H-1290.1 _______________________________________________
HOUSE BILL 1782
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representative Appelwick.
Read first time February 11, 1991. Referred to Committee on Judiciary.
AN ACT Relating to county court commissioners; amending RCW 2.24.010, 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 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. 3. 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. 4. 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. 5. 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. 6. 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.