HOUSE BILL REPORT

SB 5002

BYSenators Talmadge, Metcalf and Halsan

Revising provisions relating to the commission on judicial conduct.

House Committe on Judiciary

Majority Report:  Do pass.  (12)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE APRIL 13, 1987

BACKGROUND:

In the 1980 general election, voters approved Article IV, Section 31 of the State Constitution, which established a new procedure for the discipline, removal or involuntary retirement of state court judges.  The central feature of the amendment was the creation of a Judicial Qualifications Commission to process complaints against judges and to make recommendations to the supreme court for discipline or involuntary retirement.  In November, 1986, Washington voters passed an amendment to Article IV, Section 31 which made several changes.  It changed the name of the commission and expanded the membership from seven to nine by adding two more nonlawyers.  The commission may hold preliminary hearings in private, but subsequent hearings must be public.  A judge who is the subject of a commission recommendation of removal, is suspended with pay pending supreme court action.

SUMMARY:

The bill makes statutory changes to implement the constitutional amendment.

The name of the Judicial Qualifications Commission is changed to Commission on Judicial Conduct and court commissioners and magistrates are added to its jurisdiction.  The commission is increased to nine members, with the addition of two nonlawyer members.  Proposed and adopted rules are to be submitted to the Washington State Register for publication.

Any fact-finding hearings conducted by the commission, a subcommittee of the commission, or a master appointed by the commission are open to the public.  If a recommendation is adopted by the commission that a judge or justice be removed, that person shall be suspended with salary until a final determination is made by the supreme court.

Fiscal Note:      Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Esther Garner, State of Washington Judicial Qualifications Commission.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill is necessary in order to implement the recently passed constitutional amendment.

House Committee - Testimony Against:      None Presented.