H-1302.1          _______________________________________________

                                  HOUSE BILL 1784

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Representative Appelwick.

Read first time February 11, 1991.  Referred to Committee on Judiciary.Allowing retired judges to be judges pro tempore.

     AN ACT Relating to judges pro tempore; amending RCW 2.08.180; and providing a contingent effective date.

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

     Sec. 1.  RCW 2.08.180 and 1987 c 73 s 1 are each amended to read as follows:

     A case in the superior court of any county may be tried by a judge pro tempore, who must be a member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court, and sworn to try the case; and his or her action in the trial of such cause shall have the same effect as if he or she were a judge of such court.  However, if a previously elected judge of the superior court ((retires leaving a pending case in which the judge has made discretionary rulings, the judge is entitled to hear the pending case)) has retired voluntarily, and has not left office as the result of losing a judicial election, action by the commission on judicial conduct, or removal by the legislature, then such a previously elected judge may be approved by the court and sworn to try any case as a judge pro tempore without any written agreement.

     A judge pro tempore shall, before entering upon his duties in any cause, take and subscribe the following oath or affirmation:

     "I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore in the cause wherein .......... is plaintiff and .......... defendant, according to the best of my ability."

     A judge pro tempore who is a practicing attorney and who is not a retired justice of the supreme court or judge of a superior court of the state of Washington, or who is not an active judge of an inferior court of the state of Washington, shall receive a compensation of one-two hundred and fiftieth of the annual salary of a superior court judge for each day engaged in said trial, to be paid in the same manner as the salary of the superior judge.  A judge who is an active judge of an inferior court of the state of Washington shall receive no compensation as judge pro tempore.  A justice or judge who has retired from the supreme court, court of appeals, or superior court of the state of Washington shall receive compensation as judge pro tempore in the amount of sixty percent of the amount payable to a judge pro tempore under this section.

NEW SECTION. Sec. 2.      This act shall take effect if the proposed amendment to Article IV, section 7 of the state Constitution, allowing retired judges to act as judges pro tempore, is validly submitted to and is approved and ratified by the voters in the next general election.  If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety.