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.

Brief History: Passed House: 2/25/05, 95-0.

Committee Activity: Judiciary: 3/23/05, 3/30/05 [DP].

SENATE COMMITTEE ON JUDICIARY

Majority Report: Do pass.Signed by Senators Kline, Chair; Weinstein, Vice Chair; Johnson, Ranking Minority Member; Carrell, Esser, Hargrove, McCaslin, Rasmussen and Thibaudeau.

Staff: Lilah Amos (786-7429)

Background: Under provisions of the Washington State Constitution and statutes, superior courts are authorized to employ judges pro tempore. Judges pro tempore must be: (1) an attorney agreed upon by the parties and approved by the court; (2) a sitting elected judge from another court acting pursuant to supreme court rule; or (3) a superior court judge who has retired and who continues to preside over a pending case.

Superior court judges pro tempore are paid as follows:

• an attorney who is not a retired or active judge receives 1/250th of a superior court judge's annual salary for each day of work as a pro tempore judge;
• an active judge receives no compensation as judge pro tempore other than his or her regular salary; and
• a retired judge receives sixty percent of 1/250th of a superior court judge's salary per day.

Elected judges of courts of limited jurisdiction who serve as part-time judges are authorized to serve as judges pro tempore of the superior court. There is no statutory provision regarding their payment.

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 are allowed compensation for time spent as a judge pro tempore, but only if they are not already being compensated for that time by their part-time salary.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: In smaller counties there is sometimes a need to substitute a pro tem judge for a superior court judge who is unavailable. Often there is not a full-time judge from a limited jurisdiction court available, so a part-time judge must leave his law practice to serve as a pro tem judge. These judges often serve without compensation, which is not a fair situation.

Testimony Against: None.

Who Testified: PRO: Representative Takko, prime sponsor; Joel Penoyar, Superior Court Judge, Pacific and Wahkiakum County Superior Courts.