H-0026.1  _______________________________________________

                          HOUSE BILL 2035

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representative Campbell

Read first time 02/13/2001.  Referred to Committee on Judiciary.

Requiring that all decisions of the court of appeals be published.

    AN ACT Relating to publication of court of appeals opinions; and amending RCW 2.06.040.

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

    Sec. 1.  RCW 2.06.040 and 1987 c 43 s 1 are each amended to read as follows:

    The court shall sit in panels of three judges and decisions shall be rendered by not less than a majority of the panel.  In the determination of causes all decisions of the court shall be given in writing and the grounds of the decisions shall be stated.  All decisions of the court ((having precedential value)) shall be published as opinions of the court.  ((Each panel shall determine whether a decision of the court has sufficient precedential value to be published as an opinion of the court.  Decisions determined not to have precedential value shall not be published.))  Panels in the first division shall be comprised of such judges as the chief judge thereof shall from time to time direct.  Judges of the respective divisions may sit in other divisions and causes may be transferred between divisions, as directed by written order of the chief justice.  The court may hold sessions in cities as may be designated by rule.

    No judge of the court shall be entitled to per diem or mileage for services performed at either his or her legal residence or the headquarters of the division of the court of which he or she is a member.

    The court may establish rules supplementary to and not in conflict with rules of the supreme court.

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