H-383                _______________________________________________

                                                    HOUSE BILL NO. 507

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Dellwo, Armstrong, Padden, Meyers, Niemi, Appelwick, Jesernig, P. King, Winsley and Miller

Read first time 1/30/87 and referred to Committee on Judiciary.

AN ACT Relating to judges pro tempore; amending RCW 2.08.180; and providing a contingent effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 11, page 343, Laws of 1890 as last amended by section 6, chapter 81, Laws of 1971 and RCW 2.08.180 are each amended to read as follows:

(1) A case in the superior court of any county may be tried by a judge pro tempore, who must be a member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court, and sworn to try the case; and his action in the trial of such cause shall have the same effect as if he were a judge of such court:  PROVIDED, That a retired superior court judge may, without the agreement of the parties, preside as a judge pro tempore in any case not completed at the time of the judge's retirement in which the judge made discretionary rulings.

(2) A judge pro tempore shall, before entering upon his duties in any cause, take and subscribe the following oath or affirmation:

          "I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore in the cause wherein .......... is plaintiff and .......... defendant, according to the best of my ability."

(3) A judge pro tempore who is a practicing attorney and who is not a retired justice of the supreme court or judge of a superior court of the state of Washington, or who is not an active judge of an inferior court of the state of Washington, shall receive a compensation of one-two hundred and fiftieth of the annual salary of a superior court judge for each day engaged in said trial, to be paid in the same manner as the salary of the superior judge.  A judge who is an active judge of an inferior court of the state of Washington shall receive no compensation as judge pro tempore.  A justice or judge who has retired from the supreme court, court of appeals, or superior court of the state of Washington shall receive compensation as judge pro tempore in the amount of sixty percent of the amount payable to a judge pro tempore under this section.

NEW SECTION. Sec. 2.     This act shall take effect January 1, 1988, if the proposed amendment to Article IV, section 7 of the state Constitution allowing retired superior court judges to serve as judges pro tempore in certain cases, HJR __ (H-1264/87), is validly submitted to and is approved and ratified by the voters at a general election held in November 1987.  If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety.