WSR 00-03-019

RULES OF COURT

STATE SUPREME COURT


[ January 6, 2000 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO BJAR 1 AND 2 AND NEW BJAR 3, 4, AND 5 )

)

)

ORDER

NO. 25700-A-676


The Board for Judicial Administration having recommended the adoption of the proposed amendments to BJAR 1 and 2 and New BJAR 3, 4, and 5, and the Court having determined that the proposed amendments and new rules will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments and new rules as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments and new rules will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 6th day of January, 2000.
Guy, C. J.


Smith, J.


Johnson, J.


Madsen, J.


Sanders, J.


Talmadge, J.


Ireland, J.


Alexander, J.


Bridge, J.



BOARD FOR JUDICIAL ADMINISTRATION

RULES (BJAR) (12/29/99)


PREAMBLE



The power of the judiciary to make administrative policy governing its operations is an essential element of its constitutional status as an equal branch of government. The Board for Judicial Administration is established to adopt policies and provide strategic leadership for the courts at large, enabling the judiciary to speak with one voice.


Rule 1. BOARD FOR JUDICIAL ADMINISTRATION

It is the intent of the Supreme Court that a Board for Judicial Administration be designated to develop statewide policy to enhance the administration of the court system in the State of Washington by providing a representative means by which the judiciary can address matters that affect the administration of the courts at the state and local levels.

The Board for Judicial Administration is created to provide effective leadership to the state courts and to develop policy to enhance the administration of the court system in Washington State. Judges serving on the Board for Judicial Administration shall pursue the best interests of the judiciary at large.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Rule 2. COMPOSITION

(a) Membership. The Board for Judicial Administration shall be representative of the judicial branch of government of the state of Washington and its consist of judges from all levels of court selected for their demonstrated interest in and commitment to judicial administration and court improvement. The Board shall consist of the Chief Justice and Acting Chief Justice of the Supreme Court; three Court of Appeals judges, one from each Division, to include the Presiding Chief Judge and two Chief Judges; five members from the appellate courts (two from the Supreme Court, one of whom shall be the Chief Justice, and one from each division of the Court of Appeals), three judges designated by the Superior Court Judges' Association; five members from the superior courts, one of whom shall be the President of the Superior Court Judges' Association, and three judges designated by the District and Municipal Court Judges' Association five members of the courts of limited jurisdiction, one of whom shall be the President of the District and Municipal Court Judges' Association, two members of the Washington State Bar Association (non-voting) and the Administrator for the Courts (non-voting).

(b) Nonvoting Representatives. In addition the board shall have the following nonvoting representatives: two members of the Washington State Bar Association appointed by the Board of Governors. Selection - Members shall be selected based upon a process established by their respective associations or court level which considers demonstrated commitment to improving the courts, racial and gender diversity as well as geographic and caseload differences.

(c) Terms of Office. The Superior Court and District and Municipal Court representatives shall serve staggered 3-year terms. The terms of all other members shall be commensurate with the term of the officers designated in section (a). Nonvoting representatives shall serve 2-year terms. (1) Of the members first appointed, one justice of the Supreme Court shall be appointed for a two-year term; one judge from each of the other levels of court for a four-year term; one judge from each of the other levels of court and one Washington State Bar Association member for a three-year term; one judge from the other levels of court and one Washington State Bar Association for a two-year term; and one judge from each level of trial court for a one-year term. Thereafter, voting members shall serve four-year terms and the Washington State Bar Association members for three year terms commencing annually on June 1. The Chief Justice, the President Judges and the Administrator for the Courts shall serve during tenure.

(2) Members serving on the BJA shall be granted equivalent pro tempore time.

(d) Operation.

(1) The Chief Justice of the Supreme Court shall be the chair of the board.

(2) The vice-chair shall be elected annually from among the voting members representing the other levels of the judiciary.

(3) Meetings of the board shall be held quarterly, or more often as needed, at the direction of the chair, or at the request of any two members. The board and the Court Management Council shall meet jointly twice a year.

(4) Ad hoc and standing committees and task forces may be appointed for the purpose of facilitating the work of the board, conducting special studies and making recommendations to the Board for Judicial Administration. Such committees and task forces may include persons who are not members of the judiciary or of the board such as lay persons, trial court clerks and administrators.

(5) The Board for Judicial Administration will speak on behalf of the judicial branch of government on those matters which it has unanimously approved and may state the position of the various levels of the court on matters where there is a diversity of opinion.

(e) Scope. The Board for Judicial Administration does not replace or restrict the activities of the existing judicial associations or courts. This rule shall not be construed as extending the Supreme Court's control over the courts.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Rule 3. OPERATION

(a) Leadership. The Board for Judicial Administration shall be chaired by the Chief Justice of the Washington Supreme Court in conjunction with a Member Chair who shall be elected by the Board. The duties of the Chief Justice Chair and the Member Chair shall be clearly articulated in the by-laws. The Member Chair shall serve as chair of the Long-range Planning Committee. Meetings of the Board may be convened by either chair and held at least bi-monthly. Any Board member may submit issues for the meeting agenda.

(b) Committees. Ad hoc and standing committees may be appointed for the purpose of facilitating the work of the Board. Non-judicial committee members shall participate in non-voting advisory capacity only.

(1) The Board shall appoint at least three standing committees: Long-range Planning, Core Missions/Best Practices and Legislative. Other committees may be convened as determined by the Board.

(2) The Chief Justice and the Member Chair shall nominate for the Board's approval the chairs and members of the committees. Committee membership may include citizens, experts from the private sector, members of the legal community, legislators, clerks and court administrators.

(c) Voting. All decisions of the Board shall be made by majority vote of those present and voting provided there is one affirmative vote from each level of court. Eight voting members will constitute a quorum provided at least one judge from each level of court is present. Telephonic or electronic attendance shall be permitted but no member shall be allowed to cast a vote by proxy.

Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

Rule 4. DUTIES

(a) The Board shall establish a long-range plan for the judiciary;

(b) The Board shall continually review the core missions and best practices of the courts;

(c) The Board shall develop a funding strategy for the judiciary consistent with the long-range plan and RCW 43.135.060;

(d) The Board shall assess the adequacy of resources necessary for the operation of an independent judiciary;

(e) The Board shall speak on behalf of the judicial branch of government and develop statewide policy to enhance the operation of the state court system;

(f) The Board shall have the authority to conduct research or create study groups for the purpose of improving the courts.

Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

Rule 35. STAFF

Staff for the Board for Judicial Administration shall be provided by the Administrator for the Courts.

Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office