SENATE BILL REPORT

SB 6165

BYSenators Newhouse, Warnke and Rasmussen

Changing provisions relating to pro tempore service by retired judges.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 17, 1990; January 18, 1990

Majority Report:  That Substitute Senate Bill No. 6165 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Dick Armstrong (786-7460)

                  January 18, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 18, 1990

BACKGROUND:

Judges who are members of the Judicial Retirement System or the PERS II Retirement System are subject to some post-retirement restrictions on future employment.  The judges are not eligible to receive their pension benefits if they are employed by any nonfederal public employer in the state.  However, the judges can perform up to 90 days of pro tempore service per year and not lose any of their pension benefits. 

If a retired judge who does pro tempore service is assigned a case involving complex litigation issues, the judge may not be able to complete the case within 90 days.  Additionally, some courts in the state are experiencing significant court congestion and it would be beneficial for the courts to use retired judges to perform pro tempore service for more than 90 days a year.

SUMMARY:

Judges who are retired, or who may retire in the future, are authorized to perform unlimited pro tempore service without having their pension benefits reduced.  The existing 90 days maximum for pro tempore service per year is removed. 

EFFECT OF PROPOSED SUBSTITUTE:

Technical changes are made.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 12, 1990

Senate Committee - Testified: Judge Stauffacher, Retired Judges Association (pro); Mike Redman, Washington Association of Prosecuting Attorneys (pro); Charles Langen, Office of the State Actuary