GR 34
                  Waiver of Court and Clerk's Fees and Charges in
                      Civil Matters on the Basis of Indigency


    (a)  Any individual, on the basis of indigent status as defined herein, may
seek a waiver of filing fees or surcharges the payment of which is a condition
precedent to a litigant's ability to secure access to judicial relief from a
judicial officer in the applicable trial court.

    (1) The application for such a waiver may be made ex parte in writing
or orally, accompanied by a mandatory pattern form created by the
Administrative Office of the Courts (AOC) whereby the applicant attests to
his or her financial status or, in the case of an individual represented by
a qualified legal services provider ("QLSP") or an attorney working in
conjunction with a QLSP, a declaration of counsel stating that the
individual was screened and found eligible by the QLSP.

    (2) The court shall accept an application submitted in person, by
mail and where authorized by local court rule not inconsistent with GR 30,
electronic filing.  The process for presentation of the application shall
conform to local court rules and clerk processes not inconsistent with the
rules of this court for presenting ex parte orders to the court directly or
via the clerk.  All applications shall be presented to a judicial officer
for consideration in a timely manner and in conformity with the local
court's established procedures.  There shall be no locally imposed fee for
making an application.  The applicant or applicant's attorney filing by
mail, shall provide the court with a self-addressed stamped envelope for
timely return of a conformed copy of the order.

                                 COMMENT

    This rule establishes the process by which judicial officers may
waive civil filing fees and surcharges for which judicial officers
have authority to grant a waiver.  This rule applies to mandatory
fees and surcharges that have been lawfully established, the payment
of which is a condition precedent to a litigant's ability to secure
access to judicial relief.  These include but are not limited to
legislatively established filing fees and surcharges (e.g., RCW
36.18.020(5)); other initial filing charges required by statute
(e.g., family court facilitator surcharges established pursuant to
RCW 26.12.240; family court service charges established pursuant to
RCW 26.12.260; domestic violence prevention surcharges established
pursuant to RCW 36.18.016(2)(b)); and other lawfully established fees
and surcharges which must be paid as a condition of securing access
to judicial relief.

    (3)  An individual who is not represented by a qualified legal
services provider (as that term is defined below) or an attorney working in
conjunction with a qualified legal services provider shall be determined to
be indigent within the meaning of this rule if such person, on the basis of
the information presented, establishes that:

    (A)  he or she is currently receiving assistance under a needs-based,
means-tested assistance program such as the following:

       (i) Federal Temporary Assistance for Needy Families (TANF);

       (ii) State-provided general assistance for unemployable individuals (GA-U or GA-X);

       (iii) Federal Supplemental Security Income (SSI);

       (iv) Federal poverty-related veteran's benefits; or

       (v) Food Stamp Program (FSP); or

     (B)  his or her household income is at or below 125 percent of the
federal poverty guideline; or

     (C)  his or her household income is above 125 percent of the federal
poverty guideline and the applicant has recurring basic living expenses (as
defined in RCW 10.101.010(4)(d)) that render him or her without the
financial ability to pay the filing fees and other fees or surcharges for
which a request for waiver is made; or

     (D)  other compelling circumstances  exist that demonstrate an
applicant's inability to pay fees and/or surcharges.

     (4)  An individual represented by a QLSP, or an attorney working in
conjunction with a QLSP that has screened and found the individual eligible
for services, is presumptively deemed indigent when a declaration from
counsel verifies representation and states that the individual was screened
and found eligible for services.

     (5)  As used in this rule, "qualified legal services provider" means
those legal services providers that meet the definition of APR 8(e).

                                    COMMENT

     The adoption of this rule is rooted in the constitutional premise
that every level of court has the inherent authority to waive payment
of filing fees and surcharges on a case by case basis.  Each court is
responsible for the proper and impartial administration of justice
which includes ensuring that meaningful access to judicial review is
available to the poor as well as to those who can afford to pay.

    (b)  Nothing in this rule shall prohibit or delay action on the
underlying petition upon the court's approval of a waiver and presentation of
an original petition may accompany the initial fee waiver.


[Adopted effective December 28, 2010.]