Z-0786.1  _______________________________________________

                    HOUSE JOINT RESOLUTION 4207

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Hickel, Silver, Kessler, G. Fisher, Lisk, Beeksma, Sheahan, Mastin, Robertson, Romero, Delvin, Dyer, Dellwo, Appelwick, McMorris, Clements, Patterson, Costa, Campbell, Backlund, Thompson, L. Thomas, Mitchell and Scott; by request of Supreme Court

Read first time 01/24/95.  Referred to Committee on Law and Justice.

Revising size and leadership of the state supreme court.

    BE IT RESOLVED, BY THE SENATE AND 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, sections 2 and 3 of the Constitution of the state of Washington to read as follows:

    Article IV, section 2.  The supreme court shall consist of ((five)) at least seven judges, a majority of whom shall be necessary to form a quorum, and pronounce a decision.  The said court shall always be open for the transaction of business except on nonjudicial days.  In the determination of causes all decisions of the court shall be given in writing and the grounds of the decision shall be stated.  The legislature may increase the number of judges of the supreme court from time to time and may provide for separate departments of said court.

    Article IV, section 3.  The judges of the supreme court shall be elected by the qualified electors of the state at large at the general state election at the times and places at which state officers are elected, unless some other time be provided by the legislature.  The first election of judges of the supreme court shall be at the election which shall be held upon the adoption of this Constitution and the judges elected thereat shall be classified by lot, so that two shall hold their office for the term of three years, two for the term of five years, and one for the term of seven years.  The lot shall be drawn by the judges who shall for that purpose assemble at the seat of government, and they shall cause the result thereof to be certified to the secretary of state, and filed in his office.  The ((judge having the shortest term to serve not holding his office by appointment or election to fill a vacancy, shall be)) supreme court shall select a chief justice from its own membership to serve for a four-year term at the pleasure of a majority of the court as prescribed by supreme court rule.  The chief justice((, and)) shall preside at all sessions of the supreme court((, and in case there shall be two judges having in like manner the same short term, the other judges of the supreme court shall determine which of them shall be chief justice)).  In case of the absence of the chief justice, the ((judge having in like manner the shortest or next shortest term to serve shall preside)) majority of the remaining court shall select one of their members to serve as acting chief justice.  After the first election the terms of judges elected shall be six years from and after the second Monday in January next succeeding their election.  If a vacancy occur in the office of a judge of the supreme court the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election, and the judge so elected shall hold the office for the remainder of the unexpired term.  The term of office of the judges of the supreme court, first elected, shall commence as soon as the state shall have been admitted into the Union, and continue for the term herein provided, and until their successors are elected and qualified.  The sessions of the supreme court shall be held at the seat of government until otherwise provided by law.

    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.

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