BILL REQ. #:  H-4095.1 

Read first time 01/17/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to the oath of office; amending RCW 2.04.080, 2.06.085, 2.08.080, 2.08.180, 2.24.020, 3.34.080, 3.50.097, 28A.330.060, 28A.343.360, 35.20.180, and 43.01.020; and adding a new section to chapter 43.01 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.01 RCW to read as follows:
     In addition to the officers listed in RCW 43.01.020, every office holder in the state of Washington, whether elected or appointed, before entering upon the duties of their respective offices, must take and subscribe an oath or affirmation in substance as follows: I do solemnly swear (or affirm) that I will support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution and laws of the State of Washington, and that I will faithfully discharge the duties of the office of (name of office) to the best of my ability.
     The oath or affirmation of officers not listed in RCW 43.01.020 may be administered by any person authorized by law to administer them. A certificate shall be affixed thereto by the person administering the oath, and the oath or affirmation so certified shall be held by the appropriate agency and made available for public inspection.

Sec. 2   RCW 2.04.080 and 1971 c 81 s 2 are each amended to read as follows:
     The several justices of the supreme court, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution of the State of Washington, and that I will faithfully and impartially discharge the duties of the office of judge of the supreme court of the State of Washington to the best of my ability." Which oath or affirmation may be administered by any person authorized to administer oaths, a certificate whereof shall be affixed thereto by the person administering the oath. And the oath or affirmation so certified shall be filed in the office of the secretary of state.

Sec. 3   RCW 2.06.085 and 1971 c 81 s 182 are each amended to read as follows:
     The several judges of the court of appeals, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution of the State of Washington, and that I will faithfully and impartially discharge the duties of the office of judge of the court of appeals of the State of Washington to the best of my ability." Which oath or affirmation may be administered by any person authorized to administer oaths, a certificate whereof shall be affixed thereto by the person administering the oath. And the oath or affirmation so certified shall be filed in the office of the secretary of state.

Sec. 4   RCW 2.08.080 and 1971 c 81 s 5 are each amended to read as follows:
     Every judge of a superior court shall, before entering upon the duties of his or her office, take and subscribe an oath that he or she will support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution of the state of Washington, and will faithfully and impartially discharge the duties of judge to the best of his or her ability, which oath shall be filed in the office of the secretary of state. Such oath or affirmation to be in form substantially the same as prescribed for justices of the supreme court.

Sec. 5   RCW 2.08.180 and 2005 c 142 s 1 are each amended to read as follows:
     A case in the superior court of any county 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) pursuant to supreme court rule, any sitting elected judge. Any action in the trial of such cause shall have the same effect as if it was made by a judge of such court. 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.
     A judge pro tempore shall, before entering upon his or her duties in any cause, take and subscribe the following oath or affirmation:
     "I do solemnly swear (or affirm, as the case may be,) that I will support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore in the cause wherein . . . . . . is plaintiff and . . . . . . defendant, according to the best of my ability."
     A judge pro tempore who is a practicing attorney and who is not a retired justice of the supreme court or judge of a superior court of the state of Washington, or who is not an active judge of a court of the state of Washington, shall receive a compensation of one-two hundred fiftieth of the annual salary of a superior court judge for each day engaged in said trial, to be paid in the same manner as the salary of the superior judge. A judge who is an active full-time judge of a court of the state of Washington shall receive no compensation as judge pro tempore. A judge who is an active part-time judge of a court of the state of Washington may receive compensation as a judge pro tempore only when sitting as a judge pro tempore during time for which he or she is not compensated as a part-time judge. A justice or judge who has retired from the supreme court, court of appeals, or superior court of the state of Washington shall receive compensation as judge pro tempore in the amount of sixty percent of the amount payable to a judge pro tempore under this section, provided that a retired justice or judge may decline to accept compensation.

Sec. 6   RCW 2.24.020 and 1909 c 124 s 5 are each amended to read as follows:
     Court commissioners appointed hereunder shall, before entering upon the duties of such office, take and subscribe an oath to support the principles of the Declaration of Independence, the Constitution of the United States, the Constitution of the state of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability.

Sec. 7   RCW 3.34.080 and 1984 c 258 s 14 are each amended to read as follows:
     Each district judge, district judge pro tempore, and district court commissioner shall, before entering upon the duties of office, take an oath to support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution and laws of the state of Washington, and to perform the duties of the office faithfully and impartially and to the best of his or her ability.

Sec. 8   RCW 3.50.097 and 1984 c 258 s 110 are each amended to read as follows:
     Every judge of a municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the municipal court of the city of . . . . . . (naming such city) according to the best of my ability." The oath shall be filed in the office of the county auditor. The judge shall also give such bonds to the state and city for the faithful performance of the judge's duties as may be by law or ordinance directed.

Sec. 9   RCW 28A.330.060 and 1990 c 33 s 345 are each amended to read as follows:
     Before entering upon the discharge of the superintendent's duties, the superintendent as secretary of the board shall give bond in such sum as the board of directors may fix from time to time, but for not less than five thousand dollars, with good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer that he or she will support the principles of the Declaration of Independence, the Constitution of the United States, and of the state of Washington and faithfully perform the duties of the office, a copy of which oath or affirmation shall be filed with the educational service district superintendent.

Sec. 10   RCW 28A.343.360 and 1990 c 33 s 314 are each amended to read as follows:
     Every person elected or appointed to the office of school director, before entering upon the discharge of the duties thereof, shall take an oath or affirmation to support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution and laws of the State of Washington and to faithfully discharge the duties of the office according to the best of his or her ability. In case any official has a written appointment or commission, the official's oath or affirmation shall be endorsed thereon and sworn to before any officer authorized to administer oaths. School officials are hereby authorized to administer all oaths or affirmations pertaining to their respective offices without charge or fee. All oaths of office, when properly made, shall be filed with the county auditor. Every person elected to the office of school director shall begin his or her term of office at the first official meeting of the board of directors following certification of the election results.

Sec. 11   RCW 35.20.180 and 1965 c 7 s 35.20.180 are each amended to read as follows:
     Every judge of such municipal court, before he enters upon the duties of his or her office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the municipal court of the city of . . . . . . (naming such city) according to the best of my ability; and I do further certify that I do not advocate, nor am I a member of an organization that advocates, the overthrow of the government of the United States by force or violence." The oath shall be filed in the office of the county auditor. He or she shall also give such bonds to the state and city for the faithful performance of his or her duties as may be by law or ordinance directed.

Sec. 12   RCW 43.01.020 and 1965 c 8 s 43.01.020 are each amended to read as follows:
     The governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands, and insurance commissioner, shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation in substance as follows: I do solemnly swear (or affirm) that I will support the principles of the Declaration of Independence, the Constitution of the United States, and the Constitution and laws of the state of Washington, and that I will faithfully discharge the duties of the office of (name of office) to the best of my ability.
     The oath or affirmation shall be administered by one of the justices of the supreme court at the capitol. A certificate shall be affixed thereto by the person administering the oath, and the oath or affirmation so certified shall be filed in the office of the secretary of state before the officer shall be qualified to discharge any official duties: PROVIDED, That the oath of the secretary of state shall be filed in the office of the state auditor.