House Oks New Way To Pick Chief Justice Plan To Reduce Number Of Justices On State Supreme Court Postponed

The House on Thursday approved half of a plan to overhaul the state Supreme Court by approving a constitutional amendment changing the method of choosing the chief justice.

But lawmakers, at the request of Chief Justice Barbara Durham, did not act on a bill that would have reduced membership on the court from nine justices to seven.

Durham was unavailable for comment but a spokesman said the chief justice decided the proposal should be put on hold until everyone is comfortable with it.

“She says a delay would give all groups time to have their unanswered questions answered,” said Chuck Foster, legislative liaison for the Administrator of the courts.

Durham and Justice Bob Utter, who retires April 24, were the champions of the reduction bill during committee hearings.

Both said a reduction would make the court more efficient and speed the handing down of decisions, some of which aren’t completed until up to year after oral arguments before the court.

“Problems of circulation (of proposed court rulings), communication, administration and effectiveness multiply geometrically with nine justices compared to seven,” Utter said.

Opposition was led by the Washington State Trial Lawyers Association.

“We feel this issue needs to be thoroughly studied,” said Association spokesman Larry Shanno. He also contended that reducing the number of justices might reduce diversity on the court.

The state’s 1889 constitution set court membership at five justices, but allowed the Legislature to add more. Membership was increased to seven justices in 1901 and to nine in 1989.

The proposed constitutional amendment, SJR8210, approved by the House on a 68-23 vote would allow the Supreme Court Justices to choose a chief justice for a four-year term. It now goes on the November ballot for ratification or rejection by the voters.

Under existing constitutional provisions, the position of chief justice rotates among justices based on timing and seniority, with each chief justice serving two years.