Supreme court vacancies

AN ACT Relating to requiring senate confirmation of gubernatorial 1
appointments to vacancies on the supreme court; amending RCW 2
2.04.100, 43.06.092, and 43.06.094; and providing a contingent 3
effective date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 2.04.100 and 1971 c 81 s 3 are each amended to read 6
as follows: 7
(1) If a vacancy occurs in the office of a justice of the supreme 8
court, the governor shall appoint a person to ((hold)) the office 9
subject to confirmation by the senate as provided in this section.10
(2) If the appointment is made during a regular legislative 11
session, the senate must hold the vote to confirm or reject the 12
appointment prior to the adjournment of the session.13
(3) If the appointment is made during a special session or while 14
the legislature is not in session, the senate must hold the vote to 15
confirm or reject the appointment at the earlier of either a special 16
session convened for the purpose of holding the vote or the next 17
regularly scheduled legislative session following the appointment.18
(4) An affirmative vote by at least two-thirds of all members 19
elected to the senate is required to confirm an appointee.20
H-1235.1
HOUSE BILL 1928
State of Washington 69th Legislature 2025 Regular Session
By Representatives Abell, Couture, Marshall, Chase, Barnard, Keaton,
and Griffey
Read first time 02/10/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1928
(5) An appointee who is confirmed by the senate shall hold the 1
office until the election and qualification of a justice to fill the 2
vacancy, which election shall take place at the next succeeding 3
general election, and the justice so elected shall hold the office 4
for the remainder of the unexpired term. 5
(6) An appointee who is rejected by the vote of the senate may 6
not be reappointed to the same office for a period of at least two 7
calendar years from the date of the senate vote.8
Sec. 2. RCW 43.06.092 and 1981 c 338 s 2 are each amended to 9
read as follows: 10
(1) ((Any)) Except as otherwise provided in subsection (3) of 11
this section, any gubernatorial appointee subject to senate 12
confirmation shall continue to serve unless rejected by a vote of the 13
senate. An appointee who is rejected by a vote of the senate shall 14
not be reappointed to the same position for a period of one year from 15
termination of service. 16
(2) Any person appointed by the governor to fill the unexpired 17
term of an appointment subject to senate confirmation must also be 18
confirmed by the senate. 19
(3) This section does not apply to gubernatorial appointees to 20
fill judicial vacancies as provided for in RCW 2.04.100.21
Sec. 3. RCW 43.06.094 and 1981 c 338 s 1 are each amended to 22
read as follows: 23
Gubernatorial appointees subject to senate confirmation, other 24
than those who serve at the governor's pleasure and other than those 25
appointed to fill judicial vacancies as provided for in RCW 2.04.100, 26
may not be removed from office without cause by the governor prior to 27
confirmation except upon consent of the senate as provided for by the 28
rules of the senate. 29
NEW SECTION. Sec. 4. This act takes effect January 1, 2026, if 30
the proposed amendment to Article IV, section 3 of the state 31
Constitution providing for senate confirmation of gubernatorial 32
appointments to vacancies on the supreme court (House Joint 33
Resolution No. . . . . (H-1236/25)) is validly submitted to and is 34
approved and ratified by the voters at the next general election. If 35
p. 2 HB 1928
the proposed amendment is not approved and ratified, this act is void 1
in its entirety. 2
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p. 3 HB 1928