HOUSE BILL REPORT

SJR 8207

BYSenators Newhouse, Talmadge, Benitz and Deccio

Revising provisions relating to judges pro tempore.

House Committe on Judiciary

Majority Report:  Do pass.  (14)

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

Minority Report:  Do not pass.  (2)

      Signed by Representatives Heavey and Patrick.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE APRIL 13, 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:

The constitution is amended to permit a previously elected retired superior court judge to preside as a judge pro tempore, without the agreement of the parties, over a case, in which the judge made discretionary rulings, not completed at the time of the judge's retirement.

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 amendment and the companion bill will permit a previously elected retired judge to continue in a particular case and thereby avoid further delays.

House Committee - Testimony Against:      None Presented.