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Committee hears bill to remove Seattle-only residency requirement for municipal pro tem judges

2130314 · January 17, 2025
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Summary

House Bill 1112 would remove a city-residency requirement for judges pro tempore serving in municipal courts with populations over 400,000, a restriction that currently applies only to Seattle. Supporters said the change would ease staffing shortages without changing qualifications to serve.

The Civil Rights & Judiciary Committee heard House Bill 1112 on Jan. 17, a bill that would remove a city-residency requirement for judges pro tempore — temporary judges who fill in for municipal court judges — in municipalities with populations exceeding 400,000.

Committee staff Eric Lopez explained that municipal courts are courts of limited jurisdiction and that under current law cities are treated differently based on population. Lopez said that in larger cities the presiding municipal court judge must appoint judges pro tem from attorneys residing in the city, while smaller cities do not have the residency requirement. HB 1112 would eliminate the city-residency requirement for larger cities while preserving other qualifications, including Washington state electorship and admission to the Washington bar.

Vice Chair Faribhar, the sponsor, said the bill is intended to help courts manage caseloads when judges are absent. "When judges need to step away, they are able to have a pro tem judge step in and carry on their work to make sure that we are able to move quickly towards justice," Faribhar said. She noted the residency restriction in current law "actually only applies to Seattle right now," and said the bill would harmonize requirements across municipal courts in Washington state.

Faye Chasse, a judge with Seattle Municipal Court, testified in support of the bill. Chasse said pro tem judges are "critical to ensuring [the] court can continue to operate when an elected judge is absent for illness, disability, and other duties off the bench." She told the committee Seattle has had increasing difficulty finding qualified pro tem judges and that the residency requirement has contributed to that shortage.

Chasse said the lack of available pro tems forces the court to cancel or consolidate calendars, delaying proceedings. She added that when a pro tem is not available the court sometimes uses magistrates to cover criminal calendars, which leaves the court shorthanded for civil work and can force cancellation of programs such as a debt-reduction calendar that helps people manage ticket-related debt.

Committee members asked clarifying questions. Representative Graham confirmed the bill would allow only Washington residents to serve as pro tems and would not permit attorneys from other states to fill those roles. No fiscal note was requested, staff said.

The committee took testimony and closed the hearing; no committee vote was recorded during this session.