-five percent of the current net prices on repair parts, including superseded parts listed in current price lists, catalogs, or electronic catalogs which parts had previously been purchased from the supplier and held by the dealer on the date of the cancellation or discontinuance of such contract or thereafter received by the dealer from the supplier. The supplier shall also pay the dealer a sum equal to five percent of the current net price of all parts returned for the handling, packing, and loading of such parts for return, unless the supplier elects to catalog or list the inventory and perform packing and loading of the parts itself. However, the provisions of this section shall apply only to repair parts which are new, unused, and in resalable condition. The provisions of this section do not apply to repair parts that were purchased by the dealer in sets of multiple parts unless the sets are complete and in resalable condition, or to parts the supplier can demonstrate were identified as nonreturnable when ordered by the dealer.
Upon the payment of such amounts, the title to the equipment or repair parts shall pass to the supplier making such payment, and the supplier shall be entitled to the possession of such equipment and repair parts.
All payments or allowances of credit due dealers under this section shall be paid or credited by the supplier within ninety days after the return of the repair parts or the transfer of equipment. After the ninety days, all sums of credits due include interest at the rate of eighteen percent per year. Title to equipment, attachments, and accessories is transferred to the supplier F.O.B. the dealer location.
The provisions of this section shall apply to any part return adjustment agreement made between a dealer and a supplier.
A supplier must repurchase specific data processing and computer communications hardware specifically required by the supplier to meet the supplier's minimum requirements and purchased by the dealer in the prior five years and held by the dealer on the date of termination. The supplier must also purchase software required by and sourced from the supplier, provided that the software is used exclusively to support the dealer's business with the supplier. The purchase price is the original net cost to the dealer, less twenty percent per year.
A supplier must repurchase, and the dealer must sell to the supplier, specialized repair tools. As applied in this section, specialized repair tools are defined as those tools required by the supplier and unique to the diagnosis or repair of the supplier's products. For specialized repair tools that are in new, unused condition and are applicable to the supplier's current products, the purchase price is one hundred percent of the original net cost to the dealer. For all other specialized repair tools, the purchase price is the original net cost to the dealer less twenty percent per year.
A supplier must repurchase, and the dealer must sell to the supplier, current signage. As used in this section, "current signage" means the principal outdoor signage required by the supplier that displays the supplier's current logo or similar exclusive identifier, and that identifies the dealer as representing either the supplier or the supplier's products, or both. The purchase price is the original net cost to the dealer less twenty percent per year, but may in no case be less than fifty percent of the original net cost to the dealer.
The provisions of this section shall be supplemental to any agreement between the dealer and the supplier covering the return of equipment and repair parts so that the dealer can elect to pursue either his or her contract remedy or the remedy provided herein, and an election by the dealer to pursue his or her contract remedy shall not bar his or her right to the remedy provided herein as to equipment and repair parts not affected by the contract remedy.
The provisions of this section shall apply to all contracts now in effect which have no expiration date and are a continuing contract, and all other contracts entered into or renewed after January 1, 1976. Any contract in force and effect on January 1, 1976, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this chapter: PROVIDED, That no contract covered by this chapter may be canceled by any party without good cause. For the purposes of this section, good cause shall include, but shall not be restricted to, the failure of any party to comply with the lawful provisions of the contract, the adjudication of any party to a contract as a bankrupt, wrongful refusal of the supplier to supply equipment and repair parts therefor.
[ 2002 c 236 s 2; 1975 1st ex.s. c 277 s 1.]

catchline: Cancellation of contract—Parties' duties.


title: RCW 19.98.020

text:
All repurchase payments to dealers made pursuant to RCW 19.98.010 shall be less amounts owed on any lien or claim then outstanding upon such items covered by this section. Any supplier making repurchase payments covered by this chapter to any dealer shall satisfy such secured liens or claims pursuant to Article 62A.9A RCW less any interest owed to the lienholder arising from the financing of such items which shall be paid to any such secured lienholder by the dealer. In no case shall the supplier, in making payments covered by RCW 19.98.010, pay in excess of those amounts prescribed therein.
[ 2002 c 236 s 3; 2000 c 171 s 66; 1975 1st ex.s. c 277 s 2.]

catchline: Repurchase payments—Liens and claims.


title: RCW 19.98.030

text:
The prices of equipment and repair parts therefor, required to be paid to any dealer as provided in RCW 19.98.010 shall be determined by taking one hundred percent of the net cost of the invoiced price of equipment and ninety-five percent of the current net price of repair parts therefor as shown upon the supplier's price lists, catalogues, or electronic catalogs in effect at the time such contract is canceled or discontinued.
The supplier assumes transfer of ownership of equipment F.O.B. dealer location.
[ 2002 c 236 s 4; 1975 1st ex.s. c 277 s 3.]

catchline: Prices—How determined.


title: RCW 19.98.040

text:
In the event that any supplier of equipment and repair parts, upon cancellation or discontinuation of a contract by either a dealer or supplier, fails or refuses to make payment to such dealer as is required by RCW 19.98.010, the supplier is liable in a civil action to be brought by the dealer for such payments as are required by RCW 19.98.010.
[ 2002 c 236 s 5; 1975 1st ex.s. c 277 s 4.]

catchline: Failure or refusal to make payments—Civil action.


title: RCW 19.98.100

text:
The legislature of this state finds that the retail distribution and sales of equipment, utilizing independent dealers operating under agreements with suppliers, vitally affects the general economy of the state, public interests, and public welfare and that it is necessary to regulate the business relations between the dealers and the suppliers.
[ 2002 c 236 s 6; 1990 c 124 s 1.]

catchline: Findings.


