SENATE BILL REPORT

                            HB 2282

                AS PASSED SENATE, MARCH 2, 1994

Brief Description:  Providing that a district court judges salary is not reduced when a pro tempore judge serves due to an affidavit of prejudice.

SPONSORS: Representatives Holm and Appelwick

HOUSE COMMITTEE ON JUDICIARY

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass. 

     Signed by Senators A. Smith, Chairman; Ludwig, Chairman; Nelson, Quigley, Roach and Schow.

Staff:  Dick Armstrong (786‑7460)

Hearing Dates: February 16, 1994

BACKGROUND:

District court judges are authorized to use pro tempore judges under certain circumstances.  Pro tempore judges may be used during the "absence, disqualification or incapacity" of a judge.  However, a judge may use pro tempore judges for a maximum of 30 days per year at county expense.  With two exceptions, a judge who uses a pro tempore judge for more than 30 days in a year will incur a pro rata reduction in the judge's salary.  The exceptions are for use of a pro tempore judge while the judge is on authorized sick leave or for up to 15 days while the judge is serving on judicial commissions.  If a district court judge exceeds the 30-day limit for any reason other than these two exceptions, the judge's salary is reduced for each day a pro tempore judge is used.

Particularly in districts with only one judge, the filing of an affidavit of prejudice against the judge may lead to the use of a pro tempore judge.

SUMMARY:

An additional exception is added to the 30-day limit on a district court judge's use of judges pro tempore.  A judge's salary will not be reduced if the reason a judge uses a pro tempore judge is that the judge is disqualified by an affidavit of prejudice.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

Especially in one-judge districts, the filing of affidavits of prejudice can cause serious problems.  It is unfair for a judge to have to forfeit his or her salary because of the action of other parties.

TESTIMONY AGAINST:  None

TESTIFIED:  Judge Kip Stilz, District and Municipal Court Judges Association (pro); Laura Porter, Mason County Commissioners (pro)