BILL REQ. #:  S-2055.3 

Read first time 03/07/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to the number of judges on the state supreme court; adding a new section to chapter 2.04 RCW; creating new sections; repealing RCW 2.04.070; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that given the tremendous strains on the state budget, it is crucial to view all state operations in light of the state's paramount and constitutionally required duties. This is true for all state agencies under each of the coequal branches of government, including the judicial branch. The state Constitution in Article IV, section 2 provides that there shall be five supreme court judges. For over one hundred years, the legislature has seen fit by statute to add four additional justices to that august body.
     (2) Recent opinions by the Washington state supreme court have demonstrated that this legislative decision may be constitutionally problematic. First, the court has made it clear that the state legislature should be focused on prioritizing its budget according to constitutionally mandated duties, McCleary v. State, 173 Wn. 477, 269 P.3d 227 (2012). Given the nature of this mandate, the legislature finds that it can no longer justify the luxury of four additional supreme court justices. In addition, the Washington state supreme court has indicated that the legislature may exceed its authority when it adds to the minimum requirements provided in the plain language of the state Constitution, League of Education Voters v. Gregoire, Case No. 87425-5 (2013)(law requiring tax increases receive a two-thirds vote unconstitutional in light of plain constitutional language providing for a minimum voting requirement for passage of bills). With due deference to the doctrine of separation of powers and the Washington state supreme court as head of a coequal branch of government, the legislature finds that the state supreme court should return to the minimum number of judges provided for and enshrined in the state Constitution.

NEW SECTION.  Sec. 2   A new section is added to chapter 2.04 RCW to read as follows:
     On June 30, 2013, all existing judges of the state supreme court shall meet in public to cast lots by drawing straws. Effective July 1, 2013, the positions of the four judges casting losing lots by drawing the shortest straws shall be terminated and those judges shall not serve the remainder of their respective unexpired terms. Any savings accruing to the state as a result of the elimination of the positions and associated administrative expenses of the four judges casting losing lots shall be used to fund basic education.

NEW SECTION.  Sec. 3   Nothing in this act prohibits or constricts the right of the people to approve an increase to the number of judges on the supreme court by a constitutional amendment.

NEW SECTION.  Sec. 4   RCW 2.04.070 (Number of judges) and 1909 c 24 s 1 are each repealed.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2013.