SENATE BILL REPORT

SJR 8209

BYSenators Pullen and Talmadge

Amending the Constitution to repeal provisions relating to election of superior court judges.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 17, 1989; January 26, 1989

Majority Report:     Do pass.

     Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                January 27, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 26, 1989

BACKGROUND:

Current statutory law provides that if a candidate for justice or judge receives a majority of all the votes cast for the position in the primary, only the name of the person receiving the highest vote total is printed on the general election ballot.  However, in the case of candidates for superior court judge, Article IV, Section 29 of the Washington State Constitution supersedes the statute in two instances:  (1) in counties containing a population of 100,000 or more, if only one candidate has filed as of the last day for withdrawals of candidacy, no primary or election is held and the candidate receives a certificate of election; and, (2) if, in any county having a contested primary, only one candidate is entitled to have his or her name printed on the general election ballot for any single position, there is no election for that position and the candidate receives a certificate of election.

It is suggested that superior court judges should be elected in the same manner as other judges.

SUMMARY:

Article IV, Section 29 of the Washington Constitution, which establishes special exemptions from primary and general elections for superior court judges, is repealed.  Superior court judges would be elected in the some manner as other judges.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Chris Lindstrom, Washington Association of County Officials (pro); Gary McIntosh, Director of Elections, Secretary of State's office (pro); Judge Herbert Wieland, Superior Court Judges Association (con); Gene Goosman, Equal Justice (pro)