BILL REQ. #:  S-0535.1 

Read first time 01/12/09.   Referred to Committee on Judiciary.

     AN ACT Relating to creating a nonpartisan judicial commission; amending RCW 2.04.100 and 2.06.080; adding a new section to chapter 2.04 RCW; and providing a contingent effective date.

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

Sec. 1   RCW 2.04.100 and 1971 c 81 s 3 are each amended to read as follows:
     If a vacancy occurs in the office of a justice of the supreme court, the governor shall appoint ((a)) one of the three persons nominated by the nonpartisan judicial commission under section 2 of this act to hold the office until the election and qualification of a justice to fill the vacancy, which election shall take place at the next succeeding general election, and the justice so elected shall hold the office for the remainder of the unexpired term. If the governor fails to appoint any of the nominees within sixty days after the list of nominees is submitted, the nonpartisan judicial commission shall appoint one of the nominees to fill the vacancy.

NEW SECTION.  Sec. 2   A new section is added to chapter 2.04 RCW to read as follows:
     (1) The nonpartisan judicial commission is hereby established. The duty of the commission is, in the event of a vacancy in the supreme court or court of appeals, to nominate and submit to the governor three names of people qualified to fill the vacancy. The nonpartisan judicial commission consists of: A justice of the supreme court, selected by the members of the supreme court; three members of the state bar association, one from each of the three divisions of the court of appeals, selected by members of the state bar association in that division; and a resident from each of the three divisions of the court of appeals, who are not members of the state bar association, selected by the governor. The members of the commission shall select one of their members to serve as chair. No commission member, other than a judge, may hold public office. No commission member may hold an official position in a political party. Members shall be compensated in accordance with RCW 43.03.240 in addition to travel expenses provided by RCW 43.03.050 and 43.03.060. The supreme court may adopt rules to administer the commission.
     (2) The nonpartisan judicial commission members shall serve six-year terms. The initial members shall have their terms staggered as follows: One member appointed by the state bar association and one member appointed by the governor must be appointed for a two-year term; one member appointed by the state bar association and one member appointed by the governor must be appointed for a four-year term; and the remaining members must be appointed for six-year terms. Thereafter, members must be appointed for six-year terms.

Sec. 3   RCW 2.06.080 and 1969 ex.s. c 221 s 8 are each amended to read as follows:
     If a vacancy occurs in the office of a judge of the court, the governor shall appoint ((a)) one of the three persons nominated by the nonpartisan judicial commission under section 2 of this act to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election and the judge so elected shall hold the office for the remainder of the unexpired term. If the governor fails to appoint any of the nominees within sixty days after the list of nominees is submitted, the nonpartisan judicial commission shall appoint one of the nominees to fill the vacancy.

NEW SECTION.  Sec. 4   This act takes effect if the proposed amendment to Article IV, section 3 of the state Constitution requiring the governor to fill vacancies in the supreme court in accordance with statute is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety.