title: RCW 3.34.110

text:
(1) A district court judicial officer shall not preside in any of the following cases:
(a) In an action to which the judicial officer is a party, or in which the judicial officer is directly interested, or in which the judicial officer has been an attorney for a party.
(b) When the judicial officer or one of the parties believes that the parties cannot have an impartial trial or hearing before the judicial officer. The judicial officer shall disqualify himself or herself under the provisions of this section if, before any discretionary ruling has been made, a party files an affidavit that the party cannot have a fair and impartial trial or hearing by reason of the interest or prejudice of the judicial officer. The following are not considered discretionary rulings: (i) The arrangement of the calendar; (ii) the setting of an action, motion, or proceeding for hearing or trial; (iii) the arraignment of the accused; or (iv) the fixing of bail and initially setting conditions of release. Only one change of judicial officer is allowed each party in an action or proceeding.
(2) When a judicial officer is disqualified under this section, the case shall be heard before another judicial officer of the same county.
(3) For the purposes of this section, "judicial officer" means a judge, judge pro tempore, or court commissioner.
[ 2008 c 227 s 7; 1984 c 258 s 17; 1961 c 299 s 20.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.


doc_type: statute

jurisdiction: wa

title: RCW 3.34.120

text:
The partner and associates of a judge who is a lawyer shall not practice law before the judge.
[ 1984 c 258 s 18; 1961 c 299 s 21.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: District judges—Disqualification of partners.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 3.34.130

text:
(1) In addition to the designation of a presiding judge pro tempore for a single judge court as provided in RCW 3.34.150(2), each district court shall designate one or more persons as judge pro tempore who shall serve during the temporary absence, disqualification, or incapacity of a district judge or to serve as an additional judge for excess caseload or special set cases. The qualifications of a judge pro tempore shall be the same as for a district judge, except that with respect to RCW 3.34.060(1), the person appointed need only be a registered voter of the state. A district that has a population of not more than ten thousand and that has no person available who meets the qualifications under *RCW 3.34.060(2) (a) or (b), may appoint as a pro tempore judge a person who has taken and passed the qualifying examination for the office of district judge as is provided by rule of the supreme court. A judge pro tempore may sit in any district of the county for which he or she is appointed. A judge pro tempore shall be paid the salary authorized by the county legislative authority.
(2) For each day that a judge pro tempore serves in excess of thirty days during any calendar year, the annual salary of the district judge in whose place the judge pro tempore serves shall be reduced by an amount equal to one-two hundred fiftieth of such salary: PROVIDED, That each full time district judge shall have up to fifteen days annual leave without reduction for service on judicial commissions established by the legislature or the chief justice of the supreme court. No reduction in salary shall occur when a judge pro tempore serves:
(a) While a district judge is using sick leave granted in accordance with RCW 3.34.100;
(b) While a district court judge is disqualified from serving following the filing of an affidavit of prejudice;
(c) As an additional judge for excess case load or special set cases; or
(d) While a district judge is otherwise involved in administrative, educational, or judicial functions related to the performance of the judge's duties: PROVIDED, That the appointment of judge pro tempore authorized under subsection (2)(c) and (d) of this section is subject to an appropriation for this purpose by the county legislative authority.
(3) The legislature may appropriate money for the purpose of reimbursing counties for the salaries of judges pro tempore for certain days in excess of thirty worked per year that the judge pro tempore was required to work as the result of service by a judge on a commission as authorized under subsection (2) of this section. No later than September 1 of each year, each county treasurer shall certify to the administrator for the courts for the year ending the preceding June 30, the number of days in excess of thirty that any judge pro tempore was required to work as the result of service by a judge on a commission as authorized under subsection (2) of this section. Upon receipt of the certification, the administrator for the courts shall reimburse the county from money appropriated for that purpose.
[ 2022 c 74 s 7; 1996 c 16 s 1; 1994 c 18 s 1; 1993 c 330 s 1; 1986 c 161 s 4; 1984 c 258 s 302; 1984 c 258 s 19; 1983 c 195 s 2; 1981 c 331 s 9; 1961 c 299 s 22.]
Notes:
*Reviser's note: RCW 3.34.060 was amended by 2002 c 136 s 1, deleting subsection (2)(b).
Severability—1986 c 161: See note following RCW 43.03.010.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Legislative intent—1984 c 258 ss 302-340: "It is the intent of the legislature to assure accountability, uniformity, economy, and efficiency in the collection and distribution by superior, district, and municipal courts of fees, fines, forfeitures, and penalties assessed and collected for violations of state, statutes, and county, city, and town ordinances." [ 1984 c 258 s 301.]
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.

catchline: District judges pro tempore—Reduction in salary of replaced judges—Exception—Reimbursement of counties.


title: RCW 3.34.140

text:
Any district judge may hold a session in any district in the state, at the request of the judge or majority of judges in the district if the visiting judge determines that the state of business in his or her district allows the judge to be absent. The county legislative authority in which the district court is located shall first approve the temporary absence and the judge pro tempore shall not be required to serve during the judge's absence. A visiting judge shall be entitled to 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 as now or hereafter amended while so acting, to be paid by the visited district. These expenses shall not be paid to the visiting judge unless the legislative authority of the county in which the visited district is located has approved the payment before the visit. In addition a visiting part-time district court judge, when not serving in a judicial capacity in his or her district, shall be entitled to compensation for judicial services so long as the legislative authority of the county in which the visited district is located has approved the payment before the visit.
[ 2010 c 191 s 1; 1984 c 258 s 20; 1981 c 186 s 5; 1961 c 299 s 23.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Exchange of district judges—Reimbursement for expenses.


title: RCW 3.34.150

text:
(1) If a district has more than one judge, the supreme court may by rule provide for the manner of selection of one of the judges to serve as presiding judge and prescribe the presiding judge's duties. If a county has multiple districts or has one district with multiple electoral districts, the supreme court may by rule provide for the manner of selection of one of the judges to serve as presiding judge and prescribe the presiding judge's duties.
(2) Pursuant to court rule or RCW 2.56.040(2), a presiding judge pro tempore may be predesignated or appointed to fulfill presiding judge duties in case of the illness, incapacity, resignation, death, or unavailability of the presiding judge of a single judge court. In such circumstances, the authority of the predesignated or appointed presiding judge pro tempore endures until the chief justice appoints someone else to fulfill the presiding judge duties pursuant to RCW 2.56.040(2)(b), or the period of such illness, incapacity, or unavailability ends, or until a vacancy in the position is filled as provided by law, whichever occurs first.
[ 2022 c 74 s 5; 1989 c 227 s 7; 1984 c 258 s 21; 1961 c 299 s 24.]
Notes:
Intent—1989 c 227: See note following RCW 3.38.070.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Presiding judge.


title: RCW 3.38.010

text:
There is established in each county a district court districting committee composed of the following:
(1) The judge of the superior court, or, if there be more than one such judge, then one of the judges selected by that court;
(2) The prosecuting attorney, or a deputy selected by the prosecuting attorney;
(3) A practicing lawyer of the county selected by the president of the largest local bar association, if there be one, and if not, then by the county legislative authority;
(4) A judge of a court of limited jurisdiction in the county selected by the president of the Washington state district and municipal court judges' association; and
(5) The mayor, or representative appointed by the mayor, of each city or town with a population of three thousand or more in the county;
(6) One person to represent the cities and towns with populations of three thousand or less in the county, if any, to be selected by a majority vote of the mayors of those cities and towns with a population of less than three thousand. However, if there should not be a city in the county with a population of ten thousand or more, the mayor, or the mayor's representative, of each city or town with a population of less than three thousand shall be a member;
(7) The chair of the county legislative authority; and
(8) The county auditor.
[ 1995 c 37 s 1. Prior: 1994 c 81 s 1; 1994 c 32 s 2; 1984 c 258 s 22; 1961 c 299 s 25.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Districting committee—Membership.


