WSR 02-13-018

RULES OF COURT

STATE SUPREME COURT


[ June 6, 2002 ]

IN THE MATTER OF THE REPEAL OF GR 8 )

)

ORDER

NO. 25700-A-739

The District and Municipal Court Judges' Association having recommended the repeal of GR 8 due to the passage of SB 6292 which becomes effective January 1, 2003, and the Court having determined that the repeal will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That GR 8 is repealed effective January 1, 2003.

DATED at Olympia, Washington this 6th day of June 2002.
Alexander, C.J.


Smith, J.


Sanders, J.


Johnson, J.


Bridge, J.


Madsen, J.


Chambers, J.


Ireland, J.


Owens, J.



RULE 8. QUALIFYING EXAMINATION FOR LAY CANDIDATES

FOR JUDICIAL OFFICERS


RESERVED, CHAPTER 136, LAWS 2002

RULE 8.1

DEFINITIONS


As used in this rule:

(a) "Judicial officer" shall mean anyone:

(1) Who is not admitted to practice law in the state of Washington;

(2) Who has been appointed or elected as a district court judge, municipal court judge, judge of any court inferior to the superior court which may be hereafter established, court commissioner, or administrator; and

(3) Who hears and disposes of cases.

(b) "Hears and disposes of cases" shall mean but is not limited to signing warrants; issuing summonses; setting bail hearings, trials or other proceedings or determining conditions of release.


[Rule 8 adopted effective January 1, 1981; Rule 8.1 amended effective September 22, 1998.]


RULE 8.2

MANDATORY QUALIFYING EXAMINATION


Every lay candidate for a judicial officer position shall, before initial appointment or election, pass the qualifying examination prepared in accordance with this rule. Reexamination will not be required unless either (1) a break in judicial service for two years or greater should occur, or (2) service as a judicial officer does not begin within two years of passing the examination.


[Rule 8 adopted effective January 1, 1981; Rule 8.2 amended effective March 14, 1986; September 22, 1998.]


RULE 8.3

JUDICIAL OFFICER EXAMINATION COMMITTEE


The qualifying examination for lay candidates for judicial officers shall be prepared and administered by a committee, under the supervision of the Chief Justice of the Supreme Court, composed of the Administrator for the Courts, the President of the Superior Court Judges' Association, and the President of the Washington Magistrates' Association. The Administrator for the Courts shall chair the committee.

Rule 8 adopted effective January 1, 1981; Rule 8.3 amended effective May 8, 1987; September 22, 1998.]


RULE 8.4

COMMITTEE RESPONSIBILITIES


The committee shall:

(a) Examination Fee. Require candidates to pay an examination fee each time they register for the examination. The amount of the fee shall be proposed by the committee and approved by the Supreme Court.

(b) Study Syllabus. Promulgate syllabi for study by candidates to prepare them for the responsibilities of a judicial officer and the qualifying examination for each jurisdiction. The syllabi shall include, but are not limited to, constitutional and statutory provisions and Supreme Court rules relating to the conduct of courts, state statutes, basic rules of evidence, and rights of a criminal defendant. Persons requesting a copy of the study syllabus may be charged the reasonable costs of producing the syllabus.

(c) Examination. Prepare qualifying examinations to test on proficiency included in the respective study syllabi. The examinations shall require written responses to written

(d) Administration. Announce the time and place for the examination and provide for monitoring and security during the examination.

(e) Grading. Arrange for the grading of the examination papers and determine a level of adequate competence that the candidate shall demonstrate to pass the examination.

(f) Certification. Certify to the auditor of the county in which the applicant resides the names of those applicants qualified by examination for performing the duties of judicial officer.


[Rule 8 adopted effective January 1, 1981; Rule 8.4 amended effective September 22, 1998.]


RULE 8.5

UNSUCCESSFUL CANDIDATES


A candidate who fails to pass the qualifying examination may, on petition to the committee, be given additional examinations once every 12 months at a time and place set by the committee.


[Rule 8 adopted effective January 1, 1981; Rule 8.5 amended effective September 22, 1998.]


RULE 8.6

SUCCESSFUL CANDIDATES


A candidate who passes the qualifying examination may not act in a judicial capacity and has no judicial authority unless the candidate is appointed or elected as a judicial officer to a court that is authorized to employ non-attorney judicial officers under Washington's constitution or statutes.


[Rule 8.6 adopted effective September 22, 1998.]

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office