Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Judiciary Committee

ESJR 8208

Brief Description:  Amending the Constitution regarding the use of judges pro tempore.

Sponsors:  By Senators Kline and Constantine; by request of Administrator for the Courts.

Brief Summary of Engrossed Bill

$Amends the state constitution to allow, pursuant to supreme court rule, the appointment of a judge pro tem to hear a case in superior court without agreement by the parties if the judge pro tem is a sitting elected judge.

$Requires that the supreme court rule provide for a right, exercisable once during a case, to a change of a judge pro tem.

Hearing Date: 

Staff:  Trudes Hutcheson (786‑7384).

Background: 

The state constitution and statutes authorize the appointment of judges pro tem to temporarily serve in the courts for various reasons, such as in the absence of a regular judge or to deal with excessive caseloads.

Article IV, Section 7, of the state constitution allows the appointment of a judge pro tem to hear a case in superior court if:  (1) the person appointed is a member of the bar; (2) the appointment is agreed upon by the parties or their attorneys; (3) the appointment is approved by the court; and (4) the appointee takes the oath provided by statute.

Consent from the parties is not necessary if a previously elected judge of the superior court retires while there is a pending case in which that judge made rulings and the judge hears that pending case as a judge pro tem.

An amendment to the Washington Constitution requires passage by the Legislature by two-thirds vote of each house and approval by a majority of the voters of the state at the next general election.

Summary of Bill: 

Article IV, Section 7, of the state constitution is amended to authorize, pursuant to supreme court rule, a judge pro tem to hear a case in superior court without the parties= consent if the judge pro tem is a sitting elected judge.  The supreme court rule must provide for the right, exercisable once during a case, to a change of a judge pro tem.

The provisions of this act are to be submitted to the voters at the next general election for approval and ratification, or for rejection.

Appropriation:  None.

Fiscal Note:  Not Requested.