SENATE BILL REPORT

SJR 8207

BYSenators Newhouse, Talmadge, Benitz and Deccio

Revising provisions relating to judges pro tempore.

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)

                  February 4, 1987

AS PASSED SENATE, FEBRUARY 4, 1987

BACKGROUND:

Currently, in order for a judge pro 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 proposed that Article IV, Section 7 of the Washington State Constitution be amended such that when parties have previously agreed that a particular judge may hear an ongoing case, that judge should not be barred from continuing to hear the case as a judge pro tempore simply 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 during a pending case in which the judge has made discretionary rulings, may continue to hear the pending case as a pro tempore judge without the written agreement of the parties or their attorneys of record.

This proposed constitutional amendment, allowing retiring judges to hear pending cases, is to be submitted to Washington State voters for their approval and ratification, or rejection, at the next general election.

Fiscal Note:      requested

Senate Committee - Testified: John Fattorini, Washington State Bar Association