PREAMBLE
We, the people of the State of Washington, grateful to the
Supreme Ruler of the Universe for our liberties, do ordain this
constitution.
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1 POLITICAL POWER. All political power is inherent in
the people, and governments derive their just powers from the
consent of the governed, and are established to protect and
maintain individual rights.
SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the
United States is the supreme law of the land.
SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life,
liberty, or property, without due process of law.
SECTION 4 RIGHT OF PETITION AND ASSEMBLAGE. The right of
petition and of the people peaceably to assemble for the common
good shall never be abridged.
SECTION 5 FREEDOM OF SPEECH. Every person may freely speak,
write and publish on all subjects, being responsible for the abuse
of that right.
SECTION 6 OATHS - MODE OF ADMINISTERING. The mode of
administering an oath, or affirmation, shall be such as may be most
consistent with and binding upon the conscience of the person to
whom such oath, or affirmation, may be administered.
SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No
person shall be disturbed in his private affairs, or his home
invaded, without authority of law.
SECTION 8 IRREVOCABLE PRIVILEGE, FRANCHISE OR IMMUNITY
PROHIBITED. No law granting irrevocably any privilege, franchise or
immunity, shall be passed by the legislature.
SECTION 9 RIGHTS OF ACCUSED PERSONS. No person shall be
compelled in any criminal case to give evidence against himself, or
be twice put in jeopardy for the same offense.
SECTION 10 ADMINISTRATION OF JUSTICE. Justice in all cases shall
be administered openly, and without unnecessary delay.
SECTION 11 RELIGIOUS FREEDOM. Absolute freedom of conscience in
all matters of religious sentiment, belief and worship, shall be
guaranteed to every individual, and no one shall be molested or
disturbed in person or property on account of religion; but the
liberty of conscience hereby secured shall not be so construed as
to excuse acts of licentiousness or justify practices inconsistent
with the peace and safety of the state. No public money or
property shall be appropriated for or applied to any religious
worship, exercise or instruction, or the support of any religious
establishment: PROVIDED, HOWEVER, That this article shall not be so
construed as to forbid the employment by the state of a chaplain
for such of the state custodial, correctional, and mental
institutions, or by a county's or public hospital district's
hospital, health care facility, or hospice, as in the discretion of
the legislature may seem justified. No religious qualification
shall be required for any public office or employment, nor shall
any person be incompetent as a witness or juror, in consequence of
his opinion on matters of religion, nor be questioned in any court
of justice touching his religious belief to affect the weight of
his testimony. [AMENDMENT 88, 1993 House Joint Resolution No. 4200,
p 3062. Approved November 2, 1993.]
Amendment 34 (1957) - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom
of conscience in all matters of religious sentiment, belief and worship, shall
be guaranteed to every individual, and no one shall be molested or disturbed in
person or property on account of religion; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of licentiousness or justify
practices inconsistent with the peace and safety of the state. No public money
or property shall be appropriated for or applied to any religious worship,
exercise or instruction, or the support of any religious establishment:
Provided, however, That this article shall not be so construed as to forbid the
employment by the state of a chaplain for such of the state custodial,
correctional and mental institutions as in the discretion of the legislature may
seem justified. No religious qualification shall be required for any public
office or employment, nor shall any person be incompetent as a witness or juror,
in consequence of his opinion on matters of religion, nor be questioned in any
court of justice touching his religious belief to affect the weight of his
testimony. [AMENDMENT 34, 1957 Senate Joint Resolution No. 14, p 1299. Approved
November 4, 1958.]
Amendment 4 (1904) - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom
of conscience in all matters of religious sentiment, belief and worship, shall
be guaranteed to every individual, and no one shall be molested or disturbed in
person or property on account of religion; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of licentiousness or justify
practices inconsistent with the peace and safety of the state. No public money
or property shall be appropriated for or applied to any religious worship,
exercise or instruction, or the support of any religious establishment.
Provided, however, That this article shall not be so construed as to forbid the
employment by the state of a chaplain for the state penitentiary, and for such
of the state reformatories as in the discretion of the legislature may seem
justified. No religious qualification shall be required for any public office
or employment, nor shall any person be incompetent as a witness or juror, in
consequence of his opinion on matters of religion, nor be questioned in any court
of justice touching his religious belief to affect the weight of his testimony.
[AMENDMENT 4, 1903 p 283 Section 1. Approved November, 1904.]
Original text - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom of
conscience in all matters of religious sentiment, belief, and worship, shall be
guaranteed to every individual, and no one shall be molested or disturbed in
person, or property, on account of religion; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of licentiousness, or justify
practices inconsistent with the peace and safety of the state. No public money
or property shall be appropriated for, or applied to any religious worship,
exercise or instruction, or the support of any religious establishment. No
religious qualification shall be required for any public office, or employment,
nor shall any person be incompetent as a witness, or juror, in consequence of his
opinion on matters of religion, nor be questioned in any court of justice
touching his religious belief to affect the weight of his testimony.
SECTION 12 SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED. No law
shall be passed granting to any citizen, class of citizens, or
corporation other than municipal, privileges or immunities which
upon the same terms shall not equally belong to all citizens, or
corporations.
SECTION 13 HABEAS CORPUS. The privilege of the writ of habeas
corpus shall not be suspended, unless in case of rebellion or
invasion the public safety requires it.
SECTION 14 EXCESSIVE BAIL, FINES AND PUNISHMENTS. Excessive bail
shall not be required, excessive fines imposed, nor cruel
punishment inflicted.
SECTION 15 CONVICTIONS, EFFECT OF. No conviction shall work
corruption of blood, nor forfeiture of estate.
SECTION 16 EMINENT DOMAIN. Private property shall not be taken
for private use, except for private ways of necessity, and for
drains, flumes, or ditches on or across the lands of others for
agricultural, domestic, or sanitary purposes. No private property
shall be taken or damaged for public or private use without just
compensation having been first made, or paid into court for the
owner, and no right-of-way shall be appropriated to the use of any
corporation other than municipal until full compensation therefor
be first made in money, or ascertained and paid into court for the
owner, irrespective of any benefit from any improvement proposed by
such corporation, which compensation shall be ascertained by a
jury, unless a jury be waived, as in other civil cases in courts of
record, in the manner prescribed by law. Whenever an attempt is
made to take private property for a use alleged to be public, the
question whether the contemplated use be really public shall be a
judicial question, and determined as such, without regard to any
legislative assertion that the use is public: Provided, That the
taking of private property by the state for land reclamation and
settlement purposes is hereby declared to be for public
use.[AMENDMENT 9, 1919 p 385 Section 1. Approved November, 1920.]
Original text - Art. 1 Section 16 EMINENT DOMAIN - Private property shall not
be taken for private use, except for private ways of necessity, and for drains,
flumes or ditches on or across the lands of others for agricultural, domestic or
sanitary purposes. No private property shall be taken or damaged for public or
private use without just compensation having first been made, or paid into court
for the owner, and no right of way shall be appropriated to the use of any
corporation other than municipal, until full compensation therefor be first made
in money, or ascertained and paid into the court for the owner, irrespective of
any benefit from any improvement proposed by such corporation, which compensation
shall be ascertained by a jury, unless a jury be waived as in other civil cases
in courts of record, in the manner prescribed by law. Whenever an attempt is
made to take private property for a use alleged to be public, the question
whether the contemplated use be really public shall be a judicial question, and
determined as such without regard to any legislative assertion that the use is
public.
SECTION 17 IMPRISONMENT FOR DEBT. There shall be no imprisonment
for debt, except in cases of absconding debtors.
SECTION 18 MILITARY POWER, LIMITATION OF. The military shall be
in strict subordination to the civil power.
SECTION 19 FREEDOM OF ELECTIONS. All Elections shall be free and
equal, and no power, civil or military, shall at any time interfere
to prevent the free exercise of the right of suffrage.
SECTION 20 BAIL, WHEN AUTHORIZED. All persons charged with crime
shall be bailable by sufficient sureties, except for capital
offenses when the proof is evident, or the presumption great.
SECTION 21 TRIAL BY JURY. The right of trial by jury shall
remain inviolate, but the legislature may provide for a jury of any
number less than twelve in courts not of record, and for a verdict
by nine or more jurors in civil cases in any court of record, and
for waiving of the jury in civil cases where the consent of the
parties interested is given thereto.
SECTION 22 RIGHTS OF THE ACCUSED. In criminal prosecutions the
accused shall have the right to appear and defend in person, or by
counsel, to demand the nature and cause of the accusation against
him, to have a copy thereof, to testify in his own behalf, to meet
the witnesses against him face to face, to have compulsory process
to compel the attendance of witnesses in his own behalf, to have a
speedy public trial by an impartial jury of the county in which the
offense is charged to have been committed and the right to appeal
in all cases: Provided, The route traversed by any railway coach,
train or public conveyance, and the water traversed by any boat
shall be criminal districts; and the jurisdiction of all public
offenses committed on any such railway car, coach, train, boat or
other public conveyance, or at any station or depot upon such
route, shall be in any county through which the said car, coach,
train, boat or other public conveyance may pass during the trip or
voyage, or in which the trip or voyage may begin or terminate. In
no instance shall any accused person before final judgment be
compelled to advance money or fees to secure the rights herein
guaranteed. [AMENDMENT 10, 1921 p 79 Section 1. Approved
November, 1922.]
Original text - Art. 1 Section 22 RIGHTS OF ACCUSED PERSONS - In criminal
prosecution, the accused shall have the right to appear and defend in person, and
by counsel, to demand the nature and cause of the accusation against him, to have
a copy thereof, to testify in his own behalf, to meet the witnesses against him
face to face, to have compulsory process to compel the attendance of witnesses
in his own behalf, to have a speedy public trial by an impartial jury of the
county in which the offense is alleged to have been committed, and the right to
appeal in all cases; and, in no instance, shall any accused person before final
judgment be compelled to advance money or fees to secure the rights herein
guaranteed.
SECTION 23 BILL OF ATTAINDER, EX POST FACTO LAW, ETC. No bill of
attainder, ex post facto law, or law impairing the obligations of
contracts shall ever be passed.
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual
citizen to bear arms in defense of himself, or the state, shall not
be impaired, but nothing in this section shall be construed as
authorizing individuals or corporations to organize, maintain or
employ an armed body of men.
SECTION 25 PROSECUTION BY INFORMATION. Offenses heretofore
required to be prosecuted by indictment may be prosecuted by
information, or by indictment, as shall be prescribed by law.
SECTION 26 GRAND JURY. No grand jury shall be drawn or summoned
in any county, except the superior judge thereof shall so order.
SECTION 27 TREASON, DEFINED, ETC. Treason against the state
shall consist only in levying war against the state, or adhering to
its enemies, or in giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses to
the same overt act, or confession in open court.
SECTION 28 HEREDITARY PRIVILEGES ABOLISHED. No hereditary
emoluments, privileges, or powers, shall be granted or conferred in
this state.
SECTION 29 CONSTITUTION MANDATORY. The provisions of this
Constitution are mandatory, unless by express words they are
declared to be otherwise.
SECTION 30 RIGHTS RESERVED. The enumeration in this Constitution
of certain rights shall not be construed to deny others retained by
the people.
SECTION 31 STANDING ARMY. No standing army shall be kept up by
this state in time of peace, and no soldier shall in time of peace
be quartered in any house without the consent of its owner, nor in
time of war except in the manner prescribed by law.
SECTION 32 FUNDAMENTAL PRINCIPLES. A frequent recurrence to
fundamental principles is essential to the security of individual
right and the perpetuity of free government.
SECTION 33 RECALL OF ELECTIVE OFFICERS. Every elective public
officer of the state of Washington expect [except] judges of courts
of record is subject to recall and discharge by the legal voters of
the state, or of the political subdivision of the state, from which
he was elected whenever a petition demanding his recall, reciting
that such officer has committed some act or acts of malfeasance or
misfeasance while in office, or who has violated his oath of
office, stating the matters complained of, signed by the
percentages of the qualified electors thereof, hereinafter
provided, the percentage required to be computed from the total
number of votes cast for all candidates for his said office to
which he was elected at the preceding election, is filed with the
officer with whom a petition for nomination, or certificate for
nomination, to such office must be filed under the laws of this
state, and the same officer shall call a special election as
provided by the general election laws of this state, and the result
determined as therein provided. [AMENDMENT 8, 1911 p 504 Section 1.
Approved November, 1912.]
