SENATE BILL REPORT

                   SB 6580

              As Reported By Senate Committee On:

                Law & Justice, February 2, 1998

Title:  An act relating to education requirements for members of the commission on judicial conduct.

Brief Description:  Developing education requirements for members of the commission on judicial conduct.

Sponsors:  Senators Roach, Heavey, Benton, Patterson, Fairley, Hargrove, Fraser, Stevens, Zarelli, Goings, Oke, Rossi, Horn, Swecker and Morton.

Brief History:

Committee Activity:  Law & Justice:  2/2/98 [DPS, DNPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 6580 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, Stevens and Zarelli.

Minority Report:  Do not pass substitute.

  Signed by Senators Kline and Thibaudeau.

Staff:  Dick Armstrong (786-7460)

Background:  The Commission on Judicial Conduct has the responsibility of determining whether a judge has violated a rule of judicial conduct or if the judge suffers from a permanent disability which interferes with the performance of judicial duties.

The commission may admonish, reprimand or censure a judge or recommend to the Supreme Court the suspension, removal, or retirement of the judge.

The commission consists of 11 members, six members who are non-attorneys and five members who are either an attorney or a judge.

At the present time there are no mandatory educational requirements for commission members.  The commission provides a four-hour orientation program for new members, and members attend educational seminars as allowed by the commission=s budget. 

It has been suggested that the public, attorneys, and judges would have more confidence in the decision of the commission if the members received more education and training.

Summary of Substitute Bill:  Members of the Commission on Judicial Conduct are required to obtain 15 hours of judicial education beginning January 1, 2000.  In addition, new members of the commission must attend an orientation program.  All education and orientation requirements are done at the commissioner=s expense.  The Board of Court Education must develop or approve the education and orientation requirements.

The commission must develop rules to implement the act.

Substitute Bill Compared to Original Bill:  It is clarified that the education and orientation requirements are to be done at the commissioner=s expense.

Appropriation:  None.

Fiscal Note:  Requested on January 28, 1998.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  The CJC supports the intent of the bill.  However, funding for the bill would be required to implement the bill.  In addition, members of the commission are of the opinion that the bill may be unconstitutional because the Legislature would be interfering  with the internal operation of the CJC, in violation of a specific constitutional provision.  The agency already does some education, especially for persons who come on the commission as alternates.

Testified:  CON:  Vivian Caver, member, CJC; David Akana, Executive Director, CJC.