§53.2.2 Text of Rule

JurisdictionWashington

§53.2.2 TEXT OF RULE

RULE 53.2. COURT COMMISSIONERS

(a)Appointment of Court Commissioners - Qualifications - Term of Office. [Reserved. See RCW 2.24.010.]

(b)Oath. [Reserved. See RCW 2.24.020.]

(c)Salary. [Reserved. See RCW 2.24.030.]

(d)Powers of Commissioners - Fees. [Reserved. See RCW 2.24.040.]

(e)Revision by Court. [Reserved. See RCW 2.24.050.]

The statutes referenced in CR 53.2 provides as follows:

2.24.010. Appointment of court commissioners, criminal commissioners - Qualifications - Term of office.

(1) There may be appointed in each county or judicial district, by the judges of the superior court having jurisdiction therein, one or more court commissioners for said county or judicial district. Each such commissioner shall be a citizen of the United States and shall hold the office during the pleasure of the judges making the appointment.

(2)(a) There may be appointed in counties with a population of more than four hundred thousand, by the presiding judge of the superior court having jurisdiction therein, one or more attorneys to act as criminal commissioners to assist the superior court in disposing of adult criminal cases. Such criminal commissioners shall have power, authority, and jurisdiction, concurrent with the superior court and the judges thereof, in adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.6333; accept pleas if authorized by local court rules; appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances; and accept waivers of the right to speedy trial.

(b) The county legislative authority must approve the creation of criminal commissioner positions.

2.24.020. Oath.

Court commissioners appointed hereunder shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the state of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability.

2.24.030. Salary.

Each court commissioner appointed hereunder shall be allowed a salary, in addition to the fees herein provided for, in such sum as the board of county commissioners may designate, said salary to be paid at the time and in the manner as the salary of other county officials.

2.24.040. Powers - Fees.

Such court commissioner shall have power, authority, and jurisdiction, concurrent with the superior court and the judge thereof, in the following particulars:

(1)To hear and determine all matters in probate, to make and issue all proper orders therein, and to issue citations in all cases where same are authorized by the probate statutes of this state.

(2)To grant and enter defaults and enter judgment thereon.

(3)To issue temporary restraining orders and temporary injunctions, and to fix and approve bonds thereon.

(4)To act as referee in all matters and actions referred to him or her by the superior court as such, with all the powers now conferred upon referees by law.

(5)To hear and determine all proceedings supplemental to execution, with all the powers conferred upon the judge of the superior court in such matters.

(6)To hear and determine all petitions for the adoption of children and for the dissolution of incorporations.

(7)To hear and determine all applications for the commitment of any person to the hospital for the insane, with all the powers of the superior court in such matters: PROVIDED, That in cases where a jury is demanded, same shall be referred to the superior court for trial.

(8)To hear and determine all...

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