BILL REQ. #: H-2536.1
| State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 2/28/07.
AN ACT Relating to the appointment of judges; amending RCW 2.04.071, 2.04.100, 2.06.022, 2.06.024, 2.06.075, 2.12.010, 29A.24.010, 29A.24.181, 29A.24.191, 29A.32.031, 29A.32.121, 29A.36.121, 29A.36.171, and 29A.52.231; adding a new section to chapter 2.06 RCW; adding a new section to chapter 29A.52 RCW; adding a new chapter to Title 2 RCW; creating a new section; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101
(2) The judicial nominating commission shall consist of eleven
members. Four lawyer members shall be selected by the Washington state
bar association. Three nonlawyer members shall be appointed by the
governor. One member from each major caucus of the senate shall be
selected by the president of the senate. One member from each major
caucus of the house of representatives shall be selected by the speaker
of the house of representatives.
(3) Appointments to the commission shall be made with due
consideration to geographic representation and without regard to
political affiliation. All appointing authorities shall make
reasonable efforts to ensure that the commission substantially reflects
gender, ethnic, and racial diversity.
(4) Except for initial members of the commission, members shall
serve five-year terms. The terms of initial members shall be
staggered.
(5) No member may serve for more than two full terms.
(6) Vacancies shall be filled for an unexpired term in like manner.
(7)(a) Members of the judicial nominating commission shall be
reimbursed for all expenses incurred in the carrying out of their
official duties. Additional compensation may be prescribed by law.
(b) The administrative office of the courts shall make staff,
equipment, and materials available to assist the commission in carrying
out its official duties.
(8) The commission may adopt rules and procedures that aid in its
selection of the most qualified nominees for judicial office.
NEW SECTION. Sec. 102
(1) Any person may be considered for an attorney position by
declaring in his or her candidacy in writing to the Washington state
bar association, if the person has been a resident of this state for
three years and is licensed to practice law in this state.
(2) Any person may be considered for a lay position by declaring
his or her candidacy in writing to the governor's office in Olympia,
Washington, if the person has been a resident of this state for three
years.
NEW SECTION. Sec. 103
(2)(a) All organizational meetings of the commission are subject to
the open public meetings act, chapter 42.30 RCW. As used in this
chapter, "organizational meeting" means an initial meeting to discuss
the commission's procedures and requirements for the vacancy.
(b) All final deliberations of the commission shall be secret and
confidential.
(c) The confidentiality of other proceedings of the judicial
nominating commission shall be determined by commission rule.
(3) Six members of the commission constitute a quorum. The
commission may not take any action without a quorum.
NEW SECTION. Sec. 201
(2) When a judicial vacancy occurs or when it is known that a
vacancy will occur on a definite date, the chair of the commission
shall publicize the vacancy and solicit the submission of names of
qualified individuals by press release to the media.
(3)(a) The names of nominees shall be submitted to the governor in
alphabetical order.
(b) A confidential memorandum may accompany the list of nominees
and may state facts concerning each of the nominees listed.
(c) Upon submission of the names to the governor, the governor
shall make the names public and public comment should be encouraged.
(4) Within thirty days after receiving the list of nominees for
supreme court justice or judge of the court of appeals, the governor
shall appoint one of the nominees.
(5) If the governor does not appoint one of the nominees to fill
the vacancy within thirty days after their names are submitted to the
governor by the commission, the commission shall appoint on the basis
of merit alone without regard to political affiliation one of the
nominees to fill the vacancy.
(6) If the commission does not, within sixty days after a vacancy
occurs, submit the names of nominees as provided in this section, the
governor may appoint any qualified person to fill the vacancy at any
time thereafter before the time the names of the nominees to fill the
vacancy are submitted to the governor.
(7) A justice or judge appointed under this section shall remain in
office for the balance of the term for which the justice or judge is
appointed, which shall be the remainder of the unexpired term of the
predecessor, or if appointed for a new term, for the full six-year
term.
(8) At the next general election following the end of the term of
office, the names of each justice and judge appointed under this
section shall appear on the general election ballot, at which time the
justice or judge shall be subject to a vote on whether he or she will
be retained in his or her position.