title: RCW 3.38.020

text:
The district court districting committee shall meet at the call of the prosecuting attorney to prepare or amend the plan for the districting of the county into one or more district court districts in accordance with the provisions of chapters 3.30 through 3.74 RCW. The plan shall include the following:
(1) The boundaries of each district proposed to be established;
(2) The number of judges to be elected in each district or electoral district, if any. In determining the number of judges to be elected, the districting committee shall consider the results of an objective workload analysis conducted by the administrator for the courts;
(3) The location of the central office, courtrooms and records of each court;
(4) The other places in the district, if any, where the court shall sit;
(5) The number and location of district court commissioners to be authorized, if any;
(6) The departments, if any, into which each district court shall be initially organized, including municipal departments provided for in *chapter 3.46 RCW;
(7) The name of each district; and
(8) The allocation of the time and allocation of salary of each judge who will serve part time in a municipal department.
[ 2003 c 97 s 4; 1984 c 258 s 23; 1965 ex.s. c 110 s 1; 1961 c 299 s 26.]
Notes:
*Reviser's note: Creation and operation of municipal departments under chapter 3.46 RCW is limited by RCW 3.46.015.
Effective date—2003 c 97: See note following RCW 3.34.010.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.


title: RCW 3.38.022

text:
The districting plan may provide that the offices and courtrooms of more than one district may be in the same building: PROVIDED, That no office or courtroom of any district shall be located further than two miles outside the boundary of the district which it serves.
[ 1984 c 258 s 24; 1963 c 213 s 1.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Location of offices and courtrooms.


title: RCW 3.38.030

text:
Upon receipt of the districting plan, the county legislative authority shall hold a public hearing, pursuant to the provisions of RCW 36.32.120(7), as now or hereafter amended. At the hearing, anyone interested in the plan may attend and be heard as to the convenience which will be afforded to the public by the plan, and as to any other matters pertaining thereto. If the county legislative authority finds that the plan proposed by the districting committee conforms to the standards set forth in chapters 3.30 through 3.74 RCW and is conducive to the best interests and welfare of the county as a whole it may adopt such plan. If the county legislative authority finds that the plan does not conform to the standards as provided in chapters 3.30 through 3.74 RCW, the county legislative authority may modify, revise or amend the plan and adopt such amended or revised plan as the county's district court districting plan. The plan decided upon shall be adopted by the county legislative authority not later than six months after the county initially obtains a population of two hundred ten thousand or more or the adoption of the elective resolution.
[ 1991 c 363 s 5; 1984 c 258 s 25; 1965 ex.s. c 110 s 2; 1961 c 299 s 27.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Districting plan—Adoption.


title: RCW 3.38.031

text:
As a part of the districting plan, the county legislative authority shall designate a date on which the terms of the district judges of the county shall end.
For each judicial position under the districting plan, the county legislative authority shall appoint a person qualified under RCW 3.34.060 who shall take office on the date designated by the county legislative authority and shall serve until the next quadrennial election of district judges as provided in RCW 3.34.050.
Pending cases, proceedings, and matters shall be transferred to the appropriate court as provided in RCW 3.74.900.
[ 1984 c 258 s 26; 1965 ex.s. c 110 s 3.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.


title: RCW 3.38.040

text:
(1) The districting committee may meet for the purpose of amending the districting plan at any time on call of the county legislative authority, the chairperson of the committee or a majority of its members. Amendments to the plan shall be submitted to the county legislative authority not later than March 15th of each year for adoption by the county legislative authority following the same procedure as with the original districting plan. Amendments shall be adopted not later than May 1st following submission by the districting committee. Any amendment which would reduce the salary or shorten the term of any judge shall not be effective until the next regular election for district judge. All other amendments may be effective on a date set by the county legislative authority.
(2) The districting committee shall meet within forty-five days of the effective date of changes in the number of judges to be elected in each district court district, or electoral district, if any. Amendments to the plan concerning the number of judges to be elected in each district court district, or electoral district, if any, shall be submitted to the county legislative authority not later than ninety days after the effective date of changes in RCW 3.34.010, and the amendments shall be adopted not later than one hundred eighty days after the effective date of changes in RCW 3.34.010.
[ 2003 c 97 s 5; 1984 c 258 s 27; 1969 ex.s. c 66 s 3; 1961 c 299 s 28.]
Notes:
Effective date—2003 c 97: See note following RCW 3.34.010.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Districting plan—Amendment.


title: RCW 3.38.050

text:
District court districts shall be established in accordance with the following standards:
(1) Every part of the county shall be in some district.
(2) The whole county may constitute one district.
(3) There shall not be more districts than there are judges authorized for the county.
(4) A district boundary shall not intersect the boundary of an election precinct.
(5) A city shall not lie in more than one district.
(6) Whenever a county is divided into more than one district, each district shall be so established as best to serve the convenience of the people of the district, considering the distances which must be traveled by parties and witnesses in going to and from the court and any natural barriers which may obstruct such travel.
[ 1984 c 258 s 28; 1961 c 299 s 29.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: District court districts—Standards.


title: RCW 3.38.060

text:
Joint districts may be established containing all or part of two or more counties. The county containing the largest portion of the population of a joint district shall be known as the "principal county" and each joint district shall be deemed to lie within the principal county for the purpose of chapters 3.30 through 3.74 RCW. A joint district may be established by resolution of one county concurred in by a resolution of each other county: PROVIDED, That the county legislative authority of a county containing the largest portion of the population of a city may include the portions of such city lying outside the county in a joint district without concurrence of the other counties.
Elections of judges in joint districts shall be conducted and canvassed in the same manner as elections of superior court judges in joint judicial districts.
[ 1984 c 258 s 29; 1961 c 299 s 30.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Joint district court districts.


title: RCW 3.38.070

text:
A county legislative authority for a county that has a single district but has multiple locations for courtrooms may establish separate electoral districts to provide for election of district court judges by subcounty local districts. In any county containing a city of more than four hundred thousand population, the legislative authority of such a county shall establish such separate electoral districts. The procedures in chapter 3.38 RCW for the establishment of district court districts apply to the establishment of separate electoral districts authorized by this section.
[ 1990 c 257 s 1; 1989 c 227 s 2.]
Notes:
Intent—1989 c 227: "It is the intent of the legislature to continue to provide the option for local election of district court judges where a county district court with multiple courtrooms is unified into a single district court for operational and administrative purposes." [ 1989 c 227 s 1.]


title: RCW 3.38.080

text:
In any county in which separate electoral districts have been established pursuant to RCW 3.38.070, the term "district" also means "electoral district" for purposes of RCW 3.38.022, 3.38.050, and 3.38.060.
[ 1990 c 257 s 2.]


title: RCW 3.42.010

text:
When so authorized by the districting plan, one or more district court commissioners may be appointed in any district by the judges of the district. Each commissioner shall be a registered voter of the county in which the district or a portion thereof is located, and shall hold office at the pleasure of the appointing judges. For purposes of this section, "appointing judge" includes a presiding judge pro tempore fulfilling presiding judge duties for a single judge court pursuant to RCW 3.34.100(2) or 3.34.150(2). Any person appointed as a commissioner authorized to hear or dispose of cases shall be a lawyer who is admitted to the practice of law in the state of Washington or who has passed the qualifying examination for lay judges as provided under RCW 3.34.060.
[ 2022 c 74 s 8; 1984 c 258 s 30; 1980 c 162 s 7; 1961 c 299 s 31.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1980 c 162: See note following RCW 3.02.010.
District court commissioners
bond: RCW 3.34.090.
oath: RCW 3.34.080.

