Benton County District Court, Washington
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The Benton County District Court resides in Washington. Click on the links below to learn more about the court's...
Jurisdiction
This court holds the following jurisdiction:[1]
| “ | Courts of limited jurisdiction include district and municipal courts. District courts are county courts and serve defined territories, both incorporated and unincorporated, within the counties. Municipal courts are those created by cities and towns.
More than two million cases are filed annually in district and municipal courts. 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 and misdemeanors. District courts have jurisdiction over both criminal and civil cases. Criminal jurisdiction includes misdemeanors and gross misdemeanors cases that involve traffic or non-traffic offenses. Examples include: Driving while under the influence of intoxicating liquor or drugs (DUI), reckless driving, driving with a suspended driver's license and assault in the fourth degree. Preliminary hearings for felony cases are also within the jurisdiction of the district courts. The maximum penalty for gross misdemeanors is one year in jail and a $5,000 fine. The maximum penalty for misdemeanors is 90 days in jail and a $1,000 fine. A defendant is entitled to a jury trial for these offenses. Juries in courts of limited jurisdiction are composed of six people as opposed to superior court juries, which have 12 people. Jurisdiction in civil cases includes damages for injury to individuals or personal property and contract disputes in amounts of up to $100,000. District courts also have jurisdiction over traffic and non-traffic infractions, civil proceedings for which a monetary penalty--but no jail sentence-may be imposed. There is no right to a jury trial for an infraction. District courts have jurisdiction to issue domestic violence and antiharassment protection orders and no-contact orders. They also have jurisdiction to hear change-of-name petitions and certain lien foreclosures. More information on these procedures can be obtained by contacting your local district court. Small claims are limited to money claims of up to $5,000, or up to $10,000 when brought by a person. These are filed and heard in the Small Claims Department of the district court. Generally, each party is self-represented--attorneys are not permitted except with the permission of the judge. Witnesses may not be subpoenaed, but may be allowed to voluntarily testify for a party. Examples of cases heard: Neighborhood disputes, consumer problems, landlord/tenant matters and small collections. The district court clerk can provide specific information about filing a claim.[2] |
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Selection method
- See also: Judicial selection in the states
- See also: Nonpartisan election of judges
Judges of the district courts are chosen in nonpartisan elections. They serve four-year terms, after which they must run for re-election if they wish to continue serving.[3][4]
Qualifications
To serve on a district court, a judge must be:[5]
- a resident and registered voter of his or her district;
- one of the following: licensed to practice law in the state; a former district judge, municipal judge, police judge or justice of the peace; able to pass a qualifying exam (in districts of more than 5000 people); and
- under the age of 75.*[4]
*No judge is eligible to run for office after attaining the age of 75. If a sitting judge turns 75 while serving, he or she may continue serving until the end of that calendar year.[6]
Judicial elections in Washington
- See also: Washington judicial elections
Washington is one of 12 states that uses nonpartisan elections to select judges and does not use retention elections for subsequent terms. To read more about how states use judicial elections to select judges across the country, click here.
Primary election
Primaries are held only if more than two candidates file for a position. These contests are nonpartisan in nature.[7] The two candidates who receive the greatest number of votes in the primary advance to the general election. Until 2013, a candidate who won over 50 percent of the vote in the primary was then unopposed in the general election. But the law was amended in 2013. Since that amendment, the top two finishers in a judicial primary must advance to compete with each other in the general election.[8][9][10]
General election
In counties with a population greater than 100,000, if only one superior court candidate files for election for a judgeship, that candidate is automatically elected and the county does not hold a general election for the seat.[11] According to the 2010 census, the following counties had populations greater than 100,000:[12]
See also
External links
Footnotes
- ↑ Washington Courts, "Courts of Limited Jurisdiction," accessed May 23, 2023
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Washington Courts, "A Citizen's Guide to Washington Courts, Eleventh Edition," 2008
- ↑ 4.0 4.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedlimited - ↑ Washington State Legislature, "Washington State Constitution," accessed September 24, 2014 (Scroll to Article IV)
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedconst - ↑ Washington State Legislature, "RCW 29A.52.220," accessed April 30, 2014
- ↑ Washington State Legislature, "RCW 29A.36.170," accessed April 30, 2014
- ↑ Washington Courts, "Judicial Election Information," July 13, 2012
- ↑ Washington Courts, "2013 Legislative Summary," accessed July 26, 2016
- ↑ Washington Secretary of State, "Judicial Elections in Washington State," accessed April 30, 2014
- ↑ U.S. Census Bureau, "Washington: Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2013," accessed July 24, 2014
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: Eastern District of Washington, Western District of Washington • U.S. Bankruptcy Court: Eastern District of Washington, Western District of Washington
State courts:
Washington Supreme Court • Washington Court of Appeals • Washington Superior Court • Washington District Courts • Washington Municipal Courts
State resources:
Courts in Washington • Washington judicial elections • Judicial selection in Washington