title: RCW 19.98.120

text:
It shall be a violation of this chapter for a supplier to:
(1) Require or attempt to require any dealer to order or accept delivery of any equipment or parts that the dealer has not voluntarily ordered;
(2) Require or attempt to require any dealer to enter into any agreement, whether written or oral, supplementary to an existing dealer agreement with the supplier, unless such supplementary agreement is imposed on other similarly situated dealers in the state;
(3) Refuse to deliver in reasonable quantities and within a reasonable time after receipt of the dealer's order, to any dealer having a dealer agreement for the retail sale of new equipment sold or distributed by the supplier, equipment covered by the dealer agreement specifically advertised or represented by the supplier to be available for immediate delivery. However, the failure to deliver any such equipment shall not be considered a violation of this chapter when deliveries are based on prior ordering histories, the priority given to the sequence in which the orders are received, or manufacturing schedules or if the failure is due to prudent and reasonable restriction on extension of credit by the supplier to the dealer, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the supplier has no control;
(4) Terminate, cancel, or fail to renew the dealer agreement of any dealer or substantially change the dealer's competitive circumstances, attempt to terminate or cancel, or threaten to not renew the dealer agreement or to substantially change the competitive circumstances without good cause;
(5) Condition the renewal, continuation, or extension of a dealer agreement on the dealer's substantial renovation of the dealer's place of business or on the construction, purchase, acquisition, or rental of a new place of business by the dealer unless: The supplier has advised the dealer in writing of its demand for such renovation, construction, purchase, acquisition, or rental within a reasonable time prior to the effective date of the proposed date of renewal or extensions, but in no case less than one year; the supplier demonstrates the need for such change in the place of business and the reasonableness of the demand with respect to marketing and servicing the supplier's product and any economic conditions existing at the time in the dealer's trade area; and the dealer does not make a good faith effort to complete the construction or renovation plans within one year;
(6) Discriminate in the prices charged for equipment of like grade, quality, and brand sold by the supplier to similarly situated dealers in this state. This subsection does not prevent the use of differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are sold or delivered: PROVIDED, That nothing shall prevent a supplier from offering a lower price in order to meet an equally low price of a competitor, or the services or facilities furnished by a competitor;
(7) Prevent, by contract or otherwise, any equipment dealer from changing the capital structure of the equipment dealership or the means by which the equipment dealership is financed, provided the equipment dealer at all times meets any reasonable capital standards imposed by the supplier or as otherwise agreed to between the equipment dealer and supplier, and provided this change by the equipment dealer does not result in a change of the controlling interest in the executive management or board of directors, or any guarantors of the equipment dealership;
(8) Prevent, by contract or otherwise, any equipment dealer or any officer, member, partner, or stockholder of any equipment dealer from selling or transferring any part of the interest of any of them to any other party or parties. However, no equipment dealer, officer, partner, member, or stockholder has the right to sell, transfer, or assign the equipment dealership or power of management or control of the dealership without the written consent of the supplier. Should a supplier determine that the designated transferee is not acceptable, the supplier shall provide the equipment dealer with written notice of the supplier's objection and specific reasons for withholding its consent;
(9) Withhold consent to a transfer of interest in an equipment dealership unless, with due regard to regional market conditions and distribution economies, the dealer's area of responsibility or trade area does not afford sufficient sales potential to reasonably support a dealer. In any dispute between a supplier and an equipment dealer, the supplier bears the burden of proving that the dealer's area of responsibility or trade area does not afford sufficient sales potential to reasonably support a dealer. The proof offered must be in writing. The provisions of this subsection do not preclude any other basis for a supplier to withhold consent to a transfer of interest in an equipment dealer;
(10) Fail to compensate a dealer for preparation and delivery of equipment that the supplier sells or leases for use within this state and that the dealer prepares for delivery and delivers;
(11) Require a dealer to assent to a release, assignment, novation, waiver, or estoppel that would relieve any person from liability imposed by this chapter; or
(12)(a) Unreasonably withhold consent, in the event of the death of the dealer or the principal owner of the dealership, to the transfer of the dealer's interest in the dealership to another qualified individual if the qualified individual meets the reasonable financial, business experience, and character standards required by the supplier. Should a supplier determine that the designated qualified individual does not meet those reasonable written standards, it shall provide the dealership, heirs to the dealership, or the estate of the dealer with written notice of its objection and specific reasons for withholding its consent. A supplier shall have sixty days to consider a dealer's request to make a transfer. If the qualified individual reasonably satisfies the supplier's objections within sixty days, the supplier shall approve the transfer. Nothing in this section shall entitle a qualified individual to continue to operate the dealership without the consent of the supplier.
(b) If a supplier and dealer have duly executed an agreement concerning succession rights prior to the dealer's death and the agreement has not been revoked, the agreement shall be observed even if it designates someone other than the surviving spouse or heirs of the decedent as the successor.
[ 2002 c 236 s 7; 1990 c 124 s 3.]

catchline: Violations.


title: RCW 19.98.130

text:
(1) Except where a grounds for termination or nonrenewal of a dealer agreement or a substantial change in a dealer's competitive circumstances are contained in subsection (2)(a), (b), (c), (d), (e), or (f) of this section, a supplier shall give a dealer ninety days' written notice of the supplier's intent to terminate, cancel, or not renew a dealer agreement or substantially change the dealer's competitive circumstances. The notice shall state all reasons constituting good cause for termination, cancellation, or nonrenewal and shall provide, except for termination pursuant to subsection (2)(a), (b), (c), (d), or (e) of this section, that the dealer has sixty days in which to cure any claimed deficiency. If the deficiency is rectified within sixty days, the notice shall be void. The contractual terms of the dealer agreement shall not expire or the dealer's competitive circumstances shall not be substantially changed without the written consent of the dealer prior to the expiration of at least ninety days following such notice.
(2) As used in RCW 19.98.100 through 19.98.150 and 19.98.911, a termination by a supplier of a dealer agreement shall be with good cause when the dealer:
(a) Has transferred a controlling ownership interest in the dealership without the supplier's consent;
(b) Has made a material misrepresentation to the supplier;
(c) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within sixty days after the filing, is in default under the provisions of a security agreement in effect with the supplier, or is insolvent or in receivership;
(d) Has been convicted of a crime, punishable for a term of imprisonment for one year or more;
(e) Has failed to operate in the normal course of business for ten consecutive business days or has terminated the business;
(f) Has relocated the dealer's place of business without supplier's consent;
(g) Has consistently engaged in business practices that are detrimental to the consumer or supplier by way of excessive pricing, misleading advertising, or failure to provide service and replacement parts or perform warranty obligations;
(h) Has inadequately represented the supplier over a measured period causing lack of performance in sales, service, or warranty areas and failed to achieve market penetration at levels consistent with similarly situated dealerships in the state based on available record information;
(i) Has consistently failed to meet building and housekeeping requirements or failed to provide adequate sales, service, or parts personnel commensurate with the dealer agreement;
(j) Has consistently failed to comply with the applicable licensing laws pertaining to the products and services being represented for and on supplier's behalf; or
(k) Has consistently failed to comply with the terms of the dealer agreement.
(3)(a) Notwithstanding the provisions of subsections (1) and (2) of this section, before the termination or nonrenewal of a dealer agreement based upon a supplier's claim that the dealer has failed to meet reasonable marketing criteria or market penetration, the supplier shall provide written notice of its intention at least one year in advance.
(b) Upon the end of the one-year period established in this subsection (3), the supplier may terminate or elect not to renew the dealer agreement only upon written notice specifying the reasons for determining that the dealer failed to meet reasonable marketing criteria or market penetration. The notice must specify that termination or nonrenewal is effective one hundred eighty days from the date of the notice.
[ 2002 c 236 s 8; 1990 c 124 s 4.]

catchline: Termination, cancellation, or nonrenewal of dealer agreement—Notice.


title: RCW 19.98.140

text:
Any equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the equipment dealer as a consequence of the supplier's violation including requiring the supplier to repurchase at fair market value any data processing hardware and specialized repair tools and equipment previously purchased pursuant to requirements of the supplier, compensation for any loss of business, and the actual costs of the action, including reasonable attorneys' fees. The equipment dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change in competitive circumstances. The remedies set forth in this action shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. Nothing in this section is intended to prevent any court from awarding to the supplier actual costs of the action, including reasonable attorney's fees if the action is deemed frivolous.
[ 1990 c 124 s 5.]

catchline: Actions against suppliers—Remedies.


title: RCW 19.98.150

text:
The obligations of any supplier under this chapter are applied to any successor in interest or assignee of the supplier. A successor in interest includes any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, and any receiver or any trustee of the original supplier.
[ 1990 c 124 s 6.]

catchline: Successors in interest.


title: RCW 19.98.160

text:
When a supplier enters into an agreement to establish a new dealer or dealership or to relocate a current dealer or dealership for a particular product line or make of equipment, the supplier must give written notice of such an agreement by certified mail to all existing dealers or dealerships whose assigned area of responsibility is contiguous to the new dealer or dealership location. If no area of responsibility has been assigned then the supplier must give written notice of such an agreement by certified mail to the dealers or dealerships within a seventy-five mile radius of the new dealer location. The supplier must provide in its written notice the following information about the proposed new or relocated dealer or dealership:
(1) The proposed location;
(2) The proposed date for commencement of operation at the new location; and
(3) The identities of all existing dealers or dealerships or dealerships whose assigned area of responsibility is contiguous to the new dealer or dealership location. If no area of responsibility has been assigned then the supplier must give written notice of such an agreement by certified mail to the dealers or dealerships located within a seventy-five mile radius of the new dealer location.
[ 2002 c 236 s 9.]

catchline: Establishment of new dealership—Supplier's duties.


title: RCW 19.98.170

text:
(1) In the event a warranty claim is submitted by a dealer to a supplier while a dealer agreement is in effect, or after the termination of a dealer agreement, if the claim is for work performed before the effective date of the dealer agreement termination:
(a) A supplier shall fulfill any warranty agreement with each of its dealers for labor and parts relative to repairs of equipment covered by the terms of such an agreement.
(b) The supplier must approve or disapprove, in writing, any claim submitted by a dealer for warranty compensation for labor or parts within thirty days of receipt of such a claim by the supplier.
(c) The supplier must pay to the submitting dealer any approved dealer claim within thirty days following approval of such a claim.
(d) If a supplier disapproves a dealer warranty claim, the supplier must state the specific reasons for rejecting the claim in its written notification required by (b) of this subsection.
(e) A claim that is disapproved by the supplier based upon the dealer's failure to properly follow the procedural or technical requirements for submission of warranty claims may be resubmitted in proper form by the dealer within thirty days of receipt by the dealer of the supplier's notification of such a disapproval.
(f) A claim that is not specifically disapproved, in writing, by the supplier within thirty days following the supplier's receipt of such a claim is conclusively deemed to be approved and must be paid to the submitting dealer within thirty days following expiration of the notification period established in (b) of this subsection.
(g) A supplier may audit warranty claims submitted by its dealers for a period of up to one year following payment of the claims, and may charge back to its dealers any amounts paid based upon claims shown by audit to be false. The supplier has the right to adjust claims for errors discovered during the audit, and if necessary, to adjust claims paid in error.
(2) A supplier must compensate its dealers for warranty claims pursuant to the following schedule:
(a) Reasonable compensation must be made by the supplier for costs associated with diagnostic work, repair service, parts, and labor that are related to warranted repairs;
(b) Time allowances for diagnosis and performance of warranty work and service must be adequate for the work being performed;
(c) The hourly labor rate for which the dealer is compensated may not be less than the rate charged by the dealer for like services provided to nonwarranty customers for nonwarranted service; and
(d) Compensation for parts used in the performance of a warranted repair may not be less than the amount paid by the dealer to obtain the parts, plus a reasonable allowance for shipping and handling.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a supplier may withhold payment of a warranty claim as setoff against reasonable obligations otherwise owed by the dealer to the supplier.
(4) Notwithstanding the provisions of subsection (2) of this section, a dealer may accept the supplier's reimbursement terms and conditions in lieu of the terms and conditions set forth in subsection (2) of this section.
[ 2002 c 236 s 10.]

catchline: Warranty claims.


title: RCW 19.98.180

text:
A supplier may not audit a dealer's records with respect to any warranty claim submitted more than one year before the audit, unless a false claim is disclosed. However, the supplier has the right to audit warranty claims submitted more than one year before the audit when the audit discloses a false claim.
[ 2002 c 236 s 11.]

catchline: Audit of warranty claims.


title: RCW 19.98.190

text:
(1) In the event that the supplier fails to make payment in accordance with the terms of RCW 19.98.170 or violates any other provisions of RCW 19.98.170 or 19.98.180, a dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted to a supplier.
(2) In the event that the court finds that the supplier has failed to make payment in accordance with the terms of RCW 19.98.170 or has violated any other provisions of RCW 19.98.170 or 19.98.180, the court shall award the dealer costs and reasonable attorneys' fees.
[ 2002 c 236 s 12.]

catchline: Civil action—Award.


title: RCW 19.98.200

text:
(1) In the event a supplier requires the dealer to work on equipment to enhance the safe operation of the equipment, the supplier must reimburse the dealer for parts, labor, and transportation of equipment or personnel to perform the work on equipment covered by the requirements of the supplier.
(2) In the event a supplier requires the dealer to perform product improvement work on equipment, the supplier must reimburse the dealer for parts and labor.
(3) For purposes of this section, a supplier must compensate its dealers pursuant to the following schedule:
(a) The hourly labor rate for which the dealer is compensated may not be less than the rate charged by the dealer for like services provided; and
(b) Compensation for parts used in the performance of safety enhancements or product improvements as requested by the supplier may not be less than the amount paid by the dealer to obtain the parts, plus a reasonable allowance for shipping and handling.
(4) Notwithstanding the provisions of subsection (3) of this section, a dealer may accept the supplier's reimbursement terms and conditions in lieu of the terms and conditions set forth in subsection (3) of this section.
[ 2002 c 236 s 13.]

catchline: Supplier-required work.


title: RCW 19.98.210

text:
(1) Any party to a dealer agreement aggrieved by the conduct of the other party to the agreement with respect to the provisions of this chapter may seek arbitration of the issues involved in the decision of the other party under the provisions of *RCW 7.04.010 through 7.04.210. The arbitration is pursuant to the commercial arbitration rules of the American arbitration association. The findings and conclusions of the arbitrator or panel of arbitrators is binding upon both parties. Upon demand for arbitration by one party, it is presumed for purposes of the provisions of *RCW 7.04.010 through 7.04.210 that the parties have consented to arbitration, and that the costs of witness fees and other fees in the case, together with reasonable attorneys' fees, must be paid by the losing party.
(2) Notwithstanding subsection (1) of this section, any dealer has a cause of action against a supplier for damages sustained by the dealer as a consequence of the supplier's violation of any provisions of RCW 19.98.120 or 19.98.130, together with the actual costs of such action, including reasonable attorneys' fees.
(3) The dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or change in competitive circumstances as determined under subsection (1) of this section or by a court.
(4) The remedies set forth in this section may not be considered exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section.
[ 2002 c 236 s 14.]
Notes:
*Reviser's note: RCW 7.04.010 through 7.04.210 were repealed by 2005 c 433 s 50, effective January 1, 2006.

