97 chapters · 1,831 sections in this title.
RCW 36.22.160 Copying, preserving, and indexing documents.
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Each county auditor is hereby authorized to provide for the installation and thereafter for the maintenance of an improved system for copying, preserving, and indexing documents recorded in the county. Such a system may utilize the latest technology including, but not limited to,…
RCW 36.22.170 Surcharge for preservation of historical documents—Distribution of revenue to county and state treasurer—Creation of account.
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(1)(a) Except as provided in (b) of this subsection, a surcharge of five dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. One dollar of the surcharge shall be used at the dis…
RCW 36.22.175 Surcharge for local government archives and records management—Records management training—Eastern Washington regional facility.
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(1)(a) In addition to any other charge authorized by law, the county auditor shall charge a surcharge of one dollar per instrument for each document recorded. Revenue generated through this surcharge shall be transmitted monthly to the state treasurer for deposit in the local gov…
RCW 36.22.181 Surcharge for prosecution of mortgage lending fraud—Transmittal to state treasurer.
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(1) Except as provided in subsection (2) of this section, a surcharge of one dollar shall be charged by the county auditor at the time of recording of each deed of trust, which will be in addition to any other charge authorized by law. The auditor may retain up to five percent of…
RCW 36.22.185 Covenant homeownership program assessment.
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(1) Beginning January 1, 2024, except as provided in subsection (2) of this section, the county auditor must collect a covenant homeownership program assessment of $100 for each document recorded, which is in addition to any other charge, surcharge, or assessment allowed by law. …
RCW 36.22.190 Distribution of funds.
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After deduction of those costs of the state treasurer that are described under *RCW 36.22.180, the balance of the funds will be distributed to the counties according to the following formula: One-half of the funds available shall be equally distributed among the thirty-nine count…
RCW 36.22.200 Action for change of name—Filing and recording.
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Upon receipt of the fee and the name change order from the district court as provided in RCW 4.24.130, the county auditor shall file and record the name change order.[ 1992 c 30 s 2.]
RCW 36.22.210 Process servers—Registration—Fees.
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(1) Each county auditor shall develop a registration process to register process servers required to register under RCW 18.180.010.(2) The county auditor may collect an annual registration fee from the process server not to exceed ten dollars.(3) The county auditor shall use a fo…
RCW 36.22.215 Process servers—Social security numbers.
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(1) The legislature finds that the dissemination of social security numbers of process servers is not in the public interest.(2) A county auditor collecting social security numbers from process servers required to register under RCW 18.180.010 shall not display or release a proce…
RCW 36.22.220 Election assistants, deputies—Appointment, qualifications.
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The county auditor of each county, as ex officio supervisor of all primaries and elections, general or special, within the county under Title 29A RCW, may appoint one or more well-qualified persons to act as assistants or deputies; however, not less than two persons of the audito…
RCW 36.22.230 Election assistants, deputies—Additional qualifications.
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Each deputy or assistant appointed under RCW 36.22.220 shall have been graduated from an accredited high school or shall have passed a high school equivalency examination. Each shall be knowledgeable in the rules and laws of conducting elections.[ 1992 c 163 s 13.]Notes:Effective…
RCW 36.22.240 Surcharge for growth management planning and review—Increasing residential building capacity.
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(1) Except as provided in subsection (2) of this section, a surcharge of two dollars and fifty cents shall be charged by the county auditor for each document recorded, which will be in addition to any other charge or surcharge allowed by law. The auditor shall remit the funds to …
RCW 36.22.250 Document recording surcharge.
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*** CHANGE IN 2026 *** (SEE 6027-S2.SL) ***(1) A surcharge of $183 per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. The following are exempt from this surcharge:(a) Documents recordi…
RCW 36.23.020 New bond may be required.
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When the judge or judges of any court, or a majority of them, believe that the clerk of the court does not have a good and sufficient bond on file, or that the bond is not large enough in amount, such judge or judges shall enter an order requiring him or her, within such time as …
RCW 36.23.030 Records to be kept.
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The clerk of the superior court at the expense of the county shall keep the following records:(1) A record in which he or she shall enter all appearances and the time of filing all pleadings in any cause;(2) A docket in which before every session, he or she shall enter the titles…
RCW 36.23.040 Custody and delivery of records.
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The clerk shall be responsible for the safe custody and delivery to his or her successor of all books and papers belonging to his or her office.[ 2009 c 549 s 4029; 1963 c 4 s 36.23.040. Prior: Code 1881 s 2181; 1863 p 418 s 8; 1854 p 367 s 8; RRS s 76.]
RCW 36.23.065 Destruction and reproduction of court records—Destruction of receipts for expenses under probate proceedings.
