IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
JOSEPH KENNEDY,
No. 76625-2-1
Appellant,
DIVISION ONE
V.
UNPUBLISHED OPINION
SKAGIT COUNTY HOSPITAL
DISTRICT NO. 1,
Respondent. FILED: January 22, 2018
TRICKEY,J.— Joseph Kennedy appeals the trial court's denial of his General
Rule(GR)34 motion for a waiver of civil filing fees and surcharges. The trial court
denied Kennedy's motion because his case is a civil matter. Because the trial
court found that Kennedy is indigent and GR 34 requires waiver of the filing fees
or surcharges in a civil case following a finding of indigency, we reverse and
remand.
FACTS
Kennedy sued Skagit County Hospital District No. 1 seeking declaratory
relief, injunctive relief, and disclosure of documents under the Public Records Act,
chapter 42.56 RCW. Kennedy concurrently filed a motion for waiver of civil fees
pursuant to GR 34. The trial court found that Kennedy was indigent by reason of
No. 76625-2-1 /2
having "household income at or below 125% of the federal poverty guideline."1 But
the trial court denied Kennedy's motion "because this is a civil matter."2
Kennedy appeals.3
ANALYSIS
Kennedy argues that the trial court erred when it denied his GR 34 motion
for waiver of filing fees and surcharges because he is indigent. We agree.
"Any individual, on the basis of indigent status as defined herein, may seek
a waiver of filing fees or surcharges the payment of which is a condition precedent
to a litigant's ability to secure access to judicial relief from a judicial officer in the
applicable trial court." GR 34(a). "[A] litigant. .. whose household income is at or
below 125 percent of the federal poverty guideline is automatically deemed
indigent." Jafar v. Webb, 177 Wn.2d 520, 526, 303 P.3d 1042 (2013)(citing GR
34(a)(3)(A),(B)).
GR 34 is a rule of general application, and the text of the rule does not limit
its scope to criminal matters. See GR 34. The Washington Supreme Court has
held in a civil case that "GR 34 provides a uniform standard for determining
whether an individual is indigent and further requires the court to waive all fees
and costs for individuals who meet this standard." Jafar, 177 Wn.2d at 523.
A trial court's application of GR 34 is an interpretation of a court rule and is
therefore reviewed de novo. Jafar, 177 Wn.2d at 526.
'Clerk's Papers(CP)at 2.
2 CP at 3.
3 Skagit County Hospital District No. 1 did not file a responsive brief or otherwise
participate in this appeal.
2
No. 76625-2-1/ 3
Here, the trial court determined that Kennedy is indigent because his
household income is at or below 125 percent of the federal poverty guideline.
Therefore, the trial court was required to grant an order of indigency and waive
Kennedy's civil filing fees or surcharges under GR 34. We conclude that the trial
court erred when it failed to do so, and reverse and remand for a waiver of
Kennedy's filing fees or surcharges consistent with GR 34.
Because we reverse under GR 34, we decline to reach Kennedy's argument
that the trial court demonstrated bias against him and violated the appearance of
fairness doctrine when it denied his motion.
Reversed and remanded.
WE CONCUR:
3