reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.170 - Expenses of visiting judge.

RCW 2.08.170
Expenses of visiting judge.
Any judge of the superior court of any county in this state who shall hold a session of the superior court of any other county, in pursuance of the provisions of RCW 2.08.140 through 2.08.170 shall be entitled to receive from the county in which he or she shall hold such sessions reimbursement for subsistence, lodging, and travel expenses in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060 as now or hereafter amended. The county clerk of such county shall, upon the presentation to him or her by such judge of a statement of such expenses, verified by his or her affidavit, issue to such judge a certificate that he or she is entitled to the amount thereof; and upon presentation of such certificate to the auditor of such county he or she shall draw a warrant on the current expense fund of such county for the amount in favor of such judge.
[ 2011 c 336 § 17; 1981 c 186 § 3; 1893 c 43 § 4; RRS § 30. Prior: 1890 p 329 § 4.]
NOTES:
Holding court in another county or district—Reimbursement for expenses: RCW 2.56.070.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.180 - Judge pro tempore—Appointment—Oath—Compensation.

RCW 2.08.180
Judge pro tempore—Appointment—Oath—Compensation.
A case in the superior court of any county may be tried by a judge pro tempore, who must be either: (1) 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; or (2) pursuant to supreme court rule, any sitting elected judge. Any action in the trial of such cause shall have the same effect as if it was made by a judge of such court. 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.
A judge pro tempore shall, before entering upon his or her duties in any cause, take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge pro tempore in the cause wherein . . . . . . is plaintiff and . . . . . . defendant, according to the best of my ability."
A judge pro tempore who is a practicing attorney or who is a retired judge of a court of the state of Washington, shall receive a compensation of one-two hundred fiftieth of the annual salary of a superior court judge for each day engaged in said trial, to be paid in the same manner as the salary of the superior judge. A judge who is an active full-time judge of a court of the state of Washington shall receive no compensation as judge pro tempore. A judge who is an active part-time judge of a court of the state of Washington may receive compensation as a judge pro tempore only when sitting as a judge pro tempore during time for which he or she is not compensated as a part-time judge. A retired justice or judge may decline to accept compensation.
[ 2023 c 24 § 1; 2005 c 142 § 1; 2003 c 247 § 1; 2002 c 137 § 1; 1987 c 73 § 1; 1971 c 81 § 6; 1967 c 149 § 1; 1890 p 343 § 11; RRS § 40.]
NOTES:
Contingent effective date—1987 c 73: "This act shall take effect January 1, 1988, if the proposed amendment to Article IV, section 7 of the state Constitution, allowing retiring judges to hear pending cases, is validly submitted to and is approved and ratified by the voters at a general election held in November, 1987. If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety." [ 1987 c 73 § 2.] Amendment 80 of the state Constitution, amending Article IV, section 7, was approved by the voters November 3, 1987.
Judges pro tempore: State Constitution Art. 4 § 7.
appointments: RCW 2.56.170.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.185 - Attorney serving as guardian ad litem—Disqualification as judge pro tempore or commissioner pro tempore—Circumstances.

RCW 2.08.185
Attorney serving as guardian ad litem—Disqualification as judge pro tempore or commissioner pro tempore—Circumstances.
An attorney may not serve as a superior court judge pro tempore or a superior court commissioner pro tempore in a judicial district while appointed to or serving on a case in that judicial district as a guardian ad litem for compensation under Title 11, 13, or 26 RCW, if that judicial district is contained within division one or two of the court of appeals and has a population of more than one hundred thousand.
[ 1996 c 249 § 12.]
NOTES:
Intent—1996 c 249: See note following RCW 2.56.030.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.190 - Powers of judge in counties of his or her district.

RCW 2.08.190
Powers of judge in counties of his or her district.
Any judge of the superior court of the state of Washington shall have power, in any county within his or her district: (1) To sign all necessary orders and papers in probate matters pending in any other county in his or her district; (2) to issue restraining orders, and to sign the necessary orders of continuance in actions or proceedings pending in any other county in his or her district; (3) to decide and rule upon all motions, demurrers, issues of fact, or other matters that may have been submitted to him or her in any other county. All such rulings and decisions shall be in writing and shall be filed immediately with the clerk of the proper county: PROVIDED, That nothing herein contained shall authorize the judge to hear any matter outside of the county wherein the cause or proceeding is pending, except by consent of the parties.
[ 2011 c 336 § 18; 1901 c 57 § 1; RRS § 41.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.200 - Decisions and rulings in matters heard outside judge's district.