NEW SECTION. Sec. 202 All supreme court justices and judges of
the court of appeals who are holding office as such by election or
appointment on the effective date of this section shall serve or
continue in office for the respective terms for which they were elected
or for their respective unexpired terms, and until their successors are
appointed and qualified.
Sec. 203 RCW 2.04.071 and 1971 c 81 s 1 are each amended to read
as follows:
((At the next general election, and at each biennial general
election thereafter, there shall be elected three)) Justices of the
supreme court((, to)) shall hold office for ((the full)) terms of six
years((, and until their successors are elected and qualified,
commencing with the second Monday in January succeeding their
election)). At the next general election following completion of each
full or partial term of office for any justice seeking to retain his or
her position on the state supreme court, the name of the justice shall
appear on the general election ballot for a vote on whether he or she
shall be retained as a justice of the supreme court.
Sec. 204 RCW 2.04.100 and 1971 c 81 s 3 are each amended to read
as follows:
If a vacancy occurs in the office of a justice of the supreme
court, the governor shall appoint a person to hold the office ((until
the election and qualification of a justice to fill the vacancy, which
election shall take place at the next succeeding general election)) in
accordance with section 201 of this act, and the justice so ((elected))
appointed shall hold the office for the remainder of the unexpired
term.
Sec. 205 RCW 2.06.022 and 1989 c 328 s 11 are each amended to
read as follows:
The new judicial position for the first division, district 2,
Snohomish county created pursuant to the 1989 amendment to RCW 2.06.020
shall become effective January 1, 1990, and shall be filled by
gubernatorial appointment.
The person appointed by the governor shall hold office until the
general election to be held in November 1990. At the general election,
the judge appointed shall be entitled to run for a term of six years or
until the second Monday in January 1997, and until a successor is
elected and qualified. ((Thereafter)) For vacancies occurring before
the effective date of this section, the judge shall be elected for a
term of six years and until a successor is elected and qualified,
commencing with the second Monday in January succeeding the election.
Beginning on the effective date of this section, the judge shall be
appointed in accordance with section 201 of this act.
Sec. 206 RCW 2.06.024 and 1999 c 75 s 2 are each amended to read
as follows:
The new judicial position for the second division, district 1,
Pierce county, created pursuant to the 1999 amendment to RCW 2.06.020
shall become effective July 1, 2000, and shall be filled by
gubernatorial appointment.
The person appointed by the governor shall hold office until the
general election to be held in November 2000. At the general election,
the judge appointed shall be entitled to run for a term of six years or
until the second Monday in January 2007, and until a successor is
elected and qualified. ((Thereafter)) For vacancies occurring before
the effective date of this section, the judge shall be elected for a
term of six years and until a successor is elected and qualified,
commencing with the second Monday in January succeeding the election.
Beginning on the effective date of this section, the judge shall be
appointed in accordance with section 201 of this act.
Sec. 207 RCW 2.06.075 and 1977 ex.s. c 49 s 3 are each amended to
read as follows:
The new judicial positions created pursuant to section 1, chapter
49, Laws of 1977 ex. sess. shall become effective January 1, 1978, and
shall be filled by gubernatorial appointment as follows:
(1) Two shall be appointed to the first division, District 1, King
county;
(2) One shall be appointed to the second division, District 1,
Pierce county; and
(3) One shall be appointed to the third division, District 1,
Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens counties.
The persons appointed by the governor shall hold office until the
general election to be held in November 1978. Upon taking office the
two newly appointed judges in Division 1 shall determine by lot the
length of term they will be entitled to run for in the general election
of 1977. One term will be for one year or until the second Monday in
January 1980, and the other for three years or until the second Monday
in January 1982, and until their successors are elected and qualified.
Thereafter judges shall be elected for a term of six years and until
their successors are elected and qualified, commencing with the second
Monday in January succeeding their election. At the general election
to be held in November 1978, the judges appointed in Division 2 and
Division 3 shall be entitled to run for a term of six years or until
the second Monday in January 1985, and until their successors are
elected and qualified. ((Thereafter)) For vacancies occurring before
the effective date of this section, judges shall be elected for a term
of six years and until their successors are elected and qualified,
commencing with the second Monday in January succeeding their election.
Beginning on the effective date of this section, judges shall be
appointed in accordance with section 201 of this act.
