HOUSE BILL REPORT

HB 1001

BYRepresentatives P. King and Patrick

Clarifying language relating to writs of certiorari.

House Committe on Judiciary

Majority Report:  Do pass.  (19)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, Tate, Van Luven and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE JANUARY 30, 1989

BACKGROUND:

A writ of certiorari is a way of asking a court to review the action of some governmental entity.  A writ of certiorari may be used when a court or agency has exceeded its jurisdiction.  The state's statute on the use of the writ of certiorari was enacted in 1895 and contains some very archaic and confusing language.  In particular, the provision purporting to set the standard of proof of factual questions on review is grammatically convoluted and nearly unintelligible.

The apparent standard regarding the burden of factual proof is whether there was substantial evidence to support the decision being reviewed.

SUMMARY:

The statute on writs of certiorari is amended to provide an explicit statement that the review of factual determinations is based on a substantial evidence standard.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Lynn Squires, Washington Law Revision Commission.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill clarifies the standard of review for writs of certiorari.

House Committee - Testimony Against:      None Presented.