Z‑0579.2      _____________________________________________

SENATE BILL 5394

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Kline, Long and Constantine; by request of Administrator for the Courts

Read first time 01/22/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to judges pro tempore; amending RCW 2.08.180;

_2  and providing a contingent effective date.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 2.08.180 and 1987 c 73 s 1 are each amended to read as

_5  follows:

_6      A case in the superior court of any county may be tried by a

_7  judge pro tempore, who must be either:  (1) A member of the bar,

_8  agreed upon in writing by the parties litigant, or their attorneys

_9  of record, approved by the court, and sworn to try the case; ((and

10  his)) or (2) pursuant to supreme court rule, any previously

11  elected judge, active or retired.  Any action in the trial of such

12  cause shall have the same effect as if ((he were)) it was made by

13  a judge of such court.  ((However, if a previously elected judge of

14  the superior court retires leaving a pending case in which the

15  judge has made discretionary rulings, the judge is entitled to

16  hear the pending case as a judge pro tempore without any written

17  agreement.))

                               p. 1                       SB 5394

_1      A judge pro tempore shall, before entering upon his or her

_2  duties in any cause, take and subscribe the following oath or

_3  affirmation:

_4      "I do solemnly swear (or affirm, as the case may be,) that I

_5  will support the Constitution of the United States and the

_6  Constitution of the State of Washington, and that I will

_7  faithfully discharge the duties of the office of judge pro tempore

_8  in the cause wherein . . . . . . is plaintiff and . . . . . . defendant,

_9  according to the best of my ability."

10      A judge pro tempore who is a practicing attorney and who is not

11  a retired justice of the supreme court or judge of a superior

12  court of the state of Washington, or who is not an active judge of

13  an inferior court of the state of Washington, shall receive a

14  compensation of one-two hundred and fiftieth of the annual salary

15  of a superior court judge for each day engaged in ((said)) a

16  trial, to be paid in the same manner as the salary of the superior

17  court judge.  A judge who is an active judge of an inferior court of

18  the state of Washington shall receive no compensation as judge pro

19  tempore.  A justice or judge who has retired from the supreme court,

20  court of appeals, or superior court of the state of Washington

21  shall receive compensation as judge pro tempore in the amount of

22  sixty percent of the amount payable to a judge pro tempore under

23  this section.

24      NEW SECTION. Sec. 2.  This act takes effect January 1, 2002, if

25  the proposed amendment to Article IV, section 7 of the state

26  Constitution, relating to qualifications for judges pro tempore,

27  is validly submitted to and is approved and ratified by the voters

28  at the next general election.  If the proposed amendment is not

29  approved and ratified, this act is void in its entirety.

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SB 5394                        p. 2