1. Records, Document Requests and Copies, Payments, Rules of Procedure, Legal Newspapers, and SCOMIS

1. Records
2. Procedures for Requesting Documents
3. Copying Charges
4. Payment
5. Rules of Procedure
6. Legal Newspapers Located in Thurston County

7. SCOMIS (Superior Court Management Information System) Case Types

The County Clerk must keep all court records. These court records may be classified in many categories, but the major categories of court work may be divided into the following areas.

	Civil
	Criminal
	Domestic
	Probate/Guardianship
	Juvenile Offender

The Clerk's Office also records four additional general types of court actions, which are confidential in nature and are not accessible to the public:

	Mental Illness
	Adoption
	Paternity
	Juvenile Civil

Location of Superior Court Records:

All Civil (except Domestic Violence, Anti-Harassment, Emancipation and Meritricious Relationship cases) and Criminal court records are secured in the Clerk's Office located at Building 2 at the Thurston County Courthouse, 2000 Lakeridge Drive SW, Olympia, Washington. All Adoption, Domestic Relations, Paternity, Probate, Guardianship, Domestic Violence, Anti-Harassment, Emancipation, Meritricious Relationship and Juvenile files are located in the Clerk's Office at the Thurston County Family and Juvenile Court, 2801 - 32nd Ave. SW, Tumwater, Washington. 

Due to the diligent efforts of the Clerk, all Thurston County Superior Court files have been digitally imaged.  Some older or inactive records are are still stored off-site at the Records Center and some have been shredded, but all are available on computers through the Clerk's imaging system.

Case File Index:

All case records are indexed and are available for public access.  There are four public computer terminals in the lobby of the main courthouse facility and four at the family and juvenile facility.  Files are now accessed via computer.   

Need Assistance?

If you are conducting a genealogical search for family members or a search for other information, case histories, criminal records, dissolutions, and case dispositions and resolutions, inquiries can be made to the public support personnel located at the front counter. If you have any questions or need assistance, please do not hesitate to ask.

Most files have now been scanned into the Clerk's Office Imaging System.  Therefore, limited viewing of physical files is available.  However, you may view current and archived public files via the public computers or microfiche between the hours of 8:00 a.m. and 4:45 p.m., including the lunch hour, Monday through Friday.  Please see front counter personnel for help if a file is not accessible via the computers.  

Documents may be printed directly from the public computers at a cost of $.50 per page.  In order to expedite your copy job, please do not send more than one document at a time to the printer.  Doing so will slow the system and prevent others from printing.  

If requesting documents by mail, please provide us with your case number, the document title, and the approximate date the document was entered.  Please call or e-mail us in advance so we can provide you with the case number and the correct amount due.  Then send your request for copies to 2000 Lakeridge Drive SW, Bldg. 2, Olympia, WA 98502.  Along with your request, please enclose a self-addressed, stamped envelope and a check or money order for the amount due.     

Public Records Request Officer - If making a public records request, contact the Public Records Request Officer: Linda Myhre Enlow - 786-5434.

Withdrawal of Files and Exhibits Prohibited

Pursuant to Local Court Rule 79(d)(1), the Clerk shall not permit files to be taken from the Clerk's office or custody, except to the courtroom, or by a Judge, Court Commissioner, referee, court personnel or official court reporter, unless written authority has been obtained. 

Why do I need an Order Authorizing Removal of Court files?

It is the Clerk's responsibility to ensure the maintenance and security of all public records and to establish safeguards against unauthorized removal or destruction. The Clerk's Office has adopted rules which that protect against interference with office functions and against damage to the records, and yet provide for the "fullest assistance to the public" and the most timely action possible on inquiries.

Sealed Files:

The Clerk shall not permit the examination of any sealed file except by order of a Judge. Pursuant to Local Court Rule 79(b)(4), application to examine a sealed file shall be made in conformity with General Rule 15. No order permitting the examination of any sealed file shall be entered without a written motion upon proper notice and proof of compelling circumstances, unless otherwise provided by statute. 

RCW 40.16.010 Injury to Public Records

Every person who shall willfully and unlawfully remove, alter, mutilate, destroy, conceal, or obliterate a record, map, book, paper, document, or other thing filed or deposited in a public office, or with any public officer, by authority of the law, shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine of not more than one thousand dollars, or by both.

RCW 42.17.290 Protection of Public Records -- Public Access

Agencies shall adopt and enforce reasonable rules and regulations..., consonant with the intent of this chapter to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency.... Such rules and regulations shall provide for the fullest assistance to inquirers and the most timely possible action on request for information. Nothing in this section shall relieve agencies... from honoring requests received by mail for copies of identifiable public records.

If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the agency, ...shall retain possession of the record, and may not destroy or erase the record until the request is resolved.

NOTE: The application of the public records statute to judicial records was resolved by Nast v. Michaels, 107 Wn.2d 300 (1986). The Court held that the statute did not apply to judicial records (case files) held by the county clerk. Disclosure of judicial records is governed by a limited common law right of access as determined by the court on a case by case basis.

