HOUSE BILL REPORT

                  SB 5037

             As Reported By House Committee On:

                          Judiciary

                       Appropriations

Title:  An act relating to the court of appeals.

Brief Description:  Creating a new court of appeals position for Pierce county.

Sponsors:  Senators McCaslin, Heavey and Rasmussen; by request of Board for Judicial Administration.

Brief History:

  Committee Activity:

Judiciary:  3/23/99, 4/1/99 [DP];

Appropriations:  4/5/99 [DP].

                 Brief Summary of Bill

$Creates a new court of appeals position for Pierce County.

HOUSE COMMITTEE ON JUDICIARY

Majority Report:  Do pass.  Signed by 12 members:  Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Dickerson; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.

Staff:  Jim Morishima (786-7191).

Background:

The state court of appeals is divided into three divisions.  The divisions are designated as I, II, and III, and are headquartered in Seattle, Tacoma, and Spokane respectively.  Each of the divisions is further subdivided into three districts.

Division II (headquartered in Tacoma) currently has six judges.  District 1 of Division II (Pierce County), has two of these judges. 

Judges of the court of appeals are elected by district to six-year terms.  They must be residents of the districts from which they are elected, and must have been admitted to the practice of law in this state for at least five years.

Summary of Bill:

The number of judges in Division II is increased from six to seven.  The additional judge is allocated to District 1 of Division II, giving the district a total of three judges.

The new judicial position becomes effective on July 1, 2000, and must be filled by gubernatorial appointment.  The person so appointed will hold the position until the next general election in November 2000.  The person may then run for a term of six years, like any other judge of the court of appeals.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  As the number of trial courts and the population have increased, the need for a new appellate position in Pierce County has also increased.

Testimony Against:  None.

Testified:  Judge C.C. Bridgewater, Washington Court of Appeals, Division II; and Chuck Foster, Board for Judicial Administration.

HOUSE COMMITTEE ON APPROPRIATIONS

Majority Report:  Do pass.  Signed by 32 members:  Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Alexander, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Barlean; Benson; Boldt; Carlson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Tokuda and Wensman.

Staff:  Mark Matteson (786-7145).

Summary of Recommendation of Committee on Appropriations Compared to Recommendation of Committee on Judiciary:  No new changes were recommended.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Testified:  None.