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SUBSTITUTE SENATE BILL 5522
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Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 02/22/95.
Regulating the
use of pro tempore judges and court commissioners.
AN
ACT Relating to the use of pro tempore judges and court commissioners; amending
RCW 3.34.130 and 35.20.200; and adding a new section to chapter 35.20 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
3.34.130 and 1994 c 18 s 1 are each amended to read as follows:
(1)
Each district court shall designate one or more persons as judge pro tempore
who shall serve during the temporary absence, disqualification, or incapacity
of a district judge or to serve as an additional judge for excess caseload
or special set cases. The qualifications of a judge pro tempore shall be
the same as for a district judge, except that with respect to RCW 3.34.060(1),
the person appointed need only be a registered voter of the state. A district
that has a population of not more than ten thousand and that has no person
available who meets the qualifications under RCW 3.34.060(2) (a) or (b), may
appoint as a pro tempore judge a person who has taken and passed the qualifying
examination for the office of district judge as is provided by rule of the
supreme court. A judge pro tempore may sit in any district of the county for
which he or she is appointed. A judge pro tempore shall be paid the salary
authorized by the county legislative authority.
(2)
For each day that a judge pro tempore serves in excess of thirty days during
any calendar year, the annual salary of the district judge in whose
place ((he or she)) the judge pro tempore serves shall be reduced
by an amount equal to one-two hundred fiftieth of such salary: PROVIDED, That
each full time district judge shall have up to fifteen days annual leave
without reduction for service on judicial commissions established by the
legislature or the chief justice of the supreme court. No reduction in salary
shall occur when a judge pro tempore serves:
(a)
While a district judge is using sick leave granted in accordance with RCW
3.34.100 ((or));
(b)
While a district court judge is disqualified from serving following the
filing of an affidavit of prejudice;
(c)
As an additional judge for excess case load or special set cases; or
(d)
While a district judge is otherwise involved in administrative, educational, or
judicial functions related to the performance of the judge's duties: PROVIDED,
That the appointment of judge pro tempore authorized under subsection (2)(c)
and (d) of this section is subject to an appropriation for this purpose by the
county legislative authority.
(((2)))
(3) The legislature may appropriate money for the purpose of reimbursing
counties for the salaries of judges pro tempore for certain days in excess of
thirty worked per year that the judge pro tempore was required to work as the
result of service by a judge on a commission as authorized under subsection (((1)))
(2) of this section. No later than September 1 of each year, each
county treasurer shall certify to the administrator for the courts for the year
ending the preceding June 30, the number of days in excess of thirty that any
judge pro tempore was required to work as the result of service by a judge on a
commission as authorized under subsection (((1))) (2) of this section.
Upon receipt of the certification, the administrator for the courts shall
reimburse the county from money appropriated for that purpose.
Sec.
2. RCW
35.20.200 and 1990 c 182 s 1 are each amended to read as follows:
The
mayor shall, from attorneys residing in the city and qualified to hold the
position of judge of the municipal court as provided in RCW 35.20.170, appoint
judges pro tempore who shall act in the absence of the regular judges of the
court or in addition to the regular judges when the administration of justice
and the accomplishment of the work of the court make it necessary. The mayor
may appoint, as judges pro tempore, any full-time district court judges serving
in the county in which the city is situated. The judges of the municipal court
shall promulgate rules establishing general standards for the use of judges pro
tempore. A copy of said rules shall be filed with the legislative authority of
the city at the time of budget consideration. Such appointments of attorneys
shall be made from a list of attorneys in accordance herewith furnished by the
judges of the municipal court((, which list shall contain not less than five
names in addition to the number of judges pro tempore requested. Appointment of
judges pro tempore shall be for the term of office of the regular judges unless
sooner removed in the same manner as they were appointed)). While acting
as judge of the court judges pro tempore shall have all of the powers of the
regular judges. Before entering upon his or her duties, each judge pro tempore
shall take, subscribe and file an oath as is taken by a municipal judge.
Judges pro tempore shall not practice before the municipal court during their
term of office as judge pro tempore. Such municipal judges pro tempore shall
receive such compensation as shall be fixed by ordinance by the legislative
body of the city and such compensation shall be paid by the city except that
district court judges shall not be compensated by the city other than pursuant
to an interlocal agreement.
NEW
SECTION. Sec. 3. A
new section is added to chapter 35.20 RCW to read as follows:
When so authorized by the city legislative authority, the judges of
the city may appoint one or more municipal court commissioners. A commissioner
must be a registered voter of the city, and shall hold office at the pleasure
of the appointing judges. A person appointed as a commissioner authorized to
hear or dispose of cases must be a lawyer who is admitted to the practice of
law in the state of Washington. A commissioner has such power, authority, and
jurisdiction in criminal and civil matters as the appointing judges possess and
may prescribe.
