HOUSE BILL REPORT

ESSB 5186

As Amended by the House

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, McCaslin, Nelson, Thorsness and Rasmussen)

Changing provisions relating to the commission on judicial conduct.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (14)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Hargrove, P. King, Moyer, H. Myers, Patrick, Scott, D. Sommers, Tate and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative Inslee.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE APRIL 11, 1989

BACKGROUND:

Upon the passage of a constitutional amendment in 1980 which created a commission on judicial qualifications, enabling legislation was enacted.  That legislation restated many of the constitutional provisions, including commission membership and Senate confirmation of lay members.

The implementing statute also covered such matters as length of commissioners' terms, staggering of terms, reappointment of commissioners, removal of commissioners, reimbursement for travel expenses, employment of staff and other matters pertaining to the commission's day-to-day functioning.  The statute also gave the commission subpoena power and civil and criminal immunity for official acts.  The commission was exempted from the administrative procedure act except with respect to procedures governing the proposal and adoption of rules.  The commission was also exempted from the public disclosure act with respect to all pleadings, papers, evidence, complaints and files of the commission.

In 1986 the voters approved an amendment to the constitutional provision that had created the commission. The following year the legislature passed amendments to the commission's enabling statute as well.

The scope of the commission's authority was explicitly extended to court commissioners and magistrates.  The commission's general exemption from the administrative procedure act was repealed, and the commission was directed to submit proposed and adopted rules for publication in the state register.  Explicit authority was given for a judge who is under investigation to waive confidentiality of the fact that a complaint is being investigated.  A provision was added to require that a judge be suspended (with salary) from his or her office pending action by the supreme court whenever the commission has recommended the judge be removed from office.

SUMMARY:

The statutory provisions relating to the commission on judicial conduct are amended in accordance with the proposed constitutional amendment, ESSJR 8202.

The specific forms of discipline authorized by the constitutional amendment are defined.  An "admonishment" is a warning to a judge not to engage in certain behavior, and may include a requirement for corrective action.  A "reprimand" requires a judge to appear before the commission personally and requires the judge to follow a specified corrective course of action as discipline for a minor violation of the code of judicial conduct.  A "censure" is the same as a reprimand but is given in response to a violation of the code which detrimentally affects the integrity of the judiciary and undermines public confidence in the administration of justice.  A "suspension" is a temporary relief of judicial duties for a violation of the code that seriously impairs the integrity of the judiciary and substantially undermines the public confidence in the administration of justice.  A "removal" is a permanent relief of judicial duties.

The commission is given express authority to use personal service contracts to hire persons to conduct initial investigative proceedings.  The commission is also given authority to investigate conduct that may have occurred before the creation of the commission when that conduct relates to a complaint received about a judge.

Express references are provided to the administrative procedures act, the public disclosure act and the open meetings act in accordance with the proposed constitutional provision making the commission subject to laws of general applicability with regard to all of its activities except confidential initial investigations and proceedings.  Persons who violate commission rules on confidentiality may be held in contempt of court.

The requirement of Senate confirmation of lay members of the commission is removed.

Fiscal Note:      Requested March 29, 1989.

House Committee ‑ Testified For:    Prime sponsor; Gene Goosman (in part), Equal Justice for All.

House Committee - Testified Against:      William H. Gates, Commission on Washington Courts; Honorable Keith Callow, Board of Judicial Administration; Gene Goosman (in part); Joe Davis (in part); Ann Sandstrom (in part).

House Committee - Testimony For:    These statutory changes implement a needed constitutional amendment.  The bill provides a good balance between the need for an independent judiciary and the need for openness in government.

House Committee - Testimony Against:      The changes are unnecessary. All of the important changes have already been implemented through commission rule changes.

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1

Excused:    Representative Gallagher