catchline: Arbitration—Dealer's cause of action against supplier—Remedies not exclusive.


title: RCW 19.98.900

text:
This act shall take effect on January 1, 1976.
[ 1975 1st ex.s. c 277 s 6.]

catchline: Effective date—1975 1st ex.s. c 277.


title: RCW 19.98.911

text:
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.
[ 1990 c 124 s 7.]

catchline: Severability—1990 c 124.


title: RCW 19.98.912

text:
This act shall take effect July 1, 1990, and shall apply to all dealer agreements then in effect that have no expiration date and are a continuing agreement and to all other dealer agreements entered into or renewed on or after July 1, 1990.
[ 1990 c 124 s 9.]

catchline: Effective date—Application—1990 c 124.


title: RCW 19.98.913

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 56.]

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


title: RCW 2.04.010

text:
The supreme court shall have original jurisdiction in habeas corpus and quo warranto and mandamus as to all state officers, and appellate jurisdiction in all actions and proceedings excepting that its appellate jurisdiction shall not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy or the value of the property does not exceed the sum of two hundred dollars, unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, or the validity of a statute. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or herself, or before the supreme court, or before any superior court of the state, or any judge thereof.
[ 2011 c 336 s 8; 1890 p 322 s 6; RRS s 1.]
Notes:
Rules of court: Cf. RAP 4.2, 4.3, 18.22; Titles 2 and 16 RAP.
Jurisdiction of supreme court: State Constitution Art. 4 s 4.

catchline: Jurisdiction.


title: RCW 2.04.020

text:
The supreme court shall be a court of record, and shall be vested with all power and authority necessary to carry into complete execution all its judgments, decrees and determinations in all matters within its jurisdiction, according to the rules and principles of the common law, and the Constitution and laws of this state.
[ 1890 p 323 s 10; RRS s 2.]
Notes:
Courts of record: State Constitution Art. 4 s 11.
Judicial power, where vested: State Constitution Art. 4 s 1.

catchline: Court of record—General powers.


title: RCW 2.04.030

text:
The supreme court and the court of appeals shall always be open for the transaction of business except on Saturdays, Sundays, and legal holidays designated by the legislature.
[ 1971 ex.s. c 107 s 1; 1909 p 36 s 7; RRS s 4. Prior: 1890 p 322 s 4, part.]
Notes:
Rules of court: SAR-Rule 4.
Legal holidays: RCW 1.16.050.

catchline: Supreme court and court of appeals—When open.


title: RCW 2.04.031

text:
If proper rooms in which to hold the court, and for the accommodation of the officers thereof, are not provided by the state, together with attendants, furniture, fuel, lights, record books and stationery, suitable and sufficient for the transaction of business, the court, or any three justices thereof, may direct the clerk of the supreme court to provide the same; and the expense thereof, certified by any three justices to be correct, shall be paid out of the state treasury out of any funds therein not otherwise appropriated. Such moneys shall be subject to the order of the clerk of the supreme court, and be by him or her disbursed on proper vouchers, and accounted for by him or her in annual settlements with the governor.
[ 2011 c 336 s 9; 1973 c 106 s 1; 1955 c 38 s 1; 1890 p 322 s 4; RRS s 3.]

catchline: Court facilities.


title: RCW 2.04.040

text:
Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the court from sitting at any time.
[ 1890 p 323 s 7; RRS s 5.]
Notes:
Rules of court: SAR-Rule 5.

catchline: Effect of adjournments.


title: RCW 2.04.050

text:
Its process shall run in the name of the "State of Washington," bear test in the name of the chief justice, be signed by the clerk of the court, dated when issued, sealed with the seal of the court, and made returnable according to law, or such rule or orders as may be prescribed by the court.
[ 1890 p 323 s 11; RRS s 6.]
Notes:
Rules of court: SAR-Rule 2.

catchline: Style of process.


title: RCW 2.04.070

text:
The supreme court, from and after February 26, 1909, shall consist of nine judges.
[ 1909 c 24 s 1; RRS s 11036. FORMER PARTS OF SECTION: 1911 c 119 s 1; 1909 c 24 s 2; RRS s 11039; now codified in RCW 2.04.071. Prior: (i) 1905 c 5 s 1; 1890 p 321 s 1; RRS s 11035. (ii) 1893 c 5 s 1; RRS 11037. (iii) 1905 c 5 s 3; RRS s 11038.]

catchline: Number of judges.


title: RCW 2.04.071

text:
At the next general election, and at each biennial general election thereafter, there shall be elected three justices of the supreme court, to hold for the full term of six years, and until their successors are elected and qualified, commencing with the second Monday in January succeeding their election.
[ 1971 c 81 s 1; 1911 c 119 s 1; 1909 c 24 s 2; RRS s 11039. Formerly RCW 2.04.070, part.]
Notes:
Election and terms, supreme court judges: State Constitution Art. 4 s 3.
Eligibility of judges: State Constitution Art. 4 s 17.
Forfeiture of office for absence: State Constitution Art. 4 s 8.
Impeachment: State Constitution Art. 5.
Judge may not practice law: State Constitution Art. 4 s 19.
Judges ineligible to other office: State Constitution Art. 4 s 15.

catchline: Election—Term of office.


title: RCW 2.04.080

text:
The several justices of the supreme court, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully and impartially discharge the duties of the office of judge of the supreme court of the State of Washington to the best of my ability." Which oath or affirmation may be administered by any person authorized to administer oaths, a certificate whereof shall be affixed thereto by the person administering the oath. And the oath or affirmation so certified shall be filed in the office of the secretary of state.
[ 1971 c 81 s 2; 1890 p 324 s 14; RRS s 11043.]
Notes:
Oath of judges: State Constitution Art. 4 s 28.

catchline: Oath of office.


title: RCW 2.04.092

text:
The annual salary of justices of the supreme court shall be established by the Washington citizens' commission on salaries for elected officials. No salary warrant may be issued to a justice of the supreme court until the justice files with the state treasurer an affidavit that no matter referred to the justice for opinion or decision has been uncompleted or undecided for more than six months.
[ 1986 c 155 s 4; 1984 c 258 s 401.]
Notes:
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Salaries of judicial officers: State Constitution Art. 4 ss 13, 14; Art. 28 s 1; Art. 30 s 1.
Washington citizens' commission on salaries for elected officials: RCW 43.03.305.

catchline: Salary of justices.


title: RCW 2.04.100

text:
If a vacancy occurs in the office of a justice of the supreme court, the governor shall appoint a person to hold the office until the election and qualification of a justice to fill the vacancy, which election shall take place at the next succeeding general election, and the justice so elected shall hold the office for the remainder of the unexpired term.
[ 1971 c 81 s 3; 1955 c 38 s 2. Prior: 1937 c 15 s 1; 1893 c 5 s 2; 1890 p 321 s 3; RRS s 11044.]

