| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to requiring senate confirmation of gubernatorial appointments to vacancies on the supreme court; |
| Bill Description | Requiring senate confirmation of gubernatorial appointments to vacancies on the supreme court. |
|
What this bill does
Powered by Legitron |
This bill changes state law governing gubernatorial appointments by amending RCW 2.04.100, 43.06.092, and 43.06.094 to make filling a Washington Supreme Court vacancy a gubernatorial appointment that is subject to Washington State Senate confirmation. It establishes procedural rules for that confirmation: if the governor appoints during a regular legislative session, the senate must vote to confirm or reject before that session adjourns; if the appointment occurs during a special session or while the legislature is not in session, the senate must vote at the earlier of a special session convened for that purpose or the next regular session. Confirmation of a supreme court appointee requires an affirmative vote of two-thirds of all members elected to the senate.
The bill also sets term and reappointment rules: a confirmed appointee serves until the election and qualification of a justice at the next succeeding general election, and the elected justice then serves the remainder of the unexpired term. A supreme court appointee rejected by the senate may not be reappointed to the same office for at least two calendar years from the senate vote. For other gubernatorial appointees subject to senate confirmation, rejection bars reappointment to the same position for one year from termination of service. It requires that a person appointed by the governor to fill the unexpired term of an appointment subject to senate confirmation must also be confirmed, and it limits the governor’s ability to remove appointees who are subject to confirmation (except those who serve at the governor’s pleasure and except judicial vacancies under RCW 2.04.100) by prohibiting removal without cause prior to confirmation absent the senate’s consent as provided by senate rules.
The act’s effective date is conditional: it would take effect January 1, 2026 only if a proposed amendment to Article IV, section 3 of the state Constitution (identified here by a House Joint Resolution number shown with ellipses) providing for senate confirmation of gubernatorial appointments to supreme court vacancies is validly submitted to and approved and ratified by voters at the next general election; if that constitutional amendment is not approved, the act is void. The text of the proposed constitutional amendment and the complete joint resolution number are not included in the provided material, and other related provisions or definitions that may appear elsewhere are not present.
|
|
Why it matters
Powered by Legitron |
If enacted, the governor would no longer be able to place interim Washington Supreme Court justices without the Senate’s formal approval: appointments would need a two-thirds Senate vote within tight timing rules, confirmed appointees would serve only until voters elect a successor at the next general election, and rejected nominees face multi-year bans on reappointment. Practically, that shifts real decision-making power toward the Senate, makes governors more likely to consult and compromise when choosing nominees, raises the risk of longer vacancies if a two-thirds vote can’t be reached, and increases uncertainty for prospective appointees who now face confirmation and reappointment limits; other nonjudicial appointees gain protection from removal without cause and similar reappointment limits.
The measure only takes effect January 1, 2026 if voters approve a companion constitutional amendment at the next general election; if that amendment is not approved the law would be void. The exact language of the constitutional change and some procedural details are not included in the facts provided, so the full scope of how timing and enforcement would work remains unclear.
|
| Official Documents | View Full Bill Text |
| Date Introduced | 02/10/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $635,014.31 |
| COURTS |