SECTION 34 SAME. The legislature shall pass the necessary laws
to carry out the provisions of section thirty-three (33) of this
article, and to facilitate its operation and effect without delay:
Provided, That the authority hereby conferred upon the legislature
shall not be construed to grant to the legislature any exclusive
power of lawmaking nor in any way limit the initiative and
referendum powers reserved by the people. The percentages required
shall be, state officers, other than judges, senators and
representatives, city officers of cities of the first class, school
district boards in cities of the first class; county officers of
counties of the first, second and third classes, twenty-five per
cent. Officers of all other political subdivisions, cities, towns,
townships, precincts and school districts not herein mentioned, and
state senators and representatives, thirty-five per cent.
[AMENDMENT 8, 1911 p 504 Section 1. Approved November, 1912.]
SECTION 35 VICTIMS OF CRIMES - RIGHTS. Effective law enforcement
depends on cooperation from victims of crime. To ensure victims a
meaningful role in the criminal justice system and to accord them
due dignity and respect, victims of crime are hereby granted the
following basic and fundamental rights.
Upon notifying the prosecuting attorney, a victim of a crime
charged as a felony shall have the right to be informed of and,
subject to the discretion of the individual presiding over the
trial or court proceedings, attend trial and all other court
proceedings the defendant has the right to attend, and to make a
statement at sentencing and at any proceeding where the defendant's
release is considered, subject to the same rules of procedure which
govern the defendant's rights. In the event the victim is
deceased, incompetent, a minor, or otherwise unavailable, the
prosecuting attorney may identify a representative to appear to
exercise the victim's rights. This provision shall not constitute
a basis for error in favor of a defendant in a criminal proceeding
nor a basis for providing a victim or the victim's representative
with court appointed counsel. [AMENDMENT 84, 1989 Senate Joint
Resolution No. 8200, p 2999. Approved November 7, 1989.]
ARTICLE II
LEGISLATIVE DEPARTMENT
SECTION 1 LEGISLATIVE POWERS, WHERE VESTED. The legislative
authority of the state of Washington shall be vested in the
legislature, consisting of a senate and house of representatives,
which shall be called the legislature of the state of Washington,
but the people reserve to themselves the power to propose bills,
laws, and to enact or reject the same at the polls, independent of
the legislature, and also reserve power, at their own option, to
approve or reject at the polls any act, item, section, or part of
any bill, act, or law passed by the legislature.
(a) Initiative: The first power reserved by the people is the
initiative. Every such petition shall include the full text of the
measure so proposed. In the case of initiatives to the legislature
and initiatives to the people, the number of valid signatures of
legal voters required shall be equal to eight percent of the votes
cast for the office of governor at the last gubernatorial election
preceding the initial filing of the text of the initiative measure
with the secretary of state.
Initiative petitions shall be filed with the secretary of state
not less than four months before the election at which they are to
be voted upon, or not less than ten days before any regular session
of the legislature. If filed at least four months before the
election at which they are to be voted upon, he shall submit the
same to the vote of the people at the said election. If such
petitions are filed not less than ten days before any regular
session of the legislature, he shall certify the results within
forty days of the filing. If certification is not complete by the
date that the legislature convenes, he shall provisionally certify
the measure pending final certification of the measure. Such
initiative measures, whether certified or provisionally certified,
shall take precedence over all other measures in the legislature
except appropriation bills and shall be either enacted or rejected
without change or amendment by the legislature before the end of
such regular session. If any such initiative measures shall be
enacted by the legislature it shall be subject to the referendum
petition, or it may be enacted and referred by the legislature to
the people for approval or rejection at the next regular election.
If it is rejected or if no action is taken upon it by the
legislature before the end of such regular session, the secretary
of state shall submit it to the people for approval or rejection at
the next ensuing regular general election. The legislature may
reject any measure so proposed by initiative petition and propose
a different one dealing with the same subject, and in such event
both measures shall be submitted by the secretary of state to the
people for approval or rejection at the next ensuing regular
general election. When conflicting measures are submitted to the
people the ballots shall be so printed that a voter can express
separately by making one cross (X) for each, two preferences,
first, as between either measure and neither, and secondly, as
between one and the other. If the majority of those voting on the
first issue is for neither, both fail, but in that case the votes
on the second issue shall nevertheless be carefully counted and
made public. If a majority voting on the first issue is for
either, then the measure receiving a majority of the votes on the
second issue shall be law.
(b) Referendum. The second power reserved by the people is the
referendum, and it may be ordered on any act, bill, law, or any
part thereof passed by the legislature, except such laws as may be
necessary for the immediate preservation of the public peace,
health or safety, support of the state government and its existing
public institutions, either by petition signed by the required
percentage of the legal voters, or by the legislature as other
bills are enacted: Provided, That the legislature may not order a
referendum on any initiative measure enacted by the legislature
under the foregoing subsection (a). The number of valid signatures
of registered voters required on a petition for referendum of an
act of the legislature or any part thereof, shall be equal to or
exceeding four percent of the votes cast for the office of governor
at the last gubernatorial election preceding the filing of the text
of the referendum measure with the secretary of state.
(c) No act, law, or bill subject to referendum shall take effect
until ninety days after the adjournment of the session at which it
was enacted. No act, law, or bill approved by a majority of the
electors voting thereon shall be amended or repealed by the
legislature within a period of two years following such enactment:
Provided, That any such act, law, or bill may be amended within
two years after such enactment at any regular or special session of
the legislature by a vote of two-thirds of all the members elected
to each house with full compliance with section 12, Article III, of
the Washington Constitution, and no amendatory law adopted in
accordance with this provision shall be subject to referendum. But
such enactment may be amended or repealed at any general regular or
special election by direct vote of the people thereon.
(d) The filing of a referendum petition against one or more
items, sections, or parts of any act, law, or bill shall not delay
the remainder of the measure from becoming operative. Referendum
petitions against measures passed by the legislature shall be filed
with the secretary of state not later than ninety days after the
final adjournment of the session of the legislature which passed
the measure on which the referendum is demanded. The veto power of
the governor shall not extend to measures initiated by or referred
to the people. All elections on measures referred to the people of
the state shall be had at the next succeeding regular general
election following the filing of the measure with the secretary of
state, except when the legislature shall order a special election.
Any measure initiated by the people or referred to the people as
herein provided shall take effect and become the law if it is
approved by a majority of the votes cast thereon: Provided, That
the vote cast upon such question or measure shall equal one-third
of the total votes cast at such election and not otherwise. Such
measure shall be in operation on and after the thirtieth day after
the election at which it is approved. The style of all bills
proposed by initiative petition shall be: "Be it enacted by the
people of the State of Washington." This section shall not be
construed to deprive any member of the legislature of the right to
introduce any measure. All such petitions shall be filed with the
secretary of state, who shall be guided by the general laws in
submitting the same to the people until additional legislation
shall especially provide therefor. This section is self-executing,
but legislation may be enacted especially to facilitate its
operation.
(e) The legislature shall provide methods of publicity of all
laws or parts of laws, and amendments to the Constitution referred
to the people with arguments for and against the laws and
amendments so referred. The secretary of state shall send one copy
of the publication to each individual place of residence in the
state and shall make such additional distribution as he shall
determine necessary to reasonably assure that each voter will have
an opportunity to study the measures prior to election. [AMENDMENT
72, 1981 Substitute Senate Joint Resolution No. 133, p 1796.
Approved November 3, 1981.]
Referendum procedures regarding salaries: Art. 28 Section 1.
Amendment 7 (1911) - Art. 2 Section 1 Legislative Powers, Where Vested - The
legislative authority of the state of Washington shall be vested in the
legislature, consisting of a senate and house of representatives, which shall be
called the legislature of the state of Washington, but the people reserve to
themselves the power to propose bills, laws, and to enact or reject the same at
the polls, independent of the legislature, and also reserve power, at their own
option, to approve or reject at the polls any act, item, section or part of any
bill, act or law passed by the legislature.
(a) Initiative: The first power reserved by the people is the initiative.
Ten per centum, but in no case more than fifty thousand, of the legal voters
shall be required to propose any measure by such petition, and every such
petition shall include the full text of the measure so proposed. [Note:
Signature requirements were superseded by Art. 2 Sec. 1(a), AMENDMENT 30.]
Initiative petitions shall be filed with the secretary of state not less than
four months before the election at which they are to be voted upon, or not less
than ten days before any regular session of the legislature. If filed at least
four months before the election at which they are to be voted upon, he shall
submit the same to the vote of the people at the said election. If such
petitions are filed not less than ten days before any regular session of the
legislature, he shall transmit the same to the legislature as soon as it convenes
and organizes. Such initiative measure shall take precedence over all other
measures in the legislature except appropriation bills and shall be either
enacted or rejected without change or amendment by the legislature before the end
of such regular session. If any such initiative measures shall be enacted by the
legislature it shall be subject to the referendum petition, or it may be enacted
and referred by the legislature to the people for approval or rejection at the
next regular election. If it is rejected or if no action is taken upon it by the
legislature before the end of such regular session, the secretary of state shall
submit it to the people for approval or rejection at the next ensuing regular
general election. The legislature may reject any measure so proposed by
initiative petition and propose a different one dealing with the same subject,
and in such event both measures shall be submitted by the secretary of state to
the people for approval or rejection at the next ensuing regular general
election. When conflicting measures are submitted to the people the ballots
shall be so printed that a voter can express separately by making one cross (X)
for each, two preferences, first, as between either measure and neither, and
secondly, as between one and the other. If the majority of those voting on the
first issue is for neither, both fail, but in that case the votes on the second
issue shall nevertheless be carefully counted and made public. If a majority
voting on the first issue is for either, then the measure receiving a majority
of the votes on the second issue shall be law.
(b) Referendum. The second power reserved by the people is the referendum,
and it may be ordered on any act, bill, law, or any part thereof passed by the
legislature, except such laws as may be necessary for the immediate preservation
of the public peace, health or safety, support of the state government and its
existing public institutions, either by petition signed by the required
percentage of the legal voters, or by the legislature as other bills are enacted.
Six per centum, but in no case more than thirty thousand, of the legal voters
shall be required to sign and make a valid referendum petition. [Note:
Signature requirements were superseded by Art. 2 Sec. 1(a), AMENDMENT 30.]
(c) No act, law, or bill subject to referendum shall take effect until
ninety days after the adjournment of the session at which it was enacted. No
act, law, or bill approved by a majority of the electors voting thereon shall be
amended or repealed by the legislature within a period of two years following
such enactment. But such enactment may be amended or repealed at any general
regular or special election by direct vote of the people thereon. [Note:
Subsection (c) was expressly superseded by Art. 2 Sec. 41, AMENDMENT 26.]
(d) The filing of a referendum petition against one or more items, sections
or parts of any act, law or bill shall not delay the remainder of the measure
from becoming operative. Referendum petitions against measures passed by the
legislature shall be filed with the secretary of state not later than ninety days
after the final adjournment of the session of the legislature which passed the
measure on which the referendum is demanded. The veto power of the governor
shall not extend to measures initiated by or referred to the people. All
elections on measures referred to the people of the state shall be had at the
biennial regular elections, except when the legislature shall order a special
election. Any measure initiated by the people or referred to the people as
herein provided shall take effect and become the law if it is approved by a
majority of the votes cast thereon: Provided, That the vote cast upon such
question or measure shall equal one-third of the total votes cast at such
election and not otherwise. Such measure shall be in operation on and after the
thirtieth day after the election at which it is approved. The style of all bills
proposed by initiative petition shall be: "Be it enacted by the people of the
State of Washington." This section shall not be construed to deprive any member
of the legislature of the right to introduce any measure. The whole number of
electors who voted for governor at the regular gubernatorial election last
preceding the filing of any petition for the initiative or for the referendum
shall be the basis on which the number of legal voters necessary to sign such
petition shall be counted. [Note: Cf. Art. 2 Sec. 1(a), AMENDMENT 30.] All such
petitions shall be filed with the secretary of state, who shall be guided by the
general laws in submitting the same to the people until additional legislation
shall especially provide therefor. This section is self-executing, but
legislation may be enacted especially to facilitate its operation.
The legislature shall provide methods of publicity of all laws or parts of
laws, and amendments to the Constitution referred to the people with arguments
for and against the laws and amendments so referred, so that each voter of the
state shall receive the publication at least fifty days before the election at
which they are to be voted upon. [Note: This paragraph was expressly superseded
by subsection (e) of this section, which was added by AMENDMENT 36.]
(e) The legislature shall provide methods of publicity of all laws or parts
of laws, and amendments to the Constitution referred to the people with arguments
for and against the laws and amendments so referred. The secretary of state
shall send one copy of the publication to each individual place of residence in
the state and shall make such additional distribution as he shall determine
necessary to reasonably assure that each voter will have an opportunity to study
the measures prior to election. These provisions supersede the provisions set
forth in the last paragraph of section 1 of this article as amended by the
seventh amendment to the Constitution of this state. [AMENDMENT 7, 1911 House
Bill No. 153 p 136. Approved November, 1912; Subsection (e) added by AMENDMENT
36, 1961 Senate Joint Resolution No. 9, p 2751. Approved November, 1962.]
