HOUSE BILL REPORT

SB 5016

As Amended by the House

BYSenators Newhouse, Talmadge, Halsan and West; by request of Statute Law Committee

Revising terminology resulting from the Rules of Appellate Procedure.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (15)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Belcher, Hargrove, P. King, Lewis, Locke, Meyers, Moyer, Padden, Patrick, Scott, Wang and Wineberry.

House Staff:Jim Kelley (786-7779)

AS PASSED HOUSE FEBRUARY 29, 1988

BACKGROUND:

There are a number of statutory provisions which govern all or part of the procedures for seeking review of a judicial proceeding. Virtually all of these statutes were enacted prior to 1976, the year the Supreme Court adopted the Rules of Appellate Procedure.

Statutes generally use the term "appeal" as a generic term to describe the process by which appellate review may be obtained, both as a matter of right and in the discretion of the reviewing court.  Under Rule of Appellate Procedure 2.1, however, the word "appeal" is used only in situations where review is accorded as a matter of right.  Review by permission of the reviewing court is called "discretionary review".  The term "review" covers both appeal and discretionary review.  The statute's use of the term "appeal" in the generic sense to describe all forms of appellate review is therefore technically inaccurate and may lead to an incorrect conclusion as to the extent of a party's right to seek review of a particular decision.

SUMMARY:

Statutes explicitly superseded by the Rules of Appellate Procedure are repealed.  Terminology and substantive provisions in other statutes are conformed to the language and provisions of the Rules of Appellate Procedure.

The most common change made in the bill is to delete from the RCW phrases such as "appeals may be taken" and substitute language such as "appellate review may be sought."

The bill generally deletes references to "appeal" and substitutes the term "appellate review."

The bill also repeals several RCW sections that have been superseded by the Rules of Appellate Procedure.  For example, a provision in RCW 4.88 relating to the allowance of costs on appeal is repealed because it is superseded by Title 14 of the Rules of Appellate Procedure.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.