catchline: District court commissioners—Appointment—Qualifications—Term of office.


title: RCW 3.42.020

text:
Each district court commissioner shall have such power, authority, and jurisdiction in criminal and civil matters as the appointing judges possess and shall prescribe, except that when serving as a commissioner, the commissioner does not have authority to preside over trials in criminal matters, or jury trials in civil matters unless agreed to on the record by all parties.
[ 2008 c 227 s 6; 1984 c 258 s 31; 1979 ex.s. c 136 s 16; 1961 c 299 s 32.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Powers of commissioners—Limitations.


title: RCW 3.42.040

text:
District court commissioners shall receive such compensation as the county legislative authority or city council shall provide.
[ 1984 c 258 s 33; 1969 ex.s. c 66 s 4; 1961 c 299 s 34.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
District court commissioners
salary: RCW 3.58.030.
travel expenses: RCW 3.58.040.

catchline: Compensation.


title: RCW 3.46.015

text:
A municipality operating a municipal department under this chapter prior to July 1, 2008, may continue to operate as if chapter 227, Laws of 2008 was not adopted. Such municipal departments shall remain subject to the provisions of this chapter as this chapter was written prior to the adoption of chapter 227, Laws of 2008.
[ 2008 c 227 s 11.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.

catchline: Operation of municipal department in existence prior to July 1, 2008.


title: RCW 3.50.003

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "City" means an incorporated city or town.
(2) "Contracting city" means any city that contracts with a hosting jurisdiction for the delivery of judicial services.
(3) "Hosting jurisdiction" means a county or city designated in an interlocal agreement as receiving compensation for providing judicial services to a contracting city.
(4) "Mayor" means the mayor, city manager, or other chief administrative officer of the city.
[ 2008 c 227 s 3; 1984 c 258 s 125.]
Notes:
Effective date—2008 c 227: "This act takes effect July 1, 2008." [ 2008 c 227 s 13.]
Subheadings not law—2008 c 227: "Subheadings used in this act are not any part of the law." [ 2008 c 227 s 14.]
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Definitions.


title: RCW 3.50.005

text:
The legislature finds that there is a multitude of statutes governing the municipal courts of the state. This situation is confusing and misleading to attorneys, judges, court personnel, and others who work with the municipal courts. The legislature therefore finds that a reorganization of the municipal courts of the state would allow those courts to operate in a more effective and efficient manner. This chapter provides a court structure which may be used by cities and towns with a population of four hundred thousand or less which choose to operate under this chapter.
[ 1984 c 258 s 101.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: "The enactment of sections 101 through 139 of this act shall not affect any case, proceeding, appeal, or other matter pending in any court operating under Title 35 or 35A RCW on the effective date of this act [July 1, 1984]. The enactment of sections 101 through 139 of this act shall not have the effect of terminating or in any way modifying any right or liability, civil or criminal, which may be in existence on the effective date of this act [July 1, 1984]." [ 1984 c 258 s 128.]

catchline: Legislative finding—Alternative court structure for cities and towns of four hundred thousand or less.


title: RCW 3.50.010

text:
Any city or town with a population of four hundred thousand or less may by ordinance provide for an inferior court to be known and designated as a municipal court, which shall be entitled "The Municipal Court of . . . . . . . . . (insert name of city or town)," hereinafter designated and referred to as "municipal court," which court shall have jurisdiction and shall exercise all powers by this chapter declared to be vested in the municipal court, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. However, no municipal court established under this section shall have jurisdiction over any matter until six months after a notice of intent to create a new municipal court is sent to the administrative office of the courts.
[ 2024 c 61 s 1; 1984 c 258 s 103; 1961 c 299 s 50.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Municipal court authorized in cities of four hundred thousand or less.


title: RCW 3.50.020

text:
The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. A hosting jurisdiction shall have exclusive original criminal and other jurisdiction as described in this section for all matters filed by a contracting city. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. A municipal court participating in the program established by the administrative office of the courts pursuant to RCW 2.56.160 shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction participating in the program.
[ 2008 c 227 s 5; 2005 c 282 s 14; 2000 c 111 s 6; 1985 c 303 s 14; 1984 c 258 s 104; 1979 ex.s. c 136 s 17; 1961 c 299 s 51.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Jurisdiction.


title: RCW 3.50.030

text:
Every city or town may establish and operate under the supervision of the municipal court a violations bureau to assist the court in processing traffic cases. Each municipal court shall designate the specific traffic offenses and traffic infractions under city or town ordinances which may be processed by the violations bureau.
A violations bureau may be authorized to process traffic infractions in conformity with chapter 46.63 RCW.
A violations bureau may be authorized to receive the posting of bail for specified offenses and, to the extent authorized by court order, permitted to accept forfeiture of bail and payment of penalties. Any violations bureau, upon accepting the prescribed bail, shall issue a receipt therefor to the alleged violator, acknowledging the posting thereof and informing the accused of the legal consequences of bail forfeiture. Any person charged with any criminal traffic offense within the authority of the violations bureau may, upon signing a written appearance, a written plea of guilty and a written waiver of trial, pay to the violations bureau the fine established for the offense charged and costs and this shall have the same effect as a court conviction. All penalties and forfeitures paid to a violations bureau for the violation of municipal ordinance shall be placed in the city or town general fund or such other fund as may be prescribed by ordinance of the city or town or laws of the state of Washington.
Any employees of an existing violations bureau of any city shall continue as city employees.
[ 1984 c 258 s 105; 1979 ex.s. c 136 s 18; 1961 c 299 s 52.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Violations bureau for traffic cases—Disposition of moneys collected.


title: RCW 3.50.040

text:
Within thirty days after the effective date of the ordinance creating the municipal court, the mayor of each city or town shall appoint a municipal judge or judges of the municipal court for a term of four years. The terms of judges serving on July 1, 1984, and municipal judges who are appointed to terms commencing before January 1, 1986, shall expire January 1, 1986. The terms of their successors shall commence on January 1, 1986, and on January 1 of each fourth year thereafter, pursuant to appointment or election as provided in this chapter. Appointments shall be made on or before December 1 of the year next preceding the year in which the terms commence.
The legislative authority of a city or town that has the general power of confirmation over mayoral appointments shall have the power to confirm the appointment of a municipal judge.
A person appointed as a full-time or part-time municipal judge shall be a citizen of the United States of America and of the state of Washington; and an attorney admitted to practice law before the courts of record of the state of Washington: PROVIDED, That in a municipality having a population less than five thousand persons, a person who has taken and passed by January 1, 2003, the qualifying examination for a lay candidate for judicial officer as provided by rule of the supreme court may be the judge. Any city or town shall have authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full time. In the event of the appointment of a district judge, the city or town shall pay a pro rata share of the salary.
[ 2002 c 136 s 2; 1984 c 258 s 106; 1975-'76 2nd ex.s. c 35 s 1; 1961 c 299 s 53.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Municipal judges—Appointed—Terms, qualifications—District judge as part-time municipal judge.


