HOUSE BILL REPORT

ESSB 5001

As Amended by the House

BYSenate Committee on Judiciary (originally sponsored by Senators Talmadge and Halsan)

Revising the judicial council.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (10)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Heavey, P. King, Moyer, Padden, Schmidt, Scott and Wang.

Minority Report:  Do not pass.  (5)

      Signed by Representatives Brough, Hargrove, Lewis, Locke and Patrick.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE APRIL 16, 1987

BACKGROUND:

The Judicial Council was established in 1925.  The Judicial Council is chaired by the Chief Justice of the Supreme Court.  The state law librarian is the council's recording secretary.  Additional members include two representatives from each level of the court system, eight members of the legislature, eight attorneys, the deans of the state's three law schools, the attorney general, and a county clerk.  The Judicial Council is directed to: review the operation of the judicial system; take comments and suggestions on the operation of the courts from lawyers, judges and members of the public; devise methods for simplifying judicial procedure; submit recommended changes in procedures to the court; and reporting annually to the legislature and the governor.

The Judicial Council has authority to hire its own staff. Meetings are required to be held at least once each year.

Judges and all other state, county, and municipal officers are directed to respond to Judicial Council requests for information.  The council is authorized to hold public hearings and issue subpoenas.  Members of the Judicial Council are reimbursed for their travel expenses.

Since 1982, the Judicial Council has not been funded and has not conducted any business.

SUMMARY:

The membership of the Judicial Council is decreased.  Only one judge, instead of two, from each level of court is a member of the council.  The number of legislators and the number of attorneys is decreased from eight to four for each group.  The county clerk is not included in the membership.  The state law librarian's duties as recording secretary are eliminated.

The duties of the Judicial Council are restated.  In considering the recommendations from the judiciary, the bar, and the public, the Judicial Council will examine the common law and statutes of the state and relevant judicial decisions.  Changes in current law may be proposed by the Judicial Council as the changes affect the administration of justice.

The Judicial Council may report to the legislature and the governor when necessary, rather than annually.

The administrator for the courts is directed to make staff available to the Judicial Council to enable the council to carry out its duties.

The authority of the Judicial Council to require reports from state and local officials and to subpoena witnesses is repealed.  The authority of the Judicial Council to reimburse members for travel expenses is also repealed.

Fiscal Note:      Requested April 2, 1987.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.