Original text - Art. 2 Section 1 LEGISLATIVE POWERS, WHERE VESTED -The
legislative powers shall be vested in a senate and house of representatives,
which shall be called the legislature of the State of Washington.
Note: Art. 2 Sec. 31 was also stricken by AMENDMENT 7.
SECTION 1(a) INITIATIVE AND REFERENDUM, SIGNATURES REQUIRED.
[Stricken by AMENDMENT 72, 1981 Substitute Senate Joint Resolution
No. 133, p 1796. Approved November 3, 1981.]
Amendment 30 (1956) - Art. 2 Section 1(a) INITIATIVE AND REFERENDUM,
SIGNATURES REQUIRED - Hereafter, the number of valid signatures of legal voters
required upon a petition for an initiative measure shall be equal to eight per
centum of the number of voters registered and voting for the office of governor
at the last preceding regular gubernatorial election. Hereafter, the number of
valid signatures of legal voters required upon a petition for a referendum of an
act of the legislature or any part thereof, shall be equal to four per centum of
the number of voters registered and voting for the office of governor at the last
preceding regular gubernatorial election. These provisions supersede the
requirements specified in section 1 of this article as amended by the seventh
amendment to the Constitution of this state. [AMENDMENT 30, 1955 Senate Joint
Resolution No. 4, p 1860. Approved November 6, 1956.]
SECTION 2 HOUSE OF REPRESENTATIVES AND SENATE. The house of
representatives shall be composed of not less than sixty-three nor
more than ninety-nine members. The number of senators shall not be
more than one-half nor less than one-third of the number of members
of the house of representatives. The first legislature shall be
composed of seventy members of the house of representatives, and
thirty-five senators.
SECTION 3 THE CENSUS. [Repealed by AMENDMENT 74, 1983
Substitute Senate Joint Resolution No. 103, p 2202. Approved
November 8, 1983.]
Original text - Art. 2 Section 3 THE CENSUS - The legislature shall provide
by law for an enumeration of the inhabitants of the state in the year one
thousand eight hundred and ninety-five and every ten years thereafter; and at the
first session after such enumeration, and also after each enumeration made by the
authority of the United States, the legislature shall apportion and district anew
the members of the senate and house of representatives, according to the number
of inhabitants, excluding Indians not taxed, soldiers, sailors and officers of
the United States army and navy in active service.
SECTION 4 ELECTION OF REPRESENTATIVES AND TERM OF OFFICE.
Members of the house of representatives shall be elected in the
year eighteen hundred and eighty-nine at the time and in the manner
provided by this Constitution, and shall hold their offices for the
term of one year and until their successors shall be elected.
SECTION 5 ELECTIONS, WHEN TO BE HELD. The next election of the
members of the house of representatives after the adoption of this
Constitution shall be on the first Tuesday after the first Monday
of November, eighteen hundred and ninety, and thereafter, members
of the house of representatives shall be elected biennially and
their term of office shall be two years; and each election shall be
on the first Tuesday after the first Monday in November, unless
otherwise changed by law.
SECTION 6 ELECTION AND TERM OF OFFICE OF SENATORS. After the
first election the senators shall be elected by single districts of
convenient and contiguous territory, at the same time and in the
same manner as members of the house of representatives are required
to be elected; and no representative district shall be divided in
the formation of a senatorial district. They shall be elected for
the term of four years, one-half of their number retiring every two
years. The senatorial districts shall be numbered consecutively,
and the senators chosen at the first election had by virtue of this
Constitution, in odd numbered districts, shall go out of office at
the end of the first year; and the senators, elected in the even
numbered districts, shall go out of office at the end of the third
year.
SECTION 7 QUALIFICATIONS OF LEGISLATORS. No person shall be
eligible to the legislature who shall not be a citizen of the
United States and a qualified voter in the district for which he is
chosen.
SECTION 8 JUDGES OF THEIR OWN ELECTION AND QUALIFICATION -
QUORUM. Each house shall be the judge of the election, returns and
qualifications of its own members, and a majority of each house
shall constitute a quorum to do business; but a smaller number may
adjourn from day to day and may compel the attendance of absent
members, in such manner and under such penalties as each house may
provide.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 9 RULES OF PROCEDURE. Each house may determine the rules
of its own proceedings, punish for contempt and disorderly
behavior, and, with the concurrence of two-thirds of all the
members elected, expel a member, but no member shall be expelled a
second time for the same offense.
SECTION 10 ELECTION OF OFFICERS. Each house shall elect its own
officers; and when the lieutenant governor shall not attend as
president, or shall act as governor, the senate shall choose a
temporary president. When presiding, the lieutenant governor shall
have the deciding vote in case of an equal division of the senate.
SECTION 11 JOURNAL, PUBLICITY OF MEETINGS - ADJOURNMENTS. Each
house shall keep a journal of its proceedings and publish the same,
except such parts as require secrecy. The doors of each house
shall be kept open, except when the public welfare shall require
secrecy. Neither house shall adjourn for more than three days, nor
to any place other than that in which they may be sitting, without
the consent of the other.
SECTION 12 SESSIONS, WHEN - DURATION. (1) Regular Sessions. A
regular session of the legislature shall be convened each year.
Regular sessions shall convene on such day and at such time as the
legislature shall determine by statute. During each odd-numbered
year, the regular session shall not be more than one hundred five
consecutive days. During each even-numbered year, the regular
session shall not be more than sixty consecutive days.
(2) Special Legislative Sessions. Special legislative sessions
may be convened for a period of not more than thirty consecutive
days by proclamation of the governor pursuant to Article III,
section 7 of this Constitution. Special legislative sessions may
also be convened for a period of not more than thirty consecutive
days by resolution of the legislature upon the affirmative vote in
each house of two-thirds of the members elected or appointed
thereto, which vote may be taken and resolution executed either
while the legislature is in session or during any interim between
sessions in accordance with such procedures as the legislature may
provide by law or resolution. The resolution convening the
legislature shall specify a purpose or purposes for the convening
of a special session, and any special session convened by the
resolution shall consider only measures germane to the purpose or
purposes expressed in the resolution, unless by resolution adopted
during the session upon the affirmative vote in each house of
two-thirds of the members elected or appointed thereto, an
additional purpose or purposes are expressed. The specification of
purpose by the governor pursuant to Article III, section 7 of this
Constitution shall be considered by the legislature but shall not
be mandatory.
(3) Committees of the Legislature. Standing and special
committees of the legislature shall meet and conduct official
business pursuant to such rules as the legislature may adopt.
[AMENDMENT 68, 1979 Substitute Senate Joint Resolution No. 110, p
2286. Approved November 6, 1979.]
Extraordinary sessions to reconsider vetoes: Art. 3 Section 12.
Sessions to convene on the second Monday in January: RCW 44.04.010.
Original text - Art. 2 Section 12 SESSIONS, WHEN - DURATION - The first
legislature shall meet on the first Wednesday after the first Monday in November,
A. D., 1889. The second legislature shall meet on the first Wednesday after the
first Monday in January, A. D., 1891, and sessions of the legislature shall be
held biennially thereafter, unless specially convened by the governor, but the
times of meeting of subsequent sessions may be changed by the legislature. After
the first legislature the sessions shall not be more than sixty days.
SECTION 13 LIMITATION ON MEMBERS HOLDING OFFICE IN THE STATE.
No member of the legislature, during the term for which he is
elected, shall be appointed or elected to any civil office in the
state, which shall have been created during the term for which he
was elected. Any member of the legislature who is appointed or
elected to any civil office in the state, the emoluments of which
have been increased during his legislative term of office, shall be
compensated for the initial term of the civil office at the level
designated prior to the increase in emoluments. [AMENDMENT 69,
1979 Senate Joint Resolution No. 112, p 2287. Approved November 6,
1979.]
Original text - Art 2 Section 13 LIMITATION ON MEMBERS HOLDING OFFICE IN THE
STATE - No member of the legislature, during the term for which he is elected,
shall be appointed or elected to any civil office in the state, which shall have
been created, or the emoluments of which shall have been increased, during the
term for which he was elected.
SECTION 14 SAME, FEDERAL OR OTHER OFFICE. No person, being a
member of congress, or holding any civil or military office under
the United States or any other power, shall be eligible to be a
member of the legislature; and if any person after his election as
a member of the legislature, shall be elected to congress or be
appointed to any other office, civil or military, under the
government of the United States, or any other power, his acceptance
thereof shall vacate his seat, provided, that officers in the
militia of the state who receive no annual salary, local officers
and postmasters, whose compensation does not exceed three hundred
dollars per annum, shall not be ineligible.
SECTION 15 VACANCIES IN LEGISLATURE AND IN PARTISAN COUNTY
ELECTIVE OFFICE. Such vacancies as may occur in either house of the
legislature or in any partisan county elective office shall be
filled by appointment by the board of county commissioners of the
county in which the vacancy occurs: Provided, That the person
appointed to fill the vacancy must be from the same legislative
district, county or county commissioner district and the same
political party as the legislator or partisan county elective
officer whose office has been vacated, and shall be one of three
persons who shall be nominated by the county central committee of
that party, and in case a majority of said county commissioners do
not agree upon the appointment within sixty days after the vacancy
occurs, the governor shall within thirty days thereafter, and from
the list of nominees provided for herein, appoint a person who
shall be from the same legislative district, county or county
commissioner district and of the same political party as the
legislator or partisan county elective officer whose office has
been vacated, and the person so appointed shall hold office until
his successor is elected at the next general election, and shall
have qualified: Provided, That in case of a vacancy occurring in
the office of joint senator, or joint representative, the vacancy
shall be filled from a list of three nominees selected by the state
central committee, by appointment by the joint action of the boards
of county commissioners of the counties composing the joint
senatorial or joint representative district, the person appointed
to fill the vacancy must be from the same legislative district and
of the same political party as the legislator whose office has been
vacated, and in case a majority of said county commissioners do not
agree upon the appointment within sixty days after the vacancy
occurs, the governor shall within thirty days thereafter, and from
the list of nominees provided for herein, appoint a person who
shall be from the same legislative district and of the same
political party as the legislator whose office has been vacated.
[AMENDMENT 52, part, 1967 Senate Joint Resolution No. 24, part; see
1969 p 2976. Approved November 5, 1968.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Vacancies in county, etc., offices, how filled: Art. 11 Section 6.
Amendment 32 (1956) - Art. 2 Section 15 VACANCIES IN LEGISLATURE AND IN
PARTISAN COUNTY ELECTIVE OFFICE - Such vacancies as may occur in either house of
the legislature or in any partisan county elective office shall be filled by
appointment by the board of county commissioners of the county in which the
vacancy occurs: Provided, That the person appointed to fill the vacancy must be
from the same legislative district and the same political party as the legislator
whose office has been vacated, and shall be one of three persons who shall be
nominated by the county central committee of that party, and the person so
appointed shall hold office until his successor is elected at the next general
election, and shall have qualified: Provided, That in case of a vacancy
occurring in the office of joint senator, or joint representative, the vacancy
shall be filled from a list of three nominees selected by the state central
committee, by appointment by the joint action of the boards of county
commissioners of the counties composing the joint senatorial or joint
representative district, the person appointed to fill the vacancy must be from
the same legislative district and of the same political party as the legislator
whose office has been vacated, and in case a majority of said county
commissioners do not agree upon the appointment within sixty days after the
vacancy occurs, the governor shall within thirty days thereafter, and from the
list of nominees provided for herein, appoint a person who shall be from the same
legislative district and of the same political party as the legislator whose
office has been vacated. [AMENDMENT 32, 1955 Senate Joint Resolution No. 14, p
1862. Approved November 6, 1956.]
Amendment 13 (1930)--Art. 2 Section 15 VACANCIES IN LEGISLATURE - Such
vacancies as may occur in either house of the legislature shall be filled by
appointment by the board of county commissioners of the county in which the
vacancy occurs, and the person so appointed shall hold office until his successor
is elected at the next general election, and shall have qualified: Provided,
That in case of a vacancy occurring in the office of joint senator, the vacancy
shall be filled by appointment by the joint action of the boards of county
commissioners of the counties composing the joint senatorial district. [AMENDMENT
13, 1929 p 690. Approved November, 1930.]
Original text - Art. 2 Section 15 WRITS OF ELECTION TO FILL VACANCIES - The
governor shall issue writs of election to fill such vacancies as may occur in
either house of the legislature.
