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              ENGROSSED SENATE JOINT RESOLUTION 8208

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State of Washington      57th Legislature     2001 Regular Session

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

Read first time 01/22/2001.  Referred to Committee on Judiciary.

Amending the Constitution regarding the use of judges pro tempore.

    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 the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article IV, section 7 of the Constitution of the state of Washington to read as follows:

    Article IV, section 7.  The judge of any superior court may hold a superior court in any county at the request of the judge of the superior court thereof, and upon the request of the governor it shall be his or her duty to do so.  A case in the superior court may be tried by a judge((,)) pro tempore, who must be either:  (1) A member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, approved by the court and sworn to try the case; or (2) any sitting elected judge pursuant to supreme court rule providing for a right, exercisable once during a case, to a change of judge pro tempore.  However, if a previously elected judge of the superior court retires leaving a pending case in which the judge has made discretionary rulings, the judge is entitled to hear the pending case as a judge pro tempore without any written agreement.

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

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