WSR 10-06-104

PROPOSED RULES

COMMISSION ON

JUDICIAL CONDUCT

[ Filed March 2, 2010, 6:34 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: CJCRP Rule 28 Reinstatement of Eligibility, revised language clarifies the existing rule process whereby former judges who had been ordered ineligible for judicial office may seek reinstatement.

Hearing Location(s): Holiday Inn Express Hotel & Suites, 19621 International Boulevard, Evergreen Room, SeaTac, WA 98188, on May 14, 2010, at 11:00 a.m.

Date of Intended Adoption: May 14, 2010.

Submit Written Comments to: J. Reiko Callner, P.O. Box 1817, Olympia, WA 98507, e-mail rcallner@cjc.state.wa.us, fax (360) 586-2918, by May 7, 2010.

Assistance for Persons with Disabilities: Contact Kathy Sullivan by May 7, 2010, TTY (360) 753-4585.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: CJCRP Rule 28 Reinstatement of Eligibility, the proposed revised language more closely addresses the typical circumstances of a request for reinstatement and clarifies (but does not change) the point that the investigation of a former judge's present fitness for judicial office is confidential. In addition, the proposed revisions clarify that the commission deliberations are confidential and that the reinstatement decision is public.

Statutory Authority for Adoption: Washington State Constitution Article IV, Section 31, paragraph 10.

Statute Being Implemented: Chapter 2.64 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Clarifies Rule 28; no significant fiscal impact beyond minor printing costs.

Name of Proponent: Commission on judicial conduct, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: J. Reiko Callner, 210 11th Avenue S.W., #400, Olympia, WA 98501, (360) 753-4585.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact statement is required for this proposal by chapter 19.85 RCW. The rules are procedural in nature.

A cost-benefit analysis is not required under RCW 34.05.328. Does not apply. No significant fiscal impact.

March 2, 2010

J. Reiko Callner

Executive Director

AMENDATORY SECTION (Amending 96-01 filed 8/13/96)


RULE 28. REINSTATEMENT OF ELIGIBILITY


An individual, whose eligibility for judicial office had been removed by the supreme court, or by resignation and stipulated order ((of closure)) in a proceeding before the commission, may file with the commission a petition for reinstatement of eligibility. The petition shall set forth the residence and mailing address of the petitioner, the date of removal by the supreme court, or resignation and stipulated order ((of closure)) in the proceeding before the commission and a concise statement of facts ((claimed to)) justifying reinstatement. The petition shall be a public document.

The commission may refer the petition to the investigative officer for investigation of the character and fitness of the petitioner to be eligible for holding judicial office. The investigative officer may seek and consider any information from any source that may relate to the issues of character and fitness or the reinstatement. The investigation shall be confidential.

Petitioner shall make an affirmative showing by clear, cogent and convincing evidence, that reinstatement will not be detrimental to the integrity and standing of the judiciary and the administration of justice, or be contrary to the public interest.

In cases where the supreme court has removed the individual's eligibility for judicial office, t((T))he commission will recommend to the supreme court in writing that the petitioner should or should not be reinstated to eligibility to hold judicial office as provided by these rules and the Discipline Rules for Judges. In cases where the individual stipulated in a proceeding at the commission level to ineligibility for judicial office, the commission shall deliberate in executive session, and issue a public decision granting or denying the petitioner's reinstatement request for eligibility to hold judicial office. The commission will provide a copy of the recommendation or decision to petitioner or petitioner's lawyer.

The petitioner shall be responsible, and shall make adequate provision, for payment of all costs and reasonable attorneys' fees in these proceedings in a manner determined by the commission. Failure to pay the amount assessed shall be grounds to dismiss the petition.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Commission on Judicial Conduct and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office