State v. Jorgenson

Grosse, J.

(concurring)—I agree with the majority opinion insofar as the issue of jurisdiction is concerned. At the expiration of the period of probation the court's jurisdiction over these defendants terminated with respect to their *209compliance or noncompliance with the terms and conditions of their probationary sentences. However, I cannot agree that the payment of fines was necessarily a condition of probation only, as distinct from their being a separate and distinct part of the judgment and sentence as well as a condition of probation. This distinction is material.

RCW 10.01.180 provides in pertinent part:

(1) When a defendant sentenced to pay a fine or costs defaults in the payment thereof or of any installment, the court on motion of the prosecuting attorney or upon its own motion may require him to show cause why his default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for his appearance.

The balance of the statute provides for appropriate proceedings on contempt and adds a provision to the effect that utilization of the contempt procedures is not exclusive and that the default "may be collected by any means authorized by law for the enforcement of a judgment." RCW 10.01.180(6). Therefore, had the warrants of arrest in these cases been issued pursuant to this statute the court arguably would have retained jurisdiction to collect the fines. That is the essence of the State's position in the instant case.

However, these warrants were not so issued. Rather, they were issued on the original criminal charges. Therefore, we need not resolve questions regarding the proper interpretation or effect of RCW 10.01.180 in the instant matter. The warrants were properly quashed.