RCW 2.08.200
Decisions and rulings in matters heard outside judge's district.
Any judge of the superior court of the state of Washington who shall have heard any cause, either upon motion, demurrer, issue of fact, or other matter in any county out of his or her district, may decide, rule upon, and determine the same in any county in this state, which decision, ruling, and determination shall be in writing and shall be filed immediately with the clerk of the county where such cause is pending.
[ 2011 c 336 § 19; 1901 c 57 § 2; RRS § 42.]
NOTES:
Rules of court: Statute modified or superseded by CR 7(c).
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.210 - Extent of court's process—Venue.

RCW 2.08.210
Extent of court's process—Venue.
The process of the superior courts shall extend to all parts of the state: PROVIDED, That all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon, real estate, shall be commenced in the county in which the real estate, or any part thereof, affected by such action or actions is situated.
[ 1890 p 343 § 9; RRS § 32.]
NOTES:
Rules of court: Cf. CR 4(f).
Extent of process: State Constitution Art. 4 § 6 (Amendment 28).
Venue: Chapter 4.12 RCW.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.220 - Process, to whom directed.

RCW 2.08.220
Process, to whom directed.
Unless otherwise provided by statute, all process issuing out of the court shall be directed to the sheriff of the county in which it is to be served, and be by him or her executed according to law.
[ 2011 c 336 § 20; 1891 c 45 § 5; RRS § 35.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.230 - Uniform rules to be established.

RCW 2.08.230
Uniform rules to be established.
The judges of the superior courts shall, from time to time, establish uniform rules for the government of the superior courts.
[ 1890 p 344 § 13; RRS § 36.]
NOTES:
Rule-making power, supreme court: RCW 2.04.180 through 2.04.210.
Superior court rules: State Constitution Art. 4 § 24.
Supplementary superior court rules: RCW 2.04.210.
Uniform court rules: RCW 2.16.040.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.240 - Limit of time for decision.

RCW 2.08.240
Limit of time for decision.
Every case submitted to a judge of a superior court for his or her decision shall be decided by him or her 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 or she is to decide shall commence at the time the cause is submitted upon such rehearing, and upon willful failure of any such judge so to do, he or she shall be deemed to have forfeited his or her office.
[ 2011 c 336 § 21; 1890 p 344 § 12; RRS § 39.]
NOTES:
Decisions, when to be made: State Constitution Art. 4 § 20.
Payment of county's portion: RCW 2.08.100.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.08 - Superior Courts. › 2.08.250 - Report to judges of supreme court.

RCW 2.08.250
Report to judges of supreme court.
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.
[ 1890 p 344 § 14; RRS § 11050.]
NOTES:
Annual report to supreme court: State Constitution Art. 4 § 25.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.040 - System created—Coverage—Exclusions.

RCW 2.10.040
System created—Coverage—Exclusions.
The Washington judicial retirement system is hereby created for judges appointed or elected under the provisions of chapters 2.04, 2.06, and 2.08 RCW. All judges first appointed or elected to the courts covered by these chapters on or after August 9, 1971, and prior to July 1, 1988, shall be members of this system: PROVIDED, That following February 23, 1984, and until July 1, 1988, any newly elected or appointed judge holding credit toward retirement benefits under chapter 41.40 RCW shall be allowed thirty days from the effective date of election or appointment to such judgeship to make an irrevocable choice filed in writing with the department of retirement systems to continue coverage under that chapter and to be permanently excluded from coverage under this chapter for the current or any future term as a judge. All judges first appointed or elected to the courts covered by these chapters on or after July 1, 1988, shall not be members of this system, but may become members of the public employees' retirement system under chapter 41.40 RCW on the same basis as other elected officials as provided in RCW 41.40.023(3).
Any member of the retirement system who is serving as a judge as of July 1, 1988, has the option on or before December 31, 1989, of becoming a member of the retirement system created in chapter 41.40 RCW, subject to the conditions imposed by RCW 41.40.095. The option may be exercised by making an irrevocable choice filed in writing with the department of retirement systems to be permanently excluded from this system for all service as a judge. In the case of a former member of the retirement system who is not serving as a judge on July 1, 1988, the written election must be filed within one year after reentering service as a judge.
[ 1988 c 109 § 2; 1984 c 37 § 1; 1971 ex.s. c 267 § 4.]
NOTES:
Effective date—1988 c 109: See note following RCW 2.10.030.
Transfers to system, prior service credit: RCW 2.10.220.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.052 - Retirement board abolished—Transfer of powers, duties, and functions.