SECTION 16 PRIVILEGES FROM ARREST. Members of the legislature
shall be privileged from arrest in all cases except treason, felony
and breach of the peace; they shall not be subject to any civil
process during the session of the legislature, nor for fifteen days
next before the commencement of each session.
SECTION 17 FREEDOM OF DEBATE. No member of the legislature shall
be liable in any civil action or criminal prosecution whatever, for
words spoken in debate.
SECTION 18 STYLE OF LAWS. The style of the laws of the state
shall be: "Be it enacted by the Legislature of the State of
Washington." And no laws shall be enacted except by bill.
SECTION 19 BILL TO CONTAIN ONE SUBJECT. No bill shall embrace
more than one subject, and that shall be expressed in the title.
SECTION 20 ORIGIN AND AMENDMENT OF BILLS. Any bill may originate
in either house of the legislature, and a bill passed by one house
may be amended in the other.
SECTION 21 YEAS AND NAYS. The yeas and nays of the members of
either house shall be entered on the journal, on the demand of
one-sixth of the members present.
SECTION 22 PASSAGE OF BILLS. No bill shall become a law unless
on its final passage the vote be taken by yeas and nays, the names
of the members voting for and against the same be entered on the
journal of each house, and a majority of the members elected to
each house be recorded thereon as voting in its favor.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 23 COMPENSATION OF MEMBERS. Each member of the
legislature shall receive for his services five dollars for each
day's attendance during the session, and ten cents for every mile
he shall travel in going to and returning from the place of meeting
of the legislature, on the most usual route.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 24 LOTTERIES AND DIVORCE. The legislature shall never
grant any divorce. Lotteries shall be prohibited except as
specifically authorized upon the affirmative vote of sixty percent
of the members of each house of the legislature or, notwithstanding
any other provision of this Constitution, by referendum or
initiative approved by a sixty percent affirmative vote of the
electors voting thereon. [AMENDMENT 56, 1971 Senate Joint
Resolution No. 5, p 1828. Approved November 7, 1972.]
Original text - Art. 2 Section 24 LOTTERIES AND DIVORCE - The legislature
shall never authorize any lottery or grant any divorce.
SECTION 25 EXTRA COMPENSATION PROHIBITED. The legislature shall
never grant any extra compensation to any public officer, agent,
employee, servant, or contractor, after the services shall have
been rendered, or the contract entered into, nor shall the
compensation of any public officer be increased or diminished
during his term of office. Nothing in this section shall be deemed
to prevent increases in pensions after such pensions shall have
been granted. [AMENDMENT 35, 1957 Senate Joint Resolution No. 18,
p 1301. Approved November 4, 1958.]
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1.
Increase during term of certain officers, authorized: Art. 30 Section 1.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 Section 8.
judicial officers: Art. 4 Section 13.
state officers: Art. 3 Section 25.
Original text - Art. 2 Section 25 EXTRA COMPENSATION, PROHIBITED - The
legislature shall never grant any extra compensation to any public officer,
agent, servant, or contractor, after the services shall have been rendered, or
the contract entered into, nor shall the compensation of any public officer be
increased or diminished during his term of office.
SECTION 26 SUITS AGAINST THE STATE. The legislature shall direct
by law, in what manner, and in what courts, suits may be brought
against the state.
SECTION 27 ELECTIONS - VIVA VOCE VOTE. In all elections by the
legislature the members shall vote viva voce, and their votes shall
be entered on the journal.
SECTION 28 SPECIAL LEGISLATION. The legislature is prohibited
from enacting any private or special laws in the following cases:
1. For changing the names of persons, or constituting one person
the heir at law of another.
2. For laying out, opening or altering highways, except in cases
of state roads extending into more than one county, and military
roads to aid in the construction of which lands shall have been or
may be granted by congress.
3. For authorizing persons to keep ferries wholly within this
state.
4. For authorizing the sale or mortgage of real or personal
property of minors, or others under disability.
5. For assessment or collection of taxes, or for extending the
time for collection thereof.
6. For granting corporate powers or privileges.
7. For authorizing the apportionment of any part of the school
fund.
8. For incorporating any town or village or to amend the charter
thereof.
9. From giving effect to invalid deeds, wills or other
instruments.
10. Releasing or extinguishing in whole or in part, the
indebtedness, liability or other obligation, of any person, or
corporation to this state, or to any municipal corporation therein.
11. Declaring any person of age or authorizing any minor to sell,
lease, or encumber his or her property.
12. Legalizing, except as against the state, the unauthorized or
invalid act of any officer.
13. Regulating the rates of interest on money.
14. Remitting fines, penalties or forfeitures.
15. Providing for the management of common schools.
16. Authorizing the adoption of children.
17. For limitation of civil or criminal actions.
18. Changing county lines, locating or changing county seats,
provided, this shall not be construed to apply to the creation of
new counties.
Corporations for municipal purposes shall not be created by special laws: Art.
11 Section 10.
SECTION 29 CONVICT LABOR. After the first day of January
eighteen hundred and ninety the labor of convicts of this state
shall not be let out by contract to any person, copartnership,
company or corporation, and the legislature shall by law provide
for the working of convicts for the benefit of the state.
SECTION 30 BRIBERY OR CORRUPT SOLICITATION. The offense of
corrupt solicitation of members of the legislature, or of public
officers of the state or any municipal division thereof, and any
occupation or practice of solicitation of such members or officers
to influence their official action, shall be defined by law, and
shall be punished by fine and imprisonment. Any person may be
compelled to testify in any lawful investigation or judicial
proceeding against any person who may be charged with having
committed the offense of bribery or corrupt solicitation, or
practice of solicitation, and shall not be permitted to withhold
his testimony on the ground that it may criminate himself or
subject him to public infamy, but such testimony shall not
afterwards be used against him in any judicial proceeding - except
for perjury in giving such testimony - and any person convicted of
either of the offenses aforesaid, shall as part of the punishment
therefor, be disqualified from ever holding any position of honor,
trust or profit in this state. A member who has a private interest
in any bill or measure proposed or pending before the legislature,
shall disclose the fact to the house of which he is a member, and
shall not vote thereon.
SECTION 31 LAWS, WHEN TO TAKE EFFECT. [This section stricken by
AMENDMENT 7, 1911 House Bill No. 153, p 136. Approved November,
1912.]
Original text - Art. 2 Section 31 LAWS, WHEN TO TAKE EFFECT - No law, except
appropriation bills, shall take effect until ninety days after the adjournment
of the session at which it was enacted, unless in case of an emergency (which
emergency must be expressed in the preamble or in the body of the act) the
legislature shall otherwise direct by a vote of two-thirds of all the members
elected to each house; said vote to be taken by yeas and nays and entered on the
journals.
Effective dates of laws: Art. 2 Sections 1 and 41.
SECTION 32 LAWS, HOW SIGNED. No bill shall become a law until
the same shall have been signed by the presiding officer of each of
the two houses in open session, and under such rules as the
legislature shall prescribe.
SECTION 33 ALIEN OWNERSHIP. [Repealed by AMENDMENT 42, 1965
ex.s. Senate Joint Resolution No. 20, p 2816. Approved November 8,
1966.]
Amendment 29 (1954) - Art. 2 Section 33 ALIEN OWNERSHIP - The ownership of
lands by aliens, other than those who in good faith have declared their intention
to become citizens of the United States, is prohibited in this state, except
where acquired by inheritance, under mortgage or in good faith in the ordinary
course of justice in the collection of debts; and all conveyances of lands
hereafter made to any alien directly, or in trust for such alien, shall be void:
Provided, That the provisions of this section shall not apply to lands containing
valuable deposits of minerals, metals, iron, coal, or fire clay, and the
necessary land for mills and machinery to be used in the development thereof and
the manufacture of the products therefrom: And provided further, That the
provisions of this section shall not apply to the citizens of such of the
Provinces of the Dominion of Canada as do not expressly or by implication
prohibit ownership of provincial lands by citizens of this state. [AMENDMENT 29,
1953 House Joint Resolution No. 16, p 853. Approved November 2, 1954.]
Amendment 24 (1950) - Art. 2 Section 33 ALIEN OWNERSHIP - The ownership of
lands by aliens, other than those who in good faith have declared their intention
to become citizens of the United States, is prohibited in this state, except
where acquired by inheritance, under mortgage or in good faith in the ordinary
course of justice in the collection of debts; and all conveyances of lands
hereafter made to any alien directly, or in trust for such alien, shall be void:
Provided, That the provisions of this section shall not apply to lands containing
valuable deposits of minerals, metals, iron, coal, or fire clay, and the
necessary land for mills and machinery to be used in the development thereof and
the manufacture of the products therefrom: And provided further, That the
provisions of this section shall not apply to the citizens of such of the
Provinces of the Dominion of Canada as do not expressly or by implication
prohibit ownership of provincial lands by citizens of this state. Every
corporation, the majority of the capital stock of which is owned by aliens, shall
be considered an alien for the purposes of this prohibition. [AMENDMENT 24, 1949
Senate Joint Resolution No. 9, p 999. Approved November, 1950.]
Original text - Art. 2 Section 33 OWNERSHIP OF LANDS BY ALIENS, PROHIBITED -
Exceptions - The ownership of lands by aliens, other than those who in good
faith have declared their intention to become citizens of the United States, is
prohibited in this state, except where acquired by inheritance, under mortgage
or in good faith in the ordinary course of justice in the collection of debts;
and all conveyances of lands hereafter made to any alien directly or in trust for
such alien shall be void: Provided, That the provisions of this section shall
not apply to lands containing valuable deposits of minerals, metals, iron, coal,
or fire-clay, and the necessary land for mills and machinery to be used in the
development thereof and the manufacture of the products therefrom. Every
corporation, the majority of the capital stock of which is owned by aliens, shall
be considered on alien for the purposes of this prohibition.
SECTION 34 BUREAU OF STATISTICS, AGRICULTURE AND IMMIGRATION.
There shall be established in the office of the secretary of state,
a bureau of statistics, agriculture and immigration, under such
regulations as the legislature may provide.
SECTION 35 PROTECTION OF EMPLOYEES. The legislature shall pass
necessary laws for the protection of persons working in mines,
factories and other employments dangerous to life or deleterious to
health; and fix pains and penalties for the enforcement of the
same.
SECTION 36 WHEN BILLS MUST BE INTRODUCED. No bill shall be
considered in either house unless the time of its introduction
shall have been at least ten days before the final adjournment of
the legislature, unless the legislature shall otherwise direct by
a vote of two-thirds of all the members elected to each house, said
vote to be taken by yeas and nays and entered upon the journal, or
unless the same be at a special session.
SECTION 37 REVISION OR AMENDMENT. No act shall ever be revised
or amended by mere reference to its title, but the act revised or
the section amended shall be set forth at full length.
SECTION 38 LIMITATION ON AMENDMENTS. No amendment to any bill
shall be allowed which shall change the scope and object of the
bill.
SECTION 39 FREE TRANSPORTATION TO PUBLIC OFFICER PROHIBITED. It
shall not be lawful for any person holding public office in this
state to accept or use a pass or to purchase transportation from
any railroad or other corporation, other than as the same may be
purchased by the general public, and the legislature shall pass
laws to enforce this provision.
SECTION 40 HIGHWAY FUNDS. All fees collected by the State of
Washington as license fees for motor vehicles and all excise taxes
collected by the State of Washington on the sale, distribution or
use of motor vehicle fuel and all other state revenue intended to
be used for highway purposes, shall be paid into the state treasury
and placed in a special fund to be used exclusively for highway
purposes. Such highway purposes shall be construed to include the
following:
(a) The necessary operating, engineering and legal expenses
connected with the administration of public highways, county roads
and city streets;
(b) The construction, reconstruction, maintenance, repair, and
betterment of public highways, county roads, bridges and city
streets; including the cost and expense of (1) acquisition of
rights-of-way, (2) installing, maintaining and operating traffic
signs and signal lights, (3) policing by the state of public
highways, (4) operation of movable span bridges, (5) operation of
ferries which are a part of any public highway, county road, or
city street;
(c) The payment or refunding of any obligation of the State of
Washington, or any political subdivision thereof, for which any of
the revenues described in section 1 may have been legally pledged
prior to the effective date of this act;
(d) Refunds authorized by law for taxes paid on motor vehicle
fuels;
(e) The cost of collection of any revenues described in this
section:
Provided, That this section shall not be construed to include
revenue from general or special taxes or excises not levied
primarily for highway purposes, or apply to vehicle operator's
license fees or any excise tax imposed on motor vehicles or the use
thereof in lieu of a property tax thereon, or fees for certificates
of ownership of motor vehicles. [AMENDMENT 18, 1943 House Joint
Resolution No. 4, p 938. Approved November, 1944.]
