§ 35.20.220 — Powers and duties of chief clerk—Remittance by city treasurer—Interest—Disposition.

Washington § 35.20.220

• Jurisdiction: Washington
• Title 35: CITIES AND TOWNS
• Ch. 35.20: MUNICIPAL COURTS—CITIES OVER FOUR HUNDRED THOUSAND

Text

(1) The chief clerk, under the supervision and direction of the court administrator of the municipal court, shall have the custody and care of the books, papers and records of the court. The chief clerk or a deputy shall be present during the session of the court and has the power to swear all witnesses and jurors, administer oaths and affidavits, and take acknowledgments. The chief clerk shall keep the records of the court and shall issue all process under his or her hand and the seal of the court. The chief clerk shall do and perform all things and have the same powers pertaining to the office as the clerks of the superior courts have in their office. He or she shall receive all fines, penalties, and fees of every kind and keep a full, accurate, and detailed account of the same. The chief clerk shall on each day pay into the city treasury all money received for the city during the day previous, with a detailed account of the same, and taking the treasurer's receipt therefor.

(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.

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 .

Legislative History

[2018 c 269 s 5;2012 c 136 s 7;2012 c 134 s 9;2009 c 479 s 19;2004 c 15 s 9;1995 c 291 s 4;1988 c 169 s 6;1985 c 389 s 8;1984 c 258 s 319;1969 ex.s. c 147 s 5;1965 c 7 s 35.20.220. Prior:1955 c 290 s 22.]