FINAL BILL REPORT

SB 5205

                                   C 73 L 87

BYSenators Newhouse, Talmadge, Benitz and Deccio

Revising provisions relating to judges pro tempore.

Senate Committee on Judiciary

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

In order for a judge tempore to preside over a case in superior court, he or she must be agreed upon in writing by the parties or the attorneys for the parties.  It is suggested that when parties have previously agreed that a particular judge may hear a case, that judge should not be barred from continuing to hear the case as a judge pro tempore because he or she retires.  Concern exists that to require a substitution of judges would result in disruption of the trial process, delay and lengthening of the trial itself.

SUMMARY:

A superior court judge who retires while a case in which the judge has made discretionary rulings is pending, may continue to hear the pending case as a pro tempore judge without any written agreement of the parties or their attorneys of record.

This act, allowing retiring judges to hear pending cases, shall take effect January 1, 1988 if Washington State voters approve and ratify the proposed companion constitutional amendment to Article IV, Section 7 of the Washington State Constitution at the next general election.

VOTES ON FINAL PASSAGE:

      Senate    46     2

      House 95   2

EFFECTIVE:January 1, 1988

            (Pending approval of constitutional amendment by voters)