RULES OF COURT
STATE SUPREME COURT
[November 6, 2020]
IN THE MATTER OF THE PROPOSED AMENDMENTS TO GR 29—PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND LIMITED JURISDICTION
The District and Municipal Court Judges' Association, having recommended the adoption of the proposed amendments to GR 29—Presiding Judge in Superior Court District and Limited Jurisdiction Court District, and CrRLJ 1.3—Effect, and the Court having considered the proposed amendments, 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 adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the proposed amendments will be published in the Washington Reports and will become effective on February 1, 2021.
dated at Olympia, Washington this 6th day of November, 2020.
Gordon McCloud, J.
PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND
LIMITED JURISDICTION COURT DISTRICT
(a) – (j) [Unchanged]
(k) Employment Contracts. A part-time judicial officer may contract with a municipal or county authority for salary and benefits. The employment contract shall not contain provisions which conflict with this rule, the Code of Judicial Conduct or statutory judicial authority, or which would create an impropriety or the appearance of impropriety concerning the judge's activities. The employment contract should acknowledge the court is a part of an independent branch of government and that the judicial officer or court employees are bound to act in accordance with the provisions of the Code of Judicial Conduct and Washington State Court rules. A part-time judicial officer's employment contract shall comply with GR 29(k) and contain the following provisions, which shall not be contradicted or abrogated by other provisions within the contract.
(l) Required Provisions of a Part-Time Judicial Officer Employment Contract.
(1) Term of Office and Salary. The judge's term of office shall be four years, as provided in RCW 3.50.050. The judge's salary shall be fixed by ordinance in accordance with RCW 3.50.080, and the salary shall not be diminished during the term of office.
(2) Judicial Duties. The judge shall perform all duties legally prescribed for a judicial officer according to state law, the requirements of the Code of Judicial Conduct, and Washington State court rules.
(3) Judicial Independence and Administration of the Court. The court is an independent branch of government. The judge shall supervise the daily operations of the court and all personnel assigned to perform court functions in accordance with the provisions of GR 29 (e) and (f), and RCW 3.50.080. Under no circumstances should judicial retention decisions be made on the basis of a judge's or a court's performance relative to generating revenue from the imposition of legal financial obligations.
(4) Termination and Discipline. The judge may only be admonished, reprimanded, censured, suspended, removed, or retired during the judge's term of office only upon action of the Washington State Supreme Court, as provided in article IV, section 31 of the Washington State Constitution.
Except as otherwise provided elsewhere in these rules, oOn their effective date,
(a) Any acts done before the effective date in any proceedings then pending or any action taken in any proceeding pending under rules of procedure in effect prior to the effective date of these rules are not impaired by these rules.
(b) Tthese rules also apply to any proceedings in court then pending or thereafter commenced regardless of when the proceedings were commenced, except to the extent that in the opinion of the court, the former procedure should continue to be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedures of these rules.