Volume 70 — Washington Appellate Reports

<bold>[1] Bail and Recognizance — Forfeiture — Vacation — Review —</bold> <bold>Standard of Review.</bold> A trial court's decision as to the vacation of a bail forfeiture is reviewed under the abuse of discretion standard. <bold>[2] Courts — Judicial Discretion — Abuse — What Constitutes — In</bold> <bold>General.</bold> A decision constitutes an abuse of discretion if it is manifestly unreasonable, based on untenable grounds or reasons, or in violation of the law. <bold>[3] Bail and Recognizance — Forfeiture — Notice — Surety — Civil</bold> <bold>Cases.</bold> RCW <cross_reference>10.19.090</cross_reference>, which requires that the surety be notified before a bail bond may be forfeited, does not apply in civil cases. <bold>[4] Contempt — Character — Sanction Controlled by Party.</bold> A contempt proceeding is civil in nature when the party can control whether the sanction is invoked. <bold>[5] Contempt — Character — Appearance in Court.</bold> Contempt designed to ensure that the contemnor appears in court is civil in nature.<page_number>Page 647</page_number> <bold>[6] Bail and Recognizance — Bail Bonds — Cash Bail —</bold> <bold>Distinction.</bold> When a surety posts a bond, the surety guarantees the appearance of the accused at the required time. When a person posts cash bail, the money itself guarantees the appearance of the accused at the required time; the person who posted the bail has no special role in the production and security of the accused. <bold>[7] Bail and Recognizance — Cash Bail — Depositor — Status as</bold> <bold>Surety.</bold> A person who posts cash bail does not have the status of a surety and is not entitled to the statutory and constitutional rights of a surety. <bold>[8] Bail and Recognizance — Forfeiture — Notice — Cash Bail —</bold> <bold>Statutory and Constitutional Provisions.</bold> Neither RCW <cross_reference>10.19.090</cross_reference> nor Const. art. 1, § 20 requires that a person who posted cash bail be notified before the money is forfeited. <bold>[9] Bail and Recognizance — Cash Bail — Ownership —</bold> <bold>Presumption.</bold> Cash deposited as bail is conclusively presumed to be the property of the accused regardless of who made the deposit. <bold>[10] Bail and Recognizance — Forfeiture — Notice — Cash Bail —</bold> <bold>Discretion of Court.</bold> A trial court has discretionary authority to forfeit cash bail and apply it to a lawful purpose. The court need not notify any third person who posted the bail of the forfeiture hearing. <bold>[11] Bail and Recognizance — Forfeiture — Child Support Registry</bold> <bold>— Third Party.</bold> The forfeiture of cash bail to the Child Support Registry to pay a divorced parent's delinquent child support obligation is lawful in relation to a person, other than the parent, who posted the bail. <bold>[12] Courts — Commissioners — Revision — Findings of Fact —</bold> <bold>Adoption by Superior Court.</bold> When reviewing a court commissioner's order pursuant to the revision procedures established by RCW <cross_reference>2.24.050</cross_reference>, a superior court has discretionary authority to adopt the commissioner's findings of fact and conclusions of law as its own.