FINAL BILL REPORT

HB 1400

                                  C 199 L 89

BYRepresentative R. Meyers 

Establishing family court commissioners in third through ninth class counties.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

In 1949, the Legislature created family court commissioner positions.  The law allows the superior court judges to appoint family court commissioners to assist the family court with its volume.  The commissioners' powers are limited. The county commissioners must approve the appointment of the family court commissioner positions in counties of the third through ninth classes.  The statute does not address whether the commissioners can be full or part time.  The statute does not address whether a family court commissioner may also be a commissioner created under another statute.  A commissioner must be "a competent person" to be a commissioner.

SUMMARY:

The family court commissioner statute is amended.  A technical amendment changes the term "county commissioners" to "county legislative authority" which refers to the governing body that must approve the creation of family court commissioner positions.  The county legislative authority must approve the creation of family court commissioner positions in all counties rather than just in counties of the third through the ninth classes.  Commissioners may be full or part time and may hold other commissioner positions such as a mental health commissioner position.  A commissioner must be an attorney to qualify for a court commissioner position.

VOTES ON FINAL PASSAGE:

      House 91   0

      Senate    43     1 (Senate amended)

      House 89   2 (House concurred)

EFFECTIVE:July 23, 1989