Title: An act relating to judicial compensation.

Brief Description: Limiting compensation for part-time judges.

Sponsors: Representatives Takko, Walsh, Blake and Wallace; by request of Board For Judicial Administration.

Hearing Date: 2/1/05

Staff: Bill Perry (786-7123).

Background:

For various reasons, temporary judges are sometimes used to hear cases in superior courts. In order to sit as a judge pro tempore, a person must be either: (1) An attorney agreed upon by the parties; (2) A sitting elected judge from another court; or (3) A superior court judge who retires and continues to preside over a pending case.

Pay for superior court judges pro tempore varies depending on the pro tempore's status.

• An attorney who is not a retired or active judge receives 1/250th of a superior court judge's salary for each day of work as a pro tempore;
• A retired judge receives 60% of 1/250th of a superior court judge's salary per day;
• An active judge of another court receives no compensation for work as a pro tempore;

Some elected judges of courts of limited jurisdiction serve as part-time judges. The statute dealing with the salaries of superior court judges pro tempore does not explicitly address the payment of part-time judges who serve as judges pro tempore.

Summary of Bill:

The prohibition against active judges receiving compensation as judges pro tempore is limited to active full-time judges. Active part-time judges may be compensated for time spent as a pro tempore, but only if that time is not also being compensated for by the part-time salary.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.