HOUSE BILL REPORT

HB 1374

BYRepresentatives Padden, Wang, Dellwo and P. King; by request of  Administrator for the Courts

Changing provisions relating to transferring cases between superior courts.

House Committe on Judiciary

Majority Report:  Do pass.  (14)

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

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE FEBRUARY 17, 1989

BACKGROUND:

Some judicial districts have only one judge.  When a party files an affidavit of prejudice against that judge, a visiting judge must come from another district to hear the case.  Under current law, "one-judge district" judges lack authority to arrange for a visiting judge.  The superior court clerk must send a certified copy of the affidavit of prejudice to the supreme court clerk who gives it to the chief justice.  The chief justice then directs a visiting judge to hear the case.  Further, if a party requests a change of venue from a one-judge district to another district, the chief justice is responsible for transferring the case to another district.

SUMMARY:

This bill has two parts.  The first part relieves the supreme court of the responsibility for obtaining visiting judges.  Instead, the chief justice would designate superior courts that would receive the affidavits.  The presiding judges of those courts would arrange for a visiting judge.  The bill's second part gives the one-judge district judges authority to send cases to other districts in cases of a change of venue.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Judge Herbert E. Wieland, Pacific County Superior Court.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill streamlines the visiting judge procedure.

House Committee - Testimony Against:      None Presented.