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Notwithstanding any other law relating to the destruction of court records, the county clerk may cause to be destroyed all documents, records, instruments, books, papers, depositions, and transcripts, in any action or proceeding in the superior court, or otherwise filed in his or…
RCW 36.23.067 Reproduced court records have same force and effect as original.
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Any print, whether enlarged or not, from any photographic film, including any photographic plate, microphotographic film, or photostatic negative or similar reproduction, or from any electronic record, of any original record, document, instrument, book, paper, deposition, or tran…
RCW 36.23.070 Destruction of court exhibits—Preservation for historical purposes.
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A county clerk may at any time more than five years after the entry of final judgment in any action apply to the superior court for an authorizing order and, upon such order being signed and entered, turn such exhibits of possible value over to the sheriff for disposal in accorda…
RCW 36.23.080 Office at county seat.
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The clerk of the superior court shall keep an office at the county seat of the county of which he or she is clerk.[ 2009 c 105 s 2; 1963 c 4 s 36.23.080. Prior: 1891 c 57 s 1; RRS s 73, part. Cf. Code 1881 s 2125.]
RCW 36.23.090 Search for birth parents—County clerk's duty.
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The county clerk shall provide the name and telephone number of at least one resource to assist adopted persons who are searching for birth parents, or birth parents who are searching for children they have relinquished, if these resources have contacted the clerk's office and re…
RCW 36.23.100 Electronic payment of court fees and other financial obligations—Authorized.
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County clerks are authorized to accept credit cards, charge cards, debit cards, smart cards, stored value cards, federal wire, and automatic clearinghouse system transactions, or other electronic communication, for payment of all fees and moneys due the court under RCW 36.18.012 …
RCW 36.23.110 Legal financial obligations—Report on collections.
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The Washington association of county officials, in consultation with county clerks, shall determine a funding formula for allocation of moneys to counties for purposes of collecting legal financial obligations, and report this formula to the legislature and the administrative off…
RCW 36.24.010 To act as sheriff under certain conditions.
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The coroner shall perform the duties of the sheriff in all cases where the sheriff is interested or otherwise incapacitated from serving; and whenever the coroner acts as sheriff he or she shall possess the powers and perform all the duties of sheriff, and shall be liable on his …
RCW 36.24.020 Inquests—Jury—Venue—Payment of costs.
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Any coroner, in his or her discretion, may hold an inquest if the coroner suspects that the death of a person was unnatural, or violent, or resulted from unlawful means, or from suspicious circumstances, or was of such a nature as to indicate the possibility of death by the hand …
RCW 36.24.030 Penalty for nonattendance of juror.
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Every person summoned as a juror who fails to appear without having a reasonable excuse shall forfeit a sum not exceeding twenty dollars, to be recovered by the coroner, in the name of the state, before any district judge of the county. The penalty when collected shall be paid ov…
RCW 36.24.040 Duty of coroner's jury—Oath.
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When four or more of the jurors attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by what means he or she came to his or her death, and into the circumstances attending his or her death, and to render a true verdict therein, according …
RCW 36.24.050 Power to summon witnesses—Subpoenas.
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The coroner may issue subpoenas for witnesses returnable forthwith or at such time and place as the coroner may appoint, which may be served by any competent person. The coroner must summon and examine as witnesses, on oath administered by the coroner, every person, who, in his o…
RCW 36.24.060 Power to employ physician or surgeon—Compensation.
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The coroner may summon a surgeon or physician to inspect the body and give under oath a professional opinion as to the cause of death. The fees for the coroner's physician or surgeon shall not be less than ten dollars.[ 1963 c 4 s 36.24.060. Prior: (i) 1901 c 131 s 1, part; Code …
RCW 36.24.070 Verdict of jury.
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After hearing the testimony, the jury shall render its verdict and certify the same in writing signed by the jurors, and setting forth who the person killed is, if known, and when, where and by what means he or she came to his or her death; or if he or she was killed, or his or h…
RCW 36.24.080 Testimony reduced to writing in certain cases and witnesses recognized.
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In all cases where murder or manslaughter is supposed to have been committed, the testimony of witnesses taken before the coroner's jury shall be reduced to writing by the coroner, or under his or her direction, and he or she shall also recognize such witnesses to appear and test…
RCW 36.24.090 Procedure where accused is under arrest.
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If the person charged with the commission of the offense has been arrested before the inquisition has been filed, the coroner shall deliver the recognizance and the inquisition, with the testimony taken, to the magistrate before whom such person may be brought, who shall return t…
RCW 36.24.100 Procedure where accused is at large—Delivery of findings to the prosecuting attorney.
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If the jury finds that the person was killed and the party committing the homicide is ascertained by the inquisition, but is not in custody, the coroner must deliver the findings of the jury and all documents, testimony, records generated, possessed, or used during the inquest to…
RCW 36.24.110 Form of warrant.
