SENATE BILL 6511





                        57th Legislature

                      2002 Regular Session


Passed by the Senate February 15, 2002

  YEAS 45   NAYS 0




President of the Senate


Passed by the House March 6, 2002

  YEAS 93   NAYS 0



I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 6511 as passed by the Senate and the House of Representatives on the dates hereon set forth.




Speaker of the

      House of Representatives









Approved Place Style On Codes above, and Style Off Codes below.  





Governor of the State of Washington

                   Secretary of State

                  State of Washington



                         SENATE BILL 6511



             Passed Legislature - 2002 Regular Session


State of Washington   57th Legislature        2002 Regular Session


By Senators Johnson, Kline, Costa and Winsley; by request of Administrator for the Courts


Read first time 01/18/2002.  Referred to Committee on Judiciary.

Authorizing any sitting elected judge to be a judge pro tempore.

    AN ACT Relating to judges pro tempore; and amending RCW 2.08.180.




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

    A case in the superior court of any county may be tried by a judge pro tempore, who must be either:  (1) A member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court, and sworn to try the case; ((and his)) or (2) pursuant to supreme court rule, any sitting elected judge.  Any action in the trial of such cause shall have the same effect as if ((he were)) it was made by a judge of such court.  However, if a previously elected judge of the superior court retires leaving a pending case in which the judge has made discretionary rulings, the judge is entitled to hear the pending case as a judge pro tempore without any written agreement.

    A judge pro tempore shall, before entering upon his or her duties in any cause, take and subscribe the following oath or affirmation:

    "I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore in the cause wherein . . . . . . is plaintiff and . . . . . . defendant, according to the best of my ability."

    A judge pro tempore who is a practicing attorney and who is not a retired justice of the supreme court or judge of a superior court of the state of Washington, or who is not an active judge of ((an inferior)) a court of the state of Washington, shall receive a compensation of one-two hundred ((and)) fiftieth of the annual salary of a superior court judge for each day engaged in said trial, to be paid in the same manner as the salary of the superior judge.  A judge who is an active judge of ((an inferior)) a court of the state of Washington shall receive no compensation as judge pro tempore.  A justice or judge who has retired from the supreme court, court of appeals, or superior court of the state of Washington shall receive compensation as judge pro tempore in the amount of sixty percent of the amount payable to a judge pro tempore under this section.


                            --- END ---