SENATE BILL REPORT

SB 5002

BYSenators Talmadge, Metcalf and Halsan

Revising provisions relating to the commission on judicial conduct.

Senate Committee on Judiciary

Senate Hearing Date(s):January 20, 1987

Majority Report:  Do pass.

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

Senate Staff:Lidia Mori (786-7461)

                  January 27, 1987

AS PASSED SENATE, JANUARY 26, 1987

BACKGROUND:

In the 1980 general election, voters approved Article IV, Section 31 of the State Constitution, which established a new procedure for the discipline and involuntary retirement of state court judges.  The central feature of the amendment was the creation of a Judicial Qualifications Commission to process complaints against judges and to make recommendations to the Supreme Court for discipline or involuntary retirement.  That central feature is still intact; however, in November 1986, Washington voters passed an amendment to Article IV, Section 31, which expanded the membership of the Commission to nine, with four of the members being nonlawyers.  The purpose of this bill is to conform state law to the Washington State Constitution.

SUMMARY:

The name of the Judicial Qualifications Commission is changed to Commission on Judicial Conduct and court commissioners and magistrates are added to its jurisdiction.  The Commission is increased to nine members, with the addition of two nonlawyer members.  Proposed and adopted rules are submitted to the Washington State Register for publication.

Any fact-finding hearings conducted by the Commission, a subcommittee of the Commission, or a master appointed by the Commission are open to the public.  If a recommendation is adopted by the Commission that a judge or justice be removed, that person shall be suspended with salary until a final determination is made by the Supreme Court.  Due to the emergent nature of this act, it shall take effect immediately.

Fiscal Note:      none requested

Senate Committee - Testified: Esther Garner, State of Washington Judicial Qualifications Commission