title: RCW 3.50.045

text:
(1) A municipal court judicial officer shall not preside in any of the following cases:
(a) In an action to which the judicial officer is a party, or in which the judicial officer is directly interested, or in which the judicial officer has been an attorney for a party.
(b) When the judicial officer or one of the parties believes that the parties cannot have an impartial trial or hearing before the judicial officer. The judicial officer shall disqualify himself or herself under the provisions of this section if, before any discretionary ruling has been made, a party files an affidavit that the party cannot have a fair and impartial trial or hearing by reason of the interest or prejudice of the judicial officer. The following are not considered discretionary rulings: (i) The arrangement of the calendar; (ii) the setting of an action, motion, or proceeding for hearing or trial; (iii) the arraignment of the accused; or (iv) the fixing of bail and initially setting conditions of release. Only one change of judicial officer is allowed each party in an action or proceeding.
(2) When a judicial officer is disqualified under this section, the case shall be heard before another judicial officer of the municipality.
(3) For the purposes of this section, "judicial officer" means a judge, judge pro tempore, or court commissioner.
[ 2008 c 227 s 9.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.

catchline: Judicial officers—Disqualification.


title: RCW 3.50.050

text:
The legislative authority of the city or town may, by ordinance, provide that the position of municipal judge within the city or town shall be an elective position. The ordinance shall provide for the qualifications of the municipal judge which shall be the same as the qualifications necessary for the appointment thereof; and further, shall provide that the municipal judge shall be elected in the same manner as other elective city officials are elected to office, and that the term of the municipal judge shall be for a term of four years commencing on January 1, 1986, and every four years thereafter.
[ 1984 c 258 s 107; 1961 c 299 s 54.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Municipal judge may be elective position—Qualifications, term.


title: RCW 3.50.055

text:
Notwithstanding RCW 3.50.040 and 3.50.050, judicial positions may be filled only by election under the following circumstances:
(1) Each full-time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time.
(2) In any city with one or more full-time equivalent judicial positions, an additional judicial position or positions that is or are in combination more than one-half of a full-time equivalent position shall also be filled by election.
[ 1993 c 317 s 4.]
Notes:
Severability—Effective date—1993 c 317: See notes following RCW 3.50.810.


title: RCW 3.50.057

text:
A judge of a municipal court need not be a resident of the city in which the court is created, but must be a resident of the county in which the city is located.
[ 1993 c 317 s 6.]
Notes:
Severability—Effective date—1993 c 317: See notes following RCW 3.50.810.

catchline: Judges—Residency requirement.


title: RCW 3.50.060

text:
A city or town electing to establish a municipal court pursuant to this chapter may terminate such court by adoption of an appropriate ordinance. However no municipal court may be terminated unless the municipality has complied with RCW 3.50.805, 3.50.810, 35.22.425, * 35.23.595, 35.23.555, 35.27.515, 35.30.100, and 35A.11.200.
A city or town newly establishing a municipal court pursuant to this chapter shall do so by adoption of an appropriate ordinance as provided in RCW 3.50.010.
[ 2024 c 61 s 2; 1984 c 258 s 108; 1961 c 299 s 55.]
Notes:
*Reviser's note: RCW 35.23.595 was repealed by 1994 c 81 s 89.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Termination of municipal court—Requirements—Establishment of court.


title: RCW 3.50.070

text:
Additional full or part time judges may be appointed or elected, as provided by ordinance of the legislative body of the city or town when public interest and the administration of justice makes such additional judge or judges necessary.
[ 1984 c 258 s 109; 1961 c 299 s 56.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.


title: RCW 3.50.075

text:
(1) One or more court commissioners may be appointed by a judge of the municipal court.
(2) Each commissioner holds office at the pleasure of the appointing judge.
(3) Except as provided in subsection (4) of this section, a commissioner has such power, authority, and jurisdiction in criminal and civil matters as the appointing judges possess, and must be a lawyer who is admitted to practice law in the state of Washington or a nonlawyer who has passed, by January 1, 2003, the qualifying examination for lay judges for courts of limited jurisdiction under RCW 3.34.060.
(4) On or after July 1, 2010, when serving as a commissioner, the commissioner does not have authority to preside over trials in criminal matters, or jury trials in civil matters unless agreed to on the record by all parties.
(5) A commissioner need not be a resident of the city or of the county in which the municipal court is created. When a court commissioner has not been appointed and the municipal court is presided over by a part-time appointed judge, the judge need not be a resident of the city or of the county in which the municipal court is created.
(6) For purposes of this section, "appointing judge" includes a presiding judge pro tempore fulfilling presiding judge duties for a single judge court pursuant to RCW 3.50.090(2).
[ 2022 c 74 s 10; 2019 c 52 s 1; 2008 c 227 s 8; 1994 c 10 s 1.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.


title: RCW 3.50.080

text:
Salaries of municipal court judges shall be fixed by ordinance. All costs of operating the municipal court, including but not limited to salaries of judges and court employees, dockets, books of records, forms, furnishings, and supplies, shall be paid wholly out of the funds of the city or town. The city shall provide a suitable place for holding court and pay all expenses of maintaining it.
All employees of the municipal court shall, for all purposes, be deemed employees of the city or town. They shall be appointed by and serve at the pleasure of the court.
[ 1984 c 258 s 111; 1961 c 299 s 57.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.
Salaries of municipal judges in cities over 400,000: RCW 3.58.010 and 35.20.160.

catchline: Salaries of judges—Payment of court operating costs from city funds—Judges and employees as city employees.


title: RCW 3.50.090

text:
(1) In addition to the designation of a presiding judge pro tempore for a single judge court as provided in RCW 3.50.090(2) [subsection (2) of this section], the presiding municipal court judge may designate one or more persons as judges pro tem to serve in the absence or disability of the elected or duly appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in addition to the elected or duly appointed judges when the administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly appointed or elected judge. Such pro tempore judges shall receive such compensation as shall be fixed by ordinance by the municipality in which the court is located and such compensation shall be paid by the municipality.
(2) If a presiding municipal court judge is the single judge of the court, then pursuant to court rule or RCW 2.56.040(2), a presiding judge pro tempore may be predesignated or appointed to fulfill presiding judge duties in case of the illness, incapacity, resignation, death, or unavailability of the presiding judge. In such circumstances, the authority of the predesignated or appointed presiding judge pro tempore endures until the chief justice appoints someone else to fulfill the presiding judge duties pursuant to RCW 2.56.040(2)(b), or the period of such illness, incapacity, or unavailability ends, or until a vacancy in the position is filled as provided by law, whichever occurs first.
[ 2022 c 74 s 11; 2000 c 55 s 1; 1984 c 258 s 112; 1961 c 299 s 58.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.
Judges pro tempore appointments: RCW 3.02.060.

catchline: Judges pro tem.


title: RCW 3.50.092

text:
During any vacancy that occurs in a single judge court pursuant to RCW 3.50.093 or 3.50.095, a presiding judge pro tempore who has been predesignated pursuant to court rule or appointed pursuant to RCW 2.56.040(2) may fulfill presiding judge duties, and the authority of the predesignated or appointed presiding judge pro tempore endures until the chief justice appoints someone else to fulfill the presiding judge duties pursuant to RCW 2.56.040(2)(b), or until a vacancy in the position is filled as provided by law, whichever occurs first.
[ 2022 c 74 s 9.]

catchline: Presiding judge pro tempore—Predesignation or appointment.


title: RCW 3.50.093

text:
Any vacancy in the municipal court due to a death, disability, or resignation of a municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the legislative authority of the city or town if the legislative authority has the general power of confirmation over mayoral appointments. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter.
[ 1984 c 258 s 113.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Municipal judge—Vacancy—Appointment.


