WSR 98-19-011

RULES OF COURT

STATE SUPREME COURT

[September 3, 1998]

The Judicial Officer Examination Committee having recommended the adoption of the proposed amendment to GR 8, and the Court having determined that the proposed amendment will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendment as attached hereto is adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendment will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 3rd day of September, 1998.

GR 9 COVER SHEET

Proposed Amendments

GR 8.1, 8.2, 8.3, 8.4, 8.5 and new 8.6

(1) Background: GR 8 encompasses five rules, GR 8.1 through 8.5, establishing a qualifying examination for lay candidates for judicial officers. GR 8.1 describes those persons who are required to take the GR 8 examination, GR 8.2 establishes the qualifying examination and describes when re-examination is required, GR 8.3 establishes the GR 8 committee, GR 8.4 assigns the committee's responsibilities, and GR 8.5 describes how unsuccessful candidates may apply for re-examination.

The GR 8 committee met in early April 1998 to review all aspects of GR 8. The committee noted a number of ways in which GR 8 could be amended to improve administration of the qualifying examination.

(2) Purpose:

GR 8.1 and 8.6: These amendments clarify that a person who has passed the GR examination may act in a judicial capacity only if that person is subsequently elected or appointed to a position as a judicial officer in a court authorized by Washington's constitution and statutes to employ non-attorney judicial officers. This amendment reflects a simple clarification of existing law, not the creation of a new requirement.

GR 8.2: This amendment allows for a longer judicial break in service before the judicial officer would be required to re-take the examination. Also, a person who does not serve as a judicial officer for two years after passing the examination must re-take the examination in order to re-qualify for judicial service.

GR 8.3: The change makes the language gender-neutral.

GR 8.4: This amendment establishes an examination fee. Persons requesting a copy of the study syllabus may be required to pay the reasonable costs of producing the syllabus. The purpose here is to make the examination reasonably self-supporting and to bring it in line with comparable examinations.

GR 8.5: Persons who do not pass the examination may request re-examination once every 12 months instead of every 6 months. The examination need not be given in multiple times and locations each year.

(3) Washington State Bar Association Action: None.

(4) Supporting material: None.

(5) Spokesperson: Mary McQueen, GR 8 Committee Chair.

(6) Hearing: None recommended.

RULE 8. QUALIFYING EXAMINATION FOR LAY CANDIDATES FOR JUDICIAL OFFICERS

Rule 8.1 Definitions

As used in this rule:

(a) "Judicial officer" shall mean anyone:

(1) Who is not admitted to practice law in the state of Washington;

(2) including but not limited to Who has been appointed or elected as a district court judges, municipal court judges, justices of the peace, police court judges, judges of any court inferior to the superior court which may be hereafter established, court commissioners and or administrators; and

(2) (3) Who hears and disposes of cases.

(b) "Hears and disposes of cases" shall mean but is not limited to signing warrants; issuing summonses; setting bail; presiding at preliminary appearances, arraignments, hearings, trials or other proceedings or determining conditions of release.

Rule 8.2 Mandatory Qualifying Examination

Every lay candidate for a judicial officer position shall, before initial appointment or election, pass the qualifying examination prepared in accordance with this rule. Reexamination will not be required unless either (1) a break in judicial service for one two years or greater should occur, or (2) service as a judicial officer does not begin within two years of passing the examination.

Rule 8.3 Judicial Officer Examination Committee

The qualifying examination for lay candidates for judicial officers shall be prepared and administered by a committee, under the supervision of the Chief Justice of the Supreme Court, composed of the Administrator for the Courts, the President of the Superior Court Judges' Association, and the President of the Washington Magistrates' Association. The Administrator for the Courts shall be the chairman of the committee.

Rule 8.4 Committee Responsibilities

The committee shall:

(a) Examination Fee. Require candidates to pay an examination fee each time they register for the examination. The amount of the fee shall be proposed by the committee and approved by the Supreme Court.

(a) (b) Study Syllabus. Promulgate syllabi for study by candidates to prepare them for the responsibilities of a judicial officer and the qualifying examination for each jurisdiction. The syllabi shall include, but are not limited to, constitutional and statutory provisions and Supreme Court rules relating to the conduct of courts, state statutes, basic rules of evidence, and rights of a criminal defendant. Persons requesting a copy of the study syllabus may be charged the reasonable costs of producing the syllabus.

(b) (c) Examination. Prepare qualifying examinations to test on proficiency included in the respective study syllabi. The examinations shall require written responses to written questions, and may also include oral portions.

(c) (d) Administration. Announce the time and place for the examination and provide for monitoring and security during the examination.

(d) (e) Grading. Arrange for the grading of the examination papers and determine a level of adequate competence that the candidate shall demonstrate to pass the examination.

(e) (f) Certification. Certify to the auditor of the county in which the applicant resides the names of those applicants qualified by examination for performing the duties of judicial officer.

Rule 8.5 Unsuccessful Candidates

A candidate who fails to pass the qualifying examination may, on petition to the committee, be given additional examinations once every 6 12 months at a times and places set by the committee.

Rule 8.6 Successful Candidates

A candidate who passes the qualifying examination may not act in a judicial capacity and has no judicial authority unless the candidate is appointed or elected as a judicial officer to a court that is authorized to employ non-attorney judicial officers under Washington's constitution or statutes.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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