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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 5001

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                                             AS AMENDED BY THE CONFERENCE COMMITTEE

 

                                                                            C 322 L 87

 

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Senate Committee on Judiciary (originally sponsored by Senators Talmadge and Halsan)

 

 

Read first time 1/30/87.

 

 


AN ACT Relating to the judicial council; amending RCW 2.52.010, 2.52.030, and 2.52.050; adding a new section to chapter 2.52 RCW; and repealing RCW 2.52.060, 2.52.070, 2.52.080, and 43.131.308.

 

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

 

        Sec. 1.  Section 1, chapter 45, Laws of 1925 ex. sess. as last amended by section 1, chapter 112, Laws of 1977 ex. sess. and RCW 2.52.010 are each amended to read as follows:

          There is hereby established a judicial council which shall consist of the following:

          (1) The chief justice ((and one other justice)) of the supreme court((, to be selected and appointed by the chief justice of the supreme court));

          (2) ((Two)) One judge((s)) of the court of appeals, to be selected and  appointed by the three chief judges of the three divisions thereof;

          (3) ((Two)) One judge((s)) of the superior court, to be selected and appointed by the superior court judges' association;

          (4) ((Four)) Two members of the state senate((, no more than two of whom)) who shall not be members of the same political party((, one of whom will be the chairman of the senate judiciary committee, two to be designated by the chairman, and one to be designated by the chief justice of the state supreme court; four)); two members of the state house of representatives((, no more than two of whom)) who shall not be members of the same political party((, one of whom shall be the chairman of the house judiciary committee, two to be designated by the chairman, and one to be designated by the chief justice of the state supreme court; unless the house judiciary committee  is organized into two sections, in which case the chairman of each section shall be a member, and they shall designate the third house member, and the chief justice shall designate the fourth house member));

          (5) ((The dean of each recognized school of law within this state;

          (6) Eight)) Four members of the bar who are practicing law, one of whom shall be either a public defender or a legal services attorney, and at least one of whom is a prosecuting attorney, with the public defender or legal services attorney ((and three others to be appointed by the chief justice of the supreme court with the advice and consent of the other judges of the court)), and ((four)) two to be appointed by the board of governors of the Washington state bar association from a list of nominees submitted by the legislative committee of the Washington state bar association;

          (7) The attorney general; and

          (8) ((Two)) One judge((s)) from the courts of limited jurisdiction chosen by the Washington state magistrates' association((; and

          (9) A county clerk to be selected and appointed by the Washington state association of county clerks)).

 

        Sec. 2.  Section 3, chapter 45, Laws of 1925 ex. sess. and RCW 2.52.030 are each amended to read as follows:

          The chief justice shall be chairman of the council, and one of the other members may be appointed by the council to be executive secretary.  ((The state law librarian shall be recording secretary, and he shall keep in his office records of the proceedings and acts of the council.))  The council may make rules for its procedure and the conduct of its business, and may employ such clerical assistants and procure such office supplies as shall be necessary in the performance of its duties.

 

        Sec. 3.  Section 1, chapter 260, Laws of 1981 and RCW 2.52.050 are each amended to read as follows:

          It shall be the duty of the council:

          (1) ((Continuously to survey and study the operation of the judicial department of the state, the volume and condition of business in the courts, whether of record or not, the methods of procedure therein, the work accomplished, and the character of the results;

          (2) To receive and consider suggestions from judges, public officers, members of the bar, and citizens as to remedies for faults in the administration of justice;

          (3) To devise ways of simplifying judicial procedure, expediting the transaction of judicial business, and correcting faults in the administration of justice;

          (4))) To receive recommendations from justices, judges, public officials, lawyers, and the public to amend current law, as those amendments may affect the administration of justice;

          (2) To consider such recommendations, and to examine the common law and statutes of the state and judicial decisions, and propose changes in current law, as those changes may affect the administration of justice;

          (3) To submit from time to time to the courts or the judges such suggestions as it may deem advisable for changes in rules, procedure, or methods of administration;

          (((5))) (4) To report ((annually)) as may be necessary to the governor and the legislature with the council's recommendations as to needed changes in the organization of the judicial department or the courts or in judicial procedure; and

          (((6))) (5) To assist the judges in giving effect to Art. 4, Section 25 of the state Constitution.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 2.52 RCW to read as follows:

          The administrator for the courts shall make available to the council such staff as necessary to carry out the work of the council.

 

          NEW SECTION.  Sec. 5.  The following acts or parts of acts are each repealed:

                   (1) Section 6, chapter 45, Laws of 1925 ex. sess. and RCW 2.52.060;

          (2) Section 7, chapter 45, Laws of 1925 ex. sess. and RCW 2.52.070;

          (3) Section 8, chapter 45, Laws of 1925 ex. sess., section 5, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 2.52.080; and

          (4) Section 53, chapter 197, Laws of 1983 and RCW 43.131.308.


                                                                                                                           Passed the Senate April 26, 1987.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                           Passed the House April 25, 1987.

 

                                                                                                                                         Speaker of the House.