SECTION 41 LAWS, EFFECTIVE DATE, INITIATIVE, REFERENDUM -
AMENDMENT OR REPEAL. No act, law, or bill subject to referendum
shall take effect until ninety days after the adjournment of the
session at which it was enacted. No act, law or bill approved by
a majority of the electors voting thereon shall be amended or
repealed by the legislature within a period of two years following
such enactment: Provided, That any such act, law or bill may be
amended within two years after such enactment at any regular or
special session of the legislature by a vote of two-thirds of all
the members elected to each house with full compliance with section
12, Article III, of the Washington Constitution, and no amendatory
law adopted in accordance with this provision shall be subject to
referendum. But such enactment may be amended or repealed at any
general regular or special election by direct vote of the people
thereon. These provisions supersede the provisions of subsection
(c) of section 1 of this article as amended by the seventh
amendment to the Constitution of this state. [AMENDMENT 26, 1951
Substitute Senate Joint Resolution No. 7, p 959. Approved November
4, 1952.]
Reviser's note: (1) In third sentence, comma between "general" and "regular"
omitted in conformity with enrolled resolution.
(2) Subsection (c) of section 1 of this article was amended by Amendment 72,
approved November 3, 1981.
SECTION 42 GOVERNMENTAL CONTINUITY DURING EMERGENCY PERIODS. The
legislature, in order to insure continuity of state and local
governmental operations in periods of emergency resulting from
enemy attack, shall have the power and the duty, immediately upon
and after adoption of this amendment, to enact legislation
providing for prompt and temporary succession to the powers and
duties of public offices of whatever nature and whether filled by
election or appointment, the incumbents and legal successors of
which may become unavailable for carrying on the powers and duties
of such offices; the legislature shall likewise enact such other
measures as may be necessary and proper for insuring the continuity
of governmental operations during such emergencies. Legislation
enacted under the powers conferred by this amendment shall in all
respects conform to the remainder of the Constitution: Provided,
That if, in the judgment of the legislature at the time of
disaster, conformance to the provisions of the Constitution would
be impracticable or would admit of undue delay, such legislation
may depart during the period of emergency caused by enemy attack
only, from the following sections of the Constitution:
Article 14, Sections 1 and 2, Seat of Government;
Article 2, Sections 8, 15 (Amendments 13 and 32), and 22,
Membership, Quorum of Legislature and Passage of Bills;
Article 3, Section 10 (Amendment 6), Succession to Governorship:
Provided, That the legislature shall not depart from Section 10,
Article III, as amended by Amendment 6, of the state Constitution
relating to the Governor's office so long as any successor therein
named is available and capable of assuming the powers and duties of
such office as therein prescribed;
Article 3, Section 13, Vacancies in State Offices;
Article 11, Section 6, Vacancies in County Offices;
Article 11, Section 2, Seat of County Government;
Article 3, Section 24, State Records. [AMENDMENT 39, 1961 House
Joint Resolution No. 9, p 2758. Approved November, 1962.]
Continuity of government act: Chapter 42.14 RCW.
SECTION 43 REDISTRICTING. (1) In January of each year ending in
one, a commission shall be established to provide for the
redistricting of state legislative and congressional districts.
(2) The commission shall be composed of five members to be
selected as follows: The legislative leader of the two largest
political parties in each house of the legislature shall appoint
one voting member to the commission by January 15th of each year
ending in one. By January 31st of each year ending in one, the
four appointed members, by an affirmative vote of at least three,
shall appoint the remaining member. The fifth member of the
commission, who shall be nonvoting, shall act as its chairperson.
If any appointing authority fails to make the required appointment
by the date established by this subsection, within five days after
that date the supreme court shall make the required appointment.
(3) No elected official and no person elected to legislative
district, county, or state political party office may serve on the
commission. A commission member shall not have been an elected
official and shall not have been an elected legislative district,
county, or state political party officer within two years of his or
her appointment to the commission. The provisions of this
subsection do not apply to the office of precinct committee person.
(4) The legislature shall enact laws providing for the
implementation of this section, to include additional
qualifications for commissioners and additional standards to govern
the commission. The legislature shall appropriate funds to enable
the commission to carry out its duties.
(5) Each district shall contain a population, excluding
nonresident military personnel, as nearly equal as practicable to
the population of any other district. To the extent reasonable,
each district shall contain contiguous territory, shall be compact
and convenient, and shall be separated from adjoining districts by
natural geographic barriers, artificial barriers, or political
subdivision boundaries. The commission's plan shall not provide
for a number of legislative districts different than that
established by the legislature. The commission's plan shall not
be drawn purposely to favor or discriminate against any political
party or group.
(6) The commission shall complete redistricting as soon as
possible following the federal decennial census, but no later than
January 1st of each year ending in two. At least three of the
voting members shall approve such a redistricting plan. If three
of the voting members of the commission fail to approve a plan
within the time limitations provided in this subsection, the
supreme court shall adopt a plan by April 30th of the year ending
in two in conformance with the standards set forth in subsection
(5) of this section.
(7) The legislature may amend the redistricting plan but must do
so by a two-thirds vote of the legislators elected or appointed to
each house of the legislature. Any amendment must have passed both
houses by the end of the thirtieth day of the first session
convened after the commission has submitted its plan to the
legislature. After that day, the plan, with any legislative
amendments, constitutes the state districting law.
(8) The legislature shall enact laws providing for the
reconvening of a commission for the purpose of modifying a
districting law adopted under this section. Such reconvening
requires a two-thirds vote of the legislators elected or appointed
to each house of the legislature. The commission shall conform to
the standards prescribed under subsection (5) of this section and
any other standards or procedures that the legislature may provide
by law. At least three of the voting members shall approve such a
modification. Any modification adopted by the commission may be
amended by a two-thirds vote of the legislators elected and
appointed to each house of the legislature. The state districting
law shall include the modifications with amendments, if any.
(9) The legislature shall prescribe by law the terms of
commission members and the method of filling vacancies on the
commission.
(10) The supreme court has original jurisdiction to hear and
decide all cases involving congressional and legislative
redistricting.
(11) Legislative and congressional districts may not be changed
or established except pursuant to this section. A districting plan
and any legislative amendments to the plan are not subject to
Article III, section 12 of this Constitution. [AMENDMENT 74, 1983
Substitute Senate Joint Resolution No. 103, p 2202. Approved
November 8, 1983.]
ARTICLE III
THE EXECUTIVE
SECTION 1 EXECUTIVE DEPARTMENT. The executive department shall
consist of a governor, lieutenant governor, secretary of state,
treasurer, auditor, attorney general, superintendent of public
instruction, and a commissioner of public lands, who shall be
severally chosen by the qualified electors of the state at the same
time and place of voting as for the members of the legislature.
SECTION 2 GOVERNOR, TERM OF OFFICE. The supreme executive power
of this state shall be vested in a governor, who shall hold his
office for a term of four years, and until his successor is elected
and qualified.
SECTION 3 OTHER EXECUTIVE OFFICERS, TERMS OF OFFICE. The
lieutenant governor, secretary of state, treasurer, auditor,
attorney general, superintendent of public instruction, and
commissioner of public lands, shall hold their offices for four
years respectively, and until their successors are elected and
qualified.
SECTION 4 RETURNS OF ELECTIONS, CANVASS, ETC. The returns of
every election for the officers named in the first section of this
article shall be sealed up and transmitted to the seat of
government by the returning officers, directed to the secretary of
state, who shall deliver the same to the speaker of the house of
representatives at the first meeting of the house thereafter, who
shall open, publish and declare the result thereof in the presence
of a majority of the members of both houses. The person having the
highest number of votes shall be declared duly elected, and a
certificate thereof shall be given to such person, signed by the
presiding officers of both houses; but if any two or more shall be
highest and equal in votes for the same office, one of them shall
be chosen by the joint vote of both houses. Contested elections
for such officers shall be decided by the legislature in such
manner as shall be determined by law. The terms of all officers
named in section one of this article shall commence on the second
Monday in January after their election until otherwise provided by
law.
SECTION 5 GENERAL DUTIES OF GOVERNOR. The governor may require
information in writing from the officers of the state upon any
subject relating to the duties of their respective offices, and
shall see that the laws are faithfully executed.
SECTION 6 MESSAGES. He shall communicate at every session by
message to the legislature the condition of the affairs of the
state, and recommend such measures as he shall deem expedient for
their action.
SECTION 7 EXTRA LEGISLATIVE SESSIONS. He may, on extraordinary
occasions, convene the legislature by proclamation, in which shall
be stated the purposes for which the legislature is convened.
Extraordinary sessions to reconsider vetoes: Art. 3 Section 12.
SECTION 8 COMMANDER-IN-CHIEF. He shall be commander-in-chief of
the military in the state except when they shall be called into the
service of the United States.
SECTION 9 PARDONING POWER. The pardoning power shall be vested
in the governor under such regulations and restrictions as may be
prescribed by law.
SECTION 10 VACANCY IN OFFICE OF GOVERNOR. In case of the
removal, resignation, death or disability of the governor, the
duties of the office shall devolve upon the lieutenant governor;
and in case of a vacancy in both the offices of governor and
lieutenant governor, the duties of the governor shall devolve upon
the secretary of state. In addition to the line of succession to
the office and duties of governor as hereinabove indicated, if the
necessity shall arise, in order to fill the vacancy in the office
of governor, the following state officers shall succeed to the
duties of governor and in the order named, viz.: Treasurer,
auditor, attorney general, superintendent of public instruction and
commissioner of public lands. In case of the death, disability,
failure or refusal of the person regularly elected to the office of
governor to qualify at the time provided by law, the duties of the
office shall devolve upon the person regularly elected to and
qualified for the office of lieutenant governor, who shall act as
governor until the disability be removed, or a governor be elected;
and in case of the death, disability, failure or refusal of both
the governor and the lieutenant governor elect to qualify, the
duties of the governor shall devolve upon the secretary of state;
and in addition to the line of succession to the office and duties
of governor as hereinabove indicated, if there shall be the failure
or refusal of any officer named above to qualify, and if the
necessity shall arise by reason thereof, then in that event in
order to fill the vacancy in the office of governor, the following
state officers shall succeed to the duties of governor in the order
named, viz: Treasurer, auditor, attorney general, superintendent
of public instruction and commissioner of public lands. Any person
succeeding to the office of governor as in this section provided,
shall perform the duties of such office only until the disability
be removed, or a governor be elected and qualified; and if a
vacancy occur more than thirty days before the next general
election occurring within two years after the commencement of the
term, a person shall be elected at such election to fill the office
of governor for the remainder of the unexpired term. [AMENDMENT 6,
1909 p 642 Section 1. Approved November, 1910.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Original text - Art. 3 Section 10 VACANCY IN - In case of the removal,
resignation, death, or disability of the governor, the duties of the office shall
devolve upon the lieutenant governor, and in case of a vacancy in both the
offices of governor and lieutenant governor, the duties of governor shall devolve
upon the secretary of state, who shall act as governor until the disability be
removed or a governor elected.
SECTION 11 REMISSION OF FINES AND FORFEITURES. The governor
shall have power to remit fines and forfeitures, under such
regulations as may be prescribed by law, and shall report to the
legislature at its next meeting each case of reprieve, commutation
or pardon granted, and the reasons for granting the same, and also
the names of all persons in whose favor remission of fines and
forfeitures shall have been made, and the several amounts remitted
and the reasons for the remission.
SECTION 12 VETO POWERS. Every act which shall have passed the
legislature shall be, before it becomes a law, presented to the
governor. If he approves, he shall sign it; but if not, he shall
return it, with his objections, to that house in which it shall
have originated, which house shall enter the objections at large
upon the journal and proceed to reconsider. If, after such
reconsideration, two-thirds of the members present shall agree to
pass the bill it shall be sent, together with the objections, to
the other house, by which it shall likewise be reconsidered, and if
approved by two-thirds of the members present, it shall become a
law; but in all such cases the vote of both houses shall be
determined by the yeas and nays, and the names of the members
voting for or against the bill shall be entered upon the journal of
each house respectively. If any bill shall not be returned by the
governor within five days, Sundays excepted, after it shall be
presented to him, it shall become a law without his signature,
unless the general adjournment shall prevent its return, in which
case it shall become a law unless the governor, within twenty days
next after the adjournment, Sundays excepted, shall file such bill
with his objections thereto, in the office of secretary of state,
who shall lay the same before the legislature at its next session
in like manner as if it had been returned by the governor:
Provided, That within forty-five days next after the adjournment,
Sundays excepted, the legislature may, upon petition by a
two-thirds majority or more of the membership of each house,
reconvene in extraordinary session, not to exceed five days
duration, solely to reconsider any bills vetoed. If any bill
presented to the governor contain several sections or appropriation
items, he may object to one or more sections or appropriation items
while approving other portions of the bill: Provided, That he may
not object to less than an entire section, except that if the
section contain one or more appropriation items he may object to
any such appropriation item or items. In case of objection he
shall append to the bill, at the time of signing it, a statement of
the section or sections, appropriation item or items to which he
objects and the reasons therefor; and the section or sections,
appropriation item or items so objected to shall not take effect
unless passed over the governor's objection, as hereinbefore
provided. The provisions of Article II, section 12 insofar as they
are inconsistent herewith are hereby repealed. [AMENDMENT 62, 1974
Senate Joint Resolution No. 140, p 806. Approved November 5,
1974.]
