Jurisdiction & Portability Work Group

Workgroup Profile

Charge
Analyze prior court reform proposals and develop new court reform proposals to improve effectiveness, reduce court congestion or better manage cases within the Washington trial courts relating to jurisdiction and specialization of matters, portability of cases, and re-organization of judicial resources. Include consideration of consolidation of trial courts and other programs aimed at achieving a better balance of workload and resources in the trial courts. Review existing programs and methods used by Washington courts to adjust the workload balance between trial courts, including both civil and criminal cases. Analyze methods that include: 1) consolidation of the trial courts, and/or 2) shifting or combining cases or subject matter, e.g. domestic violence court; mental health court and/or 3) shifting or combining resources. Identify impediments that deter courts from exercising the flexibility to respond to changes in workload demands. Evaluate the broader use of elected or retired judges to sit as pro tems without special consent from litigants. Evaluate use of part time judges and consider ways to more effectively use their training and expertise as system workload dictates. Recommend strategies for removing jurisdictional barriers that diminish the effective disposition of cases. Estimate financial impact and responsibility of recommendations. Draft legislation or court rules to implement any recommended changes.

Subcommittees

1. Merger of Trial Courts Subcommittee - Wayne Blair, chair
   Charge: Study and make recommendations to the Workgroup regarding the desirability, feasibility and/or, if some form of merger is recommended, methods to merge all or some of the trial courts in the State of Washington. Consider the concept of developing a local option mechanism that would allow, on a county-by-county basis, counties to merge one or more of the levels of their trial courts. If the subcommittee concludes that merger of some or all of the tial courts is not desirable or feasible, even on a local option basis, explain the basis for your conclusions. If some form of merger is recommended, explain the subcommittee’s proposed methods and timing for accomplishing such result. Estimate financial impact of and responsibility for recommendations. Draft legislation or court rules to implement any recommended changes. Consider the impact of any recommendations on the obligation of the judiciary to ensure meaningful access to justice system for poor and vulnerable people (civil and criminal) and incorporate these considerations in the development of specific recommendations.
2. Portability and Specialization Subcommittee - Judge Randy Fritzler, chair
   Charge: Study and make recommendations to the Workgroup regarding the desirability, feasibility and/or strategies for the trial courts in the State of Washington to breakdown the jurisdictional barriers between and among the trial courts to achieve a better balance of workload and resources. Such methods or strategies might include, for example, cross-assignment of judges, cases, personnel and/or other resources in some of the trial courts. Review existing programs and methods used by Washington trial courts to adjust the workload balance between trial courts, including both civil and criminal cases and make recommendations regarding those “best practices that might be considered by other trial courts. Identify impediments that deter trial courts from exercising the flexibility to respond to changes in workload demands. Consider whether some cases or matters should be moved, and resolved by persons other than judges. Consider as well, greater specialization of subject matter within the trial courts, such as drug courts, domestic violence courts, mental health courts or other forms of subject matter specialization used by some jurisdictions and make recommendations. Finally, consider issues relating to the collection and payment of fines and penalties, and recommend how to improve the collection of fines and at the same time recommend programs for those who cannot now pay and likely will never be able to pay the fines and penalties assessed against them. Estimate financial impact of and responsibility for recommendations on the obligation of the judiciary to ensure meaningful access to justice system for poor and vulnerable people (civil and criminal) and incorporate these considerations in the development of specific recommendations.
3. Jurisdiction and Pro Temp Subcommittee - Judge Sam Cozza, chair
   Charge: Study and make recommendations to the Workgroup regarding the desirability, feasibility and/or methods for the trial courts in the State of Washington to make greater use of retired judges, part-time judges or lawyers to serve as judges pro tempore, and in some cases, without special consent from the litigants. Evaluate use of part-time judges and recommend ways to more effectively use their training and expertise as system workload dictates. Also consider and recommend changes in the jurisdiction of the trial courts. Consider and recommend whether concurrent jurisdiction between the district and superior courts should be eliminated or modified. Consider and recommend whether the damages jurisdictions limit in district court should be further increased. Consider and recommend whether the definition of misdemeanors, as it relates to the juridiction of district courts, should be changed to increase or decrease the number of such cases that could be tried in the district courts. Consider and recommend whether small claims court jurisdiction should be increased. Evaluate desirability of transferring jurisdiction of mandatory arbitration claims to limited jurisdiction courts. Evaluate increased use of referees and mediators to relieve judicial resources. Estimate financial impact of and responsibility for recommendations. Draft legislation or court rules to implement any recommended changes. Consider the impact of any recommendations on the obligation of the judiciary to ensure meaningful access to the justice system for poor and vulnerable people (civil and criminal) and incorporate these considerations in the development of specific recommendations.

The next Scheduled Meetings for the Jurisdiction & Portability Work Group have been set as follows:

A separate scheduled meeting for the Merger of Trial Courts Subcommittee has been set as follows: