HOUSE BILL REPORT

SB 5205

BYSenators Newhouse, Talmadge, Benitz and Deccio

Revising provisions relating to judges pro tempore.

House Committe on Judiciary

Majority Report:  Do pass.  (16)

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

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE APRIL 9, 1987

BACKGROUND:

The constitution requires that a judge pro tempore may preside over a case in superior court only upon agreement of the parties.

SUMMARY:

A retired superior court judge may preside over a case as a judge pro tempore without the consent of the parties if the judge made discretionary rulings and if the case was not completed at the time of the judge's retirement.

The act takes effect January 1, 1988 if a proposed constitutional amendment permitting retired judges to continue as judges pro tempore is approved by the voters at the next general election.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Irving Newhouse; John Fattorini, Washington State Bar Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Complex litigation which lasts over several years can be jeopardized if the judge handling the case retires before the litigation is completed.  This bill and companion constitutional amendment will permit a previously elected retired judge to continue a particular case and thereby avoid further delays.

House Committee - Testimony Against:      None Presented.