Veto power withheld from initiated and referred measures: Art. 2 Section 1.
Original text - Art. 3 Section 12 VETO POWER - Every act which shall have
passed the legislature shall be, before it becomes a law, presented to the
governor. If he approves, he shall sign it; but if not, he shall return it, with
his objections, to that house in which it shall have originated, which house
shall enter the objections at large upon the journal and proceed to reconsider.
If, after such reconsideration, two-thirds of the members present shall agree to
pass the bill it shall be sent, together with the objections, to the other house,
by which it shall likewise be reconsidered, and if approved by two-thirds of the
members present, it shall become a law; but in all cases the vote of both houses
shall be determined by the yeas and nays, and the names of the members voting for
or against the bill shall be entered upon the journal of each house respectively.
If any bill shall not be returned by the governor within five days, Sundays
excepted, after it shall be presented to him, it shall become a law without his
signature, unless the general adjournment shall prevent its return, in which case
it shall become a law unless the governor, within ten days next after the
adjournment, Sundays excepted, shall file such bill with his objections thereto,
in the office of secretary of state, who shall lay the same before the
legislature at its next session in like manner as if it had been returned by the
governor. If any bill presented to the governor contain several sections or
items, he may object to one or more sections or items while approving other
portions of the bill. In such case he shall append to the bill, at the time of
signing it, a statement of the section, or sections; item or items to which he
objects and the reasons therefor, and the section or sections, item or items so
objected to, shall not take effect unless passed over the governor's objection,
as hereinbefore provided.
Veto power does not extend to initiated or referred measures: Art. 2 Section
1(d).
SECTION 13 VACANCY IN APPOINTIVE OFFICE. When, during a recess
of the legislature, a vacancy shall happen in any office, the
appointment to which is vested in the legislature, or when at any
time a vacancy shall have occurred in any other state office, for
the filling of which vacancy no provision is made elsewhere in this
Constitution, the governor shall fill such vacancy by appointment,
which shall expire when a successor shall have been elected and
qualified.
Appointment of governing boards of educational, reformatory and penal
institutions: Art. 13 Section 1.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 14 SALARY. The governor shall receive an annual salary
of four thousand dollars, which may be increased by law, but shall
never exceed six thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 15 COMMISSIONS, HOW ISSUED. All commissions shall issue
in the name of the state, shall be signed by the governor, sealed
with the seal of the state, and attested by the secretary of state.
SECTION 16 LIEUTENANT GOVERNOR, DUTIES AND SALARY. The
lieutenant governor shall be presiding officer of the state senate,
and shall discharge such other duties as may be prescribed by law.
He shall receive an annual salary of one thousand dollars, which
may be increased by the legislature, but shall never exceed three
thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 17 SECRETARY OF STATE, DUTIES AND SALARY. The secretary
of state shall keep a record of the official acts of the
legislature, and executive department of the state, and shall, when
required, lay the same, and all matters relative thereto, before
either branch of the legislature, and shall perform such other
duties as shall be assigned him by law. He shall receive an annual
salary of twenty-five hundred dollars, which may be increased by
the legislature, but shall never exceed three thousand dollars per
annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 18 SEAL. There shall be a seal of the state kept by the
secretary of state for official purposes, which shall be called,
"The Seal of the State of Washington."
Design of the Seal: Art. 18 Section 1.
State seal: RCW 1.20.080.
SECTION 19 STATE TREASURER, DUTIES AND SALARY. The treasurer
shall perform such duties as shall be prescribed by law. He shall
receive an annual salary of two thousand dollars, which may be
increased by the legislature, but shall never exceed four thousand
dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 20 STATE AUDITOR, DUTIES AND SALARY. The auditor shall
be auditor of public accounts, and shall have such powers and
perform such duties in connection therewith as may be prescribed by
law. He shall receive an annual salary of two thousand dollars,
which may be increased by the legislature, but shall never exceed
three thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 21 ATTORNEY GENERAL, DUTIES AND SALARY. The attorney
general shall be the legal adviser of the state officers, and shall
perform such other duties as may be prescribed by law. He shall
receive an annual salary of two thousand dollars, which may be
increased by the legislature, but shall never exceed thirty-five
hundred dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 22 SUPERINTENDENT OF PUBLIC INSTRUCTION, DUTIES AND
SALARY. The superintendent of public instruction shall have
supervision over all matters pertaining to public schools, and
shall perform such specific duties as may be prescribed by law. He
shall receive an annual salary of twenty-five hundred dollars,
which may be increased by law, but shall never exceed four thousand
dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 23 COMMISSIONER OF PUBLIC LANDS - COMPENSATION. The
commissioner of public lands shall perform such duties and receive
such compensation as the legislature may direct.
SECTION 24 RECORDS, WHERE KEPT, ETC. The governor, secretary of
state, treasurer, auditor, superintendent of public instruction,
commissioner of public lands and attorney general shall severally
keep the public records, books and papers relating to their
respective offices, at the seat of government, at which place also
the governor, secretary of state, treasurer and auditor shall
reside.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 25 QUALIFICATIONS, COMPENSATION, OFFICES WHICH MAY BE
ABOLISHED. No person, except a citizen of the United States and a
qualified elector of this state, shall be eligible to hold any
state office. The compensation for state officers shall not be
increased or diminished during the term for which they shall have
been elected. The legislature may in its discretion abolish the
offices of the lieutenant governor, auditor and commissioner of
public lands. [AMENDMENT 31, 1955 Senate Joint Resolution No. 6, p
1861. Approved November 6, 1956.]
Authorizing compensation increase during term: Art. 30 Section 1.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 Section 8.
judicial officers: Art. 4 Section 3.
public officers: Art. 2 Section 5.
Original text - Art. 3 Section 25 QUALIFICATIONS - No person, except a
citizen of the United States and a qualified elector of this state, shall be
eligible to hold any state office, and the state treasurer shall be ineligible
for the term succeeding that for which he was elected. The compensation for
state officers shall not be increased or diminished during the term for which
they shall have been elected. The legislature may in its discretion abolish the
offices of the lieutenant governor, auditor and commissioner of public lands.
ARTICLE IV
THE JUDICIARY
SECTION 1 JUDICIAL POWER, WHERE VESTED. The judicial power of
the state shall be vested in a supreme court, superior courts,
justices of the peace, and such inferior courts as the legislature
may provide.
Court of appeals: Art. 4 Section 29.
SECTION 2 SUPREME COURT. The supreme court shall consist of five
judges, a majority of whom shall be necessary to form a quorum, and
pronounce a decision. The said court shall always be open for the
transaction of business except on nonjudicial days. In the
determination of causes all decisions of the court shall be given
in writing and the grounds of the decision shall be stated. The
legislature may increase the number of judges of the supreme court
from time to time and may provide for separate departments of said
court.
SECTION 2(a) TEMPORARY PERFORMANCE OF JUDICIAL DUTIES. When
necessary for the prompt and orderly administration of justice a
majority of the Supreme Court is empowered to authorize judges or
retired judges of courts of record of this state, to perform,
temporarily, judicial duties in the Supreme Court, and to authorize
any superior court judge to perform judicial duties in any superior
court of this state. [AMENDMENT 38, 1961 House Joint Resolution No.
6, p 2757. Approved November, 1962.]
SECTION 3 ELECTION AND TERMS OF SUPREME COURT JUDGES. The judges
of the supreme court shall be elected by the qualified electors of
the state at large at the general state election at the times and
places at which state officers are elected, unless some other time
be provided by the legislature. The first election of judges of
the supreme court shall be at the election which shall be held upon
the adoption of this Constitution and the judges elected thereat
shall be classified by lot, so that two shall hold their office for
the term of three years, two for the term of five years, and one
for the term of seven years. The lot shall be drawn by the judges
who shall for that purpose assemble at the seat of government, and
they shall cause the result thereof to be certified to the
secretary of state, and filed in his office. The supreme court
shall select a chief justice from its own membership to serve for
a four-year term at the pleasure of a majority of the court as
prescribed by supreme court rule. The chief justice shall preside
at all sessions of the supreme court. In case of the absence of
the chief justice, the majority of the remaining court shall select
one of their members to serve as acting chief justice. After the
first election the terms of judges elected shall be six years from
and after the second Monday in January next succeeding their
election. If a vacancy occur in the office of a judge of the
supreme court the governor shall only appoint a person to ensure
the number of judges as specified by the legislature, to hold the
office until the election and qualification of a judge to fill the
vacancy, which election shall take place at the next succeeding
general election, and the judge so elected shall hold the office
for the remainder of the unexpired term. The term of office of the
judges of the supreme court, first elected, shall commence as soon
as the state shall have been admitted into the Union, and continue
for the term herein provided, and until their successors are
elected and qualified. The sessions of the supreme court shall be
held at the seat of government until otherwise provided by law.
[AMENDMENT 89, 1995 Substitute Senate Joint Resolution No. 8210, p
2905. Approved November 7, 1995.]
Original text - Art. 4 Section 3 ELECTION AND TERMS OF SUPREME COURT JUDGES -
The judges of the supreme court shall be elected by the qualified electors of the
state at large at the general state election at the times and places at which
state officers are elected, unless some other time be provided by the
legislature. The first election of judges of the supreme court shall be at the
election which shall be held upon the adoption of this Constitution and the
judges elected thereat shall be classified by lot, so that two shall hold their
office for the term of three years, two for the term of five years, and one for
the term of seven years. The lot shall be drawn by the judges who shall for that
purpose assemble at the seat of government, and they shall cause the result
thereof to be certified to the secretary of state, and filed in his office. The
judge having the shortest term to serve not holding his office by appointment or
election to fill a vacancy, shall be the chief justice, and shall preside at all
sessions of the supreme court, and in case there shall be two judges having in
like manner the same short term, the other judges of the supreme court shall
determine which of them shall be chief justice. In case of the absence of the
chief justice, the judge having in like manner the shortest or next shortest term
to serve shall preside. After the first election the terms of judges elected
shall be six years from and after the second Monday in January next succeeding
their election. If a vacancy occur in the office of a judge of the supreme court
the governor shall appoint a person to hold the office until the election and
qualification of a judge to fill the vacancy, which election shall take place at
the next succeeding general election, and the judge so elected shall hold the
office for the remainder of the unexpired term. The term of office of the judges
of the supreme court, first elected, shall commence as soon as the state shall
have been admitted into the Union, and continue for the term herein provided, and
until their successors are elected and qualified. The sessions of the supreme
court shall be held at the seat of government until otherwise provided by law.
SECTION 3(a) RETIREMENT OF SUPREME COURT AND SUPERIOR COURT
JUDGES. A judge of the supreme court or the superior court shall
retire from judicial office at the end of the calendar year in
which he attains the age of seventy-five years. The legislature
may, from time to time, fix a lesser age for mandatory retirement,
not earlier than the end of the calendar year in which any such
judge attains the age of seventy years, as the legislature deems
proper. This provision shall not affect the term to which any such
judge shall have been elected or appointed prior to, or at the time
of, approval and ratification of this provision. Notwithstanding
the limitations of this section, the legislature may by general law
authorize or require the retirement of judges for physical or
mental disability, or any cause rendering judges incapable of
performing their judicial duties. [AMENDMENT 25, 1951 House Joint
Resolution No. 6, p 960. Approved November 4, 1952.]
