WSR 09-05-010

RULES OF COURT

STATE SUPREME COURT


[ Filed February 5, 2009, 2:47 p.m. ]


Order on Supplemental Administrative Rule

(February 2009)


THE COURT OF APPEALS OF THE STATE OF WASHINGTON
In the Matter of

SUPPLEMENTAL COURT OF APPEALS ADMINISTRATIVE RULE (SCAR)


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ORDER


The Court of Appeals judges, at a regularly scheduled business meeting on January 27, 2009, adopted amendments to the Supplemental Court of Appeals Administrative Rule.


Now, therefore, it is hereby


ORDERED:


That the amendments set forth below are adopted and effective immediately. Copies of this Order, signed by the Presiding Chief Judge of the Court of Appeals, are to be filed in the office of the clerk of the three Divisions of the Court of Appeals.


DATED at Olympia, Washington, this 3rd day of February, 2009.

C.C. Bridgewater, Presiding Chief Judge


AMENDMENTS TO

SUPPLEMENTAL COURT OF APPEALS ADMINISTRATIVE RULE (SCAR)


PRESIDING CHIEF JUDGE --

EXECUTIVE COMMITTEE



     (a) Executive Committee. There is hereby created an executive committee of the Court of Appeals. It shall be made up of the Presiding Chief Judge, as chair, and the remaining Chief Judges of the divisions of the court and the Acting Chief Judge of Division One.

     (b) Duties of the Executive Committee. The executive committee shall be in general charge of responsible for administering the affairs of the Court of Appeals. Decisions on the Court's budget and other important decisions shall be made by the full Court; other decisions affecting the Court as a whole may be made by the executive committee. The full Court may delegate additional authority as appropriate. The committee's Its duties shall include the following:

     (1) Coordinating the judicial work of the court to the end that its case load can be handled expeditiously;

     (2) Administering the budget of the court Making budget recommendations to the full Court, submitting the approved budget to the Legislature, and administering the budget;

     (3) Recommending to and implementing policies determined by the Court of Appeals as a whole;

     (4) Appointing special committees for the court as necessary;

     (5) Appointing representatives of the court to serve on judicially related committees or task forces which may require a Court of Appeals representative;

     (6) Counseling and directing the Presiding Chief Judge on matters of liaison with the organizations set forth below;

     (7) (4) Such other duties as the Court of Appeals as a whole may from time to time direct;

     (8) (5) If the Presiding Chief Judge is not serving as the Chief Judge of a division or the Acting Chief Judge of Division One, the Presiding Chief Judge shall not have a vote on the executive committee.

     (c) Selection of Presiding Chief Judge. In April of each year Each year, during the appellate judges' spring conference, the Court of Appeals shall select a Presiding Chief Judge for the Court of Appeals. For any year in which spring conference is not held, the selection shall be conducted by May 1.

     (1) Those eligible for the position of Presiding Chief Judge shall be the Chief Judges of each of the divisions of the Court of Appeals and the Acting Chief Judge of Division One, and any other judge who has served as a Chief Judge of any Division or as acting Chief Judge of Division One.

     (2) The position of Presiding Chief Judge shall rotate annually, and be selected from Division I every other year.

     (3) The term of the Presiding Chief Judge shall be for 1 year.

     (d) Duties of the Presiding Chief Judge. The duties of the Presiding Chief Judge shall be those duties delegated by the Court of Appeals as a whole or by the executive committee.

     (1) Act as a liaison and representative for the Court of Appeals with all other organizations; other levels of the judicial system, namely, the Supreme Court, the superior courts, the courts of limited jurisdiction, and the federal courts;

     (2) Act as liaison and representative for the Court of Appeals with the Washington State Bar Association;

     (3) Act as liaison and representative for the Court of Appeals with the Washington State Administrator for the Courts;

     (4) Act as liaison and representative for the Court of Appeals with the press and the public;

     (5) Act as liaison and representative for the Court of Appeals with the legislative branch of government;

     (6) Act as liaison and representative for the Court of Appeals with the executive branch of government;

     (2) Appoint representatives of the court to serve on judicially related committees or task forces which may require a Court of Appeals representative;

     (3) Appoint special committees for the court as necessary;

     (7) (4) Perform such other duties as the executive committee shall from time to time direct.

     (e) Meetings and Reports. The Presiding Chief Judge shall call quarterly meetings of the Court of Appeals as a whole. Other meetings shall be Meetings of the Court of Appeals as a whole shall be called as directed by the executive committee. At meetings, the Presiding Chief Judge will:

     (1) Preside;

     (2) Prepare an agenda and, if possible, forward the proposed agenda to all members of the Court of Appeals in advance of each meeting;

     (3) Report to the Court of Appeals with reference to his liaison activities with the organizations set forth above;

     (4) Arrange for the meeting place;

     (5) Arrange for the recording of minutes;

     (6) Arrange for maintenance of Maintain the records of all meetings of the court.

     (f) Voting at Meetings of the Court of Appeals as a Whole. Members who attend a meeting, including by telephone or videoconference, may vote in that meeting.

     (g) Role of Committees other than the Executive Committee. Committees other than the executive committee report to, and may make recommendations to, the executive committee. Decisions about these recommendations are to be made by the executive committee or the full Court, unless special authority is delegated to a particular committee for a particular purpose.

     (f) (h) Amendments. Amendments to this rule must be approved by a majority of the members of the Court of Appeals. An Order adopting the amendments shall be signed by the Presiding Chief Judge. The Order shall be filed in the clerk's office of each Division of the Court of Appeals and a copy provided to the Reporter of Decisions.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

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