ADOPTION

RCW 26.33.330 Records Sealed - inspection only on court order.

(1) All records of any proceeding under this chapter shall be sealed and shall not be thereafter opened to inspection by any person except under order of the court for good cause shown, or except by using the procedure described in RCW 26.33.343 (relating to confidential intermediaries). In determining whether good cause exists, the court shall consider any certified statement on file with the department of health as provided in RCW 26.33.347 (desire to be contacted).

(2) The state registrar of vital statistics may charge a reasonable fee for the review of any of its sealed records.

PATERNITY

RCW 26.26.200 Confidentiality.

Notwithstanding any other rule of law concerning public hearings and records, any hearing or trial held under this chapter shall be held in closed court without admittance of any person other than those necessary to the action or proceeding or for the orderly administration of justice. All papers and records, other than the final judgment and matters relating to the enforcement of the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the Department of Social and Health Services, are subject to inspection by a nonparty only upon an order of the court for good cause shown following reasonable notice to all parties of the hearing where such order is to be sought.

Explanatory Note: Under the statute, all papers and other records are confidential except the decree itself. The decree is a matter of public record.

LR 79. Books and Records Kept by Clerk

(c)(2) Exhibit Inspection. Exhibits may be inspected in the clerk's office only in the presence of the clerk of the court or a deputy clerk.

Payment may be made in person by cash, check, money order, debit card or credit card.  Payments by mail are accepted in cash or money order.

Please note - No Checks Accepted for:

	Rent Payments in an Unlawful Detainer Action
	Payment of Bail

The following is a list of legal newspapers certified by the Superior Court of Thurston County for Legal Publications: 

The Olympian	1268 E. 4th Avenue Olympia, WA 98501	(360) 754-5470
Nisqually Valley News	Yelm, WA 98597	(360) 458-2681
Tenino Independent	P. O. Box 4004 Tenino, WA 98589	(360) 264-2500

RCW 65.16.040 Legal Newspapers -- Approved by Superior Court

Sixty days from and after the date this act becomes effective (1941), a legal newspaper for the publication of any advertisement, notice, summons, report, proceeding, or other official document now or hereafter required by law to be published, shall be a newspaper which has been approved as legal newspaper by order of the superior court of the county in which such newspaper is published. Such order may be entered without notice upon presentation of a petition by or on behalf of the publisher, setting forth the qualifications of the newspaper as required by this act, and upon such evidence satisfactory to the court that such newspaper is so qualified.

Clerk's Trust Fund

	Criminal defendant payments (Legal and Financial Obligations)
	Uninvested civil deposits
	Bail

Individual investments

	Interpleaders
	Minor settlements
	Civil deposits

Deposit pending court decision -

Money will be deposited in Clerk's Trust Fund (interest collected by County), unless the Clerk receives a written

request for the deposit of funds in an interest-bearing account. 

	Written request needs to contain specific information, so check with the Clerk's Office. (RCW 36.48.090).
	If a request is received for the investment of said monies, the Clerk is entitled to 5% of the interest earned for  services rendered. (RCW 36.48.090)

Interpleader/Foreclosure Sale Excess, Stakeholder's Deposit -

	Stakeholder may file action without filing fee, but Clerk is to recoup filing fee from deposit.
	Make deposit with two checks (one for filing fee and one for balance), or,
	Assure that order disbursing proceeds includes the payment of the filing fee.

Investment recommendations are welcome

	How long before money will need to be withdrawn?
	Are there immediately foreseeable medical needs? (Avoid early withdrawal penalties).
	How do passbook and term deposits or CD interest rates compare?

Deposits may be made only in an approved Public Depository.

Absent any advice, the Clerk will invest in a treasury money market account.

Order approving settlement and directing payment of proceeds must include:

	Payee's name, amount and mailing or check delivery instructions.  Must also include Social Security or Tax ID number for IRS interest income reporting purposes.
	If appropriate, include language that the minor is entitled to receive funds and accrued interest at a certain age, without further order of the court.

1. It is easier for us to mail all checks to the attorney, for delivery or forwarding to hospitals, insurance companies, attorneys, etc., but we may not do that unless the order directs us to do so.
2. If money was invested, be sure to include "plus accrued interest" - if you don't, the disbursement is incomplete and will require another order to disburse the interest.

	If interest is to be split, describe the split in %'s, not in sums certain, as amounts will change each day until the investment is withdrawn.
	Remember that 5% of the interest will be disbursed to the Clerk, whether or not it is mentioned in the order.

	No personal checks are accepted for payment of rent in an unlawful detainer action.
	It is the responsibility of individuals paying rental money into the Court Registry to provide proof of payment to plaintiff prior to the payment deadline to prevent issuance of a Writ of Restitution, especially if payment is made within 48 hours of the payment deadline.
	The attorney of record should be provided with said notification or proof of payment if plaintiff is represented by an attorney.