HOUSE BILL REPORT

HB 1373

BYRepresentatives Wang, Padden, Dellwo and O'Brien; by request of Administrator for the Courts

Providing for appointment of mental health commissioners.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (19)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, Tate, Van Luven and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS REPORTED BY COMMITTEE ON JUDICIARY JANUARY 31, 1989

BACKGROUND:

The Washington State Constitution, Article IV, Section 23, limits each county to three superior court commissioners "who shall have authority to perform like duties as a judge of the superior court."  The legislature established family law commissioners positions in addition to the three constitutional commissioners.  The statute withstood constitutional attack in Ordell v. Gaddis, 99 Wn.2d 409 (1983) because the statute limited the family law commissioners' powers.  The court held that the positions lacked the full powers of the constitutional commissioners and therefore did not constitute a fourth commissioner exceeding the constitutional limit.

Current Washington law does not provide for mental health commissioners with limited powers.  Absent legislation creating such positions, their appointment could exceed constitutional limits.

SUMMARY:

SUBSTITUTE BILL:  This bill, modeled on the family law commissioner statutes, provides for mental health commissioners with limited powers.

The mental health commissioners may exercise all the powers of a regular court commissioner but only for purposes of the mental illness chapters.  The commissioners may receive petitions, investigate facts, issue subpoenaes and warrants, hold hearings, supervise proceedings, and enter findings and orders.

The county's superior court judges may create the positions by a majority vote.  The county legislative authority must approve the creation of the positions in third through ninth class counties.  The positions may be full or part-time.  An appointment under this chapter does not preclude an appointment to a commissioner position under another chapter.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill contains a technical change to rename "county commissioners" to "county legislative authority."  The requirement that the county legislative authority must approve the creation of commissioner positions in third through ninth counties remains the same but is moved to a separate section.  The substitute bill specifies the position may be full or part-time and that appointment under this chapter does not preclude appointment as a commissioner under another statute.

Fiscal Note:      Requested January 20, 1989.

House Committee ‑ Testified For:    Paul Boyle, Pierce County Commissioner; Kurt Sharar, Washington Association of Counties.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The counties that have a lot of involuntary commitment hearings need extra help.  Pierce County, for example, has to hire a pro tem judge almost daily to cover the mental illness calendar.

House Committee - Testimony Against:      None Presented.