2SHB 1207
SignedHouse
Superior court clerk fees
Concerning superior court clerk fees.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill raises most superior court filing fees—including civil, probate, and appeal cases—to $200, adds new surcharges (up to $100) to fund court operations and state programs, and establishes county-level funds for clerk’s office use. It also keeps eviction filing fees low ($45) and waives fees for certain cases like truancy and parental rights termination.
- Increases most civil filing fees to $200, including for adoption, name change, and probate cases.
- Reduces filing fee for eviction (unlawful detainer) cases to $45 and waives fees for truancy (compulsory attendance) cases.
- Adds a $100 surcharge on most civil, probate, and appeal filings (except appeals, antiharassment orders, and criminal conviction fees), with $35 of that going to state libraries/archives and the rest to county clerk offices.
- Adds a $30 surcharge specifically for civil appeals.
- Imposes a $200 fee on adult criminal defendants upon conviction (waivable for indigent defendants).
- Creates a county clerk administrative assistance fund in each county, funded by surcharge revenues, to support clerk’s office operations without needing annual budget approval.
Who is affected
- Civil litigants — People filing civil lawsuits (e.g., divorce, contract disputes, name changes) will pay higher fees—$200 for most cases, except $45 for eviction (unlawful detainer) cases and no fee for truancy cases.
- Appellants in civil cases — People appealing decisions from lower courts (e.g., district or municipal court) will pay a $200 filing fee plus a $30 surcharge.
- Probate petitioners and heirs — People filing probate cases (e.g., estate administration, will contests) will pay $200 per case, plus a $100 surcharge.
- Criminal defendants — Adult defendants convicted in criminal cases may be charged a $200 fee unless they are deemed indigent; courts may waive or reduce the fee upon request.
- Crime victims filing compensation claims — Victims of crime filing a notice of debt for compensation may be charged $200, plus a $100 surcharge.
Pro/Con Analysis
Stronger case for concerns
Potential Benefits (5)
Keeps eviction filing fees low ($45) and waives fees for truancy and parental rights termination cases—reducing barriers for landlords (in eviction) and vulnerable families (in family court), though the latter benefit is modest given that eviction filing is typically initiated by landlords, not tenants.
HousingPeopleRef: Sec. 1(2)(a) (unlawful detainer exception); Sec. 1(2)(a) (truancy waiver); Sec. 1(3) (parental rights waiver)Establishes county clerk administrative assistance funds with dedicated revenue (25% of surcharges), providing more stable, predictable funding for court operations without annual budget uncertainty—potentially improving efficiency and reducing delays in case processing for all litigants.
Local GovernmentPeopleRef: Sec. 1(5)(c) (25% county retention); Sec. 2 & 3Directs $35 of each $100 surcharge to state libraries/archives and crime victim programs, supporting public access to legal information and victim services—benefiting communities that rely on public resources for legal literacy and trauma support.
Public SafetyPeopleRef: Sec. 1(5)(c) (75% to state judicial stabilization trust account); Sec. 1(5)(c) ($35 of $100 surcharge to state libraries/archives and crime victim programs)Maintains relatively low filing fees for antiharassment orders ($53) and eviction cases ($45), supporting access to safety-related legal remedies—though the $45 eviction fee still represents a meaningful burden for low-income tenants facing displacement.
Public SafetyLean peopleRef: Sec. 1(2)(a) (unlawful detainer $45 fee); Sec. 1(2)(d) (antiharassment $53 fee)Includes explicit waivers for indigent criminal defendants and for sensitive family court matters (e.g., termination of parental rights), limiting financial barriers in high-stakes, low-resource contexts—though the burden remains for those just above indigency thresholds.
Rights & LibertiesLean peopleRef: Sec. 1(2)(h) (indigent waiver); Sec. 1(3) (parental rights, truancy waivers)
Potential Concerns (5)
Increases civil filing fees to $200 (plus $100 surcharge) for common legal actions such as adoption, name changes, probate, and crime victim compensation claims—effectively raising the cost of accessing civil court for middle- and low-income Washingtonians seeking legal remedies.
FinancialIndustryRef: Sec. 1(2)(a), (e), (f), (g); Sec. 1(5)(c)Imposes a $200 filing fee plus $30 surcharge on civil appeals, creating a significant barrier to appellate review for individuals and small entities without deep pockets—effectively limiting access to higher court review to those with greater financial means.
FinancialIndustryRef: Sec. 1(2)(b), (c); Sec. 1(5)(b), (c)Adds a $200 conviction fee for adult criminal defendants (waivable for indigents), which—while targeted at defendants—disproportionately burdens low-income individuals who may struggle to pay even modest legal financial obligations, potentially leading to wage garnishment, license suspension, or jail time for nonpayment.
FinancialIndustryRef: Sec. 1(2)(h); Sec. 1(5)(c)Creates county-level administrative funds (up to $100 per filing) that bypass annual budget scrutiny, potentially strengthening county clerk operations—but also entrenches a user-fee model that may divert attention from equitable service delivery and reduce accountability to county legislative authorities.
Local GovernmentLean industryRef: Sec. 1(5)(c), (c)–(e); Sec. 2 & 3Elevates the cost of civil court access for non-urgent matters (e.g., adoption, name changes, probate), which may deter low- and middle-income people from pursuing legal recognition of family status, property rights, or inheritance—delaying or preventing resolution of fundamental life events.
Rights & LibertiesLean industryRef: Sec. 1(2)(a), (e), (f), (g); Sec. 1(5)(c)
Who Is Most Affected
Low- and middle-income civil litigants face significantly higher costs for common legal actions (e.g., adoption, probate, name changes), potentially delaying or preventing access to legal remedies. While eviction fees are reduced, the overall fee structure still penalizes those who cannot absorb $200+ per filing.
Landlords benefit from the low $45 eviction filing fee, facilitating quicker legal access to remove tenants—but tenants face higher risks of displacement due to reduced procedural friction and no fee for initiating eviction.
County clerks gain stable, dedicated funding through the administrative assistance fund, improving operational capacity—but this may reduce transparency and accountability since expenditures bypass annual budget review.
Crime victims filing compensation claims now face a $300 total fee ($200 filing + $100 surcharge), creating a financial barrier to accessing benefits meant to support recovery—though waivers may apply in some cases.
Appellants (especially individuals and small businesses) face a $230 barrier to appeal, limiting access to higher courts and potentially entrenching adverse rulings—this disproportionately affects those without legal representation or deep pockets.