H-1235.1
HOUSE BILL 1928
State of Washington | 69th Legislature | 2025 Regular Session |
ByRepresentatives Abell, Couture, Marshall, Chase, Barnard, Keaton, and Griffey
Read first time 02/10/25.Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to requiring senate confirmation of gubernatorial appointments to vacancies on the supreme court; amending RCW
2.04.100,
43.06.092, and
43.06.094; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
2.04.100 and 1971 c 81 s 3 are each amended to read as follows:
(1) If a vacancy occurs in the office of a justice of the supreme court, the governor shall appoint a person to ((hold)) the office subject to confirmation by the senate as provided in this section.
(2) If the appointment is made during a regular legislative session, the senate must hold the vote to confirm or reject the appointment prior to the adjournment of the session.
(3) If the appointment is made during a special session or while the legislature is not in session, the senate must hold the vote to confirm or reject the appointment at the earlier of either a special session convened for the purpose of holding the vote or the next regularly scheduled legislative session following the appointment.
(4) An affirmative vote by at least two-thirds of all members elected to the senate is required to confirm an appointee.
(5) An appointee who is confirmed by the senate shall 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, and the justice so elected shall hold the office for the remainder of the unexpired term.
(6) An appointee who is rejected by the vote of the senate may not be reappointed to the same office for a period of at least two calendar years from the date of the senate vote.
Sec. 2. RCW
43.06.092 and 1981 c 338 s 2 are each amended to read as follows:
(1) ((Any))Except as otherwise provided in subsection (3) of this section, any gubernatorial appointee subject to senate confirmation shall continue to serve unless rejected by a vote of the senate. An appointee who is rejected by a vote of the senate shall not be reappointed to the same position for a period of one year from termination of service.
(2) Any person appointed by the governor to fill the unexpired term of an appointment subject to senate confirmation must also be confirmed by the senate.
(3) This section does not apply to gubernatorial appointees to fill judicial vacancies as provided for in RCW 2.04.100. Sec. 3. RCW
43.06.094 and 1981 c 338 s 1 are each amended to read as follows:
Gubernatorial appointees subject to senate confirmation, other than those who serve at the governor's pleasure
and other than those appointed to fill judicial vacancies as provided for in RCW 2.04.100, may not be removed from office without cause by the governor prior to confirmation except upon consent of the senate as provided for by the rules of the senate.
NEW SECTION. Sec. 4. This act takes effect January 1, 2026, if the proposed amendment to Article IV, section 3 of the state Constitution providing for senate confirmation of gubernatorial appointments to vacancies on the supreme court (House Joint Resolution No. . . . . (H-1236/25)) 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.
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