5394.E AMH JUDI HUTC 59

ESB 5394 - H COMM AMD ADOPTED 4/9/01

By Committee on Judiciary

     On page 1, beginning on line 6, strike all material through "judge." on line 10 and insert "A case in the superior court of any county may be tried by a judge pro tempore((, who must be)) either (1) with the agreement of the parties if the judge pro tempore is a member of the bar, who is agreed upon in writing by the parties litigant((,)) or their attorneys of record, and who is approved by the court((,)) and sworn to try the case; ((and his)) or (2) without the agreement of the parties if the judge pro tempore is a sitting elected judge and is acting as a judge pro tempore pursuant to supreme court rule.  The supreme court rule must require assignments of judges pro tempore based on the judges' experience and must provide for the right, exercisable once during a case, to a change of judge pro tempore.  Such right shall be in addition to any other right provided under RCW 4.12.050."

EFFECT: Requires the supreme court rule to take into consideration the experience of the judge pro tempore and provide for the right to change a judge pro tem.  Clarifies that the right to change a judge pro tempore is in addition to the parties' existing right to file an affidavit of prejudice.