BILL REQ. #:  H-2538.1 

READ FIRST TIME 2/28/07.   

     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 3 and Article IV, section 30 of the Constitution of the state of Washington to read as follows:

     Article IV, section 3. The judges of the supreme court shall be ((elected)) appointed by the ((qualified electors of the state at large at the general state election at the times and places at which state officers are elected, unless some other time be provided by the legislature. The first election of judges of the supreme court shall be at the election which shall be held upon the adoption of this Constitution and the judges elected thereat shall be classified by lot, so that two shall hold their office for the term of three years, two for the term of five years, and one for the term of seven years. The lot shall be drawn by the judges who shall for that purpose assemble at the seat of government, and they shall cause the result thereof to be certified to the secretary of state, and filed in his office)) governor and subject to a retention election, as provided by law. The supreme court shall select a chief justice from its own membership to serve for a four-year term at the pleasure of a majority of the court as prescribed by supreme court rule. The chief justice shall preside at all sessions of the supreme court. In case of the absence of the chief justice, the majority of the remaining court shall select one of their members to serve as acting chief justice. ((After the first election)) The terms of judges ((elected)) shall be six years from and after ((the second Monday in January next succeeding their election)) their appointment. If a vacancy occurs in the office of a judge of the supreme court the governor shall ((only)) appoint a person, as provided by law, to ((ensure the number of judges as specified by the legislature, to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election, and the judge so elected shall)) hold the office for the remainder of the unexpired term. ((The term of office of the judges of the supreme court, first elected, shall commence as soon as the state shall have been admitted into the Union, and continue for the term herein provided, and until their successors are elected and qualified.)) The sessions of the supreme court shall be held at the seat of government until otherwise provided by law.

     Article IV, section 30. (1) Authorization. In addition to the courts authorized in section 1 of this article, judicial power is vested in a court of appeals, which shall be established by statute.
     (2) Jurisdiction. The jurisdiction of the court of appeals shall be as provided by statute or by rules authorized by statute.
     (3) Review of Superior Court. Superior court actions may be reviewed by the court of appeals or by the supreme court as provided by statute or by rule authorized by statute.
     (4) Judges. The number, manner of ((election)) selection, compensation, terms of office, removal and retirement of judges of the court of appeals shall be as provided by statute.
     (5) Administration and Procedure. The administration and procedures of the court of appeals shall be as provided by rules issued by the supreme court.
     (6) Conflicts. The provisions of this section shall supersede any conflicting provisions in prior sections of this article.

     BE IT FURTHER RESOLVED, That this amendment is a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.
     The legislature finds that the changes contained in this amendment constitute a single integrated plan for the method of selection of judges of the supreme court and court of appeals. If this amendment is held to be separate amendments, this joint resolution is void in its entirety and is of no further force and effect.
     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.