Washington Courts: Judicial News Report Detail

2002 Legislative Watch: Tough choices during a difficult session

by Wendy K. Ferrell
AOC Reports Editor

In what many are calling the most difficult session in years, the 57th Legislature reached its first cut-off date on February 8^th, offering a number of proposed bills which may impact Washington’s judiciary.

Perhaps the greatest legislative challenge this year, however, will not be in approving legislation but rather agreeing upon a supplemental budget for our state. Faced with a 1.25 billion-dollar deficit, a proposal by Governor Locke could result in the elimination of BECCA truancy program, the Treatment Accountability for Safe Communities Program, and numerous additional reductions in services administered by the Department of Social and Health Services (HB 2459) and the Department of Corrections (HB 2520/SB 6499 & HB 2712).

Since the start of session, the Board for Judicial Administration’s (BJA) Executive Committee has convened weekly via conference call to take positions on proposed legislation, and consider recommendations from the legislative committees of each judicial association.

From requiring mandatory arbitration in counties with populations over 150,000, to modifying municipal court provisions, below is a summary of bills considered by the BJA, and other highlights this legislative session.

Please note: status reports are current as of February 11, 2002.

2SHB 2338/SB 6361 Drug offense sentencing

Adopts recommendations by the Sentencing Guidelines Commission regarding drug offenses. Reduces incarceration time for many offenses and uses the resulting savings to fund substance abuse treatment programs.

Status: House Rules; Senate Ways and Means

HB 2374 Non-judicial holiday (Died in committee)

Authorizes a local holiday to be observed as a non-judicial day by the superior, district, and municipal courts. Status: House Judiciary

HB 2459 Children’s programs and services

Changing children's programs and services as a result of budget reductions.

Status: House Appropriations

HB 2471/SB 6512 Methodology determining the number of district court judges

Provides that the Supreme Court shall make its recommendations for changes in the numbers of district court judges to the legislature based on an objective workload analysis that takes into account available judicial resources and the caseload activity of each court. Status: House Rules; Senate Rules

HB 2472/SB 6510 Administrative Office of the Courts

Revising provisions relating to the Administrative Office of the Courts. Including a provision that the Supreme Court shall make its recommendations for changes in the number of superior and district court judges to the legislature based on an objective workload analysis that takes into account available judicial resources and the caseload activity of each court. Status: House Rules; Senate Rules

HB 2520/SB 6499 Supervision of offenders

Revises provisions relating to the supervision of offenders.

Status: House Judiciary; Senate Rules

HB 2704 Revising speedy trial provisions (Died in committee)

Requires the court to make several findings before dismissing a criminal charge for violation of the speedy trial time limits, including the finding that the rights of the defendant have been prejudiced to such an extent that it has materially affected the right to a fair trial.

Status: House Judiciary

HB 2712 Supervision of offenders

Revises provisions relating to the supervision of offenders.

Status: House Judiciary

SHB 2754 Modifying mandatory arbitration provisions

Provides that, in counties with a population of more than one hundred fifty thousand, mandatory arbitration of civil actions under chapter 7.06 RCW shall be required. In counties with populations of less than one hundred fifty thousand, the superior court of the county, by majority vote of the judges thereof, or the county legislative authority may authorize mandatory arbitration of civil actions.

Status: House Rules

HB 2801 Venue of court actions

Declares that in any calendar year in which ten actions against the state have been filed in Thurston County, a change of venue must be made to move additional actions.

Status: House Rules

SB 5262 Property value crimes

Changing threshold property values for felony crimes against property. The change in value would reduce the number of these cases in superior courts, resulting in approximately 33% of cases going to district and municipal courts.

Status: Senate Rules

PSS 5692 Youth Courts

Provides that a court created under chapter 3.30, 3.46, 3.50, or 35.20 RCW may create a youth court. The youth court shall have jurisdiction over traffic infractions alleged to have committed by juveniles aged sixteen or seventeen. The court may refer a juvenile to the youth court upon request of any party or upon its own motion.

Status: House Juvenile Justice/Family

SB 6297 Association dues (Died in committee)

Amends RCW 3.70 providing for the mandatory payment of dues to be paid by each member of DMCJA and to permit the payment of dues from general funds.

Status: Senate Judiciary

SB 6311 Modifying juror compensation (Died in committee)

Increases the compensation from twenty-five dollars a day to fifty-five dollars a day. Provides that a city may levy an annual regular property tax of up to two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property in the city for purposes of juror compensation.

Status: Senate Judiciary

SB 6357 Revising the method for selection of jurors (Died in committee)

Eliminates merging of licensed drivers and identicard holders with registered voters for any county.

Status: Senate Judiciary

SB 6596 Spokane district judges

Increasing the number of Spokane district court judges from nine to ten.

Status: Senate Rules

SB 6679 Revenue emergency

Provides that, after receipt of a declaration of revenue emergency by a county legislative authority, the governor may proclaim a county revenue emergency in that county, draw upon the unappropriated amount in the state treasury, and pay for the essential government services set forth under this act.

Status: Senate Ways & Means

SB 6700 Personal information privacy

Provides that any law enforcement-related or court-related employee or volunteer who suffers damages as a result of a person or organization wrongfully releasing the residential address, residential telephone number, birthdate, or social security number of the employee or volunteer may bring an action against the person or organization in court for actual damages sustained, plus attorneys' fees and costs.

Status: Senate Rules

SB 6719 Modifying municipal court provisions

Requires that cities and towns with populations exceeding fifty thousand that have established municipal courts shall provide at least one elected full-time municipal judge.

Status: Senate Rules

SJM 8034 Tribal nations criminal justice information

Requests that the Supreme Court enter into compacts with the Tribal nations concerning criminal justice information.

Status: Senate Rules