FINAL BILL REPORT

                            SB 5523

                          C 330 L 93

                      SYNOPSIS AS ENACTED

Brief Description:  Expanding authority for appointment of district court judges pro tem.

SPONSORS: Senators Barr, Snyder and Prince

SENATE COMMITTEE ON LAW & JUSTICE

HOUSE COMMITTEE ON JUDICIARY

BACKGROUND:

A person is eligible to serve as a district court judge if the person is (1) an attorney; or (2) previously served as a judge of a lower court; or (3) in a court district with a population of less than 5,000, by passing a qualifying examination (i.e., lay judge).

Prior to 1991, lay district court judges could serve in districts with populations of less than 10,000 persons.  In 1991, the population number was reduced by the Legislature to 5,000 persons.

Ferry County has a population which exceeds 5,000 persons, but presently does not have any attorneys who are available to serve as pro tem district court judges.  This situation occurs when the attorneys in a court district are serving in other legal jobs (i.e., judge, prosecutor, public defender) or are unwilling to serve because of outside business interests or retirement.

SUMMARY:

A nonattorney who has passed the qualifying exam for a district court judge may serve as a pro tem judge in a court district with a population of 10,000 or less if the district does not have any attorneys who are available to serve as a pro tempore judge.

VOTES ON FINAL PASSAGE:

Senate    46   2

House     98   0    (House amended)

Senate    45   2    (Senate concurred)

EFFECTIVE:July 25, 1993