BILL REQ. #: S-0434.1
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/23/2007. Referred to Committee on Government Operations & Elections.
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.