SENATE BILL REPORT

HB 1400

BYRepresentative R. Meyers 

Establishing family court commissioners in third through ninth class counties.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 20, 1989; March 21, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Rasmussen, Rinehart, Talmadge.

Senate Staff:Richard Rodger (786-7461)

                  March 21, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 21, 1989

BACKGROUND:

In 1949, the Legislature created family court commissioner positions in class A counties and counties of the first 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:

The substance of the statute is not changed.  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.  The statute is amended in anticipation of the passage of SSB 5350 which creates mental health commissioner positions.  If that bill becomes law, a person could be a family court commissioner and a mental health commissioner.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

SUMMARY OF PROPOSED SENATE AMENDMENTS:

Family court commissioners must be attorneys.  Each county legislative authority must approve the creation of the family court commissioner position.

Senate Committee - Testified: No one