RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO SAR 21||))||ORDER
Now, therefore, it is hereby
(a) That the amendment as shown below is adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendment will be published and will become effective upon publication.
DATED at Olympia, Washington this 6th day of May, 2010.
| Madsen, C.J.
| C. Johnson, J.
|| Owens, J.
| Alexander, J.
|| Fairhurst, J.
| Sanders, J.
|| J. M. Johnson, J.
| Chambers, J.
|| Stephens, J.
Proposed Amendments to SAR 21
RULE 21. JUSTICES PRO TEMPORE
(a) Generally. If one or more justices recuse on a case which reduces the court to an even number, a pro tempore justice shall be appointed by the Chief Justice when available, unless a majority of the court directs otherwise. In all other cases of recusal, the Chief Justice shall notify the other justices, in writing, of the recusal as soon as the fact of recusal becomes known to the Chief Justice, and the majority shall direct whether a pro tempore justice should be appointed when available.
(b) Qualifications. If a pro tempore justice is to be
selected, the proposed selection shall be made in the manner
set forth hereafter by the Chief Justice, or at the Chief
Justice's option by the Clerk of the Court, from a list of
active and retired court of appeals judges. The list shall be
approved on an annual basis by a majority of the Court. All
retired appellate judges will be included on the list, except
those who prefer not to be on the list or who are (1)
are litigants whose cases have been in this
court or will probably likely come to this court, (3) are over
75 years of age (the mandatory judicial retirement age in this
state), or (4) are in a practicing law firm as a sole
practitioner, member of a law firm, or of counsel to a law
firm, or (5) who prefer not to be on the pro tem list. legal
counsel for any private, nonprofit, or government entity.