catchline: Vacancy, how filled.


title: RCW 2.04.110

text:
Each of the justices of the supreme court, judges of the court of appeals, and the judges of the superior courts shall in open court during the presentation of causes, before them, appear in and wear gowns, made of black silk, of the usual style of judicial gowns.
[ 1971 c 81 s 4; 1909 c 206 s 1; RRS s 11054. Formerly RCW 2.04.110, 2.08.130.]

catchline: Justices, judges to wear gowns.


title: RCW 2.04.150

text:
The chief justice shall from time to time apportion the business to the departments, and may, in his or her discretion, before a decision is pronounced, order any cause pending before the court to be heard and determined by the court en banc. When a cause has been allotted to one of the departments and a decision pronounced therein, the chief justice, together with any two associate judges, may order such cause to be heard and decided by the court en banc. Any four judges may, either before or after decision by a department, order a cause to be heard en banc.
[ 2011 c 336 s 10; 1909 c 24 s 4, part; RRS s 9.]
Notes:
Rules of court: SAR 4.

catchline: Apportionment of business—En banc hearings.


title: RCW 2.04.180

text:
The supreme court may from time to time institute such rules of practice and prescribe such forms of process to be used in such court and in the court en banc and each of its departments, and for the keeping of the dockets, records and proceedings, and for the regulation of such court, including the court en banc and in departments, as may be deemed most conducive to the due administration of justice.
[ 1909 c 24 s 8; 1890 p 323 s 12; RRS s 13.]
Notes:
Rules of court: Cf. Title 1 RAP and RAP 18.10.

catchline: Rules of practice and forms of process in supreme court.


title: RCW 2.04.190

text:
The supreme court shall have the power to prescribe, from time to time, the forms of writs and all other process, the mode and manner of framing and filing proceedings and pleadings; of giving notice and serving writs and process of all kinds; of taking and obtaining evidence; of drawing up, entering and enrolling orders and judgments; and generally to regulate and prescribe by rule the forms for and the kind and character of the entire pleading, practice and procedure to be used in all suits, actions, appeals and proceedings of whatever nature by the supreme court, superior courts, and district courts of the state. In prescribing such rules the supreme court shall have regard to the simplification of the system of pleading, practice and procedure in said courts to promote the speedy determination of litigation on the merits.
[ 1987 c 202 s 101; 1925 ex.s. c 118 s 1; RRS s 13-1.]
Notes:
Rules of court: Cf. Title 1 RAP.
Intent—1987 c 202: "The legislature intends to:
(1) Make the statutes of the state consistent with rules adopted by the supreme court governing district courts; and
(2) Delete or modify archaic, outdated, and superseded language and nomenclature in statutes related to the district courts." [ 1987 c 202 s 1.]
Court of appeals—Rules of administration and procedure: RCW 2.06.030.

catchline: Rules of pleading, practice, and procedure generally.


title: RCW 2.04.200

text:
When and as the rules of courts herein authorized shall be promulgated all laws in conflict therewith shall be and become of no further force or effect.
[ 1925 ex.s. c 118 s 2; RRS s 13-2.]
Notes:
Rules of court: Cf. CR 81(b), RAP 1.1(g).

catchline: Effect of rules upon statutes.


title: RCW 2.04.210

text:
RCW 2.04.190 through 2.04.210 shall not be construed to deprive the superior courts of power to establish rules for their government supplementary to and not in conflict with the rules prescribed by the supreme court.
[ 1925 ex.s. c 118 s 3; RRS s 13-3.]
Notes:
Rules of court: Cf. CR 83(a); Cf. RAP 1.1.
Rules for government of superior courts: RCW 2.08.230, 2.16.040.

catchline: Supplementary superior court rules.


title: RCW 2.04.215

text:
By January 1, 1982, the supreme court shall adopt rules for settlement conferences in civil cases in such superior courts and the court of appeals which are amenable to the settlement conference process.
[ 1981 c 331 s 5.]
Notes:
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.
Adoption of rules for discovery in civil cases in courts of limited jurisdiction: RCW 3.02.050.

catchline: Adoption of rules for settlement conferences in civil cases.


title: RCW 2.04.220

text:
The judgments and decrees of the supreme court shall be final and conclusive upon all the parties properly before the court.
[ 1890 p 323 s 8; RRS s 14.]
Notes:
Rules of court: SAR-Rule 3.

catchline: Effect of supreme court judgments.


title: RCW 2.04.230

text:
The judges of the supreme court shall, on or before the first day of January in each year, report in writing to the governor such defects and omissions in the laws as they may believe to exist.
[ 1890 p 324 s 16; RRS s 11042.]
Notes:
Annual report to governor: State Constitution Art. 4 s 25.
Court of appeals—Reporting defects or omissions in the laws: RCW 2.06.110.

catchline: Report to governor.


title: RCW 2.04.240

text:
(1) DECLARATION OF POLICY. Whenever necessary for the prompt and orderly administration of justice, as authorized and empowered by Article IV, section 2(a), Amendment 38, of the state Constitution, a majority of the supreme court may appoint any regularly elected and qualified judge of the court of appeals or the superior court or any retired judge of a court of record in this state to serve as judge pro tempore of the supreme court.
(2) If the term of a justice of the supreme court expires with cases or other judicial business pending, the chief justice of the supreme court may appoint the justice to serve as judge pro tempore of the supreme court, whenever necessary for the prompt and orderly administration of justice. No justice may be appointed under this subsection more than one time and no appointment may exceed sixty days.
(3) Before entering upon his or her duties as judge pro tempore of the supreme court, the appointee shall take and subscribe an oath of office as provided for in Article IV, section 28 of the state Constitution.
[ 1997 c 88 s 1; 1982 c 72 s 1; 1963 c 40 s 1.]
Notes:
Rules of court: SAR 21.

catchline: Judge pro tempore—Declaration of policy—Appointment—Oath of office.


title: RCW 2.04.250

text:
(1) A judge of the court of appeals or of the superior court serving as a judge pro tempore of the supreme court as provided in RCW 2.04.240 shall receive, in addition to his or her regular salary, reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060.
(2) A retired judge of a court of record in this state serving as a judge pro tempore of the supreme court as provided in RCW 2.04.240 shall receive, in addition to any retirement pay he or she may be receiving, the following compensation and expenses:
(a) Reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060.
(b) During the period of his or her service as a judge pro tempore, an amount equal to the salary of a regularly elected judge of the court in which he or she last served for such period diminished by the amount of retirement pay accrued to him or her for such period.
(3) Whenever a superior court judge is appointed to serve as judge pro tempore of the supreme court and a visiting judge is assigned to replace him or her, subsistence, lodging, and travel expenses incurred by such visiting judge as a result of such assignment shall be paid in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060, upon application of such judge from the appropriation of the supreme court.
(4) A justice appointed as judge pro tempore of the supreme court under RCW 2.04.240(2) shall continue to receive compensation in accordance with the rates applicable to the justice immediately before the expiration of the term.
(5) The provisions of RCW 2.04.240(1) and 2.04.250 (1) through (3) shall not be construed as impairing or enlarging any right or privilege acquired in any retirement or pension system by any judge or his or her dependents.
[ 1997 c 88 s 2; 1982 c 72 s 2; 1981 c 186 s 1; 1963 c 40 s 2.]