NEW SECTION. Sec. 208 A new section is added to chapter 2.06 RCW
to read as follows:
At the next general election following completion of each full or
partial term of office for any judge of the court of appeals seeking to
retain his or her position on the state court of appeals, the name of
the judge shall appear on the general election ballot for a vote on
whether he or she should be retained as a judge of the court of
appeals.
Sec. 209 RCW 2.12.010 and 1982 1st ex.s. c 52 s 2 are each
amended to read as follows:
Any judge of the supreme court, court of appeals, or superior court
of the state of Washington who heretofore and/or hereafter shall have
served as a judge of any such courts for eighteen years in the
aggregate or who shall have served ten years in the aggregate and shall
have attained the age of seventy years or more may, during or at the
expiration of his term of office, in accordance with the provisions of
this chapter, be retired and receive the retirement pay herein provided
for. In computing such term of service, there shall be counted the
time spent by such judge in active service in the armed forces of the
United States of America, under leave of absence from his judicial
duties as provided for under chapter 201, Laws of 1941: PROVIDED,
HOWEVER, That in computing such credit for such service in the armed
forces of the United States of America no allowance shall be made for
service beyond the date of the expiration of the term for which such
judge was elected or appointed. Any judge desiring to retire under the
provisions of this section shall file with the director of retirement
systems, a notice in duplicate in writing, verified by his affidavit,
fixing a date when he desires his retirement to commence, one copy of
which the director shall forthwith file with the administrator for the
courts. The notice shall state his name, the court or courts of which
he has served as judge, the period of service thereon and the dates of
such service.
Sec. 210 RCW 29A.24.010 and 2003 c 111 s 601 are each amended to
read as follows:
Not less than thirty days before the first day for filing
declarations of candidacy under RCW 29A.24.050 for legislative,
judicial, county, city, town, or district office, where more than one
position with the same name, district number, or title will be voted
upon at the succeeding election, the filing officer shall designate the
positions to be filled by number.
The positions so designated shall be dealt with as separate offices
for all election purposes. ((With the exception of the office of
justice of the supreme court, the)) Position numbers shall be assigned,
whenever possible, to reflect the position numbers that were used to
designate the same positions at the last full-term election for those
offices.
Sec. 211 RCW 29A.24.181 and 2006 c 344 s 8 are each amended to
read as follows:
Filings for a nonpartisan office (other than ((judge of the supreme
court or)) superintendent of public instruction) shall be reopened for
a period of three normal business days, such three-day period to be
fixed by the election officer with whom such declarations of candidacy
are filed and notice thereof given by notifying press, radio, and
television in the county and by such other means as may now or
hereafter be provided by law, when:
(1) A void in candidacy for such nonpartisan office occurs on or
after the eleventh Tuesday prior to a primary but prior to the eleventh
Tuesday before an election; or
(2) A nominee for judge of the superior court eligible after a
contested primary for a certificate of election by Article 4, section
29, Amendment 41 of the state Constitution, dies or is disqualified
within the ten-day period immediately following the last day allotted
for a candidate to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or after the
eleventh Tuesday prior to a primary but prior to the eleventh Tuesday
before an election leaving an unexpired term to be filled by an
election for which filings have not been held.
The candidate receiving a plurality of the votes cast for that
office in the general election shall be deemed elected.
Sec. 212 RCW 29A.24.191 and 2006 c 344 s 9 are each amended to
read as follows:
A scheduled election shall be lapsed, the office deemed stricken
from the ballot, no purported write-in votes counted, and no candidate
certified as elected, when:
(1) In an election for ((judge of the supreme court or))
superintendent of public instruction, a void in candidacy occurs on or
after the eleventh Tuesday prior to a primary, public filings and the
primary being an indispensable phase of the election process for such
offices;
(2) Except as otherwise specified in RCW 29A.24.181, a nominee for
judge of the superior court entitled to a certificate of election
pursuant to Article 4, section 29, Amendment 41 of the state
Constitution dies or is disqualified on or after the eleventh Tuesday
prior to a primary;
(3) In other elections for nonpartisan office a void in candidacy
occurs or a vacancy occurs involving an unexpired term to be filled on
or after the eleventh Tuesday prior to an election.
