BILL REQ. #:  S-1333.1 

Read first time 02/10/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to the judicial conduct commission; and amending RCW 2.64.030, 2.64.060, 2.64.111, 2.64.115, and 2.64.120.

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

Sec. 1   RCW 2.64.030 and 1981 c 268 s 4 are each amended to read as follows:
     (1) Commission membership shall terminate if a member ceases to hold the position that qualified him or her for appointment. Vacancies caused by disqualification or resignation shall be filled by the appointing authority for the remainder of the term. No person may serve more than two consecutive four-year terms. A person may be reappointed after a lapse of one year. A member, rather than his or her successor, shall continue to participate in any hearing in progress at the end of his or her term, or when the member ceases to hold the position that qualified him or her for appointment. The appointing authority shall appoint an alternate to serve during a member's temporary disability, disqualification, or inability to serve. No member may otherwise be removed from the commission before the end of his or her term except upon good cause found by the appointing authority.
     (2) No commission member or alternate who participates in an investigation or initial proceeding leading to a finding of probable cause may participate in any further proceedings, including a public hearing on that cause.

Sec. 2   RCW 2.64.060 and 1981 c 268 s 7 are each amended to read as follows:
     Each member of the commission, and any special master appointed by the commission, may administer oaths. The commission may summon and examine witnesses and compel the production and examination of papers, books, accounts, documents, records, certificates, and other evidence for the determination of any issue before or the discharge of any duty of the commission. The commission shall also issue subpoenas at the request and on behalf of any judge or justice under inquiry. All subpoenas shall be signed by a member of the commission or a special master appointed by the commission. Subpoenas shall be served and witnesses reimbursed in the manner provided in civil cases in superior court. All discovery prior to a public hearing shall be conducted pursuant to the rules of civil procedure promulgated by the Washington state supreme court. Any jurist subject to proceedings before the commission shall be entitled to obtain discovery pursuant to these rules from the commission, its staff, and other persons involved in the investigation or analysis leading to a determination of probable cause.

Sec. 3   RCW 2.64.111 and 1989 c 367 s 6 are each amended to read as follows:
     All pleadings, papers, evidence records, and files of the commission, including complaints and the identity of complainants, compiled or obtained during the course of an investigation or initial proceeding involving the discipline or retirement of a judge or justice, are exempt from the public disclosure requirements of chapter 42.17 RCW during such investigation or initial proceeding, provided any respondent jurist shall at all times be entitled to disclosure of the information unless a superior court of competent jurisdiction shall order otherwise upon a finding beyond a reasonable doubt that the public interest requires preventing such disclosure. As of the date ((of a public hearing)) the commission makes a finding of probable cause, all those records of the initial investigation and initial commission proceeding ((that were the basis of a finding of probable cause)) are subject to the public disclosure requirements of chapter 42.17 RCW.

Sec. 4   RCW 2.64.115 and 1989 c 367 s 8 are each amended to read as follows:
     The commission is subject to the open public meetings act, chapter 42.30 RCW. However, investigations, initial proceedings, public hearings, and executive sessions involving the discipline or retirement of a judge or justice are governed by this chapter and Article IV, section 31 of the state Constitution and to the extent required by the state Constitution are exempt from the provisions of chapter 42.30 RCW.

Sec. 5   RCW 2.64.120 and 1981 c 268 s 13 are each amended to read as follows:
     The commission shall for all purposes be considered an independent part of the judicial branch of government and all members and alternates shall be subject to the code of judicial conduct as promulgated by the Washington state supreme court.