FINAL BILL REPORT

SSB 5350

                              C 174 L 89

BYSenate Committee on Law & Justice (originally sponsored by Senators Newhouse, Talmadge and Madsen; by request of Administrator for the Courts)

Providing for appointment of mental health commissioners.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

The Washington State Constitution authorizes each county to appoint up to three court commissioners to perform the same duties as a judge.  The Legislature can create additional commissioner positions which are different from the position authorized in the Constitution.  The office is different if the duties and powers are limited.

At the present time mental health hearings are handled by superior court judges or commissioners.  Over the past five years, there has been a 40 percent increase in the number of mental health proceedings.  Several counties have been unable to meet the increased workload with their current judicial staff.  The Superior Court Judges' Association believes that mental health commissioners are needed as a result of the increased workload.

SUMMARY:

Superior courts are authorized to appoint mental health commissioners, investigators, and staff to assist the court in handling mental health cases.  Duties and powers of the mental health commissioner are specified.  The county legislative authority is required to approve the creation of the mental health commissioner positions.  The mental health commissioner must be an attorney.

The position may be full-time or part-time and the commissioner may be appointed to perform the duties of another limited court commissioner position, such as a family court commissioner position.

VOTES ON FINAL PASSAGE:

     Senate   48    0

     House 96  1 (House amended)

     Senate   40    0 (Senate concurred)

EFFECTIVE:July 23, 1989