H-2264              _______________________________________________

 

                                          SUBSTITUTE HOUSE BILL NO. 1735

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representatives Appelwick, Locke, Wineberry, Anderson, Miller, Crane and May; by request of Administrator for the Courts)

 

 

Read first time 3/6/89.

 

 


AN ACT Relating to superior court judges; amending RCW 2.08.061, 2.32.180, 2.28.140, and 26.04.050; creating a new section; and providing an effective date.

 

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

 

        Sec. 1.  Section 3, chapter 125, Laws of 1951 as last amended by section 1, chapter 323, Laws of 1987 and RCW 2.08.061 are each amended to read as follows:

          There shall be in the county of King no more than ((forty-six)) fifty-two judges of the superior court; in the county of Spokane  ten judges of the superior court; and in the county of Pierce fifteen judges of the superior court.

 

          NEW SECTION.  Sec. 2.     The additional judicial positions in King county created by section 1 of this act and by section 1, chapter 323, Laws of 1987 shall be effective only if the county through its duly constituted legislative authority documents its approval of any additional positions and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of such additional judicial positions as provided by statute.  The additional expenses include, but are not limited to, expenses incurred for court facilities.  The legislative authority of the county may in its discretion phase in the additional judicial positions over a period of time not to extend beyond January 1, 1991.

 

        Sec. 3.  Section 1, chapter 126, Laws of 1913 as last amended by section 3, chapter 66, Laws of 1988 and RCW 2.32.180 are each amended to read as follows:

          It shall be and is the duty of each and every superior court judge in counties or judicial districts in the state of Washington having a population of over thirty-five thousand inhabitants to appoint, or said judge may, in any county or judicial district having a population of over twenty-five thousand and less than thirty-five thousand, appoint a stenographic reporter to be attached to the court holden by him who shall have had at least three years' experience as a skilled, practical reporter, or who upon examination shall be able to report and transcribe accurately one hundred and seventy-five words per minute of the judge's charge or two hundred words per minute of testimony each for five consecutive minutes; said test of proficiency, in event of inability to meet qualifications as to length of time of experience, to be given by an examining committee composed of one judge of the superior court and two official reporters of the superior court of the state of Washington, appointed by the president judge of the superior court judges association of the state of Washington:  PROVIDED, That a stenographic reporter shall not be required to be appointed for the seven additional judges of the superior court authorized for appointment by section 1, chapter 323, Laws of 1987 ((or)), the additional superior court judge authorized by section 1, chapter 66, Laws of 1988, or the additional superior court judges authorized by section 1 of this act.  The initial judicial appointee shall serve for a period of six years; the two initial reporter appointees shall serve for a period of four years and two years, respectively, from September 1, 1957; thereafter on expiration of the first terms of service, each newly appointed member of said examining committee to serve for a period of six years.  In the event of death or inability of a member to serve, the president judge shall appoint a reporter or judge, as the case may be, to serve for the balance of the unexpired term of the member whose inability to serve caused such vacancy.  The examining committee shall grant certificates to qualified applicants.  Administrative and procedural rules and regulations shall be promulgated by said examining committee, subject to approval by the said president judge.

          The stenographic reporter upon appointment shall thereupon become an officer of the court and shall be designated and known as the official reporter for the court or judicial district for which he is appointed:  PROVIDED, That in no event shall there be appointed more official reporters in any one county or judicial district than there are superior court judges in such county or judicial district; the appointments in each class AA county shall be made by the majority vote of the judges in said county acting en banc; the appointments in class A counties and counties of the first class may be made by each individual judge therein or by the judges in said county acting en banc.  Each official reporter so appointed shall hold office during the term of office of the judge or judges appointing him, but may be removed for incompetency, misconduct or neglect of duty, and before entering upon the discharge of his duties shall take an oath to perform faithfully the duties of his office, and file a bond in the sum of two thousand dollars for the faithful discharge of his duties.  Such reporter in each court is hereby declared to be a necessary part of the judicial system of the state of Washington.

 

        Sec. 4.  Section 11, chapter 54, Laws of 1891 as amended by section 14, chapter 38, Laws of 1955 and RCW 2.28.140 are each amended to read as follows:

          If the proper authority neglects to provide any superior court with rooms, furniture, fuel, lights and stationery suitable and sufficient for the transaction of its business and for the jury attending upon it, if there be one, the court may order the sheriff to do so, at the place within the county designated by law for holding such court; and the expense incurred by the sheriff in carrying such order into effect, when ascertained and ordered to be paid by the court, is a charge upon the county.  No county shall be required, however, to provide each superior court judge with an individual courtroom for the transaction of daily business.

 

          NEW SECTION.  Sec. 5.     Sections 1 through 4 of this act shall take effect January 1, 1990.

 

        Sec. 6.  Section 4, page 404, Laws of 1854 as last amended by section 1, chapter 291, Laws of 1987 and RCW 26.04.050 are each amended to read as follows:

          The following named officers and persons, active or retired, are hereby authorized to solemnize marriages, to wit:  Justices of the supreme court, judges of the court of appeals, judges of the superior courts, superior court commissioners, any regularly licensed or ordained minister or any priest of any church or religious denomination, and judges of courts of limited jurisdiction as defined in RCW 3.02.010.  Solemnizing marriages is part of the regular duties of superior court judges, and such judicial officers shall not be granted or accept compensation beyond their regular salaries for solemnizing marriages at their place of employment on public property.