S-601                 _______________________________________________

                                                   SENATE BILL NO. 3454

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge and Halsan

Read first time 1/30/85 and referred to Committee on Judiciary.

AN ACT Relating to the court of appeals; amending RCW 2.06.150; and adding new sections to chapter 2.06 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 2.06 RCW to read as follows:

          (1) Except as otherwise provided in this section, a criminal decision before the court of appeals for appellate review shall be heard and determined on a motion on the merits held pursuant to the court's own motion.  After the appellant's brief has been filed, the court shall set the case on the motion calendar and enter an appropriate order facilitating the hearing and disposition of the motion.  A motion on the merits need not be heard pursuant to this section if the court determines that the case obviously requires a full appellate review.

          (2) This section supersedes Rule 18.14 of the Rules of Appellate Procedure with regard to the circumstances in which a motion on the merits is heard by the appellate court on review of a decision in a criminal case.  The procedure for hearing and disposing of a motion on the merits held under this section is governed by Rule 18.14  of the Rules of Appellate Procedure.

NEW SECTION. Sec. 2.  A new section is added to chapter 2.06 RCW to read as follows:

          (1) Notwithstanding the provisions of Rule 14.3(a) of the Rules of Appellate Procedure, costs awarded to a party who substantially prevails on appellate review shall include, in addition to statutory attorney fees, reasonable attorney fees incurred in connection with the review.

          (2) This section applies to cases in which a notice of appeal is filed on or after the effective date of this act.  This section shall expire on June 30, 1987.

        Sec. 3.  Section 1, chapter 114, Laws of 1973 as amended by section 2, chapter 49, Laws of 1977 ex. sess. and RCW 2.06.150 are each amended to read as follows:

          (1) Whenever necessary for the prompt and orderly administration of justice, the chief justice of the supreme court of the state of Washington may appoint to serve as judge pro tempore of the court of appeals:  (a) Any regularly elected and qualified judge of the superior court ((or)); (b) any retired judge of a court of record in this state ((to serve as judge pro tempore of the court of appeals:  PROVIDED, HOWEVER, That no judge pro tempore appointed to serve on the court of appeals may serve more than ninety days in any one year)); or (c) any person not a judge who is otherwise qualified under RCW 2.06.050 to be a court of appeals judge.

          (2) Before entering upon his duties as judge pro tempore of the court of appeals, the appointee shall take and subscribe an oath of office as provided for in Article IV, section 28 of the state Constitution.

NEW SECTION. Sec. 4.  A new section is added to chapter 2.06 RCW to read as follows:

          To promote the effective administration of justice, the judges of each division of the court of appeals may appoint one or more court commissioners.  The duties and authority of commissioners shall be prescribed by court rule.