H-2161

AN ACT Relating to county court commissioners; amending RCW 2.24.010, 4.12.040, 4.12.050, 26.12.050, 26.12.060, 71.05.135, and 71.05.137; and providing a contingent effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 2.24.010 and 1990 c 191 s 1 are each amended to read as follows:

There may be appointed in each county or judicial district, by the judges of the superior court having jurisdiction therein, one or more court commissioners for said county or judicial district. Each such commissioner shall be a citizen of the United States and shall hold the office during the pleasure of the judges making the appointment. The number of court commissioners in each county shall be determined by the legislative authority of that county.

Sec. 2. RCW 4.12.040 and 1989 c 15 s 1 are each amended to read as follows:

(1) No judge or court commissioner of a superior court of the state of Washington shall sit to hear or try any action or proceeding when it shall be established as hereinafter provided that said judge or commissioner is prejudiced against any party or attorney, or the interest of any party or attorney appearing in such cause. In such case the presiding judge in judicial districts where there is more than one judge shall forthwith transfer the action to another department of the same court, or call in a judge from some other court. In all judicial districts where there is only one judge, a certified copy of the motion and affidavit filed in the cause shall be transmitted by the clerk of the superior court to the clerk of the superior court designated by the chief justice of the supreme court. Upon receipt the clerk of said superior court shall transmit the forwarded affidavit to the presiding judge who shall direct a visiting judge to hear and try such action as soon as convenient and practical.

(2) The presiding judge in judicial districts where there is more than one judge, or the presiding judge of judicial districts where there is only one judge, may send a case for trial to another court if the convenience of witnesses or the ends of justice will not be interfered with by such a course and the action is of such a character that a change of venue may be ordered: PROVIDED, That in criminal prosecutions the case shall not be sent for trial to any court outside the county unless the accused shall waive his right to a trial by a jury of the county in which the offense is alleged to have been committed.

Sec. 3. RCW 4.12.050 and 1941 c 148 s 1 are each amended to read as follows:

Any party to or any attorney appearing in any action or proceeding in a superior court, may establish such prejudice by motion, supported by affidavit that the judge or court commissioner before whom the action is pending is prejudiced against such party or attorney, so that such party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial before such judge or court commissioner: PROVIDED, That such motion and affidavit is filed and called to the attention of the judge or court commissioner before he or she shall have made any ruling whatsoever in the case, either on the motion of the party making the affidavit, or on the motion of any other party to the action, of the hearing of which the party making the affidavit has been given notice, and before the judge or court commissioner presiding has made any order or ruling involving discretion, but the arrangement of the calendar, the setting of an action, motion or proceeding down for hearing or trial, the arraignment of the accused in a criminal action or the fixing of bail, shall not be construed as a ruling or order involving discretion within the meaning of this proviso; and in any event, in counties where there is but one resident judge, such motion and affidavit shall be filed not later than the day on which the case is called to be set for trial: AND PROVIDED FURTHER, That notwithstanding the filing of such motion and affidavit, if the parties shall, by stipulation in writing agree, such judge or commissioner may hear argument and rule upon any preliminary motions, demurrers, or other matter thereafter presented: AND PROVIDED FURTHER, That no party or attorney shall be permitted to make more than one such application in any action or proceeding under this section and RCW 4.12.040.

Sec. 4. RCW 26.12.050 and 1989 c 199 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, in class "A" counties and counties of the first through ninth classes, the superior court may appoint the following persons to assist the family court in disposing of its business:

(a) One or more ((~~attorneys to act as family~~)) court commissioners as authorized pursuant to chapter 2.24 RCW, and

(b) Such investigators, stenographers and clerks as the court shall find necessary to carry on the work of the family court.

(2) ((~~The county legislative authority must approve the creation of family court commissioner positions.~~

~~(3)~~)) The appointment of commissioners shall be in accordance with chapter 2.24 RCW, and other appointments provided for in this section shall be made by majority vote of the judges of the superior court of the county and may be made in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law. ((~~Family court commissioners and~~)) Investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county legislative authority shall determine. The appointments may be full or part-time positions. ((~~A person appointed as a family court commissioner may also be appointed to any other commissioner position authorized by law.~~))

Sec. 5. RCW 26.12.060 and 1988 c 232 s 4 are each amended to read as follows:

The ((~~family~~)) court commissioners shall: (1) Receive all applications and complaints filed in the family court for the purpose of disposing of them pursuant to this chapter; (2) investigate the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings filed in or transferred to the family court pursuant to this chapter; (3) ((~~for the purpose of this chapter,~~)) exercise all the powers and perform all the duties of ((~~regular~~)) court commissioners; (4) hold conciliation conferences with parties to and hearings in proceedings under this chapter and make written reports of all proceedings had which shall become a part of the record of the family court; (5) provide such supervision in connection with the exercise of its jurisdiction as the judge of the family court may order; (6) cause the orders and findings of the family court to be entered in the same manner as orders and findings are entered in cases in the superior court; (7) cause such other reports to be made and records kept as will indicate the value and extent of such conciliation service; and (8) conduct hearings under chapter 13.34 RCW as provided in RCW 13.04.021.

Sec. 6. RCW 71.05.135 and 1989 c 174 s 1 are each amended to read as follows:

In class A counties and counties of the first through ninth classes, the superior court may appoint court commissioners in accordance with chapter 2.24 RCW and may appoint the following additional persons to assist the superior court in disposing of its business: PROVIDED, That such positions may not be created without prior consent of the county legislative authority:

((~~(1) One or more attorneys to act as mental health commissioners; and~~

~~(2)~~)) Such investigators, stenographers, and clerks as the court shall find necessary to carry on the work of the ((~~mental health~~)) court commissioners.

The additional appointments provided for in this section shall be made by a majority vote of the judges of the superior court of the county and may be in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law. ((~~Mental health commissioners and~~)) Investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county legislative authority shall determine. The appointments may be full or part-time positions. ((~~A person appointed as a mental health commissioner may also be appointed to any other commissioner position authorized by law.~~))

Sec. 7. RCW 71.05.137 and 1989 c 174 s 2 are each amended to read as follows:

The judges of the superior court of the county by majority vote may authorize ((~~mental health~~)) court commissioners, appointed pursuant to chapter 2.24 RCW ((~~71.05.135~~)), to perform any or all of the following duties:

(1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursuant to this chapter;

(2) Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter;

(3) For the purpose of this chapter, exercise all powers and perform all the duties of a court commissioner appointed pursuant to RCW 2.24.010;

(4) Hold hearings in proceedings under this chapter and make written reports of all proceedings under this chapter which shall become a part of the record of superior court;

(5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and

(6) Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court.

NEW SECTION. Sec. 8. This act shall take effect if the proposed amendment to Article IV, section 23 of the state Constitution affecting the number of county court commissioners is validly submitted to and is approved and ratified by the voters at the next general election held. If the proposed amendment is not so approved and ratified, this act is void in its entirety.