City of Tacoma v. State

816 P.2d 7, 117 Wash. 2d 348, 1991 Wash. LEXIS 338
CourtWashington Supreme Court
DecidedSeptember 12, 1991
Docket56836-7
StatusPublished
Cited by54 cases

This text of 816 P.2d 7 (City of Tacoma v. State) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Tacoma v. State, 816 P.2d 7, 117 Wash. 2d 348, 1991 Wash. LEXIS 338 (Wash. 1991).

Opinions

Utter, J.

The City of Tacoma filed a petition with the State Office of Financial Management asking to be reimbursed, pursuant to RCW 43.135, for costs expended in implementing the Domestic Violence Prevention Act. The petition was denied. The City then filed this declaratory relief action against the State and several state officials, claiming a right to reimbursement pursuant to RCW 43.135. Judge Arnold of the Pierce County Superior Court held the State is required to reimburse the City of Tacoma for such costs. We affirm his decision.

[351]*351I

A. The Domestic Violence Act.

In 1979, the Legislature enacted the domestic violence act.1 Laws of 1979, 1st Ex. Sess., ch. 105, codified as RCW 10.99. The act went into effect in September 1979. It set forth procedural requirements for police, prosecutors and courts in domestic violence criminal cases. The 1979 act focuses on criminal remedies, and was enacted prior to RCW 43.135. It is not at issue in this case. (The Superior Court's judgment addresses the 1984 and 1985 acts only.)

B. RCW 43.135.

In November 1979, the voters of the state of Washington passed Initiative 62. This initiative was intended to limit state tax revenues by tying increases in revenues to increases in state personal incomes. The initiative was codified as RCW 43.135. An additional purpose of the legislation was to assure that the State does not impose on any taxing district2 responsibility for new programs or increased levels of services under existing programs unless they are paid for by the State. The statute provides:

The legislature shall not impose responsibility for new programs or increased levels of service under existing programs on any taxing district unless the districts are reimbursed for the costs thereof by the state.

RCW 43.135.060(1).

C. The Domestic Violence Prevention Act.

In 1984, the Legislature, apparently not satisfied with the effectiveness of the 1979 act, adopted the Domestic Violence Prevention Act. Laws of 1984, ch. 263, codified as RCW 26.50. This act expanded the definition of domestic violence and created a civil remedy in the form of a [352]*352protection order. It provides that any person who is a victim of domestic violence may file a petition for an order of protection. RCW 26.50.020(1). The person may obtain an ex parte order for immediate, temporary relief. RCW 26.50.070. A hearing is to be held within 2 weeks. RCW 26.50.050. At this hearing, the court has the authority to issue a permanent order which may: restrain the respondent's contact with the victim, order the respondent to stay away from the petitioner's home, award temporary custody of children, order the respondent to participate in treatment or counseling, and order any other relief the court deems necessary to protect the petitioner. RCW 26.50.060. This remedy is in addition to any other civil or criminal remedy. RCW 26.50.210.

The Domestic Violence Prevention Act imposed several new duties on courts and peace officers. All court clerk's offices are required to make available simplified forms and informational brochures. RCW 26.50.030(3). The clerk's office must also notify law enforcement agencies of no-contact orders. RCW 26.50.100. When a protective order is issued, it is generally the responsibility of peace officers to serve a copy on the defendant. RCW 26.50-.090(2). Such service takes precedence over service of other documents unless they, too, are of an emergency nature. RCW 26.50.090(3). Violation of a civil protection order is a misdemeanor and constitutes contempt of court. RCW 26.50.110(1), (3). Finally, if a police officer has probable cause to believe a person has violated a protection order, he must make an arrest, even though he may not have a warrant. RCW 26.50.110(2).

In addition, this act made various related amendments to the 1979 act. For example, it altered the definition of domestic violence and added four new crimes to the list contained in RCW 10.99.020. The act now mandates arrest when an officer has probable cause to believe that a domestic violence crime has been committed. RCW 26.50.110(2); RCW 10.31.100(2)(a). Also, in addition to other duties, the officer must advise the victim of the [353]*353availability of a shelter or other services; must provide a toll free telephone number for obtaining information regarding such services; and must give advice concerning legal rights, including the right to file for a protective order. RCW 10.99.030. The amendments also include a provision that any restraining order issued in connection with a release pending trial or a conviction be entered into a statewide computer information system. RCW 10.99.040(5), .050(3).

In 1985, the Legislature made some amendments to the 1984 act concerning jurisdiction of municipal and district courts; realignment of parties and waiver of filing fees; and reimbursement of costs and fees by respondents.

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Bluebook (online)
816 P.2d 7, 117 Wash. 2d 348, 1991 Wash. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-tacoma-v-state-wash-1991.