RCW 2.10.052
Retirement board abolished—Transfer of powers, duties, and functions.
The Washington judicial retirement board established by this chapter is abolished. All powers, duties, and functions of the board are transferred to the director of retirement systems.
[ 1982 c 163 § 1.]
NOTES:
Severability—1982 c 163: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 163 § 24.]
Effective date—1982 c 163: "This act shall take effect June 30, 1982." [ 1982 c 163 § 25.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.070 - Retirement board—Duties.

RCW 2.10.070
Retirement board—Duties.
The retirement board shall perform the following duties:
(1) Keep in convenient form such data as shall be deemed necessary for actuarial evaluation purposes;
(2) As of July 1st of every even-numbered year have an actuarial evaluation made as to the mortality and service experience of the beneficiaries under this chapter and the various accounts created for the purpose of showing the financial status of the retirement fund;
(3) Adopt for the retirement system the mortality tables and such other tables as shall be deemed necessary;
(4) Keep a record of its proceedings, which shall be open to inspection by the public;
(5) Serve without compensation but shall be reimbursed for expense incident to service as individual members thereof;
(6) From time to time adopt such rules and regulations not inconsistent with this chapter for the administration of this chapter and for the transaction of the business of the board.
No member of the board shall be liable for the negligence, default, or failure of any employee or of any member of the board to perform the duties of his or her office and no member of the board shall be considered or held to be an insurer of the funds or assets of the retirement system, but shall be liable only for his or her own personal default or individual failure to perform his or her duties as such member and to exercise reasonable diligence in providing for safeguarding of the funds and assets of the system.
[ 2011 c 336 § 22; 1971 ex.s. c 267 § 7.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.080 - Funds and securities.

RCW 2.10.080
Funds and securities.
(1) The state treasurer shall be the custodian of all funds and securities of the retirement system. Disbursements from this fund shall be made by the state treasurer upon receipt of duly authorized vouchers.
(2) The state treasurer is hereby authorized and directed to deposit any portion of the funds of the retirement system not needed for immediate use in the same manner and subject to all the provisions of law with respect to the deposit of state funds by such treasurer. All investment income earned by such portion of the retirement system's funds as may be deposited by the state treasurer in pursuance of authority herewith given shall be collected by him or her and placed to the credit of the retirement fund, less the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(3) For the purpose of providing amounts to be used to defray the cost of administration, the judicial retirement board shall ascertain at the beginning of each biennium and request from the legislature an appropriation sufficient to cover estimated expenses for the said biennium.
[ 2012 c 187 § 16; 1991 sp.s. c 13 § 114; 1981 c 3 § 22; 1973 1st ex.s. c 103 § 1; 1971 ex.s. c 267 § 8.]
NOTES:
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Intent of amendment—1981 c 3: "The amendment of RCW 2.10.080, 2.12.070, 41.26.060, 41.26.070, and 41.40.080 by this 1980 act is intended solely to provide for the investment of state funds and is not intended to alter the administration of the affected retirement systems by the department of retirement systems under chapter 41.50 RCW." [ 1981 c 3 § 44.]
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.
Severability—1973 1st ex.s. c 103: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 1st ex.s. c 103 § 20.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.090 - Funding.