title: RCW 3.50.095

text:
A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office.
[ 1984 c 258 s 124.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Municipal judge—Removal from office.


title: RCW 3.50.097

text:
Every judge of a municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the municipal court of the city of . . . . . . (naming such city) according to the best of my ability." The oath shall be filed in the office of the county auditor. The judge shall also give such bonds to the state and city for the faithful performance of the judge's duties as may be by law or ordinance directed.
[ 1984 c 258 s 110.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Judge's oath—Bonds.


title: RCW 3.50.100

text:
(1) Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other money imposed by any municipal court for the violation of any municipal or town ordinances shall be collected by the court clerk and, together with any other noninterest revenues received by the clerk, shall be deposited with the city or town treasurer as a part of the general fund of the city or town, or deposited in such other fund of the city or town, or deposited in such other funds as may be designated by the laws of the state of Washington.
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions, and certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited in the state general fund.
(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
(4)(a) Except as provided in (b) of this subsection, penalties, fines, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, and costs imposed against a defendant in a criminal proceeding shall not accrue interest.
(5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the state general fund, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts.
[ 2018 c 269 s 2; 2012 c 136 s 3; 2012 c 134 s 5; 2009 c 479 s 3; 2004 c 15 s 3; 1995 c 291 s 3; 1988 c 169 s 2; 1985 c 389 s 4; 1984 c 258 s 304; 1975 1st ex.s. c 241 s 3; 1961 c 299 s 59.]
Notes:
Construction—2018 c 269: See note following RCW 10.82.090.
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2004 c 15: See note following RCW 10.99.080.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.

catchline: Revenue—Disposition—Interest.


title: RCW 3.50.110

text:
The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the legislative body of the city or town: PROVIDED, That the municipal court shall not be open on nonjudicial days.
[ 1984 c 258 s 114; 1961 c 299 s 60.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Sessions.


title: RCW 3.50.115

text:
The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of The Municipal Court of . . . . . . (name of city), State of Washington," surrounding the vignette. All process from the court runs throughout the state. The supreme court may determine by rule what process must be issued under seal.
[ 1999 c 152 s 1; 1984 c 258 s 123.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Municipal court seal.


title: RCW 3.50.125

text:
A transfer of a case from the municipal court to either another municipal judge of the same city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings.
[ 1984 c 258 s 122.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Transfer within municipal court.


title: RCW 3.50.135

text:
In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court: PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror may receive up to twenty-five dollars but in no case less than ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060: PROVIDED, That the compensation paid jurors shall be determined by the legislative authority of the city and shall be uniformly applied. Jury trials shall be allowed in all criminal cases unless waived by the defendant.
[ 1984 c 258 s 126.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Request for jury trial in civil cases—Exception—Fee—Juror compensation—Jury trials in criminal cases.


title: RCW 3.50.300

text:
In all cases of conviction, unless otherwise provided in chapters 3.30 through 3.74 RCW as now or hereafter amended, where a jail sentence is given to the defendant, execution shall issue accordingly and where the judgment of the court is that the defendant pay a fine and costs, the defendant may be committed to jail until the judgment is paid in full.
A defendant who has been committed shall be discharged upon the payment for such part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment, which amount shall be the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as now or hereafter amended. In addition, all other proceedings in respect of such fine and costs shall be the same as in like cases in the superior court.
[ 1984 c 258 s 115; 1969 c 84 s 1; 1961 c 299 s 79.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Execution of sentence—Jail in lieu of fine and costs, computation.


title: RCW 3.50.320

text:
After a conviction, the court may impose sentence by suspending all or a portion of the defendant's sentence or by deferring the sentence of the defendant and may place the defendant on probation for a period of no longer than two years and prescribe the conditions thereof. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges. A court shall not defer sentence for an offense sentenced under RCW 46.61.5055.
[ 2013 2nd sp.s. c 35 s 5; 2001 c 94 s 4; 1984 c 258 s 116; 1983 c 156 s 5; 1961 c 299 s 81.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Suspension or deferral of sentence—Change of plea—Dismissal.


title: RCW 3.50.330

text:
(1) A court has continuing jurisdiction and authority to suspend the execution of all or any part of its sentence upon stated terms, including installment payment of fines for a period not to exceed:
(a) Five years after imposition of sentence for a defendant sentenced for a domestic violence offense or under RCW 46.61.5055; and
(b) Two years after imposition of sentence for all other offenses.
(2)(a) Except as provided in (b) of this subsection, a court shall have continuing jurisdiction and authority to defer the execution of all or any part of the sentence upon stated terms, including installment payment of fines for a period not to exceed:
(i) Five years after imposition of sentence for a defendant sentenced for a domestic violence offense; and
(ii) Two years after imposition of sentence for all other offenses.
(b) A court shall not defer sentence for an offense sentenced under RCW 46.61.5055.
(3) A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record.
(4) However, the court's jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720.
(5) Any time before entering an order terminating probation, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence.
(6) For the purposes of this section, "domestic violence offense" means a crime listed in RCW 10.99.020 that is not a felony offense.
[ 2013 2nd sp.s. c 35 s 6; 2010 c 274 s 406; 2001 c 94 s 5; 1999 c 56 s 1; 1984 c 258 s 117; 1983 c 156 s 6; 1961 c 299 s 82.]
Notes:
Intent—2010 c 274: See note following RCW 10.31.100.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Suspension or deferral of sentence—Continuing jurisdiction of court.


title: RCW 3.50.340

text:
Deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs.
Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held.
[ 1984 c 258 s 118; 1983 c 156 s 7; 1961 c 299 s 83.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Revocation of deferred or suspended sentence—Limitations—Termination of probation.


title: RCW 3.50.345

text:
Before a sentence is imposed upon a defendant convicted of a crime against property, the court or the prosecuting authority shall check existing judicial information systems to determine the criminal history of the defendant.
[ 2009 c 431 s 16.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.

catchline: Sentencing—Crimes against property—Criminal history check.


title: RCW 3.50.355

text:
(1) If a person placed on probation for one year or more for a misdemeanor or gross misdemeanor by a municipal court requests permission to travel or transfer to another state, the assigned probation officer shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation officer shall:
(a) Notify the department of corrections of the probationer's request;
(b) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
(c) Notify the probationer of the fee due to the department of corrections for processing an application under the compact;
(d) Cease supervision of the probationer while another state supervises the probationer pursuant to the compact;
(e) Resume supervision if the probationer returns to this state before the term of probation expires.
(2) The probationer shall receive credit for time served while being supervised by another state.
(3) If the probationer is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the probationer.
(4) The state of Washington, the department of corrections and its employees, and any city and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence.
[ 2005 c 400 s 6.]
Notes:
Application—Effective date—2005 c 400: See notes following RCW 9.94A.74504.

catchline: Offender supervision by another state.


title: RCW 3.50.425

text:
All criminal process issued by the municipal court shall be in the name of the state of Washington and run throughout the state, and be directed to and served by the chief of police, marshal, or other police officer of any city or to any sheriff in the state.
[ 1984 c 258 s 127.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Issuance of criminal process.


title: RCW 3.50.430

text:
All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person.
[ 1984 c 258 s 119; 1961 c 299 s 92.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Criminal prosecution in city's name for violation of ordinances.


