Robin's Ruminations

Process servers in this state are in dire need of regulation.  It is needed to protect the public and the industry.  In Texas and Arizona regulation has been done through their respective state supreme courts.  WSPSA attempted to interest our Supreme Court in regulating Washington servers a few years ago but they chose, unfortunately, to not do so.  That leaves us with the Department of Licensing.  

There are several levels of regulation.  They are none, registration, certification, and licensing.  

None - This level includes a great many trades and professions.  There is no state oversight what so ever.  This includes such things as janitors, bookkeepers, mechanics, and the like.  If you are doing this type of work the state doesn't care whether you know what you are doing or not.  No testing, no training, no accountability.

Registration - This is little more than a listing of people who say they are doing a particular thing.  Process servers fall in this category.  We are required to register with the county auditor by filling out a simple form and paying a $10 fee.  No testing, no training, no accountability.

Certification - Refers to a certain level of knowledge or expertise. This is often, but not always, provided by some form of external review, education, or assessment. One of the most common types of certification is professional certification, where a person is certified as being able to competently complete a job or task, usually by the passing of an examination.  Examples include software developers and testers or a health professional who, although licensed by the state, is also certified by a professional organization to perform specialized types of care.  Certification does not refer to the state of legally being able to practice or work in a profession. That is licensure.  Certification almost always involves testing, training, and high levels of accountability.

Licensing - This is the highest level of regulation.  It is granted by a state or other government entity.  Applicants usually need to demonstrate a certain level of knowledge or skill in order to obtain a license.  For instance, in order to drive a car on a public road you must have a valid driver's license.  To get that license you must meet certain criteria (age, etc) and pass both a written and a practical test.  Other examples include doctors, nurses, attorneys, security guards, and real estate agents.  Often there is a requirement for continuing education.  And although enforcement is always a budgetary issue, licensed professions have the highest level of accountability.

Right now the process serving industry is somewhat akin to a wild west show.  There are no codes of conduct, no base level of ethical behavior, and little or no accountability.  Almost anyone can serve process in almost any situation.  There is no training, no testing, and no one has ever heard of an audit.

The State of Washington needs to get a handle on things before we start hearing stories similar to those coming out of other states.  That means approaching the legislature and the Department of Licensing.  It means subjecting ourselves to a certain level of scrutiny.  But if we (those of us in the industry) don't initiate the process then, at some point, it will be started for us.  And at that point we may well have it done to us.