IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO SAR 21

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ORDER NO. 25700-A-950

     The Court on its own motion having recommended the adoption of the proposed amendment to SAR 21, and 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 shown below is adopted.

     (b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendment will be published and will become effective upon publication.

     DATED at Olympia, Washington this 6th day of May, 2010.

	Madsen, C.J.
C. Johnson, J.	Owens, J.
Alexander, J.	Fairhurst, J.
Sanders, J.	J. M. Johnson, J.
Chambers, J.	Stephens, J.

Proposed Amendments to SAR 21

RULE 21. JUSTICES PRO TEMPORE

     (a) Generally. If one or more justices recuse on a case which reduces the court to an even number, a pro tempore justice shall be appointed by the Chief Justice when available, unless a majority of the court directs otherwise. In all other cases of recusal, the Chief Justice shall notify the other justices, in writing, of the recusal as soon as the fact of recusal becomes known to the Chief Justice, and the majority shall direct whether a pro tempore justice should be appointed when available.

     (b) Qualifications. If a pro tempore justice is to be selected, the proposed selection shall be made in the manner set forth hereafter by the Chief Justice, or at the Chief Justice's option by the Clerk of the Court, from a list of active and retired court of appeals judges. The list shall be approved on an annual basis by a majority of the Court. All retired appellate judges will be included on the list, except those who prefer not to be on the list or who are (1) incapacitated, (2) are litigants whose cases have been in this court or will probably likely come to this court, (3) are over 75 years of age (the mandatory judicial retirement age in this state), or (4) are in a practicing law firm as a sole practitioner, member of a law firm, or of counsel to a law firm, or (5) who prefer not to be on the pro tem list. legal counsel for any private, nonprofit, or government entity.

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