RCW 2.10.090
Funding.
The total liability, as determined by the actuary, of this system shall be funded as follows:
(1) Every judge shall have deducted from his or her monthly salary an amount equal to seven and one-half percent of said salary.
(2) The state as employer shall contribute an equal amount on a quarterly basis.
(3) The state shall in addition guarantee the solvency of said fund and the legislature shall make biennial appropriations from the general fund of amounts sufficient to guarantee the making of retirement payments as herein provided for if the money in the judicial retirement fund shall become insufficient for that purpose, but such biennial appropriation may be conditioned that sums appropriated may not be expended unless the money in the judicial retirement fund shall become insufficient to meet the retirement payments.
[ 2011 c 336 § 23; 1971 ex.s. c 267 § 9.]
NOTES:
Members' retirement contributions—Pick up by employer: RCW 41.04.445.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.100 - Retirement for service or age.

RCW 2.10.100
Retirement for service or age.
Retirement of a member for service shall be made by the retirement board as follows:
(1) Any judge who, on August 9, 1971 or within one year thereafter, shall have completed as a judge the years of actual service required under chapter 2.12 RCW and who shall elect to become a member of this system, shall in all respects be deemed qualified to retire under this retirement system upon the member's written request.
(2) Any member who has completed fifteen or more years of service may be retired upon the member's written request but shall not be eligible to receive a retirement allowance until the member attains the age of sixty years.
(3) Any member who attains the age of seventy-five years shall be retired at the end of the calendar year in which the member attains such age.
(4) Any judge who involuntarily leaves service or who is appointed to a position as a federal judge or federal magistrate at any time after having served an aggregate of twelve years shall be eligible to a partial retirement allowance computed according to RCW 2.10.110 and shall receive this allowance upon the attainment of the age of sixty years and fifteen years after the beginning of the member's judicial service.
[ 1995 c 305 § 1; 1988 c 109 § 3; 1971 ex.s. c 267 § 10.]
NOTES:
Retroactive application—1995 c 305: "Section 1 of this act shall apply retroactively to October 1, 1994." [ 1995 c 305 § 2.]
Effective date—1988 c 109: See note following RCW 2.10.030.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.110 - Service retirement allowance.

RCW 2.10.110
Service retirement allowance.
A member upon retirement for service shall receive a monthly retirement allowance computed according to his or her completed years of service, as follows: Ten years, but less than fifteen years, three percent of his or her final average salary for each year of service; fifteen years and over, three and one-half percent of his or her final average salary for each year of service: PROVIDED, That in no case shall any retired member receive more than seventy-five percent of his or her final salary except as increased as a result of the cost of living increases as provided by this chapter.
[ 2011 c 336 § 24; 1971 ex.s. c 267 § 11.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.120 - Retirement for disability—Procedure.

RCW 2.10.120
Retirement for disability—Procedure.
(1) Any judge who has served as a judge for a period of ten or more years, and who shall believe he or she has become physically or otherwise permanently incapacitated for the full and efficient performance of the duties of his or her office, may file with the retirement board an application in writing, asking for retirement. Upon receipt of such application the retirement board shall appoint one or more physicians of skill and repute, duly licensed to practice their professions in the state of Washington, who shall, within fifteen days thereafter, for such compensation as may be fixed by the board, to be paid out of the fund herein created, examine said judge and report in writing to the board their findings in the matter. If the physicians appointed by the board find the judge to be so disabled and the retirement board concurs in this finding the judge shall be retired.
(2) The retirement for disability of a judge, who has served as a judge for a period of ten or more years, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (House Joint Resolution No. 37, approved by the voters November 4, 1980), with the concurrence of the retirement board, shall be considered a retirement under subsection (1) of this section.
[ 2011 c 336 § 25; 1982 c 18 § 1; 1971 ex.s. c 267 § 12.]
NOTES:
Reviser's note: House Joint Resolution No. 37, approved by the voters November 4, 1980, became Amendment 71 to the state Constitution.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.130 - Retirement for disability allowance.

RCW 2.10.130
Retirement for disability allowance.
Upon a judge being retired for disability as provided in RCW 2.10.120, he or she shall receive from the fund an amount equal to one-half of his or her final average salary.
[ 2011 c 336 § 26; 1971 ex.s. c 267 § 13.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.140 - Survivor's benefits.

