S-2201               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5350

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 2/27/89.

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:

          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:  PROVIDED, That such positions may not be created without prior consent of the county commissioners:

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

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

          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 commissioners shall determine.

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 a  court commissioner appointed pursuant to RCW 2.24.010;

          (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;

          (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; and

          (7) Perform the duties of a family law commissioner, as specified in RCW 26.12.060.

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 a court commissioner appointed pursuant to RCW 2.24.010;

          (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;

          (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; and

          (7) Perform the duties of a family law commissioner, as specified in RCW 26.12.060.

NEW SECTION. Sec. 4.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.