CERTIFICATION OF ENROLLMENT

                   SUBSTITUTE HOUSE BILL 2295

                    Chapter 26, Laws of 1998

                        55th Legislature

                      1998 Regular Session

COURT OF APPEALS JUDICIAL POSITIONS--STAGGERING OF TERMS

                    EFFECTIVE DATE:  6/11/98

Passed by the House February 6, 1998  Yeas 93   Nays 0              CLYDE BALLARD Speaker of the       House of Representatives Passed by the Senate March 2, 1998   Yeas 45   Nays 0

CERTIFICATE I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2295  as passed by the House of Representatives and the Senate on the dates hereon set forth.

IRV NEWHOUSE President of the Senate

TIMOTHY A. MARTIN                           Chief Clerk

Approved March 12, 1998 Place Style On Codes above, and Style Off Codes below.

FILED                      March 12, 1998 - 4:03 p.m.

GARY LOCKE Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                    SUBSTITUTE HOUSE BILL 2295

          _______________________________________________

             Passed Legislature - 1998 Regular Session

State of Washington      55th Legislature     1998 Regular Session

By House Committee on Law & Justice (originally sponsored by Representatives Sheahan and Costa; by request of Court of Appeals)

Read first time 01/20/98.  Referred to Committee on .

Revising procedures for staggering of terms for new court of appeals positions. 

    AN ACT Relating to court of appeals judicial positions; and amending RCW 2.06.076.

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

    Sec. 1.  RCW 2.06.076 and 1993 c 420 s 2 are each amended to read as follows:

    (1) Any judicial position created by section 1, chapter 420, Laws of 1993 shall be effective only if that position is specifically funded and is referenced by division and district in an omnibus appropriations act.

    (2)(a) The full term of office for the judicial positions authorized pursuant to chapter 420, Laws of 1993 shall be six years.

    (b) The authorized judicial positions shall be filled at the general election in the November immediately preceding the beginning of the full term except as provided in (d) and (e) of this subsection.

    (c) The six-year terms shall be staggered as ((provided in (c)(i) through (iii) of this subsection.

    (i))) follows:  In the first division, the initial full terms of six years for the two positions in district 1 shall begin the second Monday in January following the general election held in ((November 1993.  If the effective dates for the judicial positions are later than the deadline to include them in the November 1993 election, the initial full terms shall begin the second Monday in January following the general election held in)) November ((1999)) 2000.  ((The initial full term of six years for the position in district 3 shall begin on the second Monday in January following the general election held in November 1996.))  If the effective date for the judicial ((position is)) positions are later than the deadline to include it in the November ((1996)) 2000 election, the initial full term shall begin the second Monday in January following the general election held in November ((2002)) 2006.

    (((ii) In the second division, the initial full term of six years for the position in district 2 shall begin the second Monday in January following the general election held in November 1994.  If the effective date of the judicial position is later than the deadline to include it in the November 1994 election the initial full term shall begin the second Monday in January following the general election held in November 2000.  The initial full term for the position in district 3 shall begin the second Monday in January following the general election held in November 1998.  If the effective date of the judicial position is later than the deadline to include it in the November 1998 election, the initial full term shall begin the second Monday in January following the general election held in November 2004.

    (iii) In the third division, the initial full term of six years for the position in district 3 shall begin the second Monday in January following the general election held in November 1994.  If the effective date of the judicial position is later than the deadline to include it in the November 1994 election, the initial full term will begin the second Monday in January following the general election held in November 2000.))

    (d) Upon becoming effective pursuant to subsection (1) of this section, the governor shall appoint judges to the additional judicial positions authorized in section 1, chapter 420, Laws of 1993.  The appointed judges shall hold office until the second Monday in January following the general election following the effective date of the position.  The appointed judges and other judicial candidates are entitled to run for the judicial position at the general election following appointment.

    (e) The initial election for these positions shall be held in November following the effective date of the position.  If the initial election of a newly authorized position is not held on a date which corresponds to the beginning of a full term as specified in (c)(((i) through (iii))) of this subsection, the election shall be for a partial term.

    Passed the House February 6, 1998.

    Passed the Senate March 2, 1998.

Approved by the Governor March 12, 1998.

    Filed in Office of Secretary of State March 12, 1998.