SECTION 4 JURISDICTION. The supreme court shall have original
jurisdiction in habeas corpus, and quo warranto and mandamus as to
all state officers, and appellate jurisdiction in all actions and
proceedings, excepting that its appellate jurisdiction shall not
extend to civil actions at law for the recovery of money or
personal property when the original amount in controversy, or the
value of the property does not exceed the sum of two hundred
dollars ($200) unless the action involves the legality of a tax,
impost, assessment, toll, municipal fine, or the validity of a
statute. The supreme court shall also have power to issue writs of
mandamus, review, prohibition, habeas corpus, certiorari and all
other writs necessary and proper to the complete exercise of its
appellate and revisory jurisdiction. Each of the judges shall have
power to issue writs of habeas corpus to any part of the state upon
petition by or on behalf of any person held in actual custody, and
may make such writs returnable before himself, or before the
supreme court, or before any superior court of the state or any
judge thereof.
SECTION 5 SUPERIOR COURT - ELECTION OF JUDGES, TERMS OF, ETC.
There shall be in each of the organized counties of this state a
superior court for which at least one judge shall be elected by the
qualified electors of the county at the general state election:
Provided, That until otherwise directed by the legislature one
judge only shall be elected for the counties of Spokane and
Stevens; one judge for the county of Whitman; one judge for the
counties of Lincoln, Okanogan, Douglas and Adams; one judge for the
counties of Walla Walla and Franklin; one judge for the counties of
Columbia, Garfield and Asotin; one judge for the counties of
Kittitas, Yakima and Klickitat; one judge for the counties of
Clarke, Skamania, Pacific, Cowlitz and Wahkiakum; one judge for the
counties of Thurston, Chehalis, Mason and Lewis; one judge for the
county of Pierce; one judge for the county of King; one judge for
the counties of Jefferson, Island, Kitsap, San Juan and Clallam;
and one judge for the counties of Whatcom, Skagit and Snohomish.
In any county where there shall be more than one superior judge,
there may be as many sessions of the superior court at the same
time as there are judges thereof, and whenever the governor shall
direct a superior judge to hold court in any county other than that
for which he has been elected, there may be as many sessions of the
superior court in said county at the same time as there are judges
therein or assigned to duty therein by the governor, and the
business of the court shall be so distributed and assigned by law
or in the absence of legislation therefor, by such rules and orders
of court as shall best promote and secure the convenient and
expeditious transaction thereof. The judgments, decrees, orders
and proceedings of any session of the superior court held by any
one or more of the judges of such court shall be equally effectual
as if all the judges of said court presided at such session. The
first superior judges elected under this Constitution shall hold
their offices for the period of three years, and until their
successors shall be elected and qualified, and thereafter the term
of office of all superior judges in this state shall be for four
years from the second Monday in January next succeeding their
election and until their successors are elected and qualified. The
first election of judges of the superior court shall be at the
election held for the adoption of this Constitution. If a vacancy
occurs in the office of judge of the superior court, the governor
shall appoint a person to hold the office until the election and
qualification of a judge to fill the vacancy, which election shall
be at the next succeeding general election, and the judge so
elected shall hold office for the remainder of the unexpired term.
Supreme court may authorize superior court judge to perform judicial duties in
any superior court: Art. 4 Section 2(a).
SECTION 6 JURISDICTION OF SUPERIOR COURTS. Superior courts and
district courts have concurrent jurisdiction in cases in equity.
The superior court shall have original jurisdiction in all cases at
law which involve the title or possession of real property, or the
legality of any tax, impost, assessment, toll, or municipal fine,
and in all other cases in which the demand or the value of the
property in controversy amounts to three thousand dollars or as
otherwise determined by law, or a lesser sum in excess of the
jurisdiction granted to justices of the peace and other inferior
courts, and in all criminal cases amounting to felony, and in all
cases of misdemeanor not otherwise provided for by law; of actions
of forcible entry and detainer; of proceedings in insolvency; of
actions to prevent or abate a nuisance; of all matters of probate,
of divorce, and for annulment of marriage; and for such special
cases and proceedings as are not otherwise provided for. The
superior court shall also have original jurisdiction in all cases
and of all proceedings in which jurisdiction shall not have been by
law vested exclusively in some other court; and said court shall
have the power of naturalization and to issue papers therefor.
They shall have such appellate jurisdiction in cases arising in
justices' and other inferior courts in their respective counties as
may be prescribed by law. They shall always be open, except on
nonjudicial days, and their process shall extend to all parts of
the state. Said courts and their judges shall have power to issue
writs of mandamus, quo warranto, review, certiorari, prohibition,
and writs of habeas corpus, on petition by or on behalf of any
person in actual custody in their respective counties. Injunctions
and writs of prohibition and of habeas corpus may be issued and
served on legal holidays and nonjudicial days. [AMENDMENT 87, 1993
House Joint Resolution No. 4201, p 3063. Approved November 2,
1993.]
Amendment 65, part (1977) - Art. 4 Section 6 Jurisdiction of Superior Courts
- The superior court shall have original jurisdiction in all cases in equity and
in all cases at law which involve the title or possession of real property, or
the legality of any tax, impost, assessment, toll, or municipal fine, and in all
other cases in which the demand or the value of the property in controversy
amounts to three thousand dollars or as otherwise determined by law, or a lesser
sum in excess of the jurisdiction granted to justices of the peace and other
inferior courts, and in all criminal cases amounting to felony, and in all cases
of misdemeanor not otherwise provided for by law; of actions of forcible entry
and detainer; of proceedings in insolvency; of actions to prevent or abate a
nuisance; of all matters of probate, of divorce, and for annulment of marriage;
and for such special cases and proceedings as are not otherwise provided for.
The superior court shall also have original jurisdiction in all cases and of all
proceedings in which jurisdiction shall not have been by law vested exclusively
in some other court; and said court shall have the power of naturalization and
to issue papers therefor. They shall have such appellate jurisdiction in cases
arising in justices' and other inferior courts in their respective counties as
may be prescribed by law. They shall always be open, except on nonjudicial days,
and their process shall extend to all parts of the state. Said courts and their
judges shall have power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, and writs of habeas corpus, on petition by or on behalf
of any person in actual custody in their respective counties. Injunctions and
writs of prohibition and of habeas corpus may be issued and served on legal
holidays and nonjudicial days. [AMENDMENT 65, part, 1977 Senate Joint Resolution
No. 113, p 1714. Approved November 8, 1977.]
Amendment 65 also amended Art. 4 Section 10.
Amendment 28, part (1952) - Art. 4 Section 6 JURISDICTION OF SUPERIOR COURTS
- The superior court shall have original jurisdiction in all cases in equity and
in all cases at law which involve the title or possession of real property, or
the legality of any tax, impost, assessment, toll, or municipal fine, and in all
other cases in which the demand or the value of the property in controversy
amounts to one thousand dollars, or a lesser sum in excess of the jurisdiction
granted to justices of the peace and other inferior courts, and in all criminal
cases amounting to felony, and in all cases of misdemeanor not otherwise provided
for by law; of actions of forcible entry and detainer; of proceedings in
insolvency; of actions to prevent or abate a nuisance; of all matters of probate,
of divorce, and for annulment of marriage; and for such special cases and
proceedings as are not otherwise provided for. The superior court shall also
have original jurisdiction in all cases and of all proceedings in which
jurisdiction shall not have been by law vested exclusively in some other court;
and said court shall have the power of naturalization and to issue papers
therefor. They shall have such appellate jurisdiction in cases arising in
justices' and other inferior courts in their respective counties as may be
prescribed by law. They shall always be open, except on nonjudicial days, and
their process shall extend to all parts of the state. Said courts and their
judges shall have power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, and writs of habeas corpus, on petition by or on behalf
of any person in actual custody in their respective counties. Injunctions and
writs of prohibition and of habeas corpus may be issued and served on legal
holidays and nonjudicial days. [AMENDMENT 28, part, 1951 Substitute House Joint
Resolution No. 13, p 962. Approved November 4, 1952.]
Note: Amendment 28 also amended Art. 4 Section 10.
ORIGINAL TEXT - ART. 4 Section 6 JURISDICTION OF SUPERIOR COURTS - The
superior court shall have original jurisdiction in all cases in equity, and in
all cases at law which involve the title or possession of real property, or the
legality of any tax, impost, assessment, toll or municipal fine, and in all other
cases in which the demand, or the value of the property in controversy amounts
to one hundred dollars, and in all criminal cases amounting to felony, and in all
cases of misdemeanor not otherwise provided for by law; of actions of forcible
entry and detainer; of proceedings in insolvency; of actions to prevent or abate
a nuisance; of all matters of probate, of divorce, and for annulment of marriage;
and for such special cases and proceedings as are not otherwise provided for.
The superior court shall also have original jurisdiction in all cases and of all
proceedings in which jurisdiction shall not have been by law vested exclusively
in some other court; and said court shall have the power of naturalization, and
to issue papers therefor. They shall have such appellate jurisdiction in cases
arising in justice's and other inferior courts in their respective counties as
may be prescribed by law. They shall be always open except on non-judicial days,
and their process shall extend to all parts of the state. Said courts and their
judges shall have power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, and writs of habeas corpus on petition by or on behalf
of any person in actual custody in their respective counties. Injunctions and
writs of prohibition and of habeas corpus may be issued and served on legal
holidays and non-judicial days.
SECTION 7 EXCHANGE OF JUDGES - JUDGE PRO TEMPORE. The judge of
any superior court may hold a superior court in any county at the
request of the judge of the superior court thereof, and upon the
request of the governor it shall be his or her duty to do so. A
case in the superior court may be tried by a judge pro tempore
either with the agreement of the parties if the judge pro tempore
is a member of the bar, is agreed upon in writing by the parties
litigant or their attorneys of record, and is approved by the court
and sworn to try the case; or without the agreement of the parties
if the judge pro tempore is a sitting elected judge and is acting
as a judge pro tempore pursuant to supreme court rule. The supreme
court rule must require assignments of judges pro tempore based on
the judges' experience and must provide for the right, exercisable
once during a case, to a change of judge pro tempore. Such right
shall be in addition to any other right provided by law. However,
if a previously elected judge of the superior court retires leaving
a pending case in which the judge has made discretionary rulings,
the judge is entitled to hear the pending case as a judge pro
tempore without any written agreement. [AMENDMENT 94, 2001
Engrossed Senate Joint Resolution No. 8208, p 2327. Approved
November 6, 2001.]
Amendment 80 - Art. 4 Section 7 EXCHANGE OF JUDGES - JUDGE PRO TEMPORE - The
judge of any superior court may hold a superior court in any county at the
request of the judge of the superior court thereof, and upon the request of the
governor it shall be his duty to do so. A case in the superior court may be
tried by a judge, pro tempore, who must be a member of the bar, agreed upon in
writing by the parties litigant, or their attorneys of record, approved by the
court and sworn to try the case. However, if a previously elected judge of the
superior court retires leaving a pending case in which the judge has made
discretionary rulings, the judge is entitled to hear the pending case as a judge
pro tempore without any written agreement. [Amendment 80, 1987 Senate Joint
Resolution No. 8207, p 2815. Approved November 3, 1987.]
ORIGINAL TEXT - ART. 4 Section 7 EXCHANGE OF JUDGES - JUDGE PRO TEMPORE - The
judge of any superior court may hold a superior court in any county at the
request of the judge of the superior court thereof, and upon the request of the
governor it shall be his duty to do so. A case in the superior court may be
tried by a judge, pro tempore, who must be a member of the bar, agreed upon in
writing by the parties litigant, or their attorneys of record, approved by the
court and sworn to try the case.
SECTION 8 ABSENCE OF JUDICIAL OFFICER. Any judicial officer who
shall absent himself from the state for more than sixty consecutive
days shall be deemed to have forfeited his office: Provided, That
in cases of extreme necessity the governor may extend the leave of
absence such time as the necessity therefor shall exist.
SECTION 9 REMOVAL OF JUDGES, ATTORNEY GENERAL, ETC. Any judge of
any court of record, the attorney general, or any prosecuting
attorney may be removed from office by joint resolution of the
legislature, in which three-fourths of the members elected to each
house shall concur, for incompetency, corruption, malfeasance, or
delinquency in office, or other sufficient cause stated in such
resolution. But no removal shall be made unless the officer
complained of shall have been served with a copy of the charges
against him as the ground of removal, and shall have an opportunity
of being heard in his defense. Such resolution shall be entered at
length on the journal of both houses and on the question of removal
the ayes and nays shall also be entered on the journal.
Removal, censure, suspension, or retirement of judges or justices: Art. 4
Section 31.
SECTION 10 JUSTICES OF THE PEACE. The legislature shall
determine the number of justices of the peace to be elected and
shall prescribe by law the powers, duties and jurisdiction of
justices of the peace: Provided, That such jurisdiction granted by
the legislature shall not trench upon the jurisdiction of superior
or other courts of record, except that justices of the peace may be
made police justices of incorporated cities and towns. Justices of
the peace shall have original jurisdiction in cases where the
demand or value of the property in controversy is less than three
hundred dollars or such greater sum, not to exceed three thousand
dollars or as otherwise determined by law, as shall be prescribed
by the legislature. In incorporated cities or towns having more
than five thousand inhabitants, the justices of the peace shall
receive such salary as may be provided by law, and shall receive no
fees for their own use. [AMENDMENT 65, part, 1977 Senate Joint
Resolution No. 113, p 1714. Approved November 8, 1977.]
