.

    All legal matters filed in the courts are classified as civil or criminal.
 

CIVIL

    Civil cases are usually disputes between private citizens, corporations, governmental bodies or other organizations.  They involve the determination of private or civil rights or compensation for their infraction.  They may involve property or personal rights, as, for example, actions arising from landlord and tenant disputes, auto or personal accidents, breach of warranty or consumer goods, contract disputes, adoptions, marriage dissolutions (divorce), probates, guardianships, and professional liability suites.

    In a civil action, decisions are based upon a preponderance of evidence.  The party bringing the action (plaintiff) must prove his case by presenting evidence that is more convincing to the trier of facts (judge or jury) than the opposing evidence.
 

CRIMINAL

    Criminal cases are brought by the government against individuals or corporations accused of committing a crime.  The government makes the charge because a crime is considered an act against all of society.  The prosecuting attorney prosecutes the charge against the accused person (defendant) on behalf of the government (plaintiff).  In criminal cases, the prosecution must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt.

    There are two classifications of crimes: felonies and misdemeanors.  The more serious crimes are called felonies and are punishable by confinement in a state prison.  Examples of such crimes are arson, assault, larceny, burglary, murder and rape.  Lesser offenses are called misdemeanors are are punishable by confinement in a local city or county jail.  Examples of gross misdemeanors are theft of property or services valued at up to $250 and driving while under the influence (DWI) of alcohol or drugs.  Among the many types of misdemeanors are disorderly conduct, prostitution and possession of less than 40 grams of marijuana.
 

TRIAL PROCESS

    Depending on the kind of action, a case may be tried before a judge or before a judge and jury.  But whether the case is civil or criminal, or is tried by a judge or jury, the procedure is essentially the same.  The following is a general step-by-step description of the trial process.
 
 

Figure 1. Civil Case Process

Figure 2. Misdemeanor Case Process

Figure 3. Felony Case Process

 
 

JURY SELECTION

    At the beginning of the trial, jury selection, (called voir dire) is required to choose a panel of 6 or 12 people.  Those gathered for jury duty selection are randomly chosen from the voter registration list in their area.

Limited Jurisdiction: District Court.  If a jury trial is requested in the district court, the jury consists of six or fewer people.  Selection and voir dire are handled in the same manner as in Superior Court.

General Instruction: Superior Court.  There are usually between 15 and 35 prospective jurors present in the courtroom at one time to be questioned.  First, the clerk draws the needed number of names from a box containing the names of all prospective jurors.  Next, the case to be heard is explained by the judge.  The names of the parties in the matter are given as are those of the attorneys.

    General questions, such as whether the prospective jurors are acquainted with the parties in the case, are sometimes asked of the group as a whole, either by the judge or by one of the attorneys.  Each person is then specifically questioned, first by the plaintiff's attorney, then by the attorney for the defense.  The questions are designed to reveal a prospective juror's background and general beliefs and whether those beliefs indicate a prejudice toward either of the parties in the case.  If the answer indicates a prospective juror may not be qualified, one of the attorneys will challenge for cause.  If the judge determines the prospective juror could not be impartial in the case, or that there might be an appearance of unfairness, he will excuse the juror "for cause".

    Following the "challenge for cause," the attorneys on each side may use peremptory challenges to excuse a certain number of jurors without citing a specific reason.  The number of jurors permitted to be excused in this manner depends upon the type of case.

    The six or 12 people remaining after all challenges have been made, make up the jury.  The jury is then administered the oath by the clerk or judge.  Frequently, one or more alternate jurors are chosen.

Trial Procedures:  All interested parties and observers should be seated in the courtroom before the trial is scheduled to begin.  Everyone stands as the judge enters the courtroom and remains standing until the judge is seated.
 

A.    Beginning with the plaintiff's side, each party's attorney usually makes an opening statement.  Opening statements outline the facts that each party expects to establish during the trial.

B.    The plaintiff's attorney calls his witnesses first.  Under direct examination, he asks questions of each witness.  After the questions, the other party may ask questions of the same witness.  This is called cross-examination.

C.    After the plaintiff has presented witnesses, the defense is entitled to present its case, and a similar process of "direct" and "cross" examination takes place.

D.    After each party's attorney has finished questioning the witnesses and presenting evidence to support his case, he "rests" the case.

E.    In a jury trial, after all evidence has been presented and all witnesses have been heard, the judge instructs the jury on the law that governs the case, defines the issues the jury must decide, and charges them to reach a fair verdict based on the evidence presented.

F.    Next, the attorneys for each party in the case presents a closing argument.  Closing arguments sum up the evidence e and testimony, in a final effort to persuade the jury and/or judge in favor of the attorney's client.

G.    In a jury trial, the bailiff then takes the jurors from the courtroom to the jury room to consider the case.  The jury remains in the room until a verdict is reached, unless the judge specifically allows separation or a recess for meals.  In a civil trial, five of six or ten of twelve jurors must agree on the final verdict.  In a criminal trial, all jurors must agree.

Sentencing Procedures:  On July 1, 1984, sentencing procedures in the state's superior courts changed significantly.  On that date, implementation of the state's Sentencing Reform Act, passed by the legislature in 1981, went into effect.  Prior to implementation of the new law, judges operated under an indeterminate sentencing system.  Judges now make sentencing under a determinate sentencing system.  Under the new system, court-imposed sentences represent actual or "real-time" spent in prison and are thus determinate.

    Under the determinate sentencing system, offenders convicted of felony crimes are sentences according to a uniform set of guidelines.  The guidelines structure, but do not eliminate, a sentencing judge's discretion.  The purpose of the new system is to assure that those sentenced for similar crimes and who have comparable criminal backgrounds, receive similar treatment.