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Notes:Reviser's note: RCW 36.24.110 was amended by 2016 c 202 s 29 without reference to its repeal by 2016 c 186 s 2. It has been decodified for publication purposes under RCW 1.12.025.
RCW 36.24.130 Property of deceased.
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The coroner or medical examiner must, within thirty days after the investigation of the death, deliver to the county treasurer any money which may be found upon the body, unless claimed in the meantime by the legal representatives of the deceased. If there is personal property, o…
RCW 36.24.140 Duty of treasurer.
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Upon the delivery of money to the treasurer, the treasurer shall place it to the credit of the county.[ 2004 c 79 s 2; 1963 c 4 s 36.24.140. Prior: Code 1881 s 2790; 1863 p 562 s 16; 1854 p 438 s 16; RRS s 4195.]
RCW 36.24.150 Delivery to representatives.
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If the money in the treasury is demanded within six years by the legal representatives of the deceased, the treasurer shall pay it to them after deducting the fees and expenses of the coroner and of the county in relation to the matter, or the same may be so paid at any time ther…
RCW 36.24.155 Undisposed of remains—Entrusting to funeral homes or mortuaries—Indigenous persons remains.
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(1) Whenever anyone shall die within a county without making prior plans for the disposition of his or her body and there is no other person willing to provide for the disposition of the body, the county coroner shall cause such body to be entrusted to a funeral home in the count…
RCW 36.24.160 District judge may act as coroner.
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If the office of coroner is vacant, or the coroner is absent or unable to attend, the duties of the coroner's office may be performed by any district judge in the county with the like authority and subject to the same obligations and penalties as the coroner. For such service a d…
RCW 36.24.170 Coroner not to practice law.
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The coroner shall not appear or practice as attorney in any court, except in defense of himself or herself or his or her deputies.[ 2009 c 549 s 4039; 1963 c 4 s 36.24.170. Prior: 1891 c 45 s 4, part; Code 1881 s 2770, part; 1863 p 558 s 5, part; 1854 p 434 s 5, part; RRS s 4171,…
RCW 36.24.175 Coroner not to be owner or employee of funeral home or mortuary—Counties with populations of forty thousand or more.
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In each county with a population of forty thousand or more, no person shall be qualified for the office of county coroner as provided for in RCW 36.16.030 who is an owner or employee of any funeral home or mortuary.[ 1991 c 363 s 54; 1969 ex.s. c 259 s 3.]Notes:Purpose—Captions n…
RCW 36.24.180 Audit of coroner's account.
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Before auditing and allowing the account of the coroner the board of county commissioners shall require from him or her a verified statement in writing, accounting for all money or other property found upon persons on whom inquests have been held by him or her, and that the money…
RCW 36.24.190 Medical examiner—When authorized—Election—Qualifications for appointment.
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In a county with a population of two hundred fifty thousand or more, the county legislative authority may, upon majority vote at an election called by the county legislative authority, adopt a system under which a medical examiner may be appointed to replace the office of the cor…
RCW 36.24.200 Subpoena for production—Authority.
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In addition to any of its existing authorities, the coroner may, in the course of an active or ongoing death investigation, request that the superior court issue subpoenas for production of documents or other records and command each person to whom the subpoena is directed to pro…
RCW 36.24.205 Medicolegal forensic investigation training required.
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Within 12 months of being elected or appointed to the office, a coroner or medical examiner must have a certificate of completion of medicolegal forensic investigation training that complies with the standards adopted for the medicolegal training academy adopted by the criminal j…
RCW 36.24.210 Accreditation required.
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Except those run by a county prosecutor, all county coroner's offices and medical examiner's offices must be accredited by either the international association of coroners and medical examiners or the national association of medical examiners no later than July 1, 2025, and maint…
RCW 36.26.010 Definitions.
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As used in this chapter:(1) "County commissioners" or "board of county commissioners" means and includes:(a) Any single board of county commissioners, county council, or other governing body of any county which has neither a board of county commissioners nor a county council deno…
RCW 36.26.020 Public defender district—Creation—Office of public defender.
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The board of county commissioners of any single county or of any two or more territorially contiguous counties or acting in cooperation with the governing authority of any city located within the county or counties may, by resolution or by ordinance, or by concurrent resolutions …
RCW 36.26.030 Selection committee.
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The board of county commissioners of every county electing to become or to join in a public defender district shall appoint a selection committee for the purpose of selecting a full or part time public defender for the public defender district. Such selection committee shall cons…
RCW 36.26.040 Public defender—Qualifications—Term.
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Every public defender and every assistant public defender must be a qualified attorney licensed to practice law in this state; and the term of the public defender shall coincide with the elected term of the prosecuting attorney.[ 1969 c 94 s 4.]