title: RCW 3.50.440

text:
Every person convicted by the municipal court of a violation of the criminal provisions of an ordinance for which no punishment is specifically prescribed in the ordinance is guilty of a gross misdemeanor and shall be punished by a fine of not more than five thousand dollars or imprisonment in the city jail for up to three hundred sixty-four days, or both such fine and imprisonment.
[ 2011 c 96 s 2; 2003 c 53 s 3; 1984 c 258 s 120; 1961 c 299 s 93.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Penalty if no other punishment prescribed.


title: RCW 3.50.450

text:
Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts.
[ 1984 c 258 s 121; 1961 c 299 s 94.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 ss 101-139: See note following RCW 3.50.005.

catchline: Pleadings, practice and procedure not provided for governed by district court law.


title: RCW 3.50.480

text:
Any city or town operating a municipal court under this chapter for which the state contributes to municipal court judges' salaries under RCW 2.56.030 shall create a city or town trial court improvement account. An amount equal to one hundred percent of the state's contribution for the payment of the city's or town's municipal court judges' salaries shall be deposited into the account. Money in the account shall be used to fund improvements to the municipal court's staffing, programs, facilities, or services, as appropriated by the city or town legislative authority.
[ 2005 c 457 s 3.]
Notes:
Intent—2005 c 457: See note following RCW 43.08.250.

catchline: City or town trial court improvement account—Contributions to account by city or town—Use of funds.


title: RCW 3.50.800

text:
(1) If a municipality has, prior to July 1, 1984, repealed in its entirety that portion of its municipal code defining crimes but continues to hear and determine traffic infraction cases under chapter 46.63 RCW in a municipal court, the municipality and the appropriate county shall, prior to January 1, 1985, enter into an agreement under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs incurred after January 1, 1985, associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. If the municipality and the county cannot come to an agreement within the time prescribed by this section, they shall be deemed to have entered into an agreement to submit the issue to arbitration pursuant to chapter 7.04A RCW. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW.
(2) The agreement between the municipality and the county shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights as other parties who have agreed to submit to arbitration under chapter 7.04A RCW.
[ 2005 c 433 s 34; 1984 c 258 s 202.]
Notes:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Repeal of municipal criminal code—Agreement covering costs of handling resulting criminal cases—Arbitration—Renewal.


title: RCW 3.50.805

text:
(1) A municipality operating a municipal court under this chapter shall not terminate that court unless a notice of intent to terminate is sent to the administrative office of the courts six months in advance of the termination and the municipality has reached an agreement with the appropriate county or another municipality under chapter 39.34 RCW under which the county or municipality is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district or municipal court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county or municipality are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county or municipality have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW. A municipality that has entered into agreements with other municipalities that have terminated their municipal courts may not thereafter terminate its court unless each municipality has reached an agreement with the appropriate county in accordance with this section.
(2) A municipality operating a municipal court under this chapter may not repeal in its entirety that portion of its municipal code defining crimes while retaining the court's authority to hear and determine traffic infractions under chapter 46.63 RCW unless the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW.
(3) A municipality operating a municipal court under this chapter may not repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW.
[ 2024 c 61 s 3; 2005 c 433 s 35; 1984 c 258 s 203.]
Notes:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Termination of municipal court—Agreement covering costs of handling resulting criminal cases—Arbitration—Repeal of municipal criminal code—Agreement—Arbitration—Repeal of a municipal crime equivalent to offense in RCW 46.63.020—Agreement—Arbitration.


title: RCW 3.50.810

text:
(1) Any city having entered into an agreement for court services with the county must provide written notice of the intent to terminate the agreement to the county legislative authority and to the administrative office of the courts not less than one year prior to February 1st of the year in which all district court judges are subject to election.
(2) Any city that terminates an agreement for court services to be provided by a district court may terminate the agreement only at the end of a four-year district court judicial term.
(3) A county that wishes to terminate an agreement with a city for the provision of court services must provide written notice of the intent to terminate the agreement to the city legislative authority and to the administrative office of the courts not less than one year prior to the expiration of the agreement.
[ 2024 c 61 s 4; 2001 c 68 s 1; 1993 c 317 s 2.]
Notes:
Severability—1993 c 317: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 317 s 11.]
Effective date—1993 c 317: "This act shall take effect January 1, 1995." [ 1993 c 317 s 12.]

catchline: Termination of municipal court—Notice.


title: RCW 3.50.815

text:
A city may meet the requirements of RCW 39.34.180 by entering into an interlocal agreement with the county in which the city is located or with one or more cities.
[ 2008 c 227 s 4.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.

catchline: Criminal justice responsibilities—Interlocal agreements.


title: RCW 3.54.010

text:
The clerk and deputy clerks of district courts shall receive such compensation as shall be provided by the county legislative authority.
[ 1984 c 258 s 34; 1971 c 73 s 6; 1961 c 299 s 98.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Compensation.


title: RCW 3.54.020

text:
The district courts shall prescribe the duties of the clerk and deputy clerks. Such duties shall include all of the requirements of RCW 3.62.020 and 3.62.040 as now or hereafter amended and the receipt of bail and additionally the power to:
(1) Accept and enter pleas;
(2) Receive bail as set by the court;
(3) Set cases for trial;
(4) Administer oaths.
[ 1975 1st ex.s. c 241 s 1; 1971 c 73 s 7; 1961 c 299 s 99.]

catchline: Powers and duties.


title: RCW 3.54.030

text:
The district court shall have a seal that shall be the vignette of George Washington, with the words "Seal of the . . . . . . District Court of . . . . . . County, State of Washington," surrounding the vignette. All process from the court runs throughout the state. The supreme court may determine by rule what process must be issued under seal.
[ 1999 c 152 s 2; 1992 c 29 s 1.]

catchline: Seal.


title: RCW 3.58.010

text:
The annual salary of each full time district court judge shall be established by the Washington citizen's commission on salaries for elected officials. A member of the legislature whose term of office is partly coextensive with or extends beyond the present term of office of any of the officials whose salary is increased by virtue of the provisions of RCW 43.03.010, 2.04.092, 2.06.062, 2.08.092, and 3.58.010 shall be eligible to be appointed or elected to any of the offices the salary of which is increased hereby but he or she shall not be entitled to receive such increased salary until after the expiration of his or her present term of office and his or her subsequent election or reelection to the office to which he or she was appointed or elected respectively during his or her term of office as legislator.
[ 2011 c 336 s 74; 1986 c 155 s 7; 1985 c 7 s 1; 1983 c 186 s 2; 1980 c 162 s 8; 1979 ex.s. c 255 s 8; 1977 ex.s. c 318 s 5; 1975 1st ex.s. c 263 s 5; 1975 c 33 s 3; 1974 ex.s. c 149 s 6 (Initiative Measure No. 282, approved November 6, 1973); 1972 ex.s. c 100 s 4; 1969 c 52 s 1; 1965 c 147 s 1; 1961 c 299 s 100.]
Notes:
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010.
Effective date—1979 ex.s. c 255: See note following RCW 43.03.010.
Effective date—1977 ex.s. c 318: See note following RCW 43.03.010.
Severability—Effective date—1975 1st ex.s. c 263: See notes following RCW 43.03.010.
Severability—1975 c 33: See note following RCW 35.21.780.
Severability—1974 ex.s. c 149 (Initiative Measure No. 282): See note following RCW 43.03.010.
District court judges' salaries: State Constitution Art. 28 s 1.
District courts, judges pro tempore, salaries: RCW 3.34.130.
Municipal courts, cities over 400,000, judges' salaries: RCW 35.20.160.
Superior courts, judges' salaries: RCW 2.08.092.
Washington citizens' commission on salaries for elected officials: RCW 43.03.305.

