| Passed by the House February 25, 2005 Yeas 95 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 8, 2005 Yeas 47 ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1262 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/19/2005. Referred to Committee on Judiciary.
AN ACT Relating to judicial compensation; and amending RCW 2.08.180.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 2.08.180 and 2003 c 247 s 1 are each amended to read
as follows:
A case in the superior court of any county may be tried by a judge
pro tempore, who must be either: (1) A member of the bar, agreed upon
in writing by the parties litigant, or their attorneys of record,
approved by the court, and sworn to try the case; or (2) pursuant to
supreme court rule, any sitting elected judge. Any action in the trial
of such cause shall have the same effect as if it was made by a judge
of such court. 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.
A judge pro tempore shall, before entering upon his or her duties
in any cause, take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be,) that I will
support the Constitution of the United States and the Constitution of
the State of Washington, and that I will faithfully discharge the
duties of the office of judge pro tempore in the cause wherein
. . . . . . is plaintiff and . . . . . . defendant, according to the
best of my ability."
A judge pro tempore who is a practicing attorney and who is not a
retired justice of the supreme court or judge of a superior court of
the state of Washington, or who is not an active judge of a court of
the state of Washington, shall receive a compensation of one-two
hundred fiftieth of the annual salary of a superior court judge for
each day engaged in said trial, to be paid in the same manner as the
salary of the superior judge. A judge who is an active full-time judge
of a court of the state of Washington shall receive no compensation as
judge pro tempore. A judge who is an active part-time judge of a court
of the state of Washington may receive compensation as a judge pro
tempore only when sitting as a judge pro tempore during time for which
he or she is not compensated as a part-time judge. A justice or judge
who has retired from the supreme court, court of appeals, or superior
court of the state of Washington shall receive compensation as judge
pro tempore in the amount of sixty percent of the amount payable to a
judge pro tempore under this section, provided that a retired justice
or judge may decline to accept compensation.