WSR 19-15-091
[July 15, 2019]
NO. 25700-A-1263
The Board for Judicial Administration, having recommended the suggested amendments to BJAR Preamble, BJAR 1—Board for Judicial Administration, BJAR 2—Composition, BJAR 3—Operation, BJAR 4—Duties, and new rule BJAR 5—Staff, and the Court having approved the suggested amendments for publication;
Now, therefore, it is hereby
(a) That pursuant to the provisions of GR 9(g), the suggested amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in July 2019.
(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.
(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than September 30, 2019. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Comments submitted by e-mail message must be limited to 1500 words.
dated at Olympia, Washington this 15th Day of July, 2019.
For the Court
Fairhurst, C.J.
Suggested Amendments
(Hearing is Not Recommended)
Submitted by the Board for Judicial Administration
A. Name of Proponent: The Board for Judicial Administration
B. Spokespersons:
Chief Justice Mary Fairhurst, Chair
Judge Judy Jasprica, District and Municipal Court Judges' Association, Pierce County District Court, Member Chair
Jeanne Englert, Administrative Manager, BJA
Purpose: This is a request to revise and update the BJA Rules (BJAR). Both the BJA Rules and Bylaws were reviewed to ensure they accurately reflect current practice and needs. Changes were recommended to the Rules to reflect current practices, provide clarification or simplify language, and to move items to the document that makes the most sense.
C. To accomplish this, the BJA formed an ad hoc committee to evaluate the BJA bylaws and rules. The Ad Hoc Committee was comprised of a representatives from BJA committees and each court level. The Bylaws and Rules Ad Hoc Committee members were Chief Justice Mary Fairhurst, Judge Dan Johnson, and Judge Blaine Gibson. The BJAR Preamble, and Rule 1, 4, and 5 were last adopted in January 2000; Rule 2 was last adopted in July 2017; and Rule 3 was last adopted in September 2014.
The Ad Hoc Committee reviewed the BJA Bylaws and Rules and made several recommendations, including:
Terms of office and membership are commonly defined in rules by other committees and should be defined in the BJAR.
Information was added or deleted from the BJAR to conform with the BJA Bylaws.
Redundant information was removed. Information in the BJAR was moved under a different rule where appropriate.
Information was moved to the BJA Bylaws where appropriate.
A section was added to the BJAR authorizing the BJA membership to develop, adopt, and amend bylaws by a majority vote.
Language in the BJAR was updated to reflect current practice.
The language in the BJAR was clarified and simplified.
These changes were reviewed by members and non-members of the BJA, revised as appropriate, and approved by majority vote of BJA members.
D. A hearing is not recommended.
E. Expedited consideration is not requested.
Supporting Materials
Attached as supporting materials are:
A red-lined version of the proposed changes to BJA Rules.
A version of the BJA Rules with all the proposed changes.
The approved, revised BJA Bylaws for reference.
Additional supporting information, including BJA meeting minutes, is available at the AOC Web site at:
The power of the judiciary to make administrative policy governing its operations is an essential element of its constitutional status as an equal branch of government. The Board for Judicial Administration is established to adopt policies and provide strategic leadership for the courts at large, enabling the judiciary to speak with one voice.
The Board for Judicial Administration is created to provide effective leadership to the state courts and to develop policy to enhance the administration of the court system in Washington State.The Board for Judicial Administration (BJA) is established to provide leadership and develop policy to enhance the judiciary's ability to serve as an equal, independent, and responsible branch of government. The vision of the BJA is to betheunified voice of theWashingtonState Courts. Judges serving on the BJABoard for Judicial Administration shall pursue the best interests of the judiciary at large.
