Chapter 4.84


4.84.010    Title.

4.84.020    Definitions.

4.84.030    Creation.

4.84.040    Purpose.

4.84.050    Administration.

4.84.060    Jurisdiction.

4.84.070    Deposits.

4.84.080    Disbursements.

4.84.090    Conditions.

4.84.100    Fund maximum.

4.84.110    Excess funds.

4.84.120    Construction.

4.84.010 Title.

This chapter shall be known as the “Expert Witness Fund Ordinance.”

(Ord. 139 (1991) § 1, 1991)

4.84.020 Definitions.

The following words or terms are defined as follows:

(1)    “Account” means the expert witness fund.

(2)    “County” means Kitsap County.

(3)    “Expert witness” means any person who, by reason of education or specialized experience, possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions or any person skilled in any particular art, trade or profession, being possessed with peculiar knowledge concerning it, and who has given the subject in question particular study, practice or observation.

(4)    “Fund” means the expert witness fund or the money in it.

(5)    “Prosecuting attorney” means the prosecuting attorney of Kitsap County or agents of the prosecuting attorney.

(6)    “State” means the state of Washington.

(7)    “Treasurer” means the county’s treasurer.

(Ord. 139 (1991) § 2, 1991)

4.84.030 Creation.

(a)    The treasurer is directed to establish an expert witness fund. The fund is created for the purpose and under the conditions set forth in this chapter.

(b)    The source of the initial funding for the account shall be at the discretion of the board of the Kitsap County commissioners.

(c)    Initial funding shall not exceed five thousand dollars.

(d)    Subsequent to the initial funding, the fund shall be maintained with moneys recovered for the county by the prosecuting attorney pursuant to court orders requiring defendants to reimburse the state for costs of expert witnesses.

(Ord. 139-A (1991) (part), 1991; Ord. 139 (1991) § 3, 1991)

4.84.040 Purpose.

(a)    The money in the fund shall be used exclusively by the prosecuting attorney to provide reasonable compensation to any expert witness who has provided or who will provide services to the prosecuting attorney.

(Ord. 139 (1991) § 4, 1991)

4.84.050 Administration.

The fund shall be administered by the prosecuting attorney for the purpose and under the conditions set forth in this chapter.

(Ord. 139 (1991) § 5, 1991)

4.84.060 Jurisdiction.

The fund shall be used by the prosecuting attorney only for investigation and prosecution of matters which are within the jurisdiction of the prosecuting attorney as provided by the court rules and/or state or federal laws.

(Ord. 139 (1991) § 6, 1991)

4.84.070 Deposits.

The treasurer shall establish a fund account. Accounting procedures authorized by law shall apply to the fund.

(Ord. 139 (1991) § 7, 1991)

4.84.080 Disbursements.

(a)    Disbursements from the fund shall be on authorization from the prosecuting attorney.

(b)    Disbursements shall be made to expert witnesses at a fee rate that is negotiated prior to the provision of services to the prosecuting attorney.

(Ord. 139-A (1991) (part), 1991: Ord. 139 (1991) § 8, 1991)

4.84.090 Conditions.

Any expert witness investigation and prosecution costs recovered for the county by the prosecuting attorney as the result of enforcement of civil and/or criminal statutes shall be deposited as directed by a court of competent jurisdiction in the fund.

(Ord. 139 (1991) § 9, 1991)

4.84.100 Fund maximum.

The maximum level of moneys which may be maintained in the fund shall be one hundred thousand dollars.

(Ord. 139 (1991) § 10, 1991)

4.84.110 Excess funds.

In the event moneys in the fund exceed the prescribed maximum level, excess moneys shall be transferred to the county’s current expense fund.

(Ord. 139 (1991) § 11, 1991)

4.84.120 Construction.

This chapter shall be liberally construed and interpreted so as to effectuate the general propose of this chapter.

(Ord. 139 (1991) § 12, 1991)