Z-1108.1  _______________________________________________

                         SENATE BILL 6121

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Roach, Long and Haugen; by request of Court of Appeals

Read first time 01/12/98.  Referred to Committee on Law & Justice.

Revising procedures for staggering of terms for new court of appeals positions.

    AN ACT Relating to court of appeals judicial positions; and amending RCW 2.06.076.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 2.06.076 and 1993 c 420 s 2 are each amended to read as follows:

    (1) Any judicial position created by section 1, chapter 420, Laws of 1993 shall be effective only if that position is specifically funded and is referenced by division and district in an omnibus appropriations act.

    (2)(a) The full term of office for the judicial positions authorized pursuant to chapter 420, Laws of 1993 shall be six years.

    (b) The authorized judicial positions shall be filled at the general election in the November immediately preceding the beginning of the full term except as provided in (d) and (e) of this subsection.

    (c) The six-year terms shall be staggered as ((provided in (c)(i) through (iii) of this subsection.

    (i))) follows:  In the first division, the initial full terms of six years for the two positions in district 1 shall begin the second Monday in January following the general election held in ((November 1993.  If the effective dates for the judicial positions are later than the deadline to include them in the November 1993 election, the initial full terms shall begin the second Monday in January following the general election held in)) November 1999.  ((The initial full term of six years for the position in district 3 shall begin on the second Monday in January following the general election held in November 1996.))  If the effective date for the judicial ((position is)) positions are later than the deadline to include it in the November ((1996)) 1999 election, the initial full term shall begin the second Monday in January following the general election held in November ((2002)) 2005.

    (((ii) In the second division, the initial full term of six years for the position in district 2 shall begin the second Monday in January following the general election held in November 1994.  If the effective date of the judicial position is later than the deadline to include it in the November 1994 election the initial full term shall begin the second Monday in January following the general election held in November 2000.  The initial full term for the position in district 3 shall begin the second Monday in January following the general election held in November 1998.  If the effective date of the judicial position is later than the deadline to include it in the November 1998 election, the initial full term shall begin the second Monday in January following the general election held in November 2004.

    (iii) In the third division, the initial full term of six years for the position in district 3 shall begin the second Monday in January following the general election held in November 1994.  If the effective date of the judicial position is later than the deadline to include it in the November 1994 election, the initial full term will begin the second Monday in January following the general election held in November 2000.))

    (d) Upon becoming effective pursuant to subsection (1) of this section, the governor shall appoint judges to the additional judicial positions authorized in section 1, chapter 420, Laws of 1993.  The appointed judges shall hold office until the second Monday in January following the general election following the effective date of the position.  The appointed judges and other judicial candidates are entitled to run for the judicial position at the general election following appointment.

    (e) The initial election for these positions shall be held in November following the effective date of the position.  If the initial election of a newly authorized position is not held on a date which corresponds to the beginning of a full term as specified in (c)(((i) through (iii))) of this subsection, the election shall be for a partial term.

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