Sec. 213 RCW 29A.32.031 and 2004 c 271 s 121 are each amended to
read as follows:
The voters' pamphlet must contain:
(1) Information about each ballot measure initiated by or referred
to the voters for their approval or rejection as required by RCW
29A.32.070;
(2) In even-numbered years, statements, if submitted, advocating
the candidacies of nominees for the office of president and vice
president of the United States, United States senator, United States
representative, governor, lieutenant governor, secretary of state,
state treasurer, state auditor, attorney general, commissioner of
public lands, superintendent of public instruction, insurance
commissioner, state senator, state representative, ((justice of the
supreme court, judge of the court of appeals,)) or judge of the
superior court. Candidates may also submit a campaign mailing address
and telephone number and a photograph not more than five years old and
of a size and quality that the secretary of state determines to be
suitable for reproduction in the voters' pamphlet;
(3) In odd-numbered years, if any office voted upon statewide
appears on the ballot due to a vacancy, then statements and photographs
for candidates for any vacant office listed in subsection (2) of this
section must appear;
(4) In even-numbered years, a section explaining how voters may
participate in the election campaign process; the address and telephone
number of the public disclosure commission established under RCW
42.17.350; and a summary of the disclosure requirements that apply when
contributions are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number
of each political party with nominees listed in the pamphlet, if filed
with the secretary of state by the state committee of a major political
party or the presiding officer of the convention of a minor political
party;
(6) In each odd-numbered year immediately before a year in which a
president of the United States is to be nominated and elected,
information explaining the precinct caucus and convention process used
by each major political party to elect delegates to its national
presidential candidate nominating convention. The pamphlet must also
provide a description of the statutory procedures by which minor
political parties are formed and the statutory methods used by the
parties to nominate candidates for president;
(7) In years when there are ballot questions regarding retention of
one or more justices of the supreme court or judges of the court of
appeals, a statement, if submitted, advocating the retention of each
such justice or judge;
(8) An application form for an absentee ballot;
(((8))) (9) A brief statement explaining the deletion and addition
of language for proposed measures under RCW 29A.32.080;
(((9))) (10) Any additional information pertaining to elections as
may be required by law or in the judgment of the secretary of state is
deemed informative to the voters.
Sec. 214 RCW 29A.32.121 and 2004 c 271 s 168 are each amended to
read as follows:
(1) The maximum number of words for statements submitted by
candidates is as follows: State representative, one hundred words;
state senator, judge of the superior court, ((judge of the court of
appeals, justice of the supreme court,)) and all state offices voted
upon throughout the state, except that of governor, two hundred words;
president and vice president, United States senator, United States
representative, and governor, three hundred words.
(2) The maximum number of words for statements to retain a justice
of the supreme court or judge of the court of appeals is two hundred
words.
(3) Arguments written by committees under RCW 29A.32.060 may not
exceed two hundred fifty words in length.
(((3))) (4) Rebuttal arguments written by committees may not exceed
seventy-five words in length.
(((4))) (5) The secretary of state shall allocate space in the
pamphlet based on the number of candidates or nominees for each office.
Sec. 215 RCW 29A.36.121 and 2004 c 271 s 129 are each amended to
read as follows:
(1)(a) The positions or offices on a primary consolidated ballot
shall be arranged in substantially the following order: United States
senator; United States representative; governor; lieutenant governor;
secretary of state; state treasurer; state auditor; attorney general;
commissioner of public lands; superintendent of public instruction;
insurance commissioner; state senator; state representative; county
officers; ((justices of the supreme court; judges of the court of
appeals;)) judges of the superior court; and judges of the district
court. For all other jurisdictions on the primary consolidated ballot,
the offices in each jurisdiction shall be grouped together and be in
the order of the position numbers assigned to those offices, if any.
(b)(i) The positions or offices on a primary party ballot must be
arranged in substantially the following order: United States senator;
United States representative; governor; lieutenant governor; secretary
of state; state treasurer; state auditor; attorney general;
commissioner of public lands; insurance commissioner; state senator;
state representative; and partisan county officers. For all other
jurisdictions on the primary party ballot, the offices in each
jurisdiction must be grouped together and be in the order of the
position numbers assigned to those offices, if any.
