CERTIFICATION OF ENROLLMENT

             ENGROSSED SENATE JOINT RESOLUTION 8208

                        57th Legislature

                      2001 Regular Session

Passed by the Senate April 18, 2001   YEAS 39   NAYS 8 President of the Senate Passed by the House April 9, 2001   YEAS 91   NAYS 5

CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SENATE JOINT RESOLUTION 8208 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives	Secretary
Speaker of the       House of Representatives

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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              ENGROSSED SENATE JOINT RESOLUTION 8208

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                      AS AMENDED BY THE HOUSE

             Passed Legislature - 2001 Regular Session

State of Washington      57th Legislature     2001 Regular Session

By Senators Kline and Constantine; by request of Administrator for the Courts

Read first time 01/22/2001.  Referred to Committee on Judiciary.

Amending the Constitution regarding the use of judges pro tempore.    

    BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

    THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV, section 7 of the Constitution of the state of Washington to read as follows:

    Article IV, section 7.  The judge of any superior court may hold a superior court in any county at the request of the judge of the superior court thereof, and upon the request of the governor it shall be his or her duty to do so.  A case in the superior court may be tried by a judge((,)) pro tempore((, who must be)) either with the agreement of the parties if the judge pro tempore is a member of the bar, is agreed upon in writing by the parties litigant((,)) or their attorneys of record, and is approved by the court and sworn to try the case; or without the agreement of the parties if the judge pro tempore is a sitting elected judge and is acting as a judge pro tempore pursuant to supreme court rule.  The supreme court rule must require assignments of judges pro tempore based on the judges' experience and must provide for the right, exercisable once during a case, to a change of judge pro tempore.  Such right shall be in addition to any other right provided by law.  However, if a previously elected judge of the superior court retires leaving a pending case in which the judge has made discretionary rulings, the judge is entitled to hear the pending case as a judge pro tempore without any written agreement.

    BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.

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