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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.
Passed
the Senate January 17, 1996.
Passed
the House February 26, 1996.
Approved by the Governor March 7, 1996.
Filed in
Office of Secretary of State March 7, 1996.