    The guidelines are based on two elements of an offender's behavior: (1) the seriousness of the crime(s) with which he has been charged and, (2), his criminal history.  A judge can depart from these guidelines but only if compelling circumstances exist.  Only sentences imposed outside of the guidelines can be appealed.

    In some cases, a judge can give probationary sentences but probation terms are limited to two years.  Though probationary defendants can avoid time spent in a state prison, they can be required to participate in employment or treatment programs, return what they took from their victims and/or serve up to a year in the county jail.

    Parole, which before July 1984, existed for defendants who were released from prison, is no longer available, except for those sentenced before that time.

    All convictions, whether adult or juvenile, carry a mandatory penalty assessment, prescribed by state law, for the state's victim compensation fund.  In addition, a court may order the offender to make restitution to victims for damages, loss of property and for actual expenses for treatment of injuries or lost wages.

    Sentencing of misdemeanor defendants remains the same.  Those convicted of misdemeanors may be given probation and/or given time in a local jail.  Violation of terms of probation can result in a long jail term.
 

COURT ORGANIZATION

    In Washington, there are four court levels.  Each higher level has greater jurisdiction to hear and decide cases.  The courts are (in descending order):

ï The State Supreme Court
ï The Court of Appeals
ï Superior Courts
ï Courts of Limited Jurisdiction

COURTS OF LIMITED JURISDICTION

Jurisdiction:  Courts of limited jurisdiction hear nearly two million cases each year.  Excluding parking infractions, seven out of every eight cases filed in all state courts are filed at this level.  This is due primarily to the broad jurisdiction these courts have over traffic violations an misdemeanors.
According to late 1984 figures, limited jurisdiction courts include 63 district courts, and 133 municipal and police courts.  Serving these court are 87 full-time judges, and 107 part-time judges.  Of these, 169 are attorneys and 25 are non-attorneys.

Appeal:  When the judge is an attorney, cases are appealed from courts of limited jurisdiction on the basis of an electronic tape recording of the original proceeding.  Appeals heard de novo (or anew), in superior court, are limited to those cases tried originally by a non-attorney judge or in a court not required to record its proceedings.

District Courts:  District courts have jurisdiction over both criminal and civil matters.  They have criminal jurisdiction over misdemeanors, gross misdemeanors and criminal traffic cases.  These include driving while under the influence of intoxicating liquor or drugs (DWI), hit-and-run and driving with a suspended driver's license.  Preliminary hearings for felony cases are also within the jurisdiction of these courts.  With the exception of DWI and some game violations, those convicted of criminal offenses may be sentences up to $5,000 in fines or a year in jail, or both.
Jurisdiction in civil cases includes, among others, damages for injury to individuals or personal property and penalty and contract disputes in amounts of up to $10,000.  District courts also have jurisdiction over traffic infractions, a civil proceeding, for which the maximum penalty is $250.  No jail penalty may be imposed.
Small Claims Department -- Small claims are limited to money claims of up to $1,000.  These are filed and heard in district court by district court judges.  Attorneys are not permitted except with the permission of the judge.  Generally, each party is elf-represented and witnesses may not be subpoenaed.  Examples of cases hears include neighborhood disputes, consumer problems and small collections.  The district court clerk's office in each county can provide specific information about filing a claim.

Municipal and Police Courts:  Violations of municipal or city ordinances are handled in municipal and police courts.  Some cities contract with district courts to handle such cases.  As in district courts, a judge may impose fines of up to $5,000, year in jail, or both.
Seattle Municipal Court is an exception because it has the same or "concurrent" jurisdiction with the district court over civil cases and also handles city violations, traffic cases and criminal misdemeanors.
Police courts have the same jurisdiction as municipal courts or that which is provided by the statutory provisions adopted by the city for its courts.

Judges:  District court judges are elected for a four-year term.  Municipal and police court judges may be elected or appointed, depending on the statutory provisions under which they were established.

Court Support Personnel:  Courts of limited jurisdiction are served by administrative support staff.  The staff is responsible for maintaining the court's fiscal and administrative records under direction of the presiding judge of the particular court.
 

SUPERIOR COURTS

Jurisdiction:  Because there is no limit on the types of civil or criminal cases heard, superior courts are referred to as general jurisdiction courts.  Superior courts also have authority to hear cases appealed from courts of limited jurisdiction.  Most superior court proceedings are recorded so that there is a written record if a case is appealed.  The appellate court can then properly review the proceedings.

Appeal:  Appeals may be made to the Court of Appeals.  In some cases, they may go directly to the Supreme Court.

Juvenile Matters:  Juvenile court is a division of the superior court established by law to deal with youths under the age of 18 who commit offenses or who are abused or neglected (dependent).  Like adults, juvenile offenders are sentenced according to a uniform set of guidelines.  Taking into account the seriousness of the offense committed and the history of the subject's prior offenses, the guidelines establish a range of sentences, which may include terms of confinement and/or community supervisions.
A juvenile sentence is called a disposition.  A disposition which falls outside the standard range is possible if the court finds that the standard disposition would amount to a "manifest injustice," either to the juvenile or to the community.  Dispositions within the standard range are not appealable; manifest dispositions are.

Divisions:  All superior courts are grouped into districts.  There are 30 judicial districts in the state and 133 superior court judges.  Counties with large populations usually comprise one district, while in less-populated areas, there are several counties in the district.  A superior court is located in each of Washington's 39 counties.  In rural districts, judges rotate between counties as needed.  Each county courthouse has a separate staff.

Judges:  Superior court judges are elected to four-year terms.  Vacancies between elections are filled by appointment of the Governor, and the newly-appointed judge serves until the next general election.  To qualify for the position, a person must be an attorney admitted to practice in Washington.