Amendment 65 also amended Art. 4 Section 6.
Amendment 28, part (1952) - Art. 4 Section 10 JUSTICES OF THE PEACE - The
legislature shall determine the number of justices of the peace to be elected and
shall prescribe by law the powers, duties and jurisdiction of justices of the
peace: Provided, That such jurisdiction granted by the legislature shall not
trench upon the jurisdiction of superior or other courts of record, except that
justices of the peace may be made police justices of incorporated cities and
towns. Justices of the peace shall have original jurisdiction in cases where the
demand or value of the property in controversy is less than three hundred dollars
or such greater sum, not to exceed one thousand dollars, as shall be prescribed
by the legislature. In incorporated cities or towns having more than five
thousand inhabitants, the justices of the peace shall receive such salary as may
be provided by law, and shall receive no fees for their own use. [AMENDMENT 28,
part, 1951 Substitute House Joint Resolution No. 13, p 962. Approved November
4, 1952.]
Note: Amendment 28 also amended Art. 4 Section 6.
Original text - Art. 4 Section 10 JUSTICES OF THE PEACE - The legislature
shall determine the number of justices of the peace to be elected in incorporated
cities or towns and in precincts, and shall prescribe by law the powers, duties
and jurisdiction of justices of the peace; Provided, That such jurisdiction
granted by the legislature shall not trench upon the jurisdiction of superior or
other courts of record, except that justices of the peace may be made police
justices of incorporated cities and towns. In incorporated cities or towns
having more than five thousand inhabitants the justices of the peace shall
receive such salary as may be provided by law, and shall receive no fees for
their own use.
SECTION 11 COURTS OF RECORD. The supreme court and the superior
courts shall be courts of record, and the legislature shall have
power to provide that any of the courts of this state, excepting
justices of the peace, shall be courts of record.
SECTION 12 INFERIOR COURTS. The legislature shall prescribe by
law the jurisdiction and powers of any of the inferior courts which
may be established in pursuance of this Constitution.
SECTION 13 SALARIES OF JUDICIAL OFFICERS - HOW PAID, ETC. No
judicial officer, except court commissioners and unsalaried
justices of the peace, shall receive to his own use any fees or
perquisites of office. The judges of the supreme court and judges
of the superior courts shall severally at stated times, during
their continuance in office, receive for their services the
salaries prescribed by law therefor, which shall not be increased
after their election, nor during the term for which they shall have
been elected. The salaries of the judges of the supreme court
shall be paid by the state. One-half of the salary of each of the
superior court judges shall be paid by the state, and the other
one-half by the county or counties for which he is elected. In
cases where a judge is provided for more than one county, that
portion of his salary which is to be paid by the counties shall be
apportioned between or among them according to the assessed value
of their taxable property, to be determined by the assessment next
preceding the time for which such salary is to be paid.
Authorizing compensation increase during term: Art. 30 Section 1.
Increase or diminution of compensation during term of office prohibited
county, city or municipal officers: Art. 11 Section 8.
public officers: Art. 2 Section 25.
state officers: Art. 3 Section 25.
SECTION 14 SALARIES OF SUPREME AND SUPERIOR COURT JUDGES. Each
of the judges of the supreme court shall receive an annual salary
of four thousand dollars ($4,000); each of the superior court
judges shall receive an annual salary of three thousand dollars
($3,000), which said salaries shall be payable quarterly. The
legislature may increase the salaries of judges herein provided.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1.
SECTION 15 INELIGIBILITY OF JUDGES. The judges of the supreme
court and the judges of the superior court shall be ineligible to
any other office or public employment than a judicial office, or
employment, during the term for which they shall have been elected.
SECTION 16 CHARGING JURIES. Judges shall not charge juries with
respect to matters of fact, nor comment thereon, but shall declare
the law.
SECTION 17 ELIGIBILITY OF JUDGES. No person shall be eligible to
the office of judge of the supreme court, or judge of a superior
court, unless he shall have been admitted to practice in the courts
of record of this state, or of the Territory of Washington.
SECTION 18 SUPREME COURT REPORTER. The judges of the supreme
court shall appoint a reporter for the decisions of that court, who
shall be removable at their pleasure. He shall receive such annual
salary as shall be prescribed by law.
SECTION 19 JUDGES MAY NOT PRACTICE LAW. No judge of a court of
record shall practice law in any court of this state during his
continuance in office.
SECTION 20 DECISIONS, WHEN TO BE MADE. Every cause submitted to
a judge of a superior court for his decision shall be decided by
him within ninety days from the submission thereof; Provided, That
if within said period of ninety days a rehearing shall have been
ordered, then the period within which he is to decide shall
commence at the time the cause is submitted upon such a hearing.
SECTION 21 PUBLICATION OF OPINIONS. The legislature shall
provide for the speedy publication of opinions of the supreme
court, and all opinions shall be free for publication by any
person.
SECTION 22 CLERK OF THE SUPREME COURT. The judges of the supreme
court shall appoint a clerk of that court who shall be removable at
their pleasure, but the legislature may provide for the election of
the clerk of the supreme court, and prescribe the term of his
office. The clerk of the supreme court shall receive such
compensation by salary only as shall be provided by law.
SECTION 23 COURT COMMISSIONERS. There may be appointed in each
county, by the judge of the superior court having jurisdiction
therein, one or more court commissioners, not exceeding three in
number, who shall have authority to perform like duties as a judge
of the superior court at chambers, subject to revision by such
judge, to take depositions and to perform such other business
connected with the administration of justice as may be prescribed
by law.
SECTION 24 RULES FOR SUPERIOR COURTS. The judges of the superior
courts, shall from time to time, establish uniform rules for the
government of the superior courts.
SECTION 25 REPORTS OF SUPERIOR COURT JUDGES. Superior judges,
shall on or before the first day of November in each year, report
in writing to the judges of the supreme court such defects and
omissions in the laws as their experience may suggest, and the
judges of the supreme court shall on or before the first day of
January in each year report in writing to the governor such defects
and omissions in the laws as they may believe to exist.
SECTION 26 CLERK OF THE SUPERIOR COURT. The county clerk shall
be by virtue of his office, clerk of the superior court.
SECTION 27 STYLE OF PROCESS. The style of all process shall be,
"The State of Washington," and all prosecutions shall be conducted
in its name and by its authority.
SECTION 28 OATH OF JUDGES. Every judge of the supreme court, and
every judge of a superior court shall, before entering upon the
duties of his office, take and subscribe an oath that he will
support the Constitution of the United States and the Constitution
of the State of Washington, and will faithfully and impartially
discharge the duties of judge to the best of his ability, which
oath shall be filed in the office of the secretary of state.
SECTION 29 ELECTION OF SUPERIOR COURT JUDGES. Notwithstanding
any provision of this Constitution to the contrary, if, after the
last day as provided by law for the withdrawal of declarations of
candidacy has expired, only one candidate has filed for any single
position of superior court judge in any county containing a
population of one hundred thousand or more, no primary or election
shall be held as to such position, and a certificate of election
shall be issued to such candidate. If, after any contested primary
for superior court judge in any county, only one candidate is
entitled to have his name printed on the general election ballot
for any single position, no election shall be held as to such
position, and a certificate of election shall be issued to such
candidate: Provided, That in the event that there is filed with
the county auditor within ten days after the date of the primary,
a petition indicating that a write in campaign will be conducted
for such single position and signed by one hundred registered
voters qualified to vote with respect of the office, then such
single position shall be subject to the general election.
Provisions for the contingency of the death or disqualification of
a sole candidate between the last date for withdrawal and the time
when the election would be held but for the provisions of this
section, and such other provisions as may be deemed necessary to
implement the provisions of this section, may be enacted by the
legislature. [AMENDMENT 41, 1965 ex.s. Substitute Senate Joint
Resolution No. 6, p 2815. Approved November 8, 1966.]
SECTION 30 COURT OF APPEALS. (1) Authorization. In addition to
the courts authorized in section 1 of this article, judicial power
is vested in a court of appeals, which shall be established by
statute.
(2) Jurisdiction. The jurisdiction of the court of appeals
shall be as provided by statute or by rules authorized by statute.
(3) Review of Superior Court. Superior court actions may be
reviewed by the court of appeals or by the supreme court as
provided by statute or by rule authorized by statute.
(4) Judges. The number, manner of election, compensation,
terms of office, removal and retirement of judges of the court of
appeals shall be as provided by statute.
(5) Administration and Procedure. The administration and
procedures of the court of appeals shall be as provided by rules
issued by the supreme court.
(6) Conflicts. The provisions of this section shall supersede
any conflicting provisions in prior sections of this article.
[AMENDMENT 50, 1967 Senate Joint Resolution No. 6; see 1969 p
2975. Approved November 5, 1968.]
Reviser's note: This section which was adopted as Sec. 29 is herein
renumbered Sec. 30 to avoid confusion with Sec. 29, supra.
SECTION 31 COMMISSION ON JUDICIAL CONDUCT. (1) There shall be a
commission on judicial conduct, existing as an independent agency
of the judicial branch, and consisting of a judge selected by and
from the court of appeals judges, a judge selected by and from the
superior court judges, a judge selected by and from the district
court judges, two persons admitted to the practice of law in this
state selected by the state bar association, and six persons who
are not attorneys appointed by the governor.
(2) Whenever the commission receives a complaint against a judge
or justice, or otherwise has reason to believe that a judge or
justice should be admonished, reprimanded, censured, suspended,
removed, or retired, the commission shall first investigate the
complaint or belief and then conduct initial proceedings for the
purpose of determining whether probable cause exists for conducting
a public hearing or hearings to deal with the complaint or belief.
The investigation and initial proceedings shall be confidential.
Upon beginning an initial proceeding, the commission shall notify
the judge or justice of the existence of and basis for the initial
proceeding.
(3) Whenever the commission concludes, based on an initial
proceeding, that there is probable cause to believe that a judge or
justice has violated a rule of judicial conduct or that the judge
or justice suffers from a disability which is permanent or likely
to become permanent and which seriously interferes with the
performance of judicial duties, the commission shall conduct a
public hearing or hearings and shall make public all those records
of the initial proceeding that provide the basis for its
conclusion. If the commission concludes that there is not probable
cause, it shall notify the judge or justice of its conclusion.
(4) Upon the completion of the hearing or hearings, the
commission in open session shall either dismiss the case, or shall
admonish, reprimand, or censure the judge or justice, or shall
censure the judge or justice and recommend to the supreme court the
suspension or removal of the judge or justice, or shall recommend
to the supreme court the retirement of the judge or justice. The
commission may not recommend suspension or removal unless it
censures the judge or justice for the violation serving as the
basis for the recommendation. The commission may recommend
retirement of a judge or justice for a disability which is
permanent or likely to become permanent and which seriously
interferes with the performance of judicial duties.
(5) Upon the recommendation of the commission, the supreme court
may suspend, remove, or retire a judge or justice. The office of
a judge or justice retired or removed by the supreme court becomes
vacant, and that person is ineligible for judicial office until
eligibility is reinstated by the supreme court. The salary of a
removed judge or justice shall cease. The supreme court shall
specify the effect upon salary when it suspends a judge or justice.
The supreme court may not suspend, remove, or retire a judge or
justice until the commission, after notice and hearing, recommends
that action be taken, and the supreme court conducts a hearing,
after notice, to review commission proceedings and findings against
the judge or justice.
(6) Within thirty days after the commission admonishes,
reprimands, or censures a judge or justice, the judge or justice
shall have a right of appeal de novo to the supreme court.
(7) Any matter before the commission or supreme court may be
disposed of by a stipulation entered into in a public proceeding.
The stipulation shall be signed by the judge or justice and the
commission or court. The stipulation may impose any terms and
conditions deemed appropriate by the commission or court. A
stipulation shall set forth all material facts relating to the
proceeding and the conduct of the judge or justice.
(8) Whenever the commission adopts a recommendation that a judge
or justice be removed, the judge or justice shall be suspended
immediately, with salary, from his or her judicial position until
a final determination is made by the supreme court.
(9) The legislature shall provide for commissioners' terms of
office and compensation. The commission shall employ one or more
investigative officers with appropriate professional training and
experience. The investigative officers of the commission shall
report directly to the commission. The commission shall also
employ such administrative or