catchline: Judge pro tempore—Remuneration.


title: RCW 2.04.260

text:
(1) Bailiffs of the supreme court are authorized to conduct threat assessments on behalf of supreme court justices. The supreme court shall ensure that supreme court bailiffs are qualified by training and experience.
(2) Bailiffs of the supreme court are authorized to receive criminal history record information that includes nonconviction data for purposes exclusively related to the investigation of any person making a threat as defined in RCW 9A.04.110 against a supreme court justice. Dissemination or use of criminal history records or nonconviction data for purposes other than authorized in this section is prohibited.
(3) Founded threats investigated under this section must be referred to local law enforcement for further action. Local law enforcement is authorized to report the outcome and any anticipated action to bailiffs of the supreme court.
[ 2024 c 303 s 1.]

catchline: Bailiffs—Threat assessments and investigations.


title: RCW 2.06.010

text:
There is hereby established a court of appeals as a court of record. For the purpose of RCW 2.06.010 through 2.06.100 the following terms shall have the following meanings:
(1) "Rules" means rules of the supreme court.
(2) "Chief justice" means chief justice of the supreme court.
(3) "Court" means court of appeals.
(4) "Judge" means judge of the court of appeals.
(5) "Division" means a division of the court of appeals.
(6) "District" means a geographic subdivision of a division from which judges of the court of appeals are elected.
(7) "General election" means the biennial election at which members of the house of representatives are elected.
[ 1969 ex.s. c 221 s 1.]

catchline: Court of appeals established—Definitions.


title: RCW 2.06.020

text:
The court shall have three divisions, one of which shall be headquartered in Seattle, one of which shall be headquartered in Spokane, and one of which shall be headquartered in Tacoma:
(1) The first division shall have twelve judges from three districts, as follows:
(a) District 1 shall consist of King county and shall have eight judges;
(b) District 2 shall consist of Snohomish county and shall have two judges; and
(c) District 3 shall consist of Island, San Juan, Skagit, and Whatcom counties and shall have two judges.
(2) The second division shall have eight judges from the following districts:
(a) District 1 shall consist of Pierce county and shall have three judges;
(b) District 2 shall consist of Clallam, Grays Harbor, Jefferson, Kitsap, Mason, and Thurston counties and shall have three judges;
(c) District 3 shall consist of Clark, Cowlitz, Lewis, Pacific, Skamania, and Wahkiakum counties and shall have two judges.
(3) The third division shall have five judges from the following districts:
(a) District 1 shall consist of Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens counties and shall have two judges;
(b) District 2 shall consist of Adams, Asotin, Benton, Columbia, Franklin, Garfield, Grant, Walla Walla, and Whitman counties and shall have one judge;
(c) District 3 shall consist of Chelan, Douglas, Kittitas, Klickitat, and Yakima counties and shall have two judges.
[ 2009 c 77 s 1; 1999 c 75 s 1; 1993 c 420 s 1; 1989 c 328 s 10; 1977 ex.s. c 49 s 1; 1969 ex.s. c 221 s 2.]
Notes:
Rules of court: Cf. RAP 4.1(b).
Judicial position contingent on funding—2009 c 77: "The judicial position created by *section 1, chapter 77, Laws of 2009 shall become effective only if that position is specifically funded and is referenced by division and district in an omnibus appropriations act." [ 2009 c 77 s 2.]
*Reviser's note: The judicial position created by section 1, chapter 77, Laws of 2009 was not referenced in a 2009 omnibus appropriations act.
Effective date—1993 c 420: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993]." [ 1993 c 420 s 3.]
Intent—1989 c 328: See note following RCW 2.08.061.
Appointments to positions created by the amendment to this section by 1977 ex.s. c 49 s 1: RCW 2.06.075.


title: RCW 2.06.022

text:
The new judicial position for the first division, district 2, Snohomish county created pursuant to the 1989 amendment to RCW 2.06.020 shall become effective January 1, 1990, and shall be filled by gubernatorial appointment.
The person appointed by the governor shall hold office until the general election to be held in November 1990. At the general election, the judge appointed shall be entitled to run for a term of six years or until the second Monday in January 1997, and until a successor is elected and qualified. Thereafter, the judge shall be elected for a term of six years and until a successor is elected and qualified, commencing with the second Monday in January succeeding the election.
[ 1989 c 328 s 11.]
Notes:
Intent—1989 c 328: See note following RCW 2.08.061.

catchline: Effective date for Snohomish county judicial position—Initial term.


title: RCW 2.06.024

text:
The new judicial position for the second division, district 1, Pierce county, created pursuant to the 1999 amendment to RCW 2.06.020 shall become effective July 1, 2000, and shall be filled by gubernatorial appointment.
The person appointed by the governor shall hold office until the general election to be held in November 2000. At the general election, the judge appointed shall be entitled to run for a term of six years or until the second Monday in January 2007, and until a successor is elected and qualified. Thereafter, the judge shall be elected for a term of six years and until a successor is elected and qualified, commencing with the second Monday in January succeeding the election.
[ 1999 c 75 s 2.]

catchline: Effective date for Pierce county judicial position—Initial term.


title: RCW 2.06.030

text:
The administration and procedures of the court shall be as provided by rules of the supreme court. The court shall be vested with all power and authority, not inconsistent with said rules, necessary to carry into complete execution all of its judgments, decrees and determinations in all matters within its jurisdiction, according to the rules and principles of the common law and the Constitution and laws of this state.
For the prompt and orderly administration of justice, the supreme court may (1) transfer to the appropriate division of the court for decision a case or appeal pending before the supreme court; or (2) transfer to the supreme court for decision a case or appeal pending in a division of the court.
Subject to the provisions of this section, the court shall have exclusive appellate jurisdiction in all cases except:
(a) cases of quo warranto, prohibition, injunction or mandamus directed to state officials;
(b) criminal cases where the death penalty has been decreed;
(c) cases where the validity of all or any portion of a statute, ordinance, tax, impost, assessment or toll is drawn into question on the grounds of repugnancy to the Constitution of the United States or of the state of Washington, or to a statute or treaty of the United States, and the superior court has held against its validity;
(d) cases involving fundamental and urgent issues of broad public import requiring prompt and ultimate determination; and
(e) cases involving substantive issues on which there is a direct conflict among prevailing decisions of panels of the court or between decisions of the supreme court;
all of which shall be appealed directly to the supreme court: PROVIDED, That whenever a majority of the court before which an appeal is pending, but before a hearing thereon, is in doubt as to whether such appeal is within the categories set forth in subsection (d) or (e) of this section, the cause shall be certified to the supreme court for such determination.
The appellate jurisdiction of the court of appeals does not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy, or the value of the property does not exceed the sum of two hundred dollars.
The court shall have appellate jurisdiction over review of final decisions of administrative agencies certified by the superior court pursuant to RCW 34.05.518.
Appeals from the court to the supreme court shall be only at the discretion of the supreme court upon the filing of a petition for review. No case, appeal or petition for a writ filed in the supreme court or the court shall be dismissed for the reason that it was not filed in the proper court, but it shall be transferred to the proper court.
[ 1980 c 76 s 3; 1979 c 102 s 1; 1969 ex.s. c 221 s 3.]
Notes:
Rules of court: Cf. Titles 1 and 4 RAP, RAP 18.22.
Severability—1979 c 102: See note following RCW 3.66.020.

