SENATE BILL REPORT

SB 5016

BYSenators Newhouse, Talmadge, Halsan and West; by request of Statute Law Committee

Revising terminology resulting from the Rules of Appellate Procedure.

Senate Committee on Judiciary

Senate Hearing Date(s):January 13, 1987

Majority Report:  Do pass.

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

Senate Staff:Jon Carlson (786-7459)

                  March 1, 1988

AS PASSED SENATE, FEBRUARY 3, 1988

BACKGROUND:

There are a number of statutory provisions which purport to govern all or part of the procedures for seeking review of a judicial proceeding.  Virtually all of these statutes were enacted prior to 1976, the year the Supreme Court adopted the Rules of Appellate Procedure.

Statutes generally use the term "appeal" as a generic term to describe the process by which appellate review may be obtained, both as a matter of right and in the discretion of the reviewing court. Under Rule of Appellate Procedure 2.1, however, the word "appeal" is only used in situations where review is accorded as a matter of right.  The term "review," on the other hand, covers both appeals and review by permission of the reviewing court, also known as "discretionary review."  The statute's use of the term "appeal" in the generic sense to describe all forms of appellate review is therefore technically inaccurate and may lead to an inaccurate conclusion as to the extent of a party's right to seek review of a particular decision.

SUMMARY:

Statutes explicitly superseded by the Rules of Appellate Procedure are repealed.  Terminology and substantive provisions in other statutes are conformed to the language and provisions of the Rules of Appellate Procedure.

The most common change deletes from the RCW phrases such as "appeals may be taken" and substitutes language such as "appellate review may be sought."  References to "appeal" are repealed and the term "appellate review" is substituted.

Fiscal Note:      none requested

Senate Committee - Testified: Kris Backus, District Court Judges Association

HOUSE AMENDMENT:

This bill was introduced during the 1987 session but failed to clear both houses of the Legislature.  However, several other changes pertaining to appellate procedure were amended during the 1987 session.  The House amendment conforms the 1987 amended statutes on appellate procedure with the terminology used throughout the bill.

This amendment thus updates the bill to include the changes made in 1987.