SENATE BILL REPORT

SB 5001

BYSenators Talmadge and Halsan

Revising the judicial council.

Senate Committee on Judiciary

Senate Hearing Date(s):January 21, 1987; January 28, 1987

Majority Report:  That Substitute Senate Bill No. 5001 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  January 28, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, JANUARY 28, 1987

BACKGROUND:

A main function of the Judicial Council is to coordinate the Judiciary, the Legislature and the Bar Association with regards to administrative issues.  Some of its duties include reporting annually to the Governor and the Legislature with recommendations from the Council as to organizational changes in the judicial department, the courts or in judicial procedure.

It has been suggested that the efficacy of the Judicial Council has been diminished due in part to its cumbersome size.

SUMMARY:

The composition of the Judicial Council is lowered from 37 members to 13 members.  The duties of the Judicial Council are modified to include reviewing suggestions from judges, lawyers, public officials and the public with regards to amending current law.  In reviewing the recommendations, the Judicial Council is charged with examining the common law and statutes of the state, relevant judicial decisions and with proposing changes in current law.  The Judicial Council may propose changes in current law after consideration of the suggestions. 

EFFECT OF PROPOSED SUBSTITUTE:

The number of members of the Judicial Council is decreased to 12.  Staff from the Committees on Judiciary of the Senate and House of Representatives will be available to assist the Council as well as the Administrator for the Courts.

The duties of the Judicial Council are clarified such that it will receive recommendations from justices, judges, public officials, lawyers and the public to amend current law as to those amendments which affect the administration of justice.  Similarly, such recommendations will be considered and changes will be proposed in current law as the changes affect the administration of justice.

Fiscal Note:      available

Senate Committee - Testified: Justice Vernon Pearson