catchline: General powers and authority—Transfers of cases—Appellate jurisdiction, exceptions—Appeals.


title: RCW 2.06.040

text:
The court shall sit in panels of three judges and decisions shall be rendered by not less than a majority of the panel. In the determination of causes all decisions of the court shall be given in writing and the grounds of the decisions shall be stated. All decisions of the court having precedential value shall be published as opinions of the court. Each panel shall determine whether a decision of the court has sufficient precedential value to be published as an opinion of the court. Decisions determined not to have precedential value shall not be published. Judges of the respective divisions may sit in other divisions, causes may be transferred between divisions, and the court may hold sessions in cities, as provided by rule.
The court may establish rules supplementary to and not in conflict with rules of the supreme court.
[ 2023 c 184 s 1; 2007 c 34 s 1; 1987 c 43 s 1; 1984 c 258 s 91; 1971 c 41 s 1; 1969 ex.s. c 221 s 4.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Panels—Decisions, publication as opinions, when—Sessions—Rules.


title: RCW 2.06.050

text:
A judge of the court shall be:
(1) Admitted to the practice of law in the courts of this state not less than five years prior to taking office.
(2) A resident for not less than one year at the time of appointment or initial election in the district for which his or her position was created.
[ 2011 c 336 s 11; 1969 ex.s. c 221 s 5.]

catchline: Qualifications of judges.


title: RCW 2.06.062

text:
The annual salary of the judges of the court of appeals shall be established by the Washington citizens' commission on salaries for elected officials. No salary warrant may be issued to any judge until the judge files with the state treasurer an affidavit that no matter referred to the judge for opinion or decision has been uncompleted for more than six months.
[ 1986 c 155 s 5; 1984 c 258 s 402.]
Notes:
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Washington citizens' commission on salaries for elected officials: RCW 43.03.305.

catchline: Salary of judges.


title: RCW 2.06.064

text:
The court of appeals is authorized to adopt rules providing for the reimbursement of work-related travel expenses from a judge's customary residence to the division headquarters of the court and back. Judges elected from or residing in the county in which the division is headquartered are not eligible for reimbursement under this section. The rates of reimbursement are as set forth in RCW 43.03.050 and 43.03.060.
[ 2007 c 34 s 2.]

catchline: Reimbursement of expenses for travel to and from division headquarters.


title: RCW 2.06.070

text:
Upon the taking effect of RCW 2.06.010 through 2.06.100, the governor shall appoint the judges of the court of appeals for each district in the numbers provided in RCW 2.06.020, who shall hold office until the second Monday in January of the year following the first state general election following the effective date of this act. In making the original appointments the governor shall take into consideration such factors as: Personal character; intellect; ability; diversity of background of experience in the practice of the law; diversity of political philosophy; diversity of educational experience; and diversity of affiliation with social and economic groups, for the purpose of establishing a balanced appellate court with the highest quality of personnel. At the first state general election after the effective date of this act there shall be elected from each district the number of judges provided for in RCW 2.06.020. Upon taking office the judges of each division elected shall come together at the direction of the chief justice and be divided by lot into three equal groups; those of the first group shall hold office until the second Monday in January of 1973, those of the second group shall hold office until the second Monday in January of 1975, and those of the third group shall hold office until the second Monday in January of 1977, and until their successors are elected and qualified. Thereafter, judges shall be elected for the full term of six years and until their successors are elected and qualified, commencing with the second Monday in January succeeding their election: PROVIDED, HOWEVER, That if the governor shall make appointments to the appellate court from membership of the superior court, the governor shall, in making appointments filling vacancies created in the superior courts by such action, take into consideration such factors as: Personal character; intellect; ability; diversity of background of experience in the practice of the law; diversity of political philosophy; diversity of educational experience; and diversity of affiliation with social and economic groups, for the purpose of maintaining a balanced superior court with the highest quality of personnel.
[ 1969 ex.s. c 221 s 7.]
Notes:
Effective date—1969 ex.s. c 221: The effective date of this act [1969 ex.s. c 221] is May 8, 1969, see preface to 1969 session laws.

catchline: Original appointments—Election of judges—Terms of office.


title: RCW 2.06.075

text:
The new judicial positions created pursuant to section 1, chapter 49, Laws of 1977 ex. sess. shall become effective January 1, 1978 and shall be filled by gubernatorial appointment as follows:
(1) Two shall be appointed to the first division, District 1, King county;
(2) One shall be appointed to the second division, District 1, Pierce county; and
(3) One shall be appointed to the third division, District 1, Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens counties.
The persons appointed by the governor shall hold office until the general election to be held in November 1978. Upon taking office the two newly appointed judges in Division 1 shall determine by lot the length of term they will be entitled to run for in the general election of 1977. One term will be for one year or until the second Monday in January 1980, and the other for three years or until the second Monday in January 1982, and until their successors are elected and qualified. Thereafter judges shall be elected for a term of six years and until their successors are elected and qualified, commencing with the second Monday in January succeeding their election. At the general election to be held in November 1978, the judges appointed in Division 2 and Division 3 shall be entitled to run for a term of six years or until the second Monday in January 1985, and until their successors are elected and qualified. Thereafter judges shall be elected for a term of six years and until their successors are elected and qualified, commencing with the second Monday in January succeeding their election.
[ 1977 ex.s. c 49 s 3.]

catchline: Appointments to positions created by 1977 ex.s. c 49 s 1—Election—Terms of office.


