Wash. Rev. Code » Title 35 · Chapter 35.20
Revised Code of Washington

Wash. Rev. Code § 35.20.090 (2025)

Trial by jury—Juror's fees

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In all civil cases and criminal cases where jurisdiction is concurrent with district courts as provided in RCW 35.20.250, within the jurisdiction of the municipal court, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court: PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A defendant requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. Where there is more than one defendant in an action and one or more of them requests a jury, only one jury fee shall be collected by the court. Each juror may receive up to twenty-five dollars but in no case less than ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060: PROVIDED, That the compensation paid jurors shall be determined by the legislative authority of the city and shall be uniformly applied. Trial by jury shall be allowed in criminal cases involving violations of city ordinances commencing January 1, 1972, unless such incorporated city affected by this chapter has made provision therefor prior to January 1, 1972.
[ 1987 c 202 s 195; 1980 c 148 s 6. Prior: 1979 ex.s. c 136 s 24; 1979 ex.s. c 135 s 8; prior: 1977 ex.s. c 248 s 3; 1977 ex.s. c 53 s 3; 1969 ex.s. c 147 s 8; 1965 c 7 s 35.20.090; prior: 1955 c 290 s 9.]

Notes:

Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1980 c 148: See note following RCW 46.10.490.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
Notes of Decisions
Cited in 5 cases, 1964–2016 · leading case: City of Pasco v. MacE, 653 P.2d 618 (Wash. 1983).
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City of Pasco v. MacE, 653 P.2d 618 (Wash. 1983). “…include: RCW 3.46.030; RCW 3.50.280; RCW 3.66.010; RCW 35.22.460; RCW 35.23.600; RCW 35.24.460; RCW 35.27.540. Cf. RCW 35.20.090.”
City of Seattle v. Filson, 653 P.2d 608 (Wash. 1982). “RCW 35.20.090 provides that in all criminal cases where jurisdiction is concurrent with district courts as provided in RCW 35.”
City of Seattle v. Rohrer, 420 P.2d 687 (Wash. 1966). · cites it 2× “RCW 35.20.090 provides in part: No trial by jury shall be allowed in criminal cases involving violations of city ordinances.”
State ex rel. O'Brien v. Towne, 392 P.2d 818 (Wash. 1964). · cites it 3× “1 The defendants have challenged the constitutionality of RCW 35.20.090. That statute pertains to jury trials in municipal courts in cities having a population of over 500,000, which have exclusive original jurisdiction to try violations of all city ordinances, under RCW 35.”
State of Washington v. Calixto Rivera, Jr., No. 32920-8 (Wash. Ct. App. Sept. 20, 2016). “3 Without argument, the State simply asserts the $250 jury fee is a mandatory fee, citing RCW 35.20.090. Chapter 35.20 RCW deals with municipal courts, not superior courts.”
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