BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV, section 31 of the Constitution of the state of Washington to read as follows:

Article IV, section 31. (a) There shall be a commission on judicial conduct consisting of a judge selected by and from the court of appeals judges, a judge selected by and from the superior court judges, a judge selected by and from the district court judges, ((~~two~~)) one person((s)) admitted to the practice of law in this state selected by the state bar association, and ((~~four~~)) five persons who are not attorneys appointed by the governor ((~~and confirmed~~)). All members shall be subject to confirmation by the senate.

The legislature shall provide for the commissioners' terms of office and compensation. The commission shall for all purposes be considered an agency of state government and shall not be considered an agency of the judicial branch of government.

(b) Complaints against a judge or justice for violating a rule of judicial conduct or complaints that a judge or justice should be retired for a disability which is permanent, or is likely to become permanent, and which seriously interferes with the performance of judicial duties shall be filed with the commission. Whenever the commission receives a complaint against a judge or justice, it shall first conduct initial proceedings for the purpose of determining whether sufficient reason exists to believe that the allegation in the complaint may be true and if proven would result in disciplinary action or retirement. These initial proceedings shall be confidential, unless confidentiality is waived in writing by the judge or justice, and when confidentiality is waived, then all pleadings, papers, evidence records, and files on the case compiled or obtained during the course of the proceedings shall be open to the public. The commission may by rule provide for confidentiality of the identity of persons filing complaints and of persons giving information to the commission.

If the commission determines that the public interest in maintaining confidence in the judiciary and the integrity of the administration of justice so require, the commission may order that some or all aspects of the initial proceeding and some or all of the relevant materials be reported or disclosed to the public. The judge or justice shall be given notice and an opportunity to be heard on the issue before the commission reports or discloses any information.

Upon completion of the initial proceedings, the commission shall either: Conduct a public hearing if it determines that sufficient reason exists to believe that the allegation in the complaint may be true and if proven would result in disciplinary action or retirement; or dismiss the complaint for insufficient grounds. All hearings subsequent to the initial proceedings conducted by the commission shall be open to members of the public.

Upon the completion of the commission's public hearings, the commission may only: (1) Dismiss the complaint; (2) discipline the judge or justice by admonishing, reprimanding, or censuring him or her or recommending to the supreme court that the judge or justice be suspended or removed; or (3) recommend to the supreme court that the judge or justice be retired. These shall be the only actions available to the commission. The legislature shall have the authority to define the meaning of the terms admonish, reprimand, censure, suspend, retire, or remove. A judge or justice may only appeal a disciplinary action of the commission which admonishes, reprimands, or censures the judge or justice and such appeal shall be by direct review to the supreme court.

All actions to admonish, reprimand, or censure, and all recommendations to the supreme court to suspend, remove, or retire a judge or justice, shall immediately be made public.

If a judge or justice has been previously retired by the supreme court or subject to any disciplinary action by the commission or the supreme court, the nature of such actions must be made a part of the record of any initial proceedings or any subsequent public hearings.

Upon conclusion of any proceedings or hearings, the commission shall promptly notify the complainant in writing of its final disposition of the complaint.

Whenever the commission adopts a recommendation that a judge or justice be removed, the judge or justice shall be suspended immediately, with salary, from his or her judicial position upon filing of the recommendation with the supreme court and until a final determination is made by the supreme court.

Whenever the commission adopts a recommendation of suspension or removal of a judge or justice, the commission shall concurrently file a report to both houses of the legislature and request that the house of representatives consider the possibility of impeachment of the judge or justice under Article V of this Constitution or removal under Article IV, section 9 of this Constitution.

(c) Upon a recommendation by the commission, the supreme court may ((~~censure,~~)) suspend((,)) or remove a judge or justice for violating a rule of judicial conduct and may retire a judge or justice for disability which is permanent or is likely to become permanent and which seriously interferes with the performance of judicial duties.

The supreme court may not suspend, remove, or retire a judge or justice until the court conducts a hearing, after notice to the judge or justice, to review commission proceedings and hearings and the findings against a judge or justice. The office of a judge or justice retired or removed by the supreme court becomes vacant, and that person is ineligible for judicial office until eligibility is reinstated by the supreme court. The salary of a ((~~removed~~)) judge or justice removed from office shall cease. The supreme court shall specify the effect upon salary when disciplinary action other than removal is taken. ((The supreme court may not discipline or retire a judge or justice until the commission on judicial conduct recommends after notice and hearing that action be taken and the supreme court conducts a hearing, after notice, to review commission proceedings and findings against a judge or justice.

Whenever the commission receives a complaint against a judge or justice, it shall first conduct proceedings for the purpose of determining whether sufficient reason exists for conducting a hearing or hearings to deal with the accusations. These initial proceedings shall be confidential, unless confidentiality is waived by the judge or justice, but all subsequent hearings conducted by the commission shall be open to members of the public.

Whenever the commission adopts a recommendation that a judge or justice be removed, the judge or justice shall be suspended immediately, with salary, from his or her judicial position until a final determination is made by the supreme court.))

The retirement of a judge or justice by the supreme court pursuant to this section shall not restrict or diminish the authority of the legislature to retire a judge or justice pursuant to Article IV, section 3 (a) of this Constitution.

(d) ((~~The legislature shall provide for commissioners' terms of office and compensation.~~)) The commission shall establish rules ((~~of procedure~~)) for commission proceedings including due process ((~~and~~)), confidentiality ((~~of proceedings~~)), and waiver of confidentiality, with due regard for the privacy interests of judges, justices, persons filing complaints with the commission, and persons giving information to the commission. These rules may be superseded by statute.

BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.