(a) Membership. The BJA shall consist of judges from all levels of court and other key stakeholders.selected for their demonstrated interest in and commitment to judicial administration and court improvement.The voting membership of the BJA shall consist of the Chief Justice and one other member of the Supreme Court, The Board shall consist of five members from the appellate courts (two from the Supreme Court, one of whom shall be the Chief Justice, and one member from each division of the Court of Appeals), five members from the Ssuperior Ccourt Judges'Associations, one of whom shall be the president of the Superior Court Judges' Association, and five members from the District and MunicipalCourtJudges'ofAssociation,the courts of limited jurisdiction, one of whom shall be the Presidentof the District and Municipal Court Judges' Association. The non-voting membership shall include the Washington State Bar Association'sExecutiveDirector andBoard President, the Administrator for the Courts (non-voting),.the Presiding Chief Judge of the Court of Appeals, the President-elect judge of the Superior Court Judges' Association, and the President-elect judge of the District and Municipal Court Judges' Association.
(b) Selection. Members shall be selected based upon a process established by their respective associations or court level which considers demonstrated interest and commitment to judicial administration, improving the courts, racial and gender diversity, and the court'sas well as geographic and caseload differences.
(c) Terms of OfficeTerms of Office.
(1) Members serve four year terms, except the Chief Justice, the President Judges, the Washington State Bar Association's President and Executive Director, and the Administrator for the Courts who shall serve during their tenure.
(1) Of the members first appointed, one justice of the Supreme Court shall be appointed for a two-year term; one judge from each of the other levels of court for a four-year term; one judge from each of the other levels of court and one Washington State Bar Association member for a three-year term; one judge from the other levels of court and one Washington State Bar Association member for a two-year term; and one judge from each level of trial court for a one-year term. Provided that the terms of the District and Municipal Court Judges' Association members that begin on July 1, 2017 shall be for less than a full term, two years, and shall thereafter be for a term of four years and the terms of the Superior Court Judges' Association members whose terms begin on July 1, 2010 and July 1, 2013 shall be for two years each. Thereafter, voting members shall serve four-year terms and the Washington State Bar Association members for three-year terms commencing annually on July 1. The Chief Justice, the President of Judges, and the Administrator for the Courts shall serve during tenure.
(2) Members serving on the BJA shall be granted equivalent pro tempore time.
(a) LeadershipLeadership. The Board for Judicial Administration shall be chaired by the Chief Justice of the Washington Supreme Court in conjunction with a Member Chair who shall be elected by the Board. The duties of the Chief Justice Chair and the Member Chair shall be clearly articulated in the bylaws. Meetings of the Board may be convened by either chair and held at least bimonthly. Any Board member may submit issues for the meeting agenda.
(b) CommitteesCommittees. Ad hoc and standing committees may be appointed for the purpose of facilitating the work of the Board. Non-judicial committee members shall participate in non-voting advisory capacity only.
(1) The Board shall appoint at least four standing committees: Policy and Planning, Budget and Funding, Education, and Legislative. Other committees may be convened to help facilitate the work of the Board as determined by the Board.
(2) The Chief Justice and the Member Chair shall nominate for the Board's approval the chairs and members of the committees. Committee membership may include citizens, experts from the private sector, members of the legal community, legislators, clerks, and court administrators.
(c) Voting. All decisions of the Board shall be made by majority vote of those present and voting provided there is one affirmative vote from each level of court. Eight voting members will constitute a quorum provided at least one judge from each level of court is present. Telephonic or electronic attendance shall be permitted but no member shall be allowed to cast a vote by proxy.
(a) The Board shall establish a long-range plan for the judiciary;
(b) The Board shall continually review the core missions and best practices of the courts;
(c) The Board shall develop a funding strategy for the judiciary consistent with the long-range plan and RCW 43.135.060;
(d) The Board shall assess the adequacy of resources necessary for the operation of an independent judiciary;
(e) The Board shall speak on behalf of the judicial branch of government and develop statewide policy to enhance the operation of the state court system;
(f) The Board shall have the authority to conduct research or create study groups for the purpose of improving the courts.
[Adopted effective January 25, 2000.]
Staff for the Board for Judicial Administration shall be provided by the Administrator for the Courts.
[New Rule]
The Board may, by a majority vote of the voting members, develop, adopt,and amend bylaws for its operations that do not conflict with these rules.
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.