H-1376.1                  _______________________________________________

                                       HOUSE CONCURRENT RESOLUTION 4414

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Ballasiotes, Appelwick, Tate, Mastin, Edmondson and Carlson

Read first time 02/12/93.  Referred to Committee on Judiciary.

Studying appointment as the sole method of selecting judges.

          WHEREAS, The people of the state of Washington have a substantial interest in ensuring an efficient and effective judicial system; and

          WHEREAS, It is essential to the fair administration of justice that the judiciary is composed of judges who have the experience, expertise, and ability necessary to ensure competence; and

          WHEREAS, The role of the judiciary is to interpret and apply the law as it was written and intended and not to make law based on the personal or political preference of a particular judge; and

          WHEREAS, Judges should have the most meaningful opportunity to make objective and neutral decisions based solely on the law and to eliminate the potential undue influence of electoral considerations; and

          WHEREAS, It is necessary to establish a process whereby the citizens of Washington state are ensured that only the most qualified individuals are able to serve as judges;

          NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives, the Senate of the state of Washington concurring, That a joint select committee on judicial qualifications be established to review the current process of determining judicial qualifications; and

          BE IT FURTHER RESOLVED, That the committee address, study, analyze, and make recommendations on the following issues:

          (1) Current methods of electing and appointing judges and the development of improved or alternative means of filing judicial positions;

          (2) Elimination of the election of judges and establishment of the appointment of judges by the chief executives of the jurisdictions they serve - state, county, or city;

          (3) Creation of a citizens' commission composed of a cross-section of lawyers and nonlawyers jointly appointed by the legislative and executive branches, which would develop a process and standards for determining if a candidate is qualified for approval and appointment, and for disciplining a judge for misconduct, malfeasance, or incapacity, including removal, reprimand, suspension, or fines;

          (4) Requirement that an individual seeking judicial office must obtain the approval of the citizens' committee before he or she may be appointed a judge;

          (5) The establishment of a term limit for judges such as four years from the year of appointment and requiring an incumbent judge who wishes to remain in office to receive approval by a simple majority vote of the electorate within the jurisdiction he or she serves in order to retain the office; and

          (6) The effectiveness, desirability, impacts, means, and costs of any of the above, and any other matters involved in the selection, election, appointment, and qualification of judges deemed appropriate by the committee; and

          BE IT FURTHER RESOLVED, That the committee consist of fourteen members, as follows:

          (1) Two members from each caucus of the Senate selected by the President of the Senate, with at least one member from the membership of the law and justice committee;

          (2) Two members from each caucus of the House of Representatives selected by the Speaker of the House of Representatives, with at least one member from the membership of judiciary committee; and

          (3) One representative from each of the following:  The state of Washington judicial council; the superior court judges association; the commission on judicial conduct; the Washington state bar association; the Washington association of prosecuting attorneys; and the Washington defender association; and

          BE IT FURTHER RESOLVED, That the joint committee on judicial qualification and selection report its findings and recommendations to the legislature by the start of the 1994 regular session.

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