S-3475               _______________________________________________

                                         SENATE JOINT RESOLUTION NO. 135

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge and Halsan

Read first time 1/16/85 and referred to Committee on Judiciary.

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 there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV, sections 6 and 13 of the Constitution of the state of Washington to read as follows:

Article IV, section 6. The legislature may prescribe by law the jurisdiction and powers of the superior court.  The superior court shall have original jurisdiction in all cases in equity and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand or the value of the property in controversy ((amounts to three)) exceeds ten thousand dollars or as otherwise determined by law, ((or a lesser sum in excess of the jurisdiction granted to justices of the peace and other inferior courts,)) and in all criminal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate, of divorce, and for annulment of marriage; and for such special cases and proceedings as are not otherwise provided for.  The superior court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court, and in all cases and proceedings where jurisdiction has been vested by law in the superior court; and said court shall have the power of naturalization and to issue papers therefor.  They shall have such appellate jurisdiction in cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law.  They shall always be open, except on nonjudicial days, and their process shall extend to all parts of the state.  Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties.  Injunctions and writs of prohibition and of habeas corpus may be issued and served on legal holidays and nonjudicial days.Article IV, section 13.  No judicial officer, except court commissioners ((and unsalaried justices of the peace)), shall receive to his own use any fees or perquisites of office.  ((The judges of the supreme court and judges of the superior courts shall severally at stated times, during their continuance in office, receive for their services the salaries prescribed by law therefor, which shall not be increased after their election, nor during the term for which they shall have been elected.))  The salaries of the judges of the supreme court and court of appeals shall be paid by the state.  ((One-half of the salary of each of the superior court judges shall be paid by the state, and the other one-half by the county or counties for which he is elected.  In cases where a judge is provided for more than one county, that portion of his salary which is to be paid by the counties shall be apportioned between or among them according to the assessed value of their taxable property, to be determined by the assessment next preceding the time for which such salary is to be paid.)) The salaries of full-time superior court judges may be paid by the state or in any other manner prescribed by the legislature.

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