(ii) The positions or offices on a primary nonpartisan ballot must
be arranged in substantially the following order: Superintendent of
public instruction; ((justices of the supreme court; judges of the
court of appeals;)) judges of the superior court; and judges of the
district court. For all other jurisdictions on the primary nonpartisan
ballot, the offices in each jurisdiction must be grouped together and
be in the order of the position numbers assigned to those offices, if
any.
(2) The order of the positions or offices on an election ballot
shall be substantially the same as on a primary consolidated ballot
except that state ballot issues must be placed before all offices, and
questions of whether to retain judges of the court of appeals shall
appear immediately before judges of the superior court and justices of
the supreme court shall appear immediately before judges of the court
of appeals. The offices of president and vice president of the United
States shall precede all other offices on a presidential election
ballot. The positions on a ballot to be assigned to ballot measures
regarding local units of government shall be established by the
secretary of state by rule.
(3) The political party or independent candidacy of each candidate
for partisan office shall be indicated next to the name of the
candidate on the primary and election ballot. A candidate shall file
a written notice with the filing officer within three business days
after the close of the filing period designating the political party to
be indicated next to the candidate's name on the ballot if either: (a)
The candidate has been nominated by two or more minor political parties
or independent conventions; or (b) the candidate has both filed a
declaration of candidacy declaring an affiliation with a major
political party and been nominated by a minor political party or
independent convention. If no written notice is filed the filing
officer shall give effect to the party designation shown upon the first
document filed. A candidate may be deemed nominated by a minor party
or independent convention only if all documentation required by chapter
29A.20 RCW has been timely filed.
Sec. 216 RCW 29A.36.171 and 2004 c 271 s 170 are each amended to
read as follows:
(1) Except as provided in RCW 29A.36.180 and in subsection (2) of
this section, on the ballot at the general election for a nonpartisan
office for which a primary was held, only the names of the candidate
who received the greatest number of votes and the candidate who
received the next greatest number of votes for that office shall appear
under the title of that office, and the names shall appear in that
order. If a primary was conducted, no candidate's name may be printed
on the subsequent general election ballot unless he or she receives at
least one percent of the total votes cast for that office at the
preceding primary. On the ballot at the general election for any other
nonpartisan office for which no primary was held, the names of the
candidates shall be listed in the order determined under RCW
29A.36.131.
(2) On the ballot at the general election for the office of
((justice of the supreme court, judge of the court of appeals,)) judge
of the superior court, judge of the district court, or state
superintendent of public instruction, if a candidate in a contested
primary receives a majority of all the votes cast for that office or
position, only the name of that candidate may be printed under the
title of the office for that position.
Sec. 217 RCW 29A.52.231 and 2004 c 271 s 174 are each amended to
read as follows:
The offices of superintendent of public instruction, ((justice of
the supreme court, judge of the court of appeals,)) judge of the
superior court, and judge of the district court shall be nonpartisan
and the candidates therefor shall be nominated and elected as such.
All city, town, and special purpose district elective offices shall
be nonpartisan and the candidates therefor shall be nominated and
elected as such.
NEW SECTION. Sec. 218 A new section is added to chapter 29A.52
RCW to read as follows:
(1) The offices of justice of the supreme court and judge of the
court of appeals shall appear on the general election ballot at the
next general election following completion of the full or partial term
of office for any justice of the supreme court or judge of the court of
appeals seeking to retain his or her position.
(2)(a) For a justice seeking to retain his or her position on the
supreme court, the statewide ballot shall include the question:
"Shall ... be retained as a justice of the supreme court of the
state of Washington for six years?"
(b) For a judge seeking to retain his or her position on the court
of appeals, the statewide ballot shall include the question:
"Shall ... be retained as a judge of the court of appeals of the
state of Washington for six years?"
(3) A justice or judge is retained in office for a term of six
years if the majority of votes cast on the ballot question answer the
question in the affirmative.
NEW SECTION. Sec. 301 Captions and part headings used in this
act are not any part of the law.
NEW SECTION. Sec. 302 Sections 101 through 103, 201, and 202 of
this act constitute a new chapter in Title
NEW SECTION. Sec. 303 This act takes effect if the proposed
amendment to Article IV of the state Constitution providing for the
appointment of judges of the supreme court and the court of appeals is
validly submitted to and is approved and ratified by the voters at the
next general election. If the proposed amendment is not approved and
ratified, this act is void in its entirety.