HOUSE BILL REPORT

SSB 6165

BYSenate Committee on Law & Justice (originally sponsored by Senators Newhouse, Warnke and Rasmussen)

Changing provisions relating to pro tempore service by retired judges.

House Committe on Judiciary

Majority Report:  Do pass.  (18)

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

House Staff:Rob Lopez (786-7392)

                  Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1990

BACKGROUND:

Retired judges who subscribe to the Judicial Retirement System or Public Employees' Retirement System II are not eligible to receive their pension benefits while they are performing service for any nonfederal public employer in the state.  The retirees may, however, perform as judges pro tempore of a court of record for up to 90 days per year without losing any of their pension benefits.

Problems arise when a retired judge performing pro tempore service is assigned a case involving complex issues, such that the judge may not be able to complete the case within 90 days.  Also, congestion in many state courts makes it desirable to use judges pro tempore for more than 90 days per year.

Currently, judges appointed to serve pro tempore on the court of appeals may serve no more than 90 days in any one year.

SUMMARY:

Judges currently retired, as well as those retiring in the future, may serve as judges pro tempore of a court of record for any length of time without losing any of their pension benefits.

The 90 day service limit for judges appointed to serve pro tempore on the court of appeals is abolished.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Walter A. Stauffacher, Retired Superior Court Judge.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    Current law was designed to prevent "double-dipping" by retired state employees.  But the law unfairly penalizes retired judges who serve as judges pro tempore.  First, the effect of current law is that retired judges who serve as judges pro tempore earn 20 - 40 percent less than attorneys who serve in the same capacity.  And second, the 90 day period in which retired judges can serve as judges pro tempore without losing retirement benefits is too short.  Complex litigation sometimes goes beyond the 90 day limit, and congested courts make it desirable to have retired judges serve for longer than 90 days per year.

House Committee - Testimony Against:      None.