H-1301.1          _______________________________________________

 

                            HOUSE JOINT RESOLUTION 4220

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State of Washington              52nd Legislature             1991 Regular Session

 

By Representative Appelwick.

 

Read first time February 11, 1991.  Referred to Committee on Judiciary.Amending the Constitution to allow retired judges to be judges pro tempore.


     BE IT RESOLVED, BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

     THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV, section 7 of the Constitution of the state of Washington to read as follows:

 

     Article IV, section 7.     (a) The judge of any superior court may hold a superior court in any county at the request of the judge of the superior court thereof, and upon the request of the governor it shall be his or her duty to do so.

     (b) A case in the superior court 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.  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 such written agreement.

 

     BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.