In Re Application Of Richard N. Borchert For A Writ Of Habeas Corpus

Richard N. Borchert, while driving an automobile outside of an incorporated city or town in King county, was arrested for driving a motor vehicle while under the influence of intoxicating liquor, reckless driving, and operating a motor vehicle without a valid operator's license. The venue was laid, as provided by law, in the justice court nearest to the point of the alleged violation. Upon arraignment before the unsalaried justice of the peace, defendant challenged the jurisdiction of the court upon the ground that RCW 3.16.070, which fixes the compensation of justices of the peace on a fee basis, was unconstitutional, in that it denied him due process of law, in violation of the fourteenth amendment to the United States Constitution.