catchline: Salaries of full time district court judges.


title: RCW 3.58.020

text:
The annual salaries of part time district judges shall be set by the citizens' commission on salaries.
[ 1991 c 338 s 3; 1984 c 258 s 35; 1982 c 29 s 2; 1979 ex.s. c 255 s 9; 1974 ex.s. c 95 s 1; 1969 ex.s. c 192 s 1; 1961 c 299 s 101.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1979 ex.s. c 255: See note following RCW 43.03.010.
District judges—Full time—Other: RCW 3.34.040.

catchline: Salaries of part time district judges.


title: RCW 3.58.030

text:
The compensation of judges, clerks, judges pro tempore, deputy clerks, and court commissioners payable by the county shall be paid monthly out of the county treasury from the same funds out of which other salaried county officers are paid.
[ 1984 c 258 s 36; 1961 c 299 s 102.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Payment of salaries.


title: RCW 3.58.040

text:
District judges, judges pro tempore, court commissioners, and district court employees shall receive their reasonable traveling expenses when engaged in the business of the court as provided in chapter 42.24 RCW.
[ 1984 c 258 s 37; 1983 c 3 s 3; 1961 c 299 s 103.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Travel expenses.


title: RCW 3.58.050

text:
The county legislative authority shall furnish all necessary facilities for the district courts, including suitable courtrooms, furniture, books, stationery, postage, office equipment, heat, light and telephone and may lease or construct courtrooms and offices for such purpose. The county legislative authority shall not be required to furnish courtroom space in any place other than as provided in the districting plan.
[ 1984 c 258 s 38; 1963 c 213 s 3; 1961 c 299 s 104.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Other court expenses—Lease, construction, of courtrooms and offices.


title: RCW 3.58.060

text:
Any county with a district court created under this title shall create a county trial court improvement account. An amount equal to one hundred percent of the state's contribution received by the county for the payment of district court judges' salaries shall be deposited into the account. Money in the account shall be used to fund improvements to superior and district court staffing, programs, facilities, or services, as appropriated by the county legislative authority.
[ 2009 c 479 s 4; 2005 c 457 s 4.]
Notes:
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2005 c 457: See note following RCW 43.08.250.

catchline: County trial court improvement account—Contributions to account by county—Use of funds.


title: RCW 3.62.010

text:
The district court may at the time of sentencing or at any time thereafter suspend a portion or all of a fine or penalty.
[ 1984 c 258 s 305; 1961 c 299 s 105.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.

catchline: Suspension of fine or penalty.


title: RCW 3.62.020

text:
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
(2) Except as provided in RCW 9A.88.120, 10.99.080, * 7.84.100(4), and this section, the county treasurer shall remit thirty-two percent of the noninterest money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. With the exception of funds to be transferred to the judicial stabilization trust account under RCW 3.62.060(2), money remitted under this subsection to the state treasurer shall be deposited in the state general fund.
(3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund. Funds deposited under this subsection that are attributable to the county's portion of a surcharge imposed under RCW 3.62.060(2) must be used to support local trial court and court-related functions.
(4) Except as provided in *RCW 7.84.100(4), all money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
(5)(a) Except as provided in (b) of this subsection, penalties, fines, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, and costs imposed against a defendant in a criminal proceeding shall not accrue interest.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the state general fund, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.
[ 2018 c 269 s 3. Prior: 2012 c 262 s 1; 2012 c 136 s 4; 2012 c 134 s 6; 2011 1st sp.s. c 44 s 1; 2009 c 479 s 5; 2004 c 15 s 4; prior: 1995 c 301 s 31; 1995 c 291 s 5; 1988 c 169 s 3; 1985 c 389 s 5; 1984 c 258 s 306; 1971 c 73 s 8; 1969 ex.s. c 199 s 2; 1961 c 299 s 106.]
Notes:
*Reviser's note: RCW 7.84.100 was amended by 2024 c 231 s 3, changing subsection (4) to subsection (5).
Construction—2018 c 269: See note following RCW 10.82.090.
Effective date—2011 1st sp.s. c 44: "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 takes effect July 1, 2011." [ 2011 1st sp.s. c 44 s 7.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2004 c 15: See note following RCW 10.99.080.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.

catchline: Costs, fees, fines, forfeitures, and penalties except city cases—Disposition—Interest.


title: RCW 3.62.040

text:
(1) Except as provided in subsection (4) of this section, all costs, fines, forfeitures and penalties assessed and collected, in whole or in part, by district courts because of violations of city ordinances shall be remitted by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation occurred.
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions and certain costs, to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited in the state general fund.
(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
(4) All money collected for city parking infractions shall be remitted by the clerk of the district court at least monthly to the city treasurer for deposit in the city's general fund.
(5)(a) Except as provided in (b) of this subsection, penalties, fines, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, and costs imposed against a defendant in a criminal proceeding shall not accrue interest.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the state general fund, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts.
[ 2018 c 269 s 4; 2012 c 136 s 5; 2012 c 134 s 7; 2009 c 479 s 6; 2004 c 15 s 8; 1995 c 291 s 6; 1988 c 169 s 4; 1985 c 389 s 6; 1984 c 258 s 307; 1975 1st ex.s. c 241 s 2; 1961 c 299 s 108.]
Notes:
Construction—2018 c 269: See note following RCW 10.82.090.
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2004 c 15: See note following RCW 10.99.080.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.

catchline: Costs, fines, forfeitures, and penalties from city cases—Disposition—Interest.


title: RCW 3.62.050

text:
The total expenditures of the district courts, including the cost of providing courtroom and office space, the cost of probation and parole services and any personnel employment therefor, and the cost of providing services necessary for the preparation and presentation of a defense at public expense, except costs of defense to be paid by a city pursuant to RCW 3.62.070 and the portion of district court judges' salaries distributed by the administrator for the courts pursuant to RCW 2.56.030, shall be paid from the county current expense fund.
[ 2005 c 457 s 6; 1987 c 202 s 114; 1984 c 258 s 308; 1973 1st ex.s. c 10 s 1; 1969 ex.s. c 199 s 3; 1969 c 111 s 1; 1963 c 213 s 2; 1961 c 299 s 109.]
Notes:
Intent—2005 c 457: See note following RCW 43.08.250.
Intent—1987 c 202: See note following RCW 2.04.190.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.

catchline: Court expenditures to be paid from county current expense fund—Exception.


