Revised Code of Washington

Wash. Rev. Code § 10.46.190 (2026)

✓ current as of May 2026
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Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which judgment shall be rendered and collected. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.01.160(3). The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk and applied as the jury fee in civil cases is applied.
[ 2022 c 260 s 20; 2018 c 269 s 9; 2005 c 457 s 12; 1977 ex.s. c 248 s 1; 1977 ex.s. c 53 s 1; 1961 c 304 s 8; Code 1881 s 2105; 1869 p 418 s 3; RRS s 2227.]

Notes:

ConstructionEffective date2022 c 260: See notes following RCW 3.66.120.
Construction2018 c 269: See note following RCW 10.82.090.
Intent2005 c 457: See note following RCW 43.08.250.
Disposition of fines and costs: Chapter 10.82 RCW.
Jury
fees: RCW 4.44.110, 36.18.020.
in district court: RCW 10.04.050.
Notes of Decisions
Cited in 54 cases (13 in the last 5 years), 1963–2025 · leading case: State v. Hathaway, 161 Wash. App. 634 (Wash. Ct. App. 2011).
State v. Hathaway, 161 Wash. App. 634 (Wash. Ct. App. 2011). · cites it 6× “160(2) (2008), in part, allows the trial court to impose jury fees under RCW 10.46.190. 12 RCW 10.46.190 allows a superior court to impose jury fees on convicted defendants using the same rules covering civil jury fees.”
State v. Hathaway, 251 P.3d 253 (Wash. Ct. App. 2011). · cites it 6× “016(3)(b) provides that "[u]pon conviction in criminal cases a jury demand charge of one hundred twenty-five dollars for a jury of six, or two hundred fifty dollars for a jury of twelve may be imposed as costs under RCW 10.”
State Of Washington v. Joshua J. Clark, 381 P.3d 198 (Wash. Ct. App. 2016). · cites it 4× “It is unclear to us whether the $250 jury demand fee is a mandatory or discretionary cost.”
State of Washington v. Sergio Magana, Jr., 389 P.3d 654 (Wash. Ct. App. 2016). · cites it 2× “RCW 10.46.190. A related statute provides, “Upon conviction in criminal cases a jury demand charge of.”
Utter v. State, Dept. of Soc. & Health Ser., 165 P.3d 399 (Wash. Ct. App. 2007). · cites it 3× “Notably, in a 1978 opinion, the Washington Attorney General concluded that it was not possible to reconcile RCW 10.”
Utter v. Dep't of Soc. & Health Servs., 140 Wash. App. 293 (Wash. Ct. App. 2007). · cites it 3× “Notably, in a 1978 opinion, the Washington attorney general concluded that it was not possible to reconcile RCW 10.”
State of Washington v. Mariano Diaz-Farias, 362 P.3d 322 (Wash. Ct. App. 2015). · cites it 3× “160 was irreconcilable with preexisting RCW 10.46.190 (authorizing sentencing courts to assess a fixed “juror fee” against a criminal defendant) and that the 1976 legislation impliedly repealed the earlier statute, the legislature amended RCW 10.”
State Of Washington v. Donald John Heutink, 458 P.3d 796 (Wash. Ct. App. 2020). “Heutink claimed indigency and moved the trial court for an order allowing him to seek review of his judgment and sentence at public expense.”
State v. Smits, 216 P.3d 1097 (Wash. Ct. App. 2009). “Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a defendant to pay.”
State v. Baldwin, 818 P.2d 1116 (Wash. Ct. App. 1992). “Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a convicted defendant to pay.”
State v. Earls, 752 P.2d 402 (Wash. Ct. App. 1988). · cites it 2× “See RCW 10.46.190. 3 The $70 filing fee may be charged to the defendant upon conviction or plea of guilty pursuant to former RCW 36.”
State v. Twitchell, 378 P.2d 444 (Wash. 1963). · cites it 2× “RCW 10.46.190 provides: "Every person convicted of a crime or held to bail to keep the peace, shall be liable to all the costs of the proceedings against him, including, when tried by a jury in the superior court, a jury fee as provided for in civil actions, and when tried by a…”
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