H-1413              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1373

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Wang, Padden, Dellwo and O'Brien; by request of Administrator for the Courts)

Read first time 2/3/89.

AN ACT Relating to mental health commissioners; adding new sections to chapter 71.05 RCW; and adding a new section to chapter 71.34 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 71.05 RCW to read as follows:

          (1) Except as provided in subsection (2) of this section, in class A counties and counties of the first through ninth classes, the superior court may appoint the following persons to assist the superior court in disposing of its business:

          (a) One or more competent persons to act as mental health commissioners; and

          (b) Such investigators, stenographers, and clerks as the court shall find necessary to carry on the work of the mental health commissioners.

          (2) The county legislative authority in counties of the third through ninth class, must approve the creation of any mental health commissioner positions.

          (3) The appointments provided for in this section shall be made by a majority vote of the judges of the superior court of the county and may be in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law.  Mental health commissioners and investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county legislative authority shall determine.  The appointments may be full or part-time positions.  A person appointed as a mental health commissioner may also be appointed to any other commissioner position authorized by law.

NEW SECTION. Sec. 2.  A new section is added to chapter 71.05 RCW to read as follows:

          The judges of the superior court of the county by majority vote may authorize mental health commissioners, appointed pursuant to section 1 of this act, to perform any or all of the following duties:

          (1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursuant to this chapter;

          (2) Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter;

          (3) For the purpose of this chapter, exercise all powers and perform all the duties of regular court commissioners;

          (4) Hold hearings in proceedings under this chapter and make written reports of all proceedings under this chapter which shall become a part of the record of superior court;

          (5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and

          (6) Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court.

NEW SECTION. Sec. 3.  A new section is added to chapter 71.34 RCW to read as follows:

          The judges of the superior court of the county by majority vote may authorize mental health commissioners, appointed pursuant to section 1 of this act, to perform any or all of the following duties:

          (1) Receive all applications, petitions, and proceedings filed in the superior court for the purpose of disposing of them pursuant to this chapter;

          (2) Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter;

          (3) For the purpose of this chapter, exercise all powers and perform all the duties of regular court commissioners;

          (4) Hold hearings in proceedings under this chapter and make written reports of all proceedings under this chapter which shall become a part of the record of superior court;

          (5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and

          (6) Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court.