FINAL BILL REPORT

                 HJR 4218

Brief Description:  Amending the Constitution as to the allowable number of county court commissioners.

By Representative Appelwick.

House Committee on Judiciary

Senate Committee on Law & Justice

Background:  The state constitution sets the maximum number of superior court commissioners in each county at three.  Court commissioners are authorized to perform many of the duties of a judge, but their actions are subject to revision by a judge.  Statutes have given court commissioners explicit authority to perform duties such as conducting probate proceedings, issuing temporary restraining orders, and hearing ex parte and uncontested civil matters.  Court commissioners are paid out of county funds, and their salaries are set by county legislative authorities.

The limit of three court commissioners per county was set at the time the state's constitution was adopted.  The population of the entire state has increased many times over since then, and the population disparity among individual counties is now very significant.

By statute, the Legislature has authorized the use of specialized commissioners.  These commissioners have fairly narrowly defined authority to act in family law and mental health proceedings.  The number of these commissioners in each county is set by the county legislative authority.  These commissioners are not considered "court commissioners" within the meaning of the constitution, and therefore are not subject to the three-commissioner limit.  Their use has been upheld by the state Supreme Court.

Summary:  The constitution is amended to remove the limit on the number of court commissioners in each county.  County legislative authorities are authorized to set the number of court commissioners.

Votes on Final Passage:

House  98   0

Senate 42   0

Effective:    Upon approval by the voters at the next general election.