HOUSE BILL REPORT

HB 1400

As Amended by the Senate

BYRepresentative R. Meyers 

Establishing family court commissioners in third through ninth class counties.

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:Pat Shelledy (786-7149)

AS PASSED HOUSE FEBRUARY 8, 1989

BACKGROUND:

In 1949, the legislature created family court commissioner positions in class A counties and counties of the third through ninth classes.  The law allows the superior court judges to appoint family court commissioners to assist the family court with its volume.  The commissioners' powers are limited. The county commissioners must approve the appointment of the family court commissioner positions in counties of the third through ninth classes.  The statute does not address whether the commissioners can be full or part time.  The statute does not address whether a family court commissioner could also be a commissioner created under another statute.

In 1983, the constitutionality of the commissioner positions withstood constitutional attack in Ordell v. Gaddis, 99 Wn.2d 409 (1983).  The plaintiffs claimed that the positions violated the constitutional limitation of appointment of three commissioners per county.  The statute was upheld because the family court commissioners have restricted powers.

SUMMARY:

This bill does not change the substance of the statute.  A technical amendment changes the term "county commissioners" to "county legislative authority."  The bill explicitly states that the positions may be full or part time and that a family court commissioner could also hold another limited court commissioner position.  This bill amends the statute in anticipation of the passage of HB 1373 which creates mental health commissioner positions. If that bill becomes law, a person could be a family court commissioner and a mental health commissioner.

EFFECT OF SENATE AMENDMENTS:  Commissioners must be attorneys rather than "competent persons."  The county legislative authority must approve the creation of commissioner positions in all counties, not just counties in the third through ninth classes.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 91; Absent 5; Excused 2

Absent:     Representatives Baugher, Brekke, P. King, Rector and Todd

Excused:    Representatives Hargrove and Jesernig