title: RCW 2.06.076

text:
(1) Any judicial position created by *section 1, chapter 420, Laws of 1993 shall be effective only if that position is specifically funded and is referenced by division and district in an omnibus appropriations act.
(2)(a) The full term of office for the judicial positions authorized pursuant to chapter 420, Laws of 1993 shall be six years.
(b) The authorized judicial positions shall be filled at the general election in the November immediately preceding the beginning of the full term except as provided in (d) and (e) of this subsection.
(c) The six-year terms shall be staggered as follows: In the first division, the initial full terms of six years for the two positions in district 1 shall begin the second Monday in January following the general election held in November 2000. If the effective date for the judicial positions are later than the deadline to include it in the November 2000 election, the initial full term shall begin the second Monday in January following the general election held in November 2006.
(d) Upon becoming effective pursuant to subsection (1) of this section, the governor shall appoint judges to the additional judicial positions authorized in section 1, chapter 420, Laws of 1993. The appointed judges shall hold office until the second Monday in January following the general election following the effective date of the position. The appointed judges and other judicial candidates are entitled to run for the judicial position at the general election following appointment.
(e) The initial election for these positions shall be held in November following the effective date of the position. If the initial election of a newly authorized position is not held on a date which corresponds to the beginning of a full term as specified in (c) of this subsection, the election shall be for a partial term.
[ 1998 c 26 s 1; 1993 c 420 s 2.]
Notes:
*Reviser's note: Section 1, chapter 420, Laws of 1993 was not referenced in a 1993 omnibus appropriations act.
Effective date—1993 c 420: See note following RCW 2.06.020.

catchline: Appointments to positions created by 1993 c 420 s 1—Election—Appointment—Terms of office.


title: RCW 2.06.080

text:
If a vacancy occurs in the office of a judge of the court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election and the judge so elected shall hold the office for the remainder of the unexpired term.
[ 1969 ex.s. c 221 s 8.]

catchline: Vacancy, how filled.


title: RCW 2.06.085

text:
The several judges of the court of appeals, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully and impartially discharge the duties of the office of judge of the court of appeals of the State of Washington to the best of my ability." Which oath or affirmation may be administered by any person authorized to administer oaths, a certificate whereof shall be affixed thereto by the person administering the oath. And the oath or affirmation so certified shall be filed in the office of the secretary of state.
[ 1971 c 81 s 182.]

catchline: Oath of judges.


title: RCW 2.06.090

text:
No judge, while in office, shall engage in the practice of law. No judge shall run for elective office other than a judicial office during the term for which he or she was elected.
[ 2011 c 336 s 12; 1969 ex.s. c 221 s 9.]

catchline: Practice of law, seeking nonjudicial elective office prohibited.


title: RCW 2.06.100

text:
Judges shall retire at the age, and under the conditions and with the same retirement benefits as specified by law for the retirement of justices of the supreme court.
[ 1969 ex.s. c 221 s 10.]

catchline: Retirement.


title: RCW 2.06.110

text:
Court of appeals judges shall, on or before the first day of November in each year, report in writing to the justices of the supreme court, such defects and omissions in the laws as their experience may suggest.
[ 1971 ex.s. c 107 s 6.]

catchline: Reporting defects or omissions in the laws.


title: RCW 2.06.150

text:
(1) Whenever necessary for the prompt and orderly administration of justice, the chief judge of any division of the court of appeals may appoint any regularly elected and qualified judge of a court of general jurisdiction, any retired judge of the court of appeals, or any active or retired justice of the supreme court of this state to serve as judge pro tempore of the court of appeals to sit within that division: PROVIDED, HOWEVER, That no judge pro tempore appointed to serve on the court of appeals under this subsection may serve more than ninety days in any one year.
(2) If the term of a judge of the court of appeals expires with cases or other judicial business pending, the chief judge of the division of the court of appeals from which the term expired, may appoint the judge to serve as judge pro tempore of the court of appeals to sit within that division to complete his or her cases or other judicial business.
(3) Before entering upon his or her duties as judge pro tempore of the court of appeals, the appointee shall take and subscribe an oath of office as provided for in Article IV, section 28 of the state Constitution.
[ 2022 c 63 s 1; 1997 c 88 s 3; 1977 ex.s. c 49 s 2; 1973 c 114 s 1.]
Notes:
Judge pro tempore appointments: RCW 2.56.170.

catchline: Judge pro tempore—Appointment—Oath of office.


title: RCW 2.06.160

text:
(1) A judge of a court of record serving as a judge pro tempore of the court of appeals, as provided in RCW 2.06.150, shall receive, in addition to his or her regular salary, reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060.
(2) A retired judge of a court of record in this state serving as a judge pro tempore of the court of appeals, as provided in RCW 2.06.150, shall receive, in addition to any retirement pay he or she may be receiving, the following compensation and expenses:
(a) Reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060; and
(b) During the period of his or her service as judge pro tempore, he or she shall receive as compensation sixty percent of one-two hundred and fiftieth of the annual salary of a court of appeals judge for each day of service: PROVIDED, HOWEVER, That the total amount of combined compensation received as salary and retirement by any judge in any calendar year shall not exceed the yearly salary of a full time judge.
(3) Whenever a judge of a court of record is appointed to serve as judge pro tempore of the court of appeals and a visiting judge is assigned to replace him or her, subsistence, lodging, and travel expenses incurred by such visiting judge as a result of such assignment shall be paid in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060, upon application of such judge from the appropriation of the court of appeals.
(4) A judge appointed as judge pro tempore of the court of appeals under RCW 2.06.150(2) shall continue to receive compensation in accordance with the rates applicable to the judge immediately before the expiration of the term.
(5) The provisions of RCW 2.06.150(1) and 2.06.160 (1) through (3) shall not be construed as impairing or enlarging any right or privilege acquired in any retirement or pension system by any judge or his or her dependents.
[ 1997 c 88 s 4; 1981 c 186 s 2; 1973 c 114 s 2.]

catchline: Judge pro tempore—Remuneration.


title: RCW 2.06.170

text:
(1) Bailiffs of the court of appeals are authorized to conduct threat assessments on behalf of court of appeals judicial officers and staff members. The court of appeals shall ensure that court of appeals bailiffs are qualified by training and experience if they perform these duties.
(2) Bailiffs of the court of appeals are authorized to receive criminal history record information that includes nonconviction data for purposes exclusively related to the investigation of any person making a threat as defined in RCW 9A.04.110 against a court of appeals judicial officer or staff member. Dissemination or use of criminal history records or nonconviction data for purposes other than authorized in this section is prohibited.
(3) Founded threats investigated under this section must be referred to local law enforcement for further action. Local law enforcement is authorized to report the outcome and any anticipated action to bailiffs of the court of appeals.
[ 2026 c 111 s 1.]

catchline: Bailiffs—Threat assessments and investigations.


title: RCW 2.08.010

text:
The superior court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand or the value of the property in controversy amounts to three hundred dollars, and in all criminal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate, of divorce and for annulment of marriage, and for such special cases and proceedings as are not otherwise provided for; and shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court, and shall have the power of naturalization and to issue papers therefor. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition and writs of habeas corpus on petition by or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition and of habeas corpus may be issued on legal holidays and nonjudicial days.
[ 1955 c 38 s 3; 1890 p 342 s 5; RRS s 15.]
Notes:
Jurisdiction of superior courts: State Constitution Art. 4 s 6 (Amendment 28).

catchline: Original jurisdiction.