SENATE BILL REPORT

SB 5089

BYSenators Newhouse, Talmadge and Pullen

Changing provisions relating to transferring cases between superior courts.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 23, 1989; January 24, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                  February 13, 1989

AS PASSED SENATE, FEBRUARY 10, 1989

BACKGROUND:

When a judge of a single judge superior court district has been affidavited for prejudice, provision is made for visiting judges to hear or try any action or proceeding.  The responsibility for obtaining a visiting judge in these cases is vested with the Supreme Court or the Administrator for the Courts.

In cases involving a change of venue from a single judge district, the Chief Justice of the Supreme Court is authorized to determine whether to send a case for trial to another court.

SUMMARY:

A single judge superior court district in need of a visiting judge is authorized to make arrangements directly with a superior court designated by the Chief Justice of the Supreme Court.

In cases involving a change of venue, the presiding judge in single judge districts is authorized to determine whether to send a case for trial to another court.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 20, 1989

Senate Committee - Testified: Herbert Wieland, Superior Court Judges Association (pro)