RULES OF COURT
STATE SUPREME COURT
[November 6, 2019]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO BJAR PREAMBLE, BJAR 1, 2, 3, 4, AND 5
The Board of Judicial Administration, having recommended the expeditious adoption of the proposed amendments to BJAR Preamble, BJAR 1, 2, 3, 4, and 5, and the Court having considered the proposed amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
(a) That the proposed amendments as shown below are expeditiously adopted.
(b) That the proposed amendments will be published expeditiously in the Washington Reports and will become effective upon publication.
dated at Olympia, Washington this 6th day of November, 2019.
Gordon McCloud, J.
BOARD FOR JUDICIAL ADMINISTRATION RULES (BJAR)
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.
BOARD FOR JUDICIAL ADMINISTRATION
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 be the unified voice of the Washington State Courts. Judges serving on the BJABoard for Judicial Administration shall pursue the best interests of the judiciary at large.
(a) Membership. The Board for Judicial Administration (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 CcourtsJudges' Association, one of whom shall be the President of the Superior Court Judges' Association, and five members from the District and Municipal Court Judges' Association,of the courts of limited jurisdiction, one of whom shall be the President of the District and Municipal Court Judges' Association,. The non-voting membership shall include the Washington State Bar Association's Executive Director and Board President,two members of the Washington State Bar Association (non-voting) and 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 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's as well as geographic and caseload differences.
(c) Terms of Office.
(1) Members serve four year terms, except the Chief Justice, the Presiding Chief Judge of the Court of Appeals, the President Judges, the Washington State Bar Association's President and Executive Director, and the Administrator for the Court who shall serve during their tenure.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; and
(f) The Board shall have the authority to conduct research or create study groups for the purpose of improving the courts.
Staff for the Board for Judicial Administration shall be provided by the Administrator for the Courts.
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 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