title: RCW 3.62.060

text:
(1) Clerks of the district courts shall collect the following fees for their official services:
(a) In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of forty-three dollars plus any surcharge authorized by RCW 7.75.035. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of forty-three dollars plus any surcharge authorized by RCW 7.75.035. No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action other than those listed.
(b) For issuing a writ of garnishment or other writ, or for filing an attorney issued writ of garnishment, a fee of twelve dollars.
(c) For filing a supplemental proceeding a fee of twenty dollars.
(d) For demanding a jury in a civil case a fee of one hundred twenty-five dollars to be paid by the person demanding a jury.
(e) For preparing a transcript of a judgment a fee of twenty dollars.
(f) For certifying any document on file or of record in the clerk's office a fee of five dollars.
(g) At the option of the district court:
(i) For preparing a certified copy of an instrument on file or of record in the clerk's office, for the first page or portion of the first page, a fee of five dollars, and for each additional page or portion of a page, a fee of one dollar;
(ii) For authenticating or exemplifying an instrument, a fee of two dollars for each additional seal affixed;
(iii) For preparing a copy of an instrument on file or of record in the clerk's office without a seal, a fee of fifty cents per page;
(iv) When copying a document without a seal or file that is in an electronic format, a fee of twenty-five cents per page;
(v) For copies made on a compact disc, an additional fee of twenty dollars for each compact disc.
(h) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).
(i) At the option of the district court, for clerk's services such as processing ex parte orders, performing historical searches, compiling statistical reports, and conducting exceptional record searches, a fee not to exceed twenty dollars per hour or portion of an hour.
(j) For duplication of part or all of the electronic recording of a proceeding ten dollars per tape or other electronic storage medium.
(k) For filing any abstract of judgment or transcript of judgment from a municipal court or municipal department of a district court organized under the laws of this state a fee of forty-three dollars.
(l) At the option of the district court, a service fee of up to three dollars for the first page and one dollar for each additional page for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
(2)(a) In addition to the fees required to be collected under this section, clerks of the district courts must collect a surcharge of thirty dollars on all fees required to be collected under subsection (1)(a) of this section.
(b) Seventy-five percent of each surcharge collected under this subsection (2) must be remitted to the state treasurer for deposit in the judicial stabilization trust account.
(c) Twenty-five percent of each surcharge collected under this subsection (2) must be retained by the county.
(3) The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.
[ 2021 c 303 s 1; 2017 3rd sp.s. c 2 s 1; 2013 2nd sp.s. c 7 s 1; 2012 c 199 s 1; 2011 1st sp.s. c 44 s 4. Prior: 2009 c 572 s 1; 2009 c 372 s 1; 2007 c 46 s 3; 2005 c 457 s 9; 2003 c 222 s 15; 1992 c 62 s 8; 1990 c 172 s 2; 1987 c 382 s 2; 1984 c 258 s 309; 1981 c 330 s 1; 1980 c 162 s 9; 1969 c 25 s 1; 1965 c 55 s 1; 1961 c 299 s 110.]
Notes:
Effective date—2021 c 303: "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 takes effect July 1, 2021." [ 2021 c 303 s 4.]
Effective date—2017 3rd sp.s. c 2: "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 takes effect July 1, 2017." [ 2017 3rd sp.s. c 2 s 4.]
Effective date—2013 2nd sp.s. c 7: "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 takes effect July 1, 2013." [ 2013 2nd sp.s. c 7 s 4.]
Effective date—2011 1st sp.s. c 44: See note following RCW 3.62.020.
Effective date—2009 c 572: See note following RCW 43.79.505.
Intent—2005 c 457: See note following RCW 43.08.250.
Effective date—1992 c 62: See RCW 27.24.900.
Effective date—1990 c 172: See note following RCW 7.75.035.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Severability—1981 c 330: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 330 s 11.]
Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010.

catchline: Filing fees in civil cases—Surcharge—Fees allowed as court costs.


title: RCW 3.62.065

text:
All courts organized under Title 3 or 35 RCW may charge fees as prescribed in RCW 3.62.060. The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.
[ 1992 c 62 s 7.]
Notes:
Effective date—1992 c 62: See RCW 27.24.900.

catchline: Fees allowed as court costs.


title: RCW 3.62.070

text:
Except in traffic cases wherein bail is forfeited or a monetary penalty paid to a violations bureau, and except in cases filed in municipal departments established pursuant to chapter 3.46 RCW and except in cases where a city has contracted with another city for such services pursuant to chapter 39.34 RCW, in every criminal or traffic infraction action filed by a city for an ordinance violation, the city shall be charged a filing fee. Fees shall be determined pursuant to an agreement as provided for in chapter 39.34 RCW, the interlocal cooperation act, between the city and the county providing the court service. In such criminal or traffic infraction actions the cost of providing services necessary for the preparation and presentation of a defense at public expense are not within the filing fee and shall be paid by the city. In all other criminal or traffic infraction actions, no filing fee shall be assessed or collected: PROVIDED, That in such cases, for the purposes of RCW 3.62.010, four dollars or the agreed filing fee of each fine or penalty, whichever is greater, shall be deemed filing costs.
In the event no agreement is reached between a city and the county providing the court service, either party may invoke binding arbitration on the fee issue by notice to the other party. In the case of establishing initial fees, the notice shall be thirty days. In the case of renewal or proposed nonrenewal, the notice shall be given one hundred twenty days prior to the expiration of the existing contract. In the event that such issue is submitted to arbitration, the arbitrator or arbitrators shall only consider those additional costs borne by the county in providing district court services for such city. The city and the county shall each select one arbitrator, the two of whom shall pick a third arbitrator. The existing contract shall remain in effect until a new agreement is reached or until an arbitration award is made.
[ 1994 c 266 s 15; 1993 c 317 s 8; 1984 c 258 s 39; 1980 c 128 s 14; 1979 ex.s. c 129 s 1; 1973 1st ex.s. c 10 s 2; 1961 c 299 s 111.]
Notes:
Effective date—1994 c 266 s 15: "Section 15 of this act shall take effect January 1, 1995." [ 1994 c 266 s 16.]
Severability—Effective date—1993 c 317: See notes following RCW 3.50.810.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.

catchline: Filing fees in criminal cases and traffic infractions—Arbitration if no agreement.


title: RCW 3.62.085

text:
Upon conviction or a plea of guilty in any court organized under this title or Title 35 RCW, a defendant in a criminal case is liable for a fee of $43, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.01.160(3). This fee shall be subject to division with the state under RCW * 3.46.120(2), 3.50.100(2), 3.62.020(2), 3.62.040(2), and 35.20.220(2).
[ 2022 c 260 s 16; 2018 c 269 s 16; 2005 c 457 s 10.]
Notes:
*Reviser's note: RCW 3.46.120 was repealed by 2008 c 227 s 12.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Intent—2005 c 457: See note following RCW 43.08.250.

catchline: Fee for conviction or plea of guilty.


title: RCW 3.62.090

text:
(1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to seventy percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court.
(2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under RCW 46.61.5055, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court.
(3) This section does not apply to the fee imposed under RCW 46.63.110(7), the penalty imposed under RCW 46.63.110(8), the additional penalty imposed under RCW 46.20.500, the additional fine imposed under RCW 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205, or the penalty assessment imposed under RCW 10.99.080. This section does not apply to the additional monetary penalties under RCW 46.61.165.
[ 2019 c 467 s 5; 2019 c 403 s 11; 2019 c 65 s 5; 2004 c 15 s 5; 2003 c 380 s 1; 2001 c 289 s 1; 1997 c 331 s 4; 1995 c 332 s 7; 1994 c 275 s 34; 1986 c 98 s 4; 1984 c 258 s 337.]
Notes:
Reviser's note: This section was amended by 2019 c 65 s 5, 2019 c 403 s 11, and by 2019 c 467 s 5, without reference to one another. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—Intent—2019 c 467: See note following RCW 46.20.289.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Finding—Effective date—2019 c 65: See notes following RCW 46.81A.020.
Intent—2004 c 15: See note following RCW 10.99.080.
Effective date—1997 c 331: See note following RCW 70.168.135.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective date—1986 c 98 s 4: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1986." [ 1986 c 98 s 5.]
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.

catchline: Public safety and education assessment—Amount.


title: RCW 3.62.100

text:
District courts shall take all steps necessary to promote efficiencies in calendaring in order to minimize costs to cities that use the district courts. Cities shall cooperate with the district courts in order to minimize those costs.
[ 1993 c 317 s 7.]
Notes:
Severability—Effective date—1993 c 317: See notes following RCW 3.50.810.

catchline: Promotion of efficiency.