RCW 2.10.140
Survivor's benefits.
(1) A surviving spouse of any judge holding such office, or if he or she dies after having retired and who, at the time of his or her death, has served ten or more years in the aggregate, shall receive a monthly allowance equal to fifty percent of the retirement allowance the retired judge was receiving, or fifty percent of the retirement allowance the active judge would have received had he or she been retired on the date of his or her death, but in no event less than twenty-five percent of the final average salary that the deceased judge was receiving: PROVIDED, That said surviving spouse had been married to the judge for a minimum of two years at time of death.
(2) A judge holding office on July 1, 1988, may make an irrevocable choice to relinquish the survivor benefits provided by this section in exchange for the survivor benefits provided by RCW 2.10.144 and 2.10.146 by indicating the choice in a written declaration submitted to the department of retirement systems by December 31, 1988.
(3) The surviving spouse of any judge who died in office after January 1, 1986, but before July 1, 1988, may elect to receive the survivor benefit provided in RCW 2.10.144(1).
[ 2011 c 336 § 27; 1988 c 109 § 7; 1984 c 37 § 2; 1971 ex.s. c 267 § 14.]
NOTES:
Application—1988 c 109 § 7(1): "The amendment to RCW 2.10.140(1) in section 7(1), chapter 109, Laws of 1988 shall apply on a retroactive basis to the surviving spouse of any judge who retired before July 1, 1988, if the surviving spouse had not remarried before July 1, 1988." [ 1989 c 139 § 1.]
Effective date—1988 c 109: See note following RCW 2.10.030.
Application—1984 c 37 § 2: "Section 2 of this 1984 act applies in respect to each surviving spouse who first applies for benefits under RCW 2.10.140 after January 1, 1984." [ 1984 c 37 § 3.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.144 - Payment of accumulated contributions or retirement allowance upon death—Election.

RCW 2.10.144
Payment of accumulated contributions or retirement allowance upon death—Election.
(1) If a judge dies before the date of retirement, the amount of the accumulated contributions standing to the judge's credit at the time of death shall be paid to the member's estate, or such person or persons, trust, or organization as the judge has nominated by written designation duly executed and filed with the department of retirement systems. If there is no such designated person or persons still living at the time of the judge's death, or if the judge fails to file a new beneficiary designation subsequent to marriage, remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or retirement, the judge's credited accumulated contributions shall be paid to the surviving spouse as if in fact the spouse had been nominated by written designation or, if there is no such surviving spouse, then to the judge's legal representatives.
(2) Upon the death in service of any judge who is qualified but has not applied for a service retirement allowance or has completed ten years of service at the time of death, the designated beneficiary, or the surviving spouse as provided in subsection (1) of this section, may elect to waive the payment provided by subsection (1) of this section. Upon such an election, a joint and one hundred percent survivor option under RCW 2.10.146 shall automatically be given effect as if selected for the benefit of the surviving spouse or dependent who is the designated beneficiary, except that if the judge is not then qualified for a service retirement allowance, the option II benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased judge would have first qualified for a service retirement allowance. However, subsection (1) of this section, unless elected, shall not apply to any judge who has applied for a service retirement and thereafter dies between the date of separation from service and the judge's effective retirement date, where the judge has selected a survivorship option under RCW 2.10.146(1)(b). In those cases, the beneficiary named in the judge's final application for service retirement may elect to receive either a cash refund or monthly payments according to the option selected by the judge.
[ 1995 c 144 § 20; 1990 c 249 § 13; 1988 c 109 § 8.]
NOTES:
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—1988 c 109: See note following RCW 2.10.030.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.155 - Suspension of retirement allowance upon employment—Exceptions—Reinstatement—Pro tempore service.

RCW 2.10.155
Suspension of retirement allowance upon employment—Exceptions—Reinstatement—Pro tempore service.
(1) No judge shall be eligible to receive the judge's monthly service or disability retirement allowance if the retired judge is employed:
(a) For more than eight hundred ten hours in a calendar year as a pro tempore judge; or
(b) In an eligible position as defined in RCW 41.40.010 or 41.32.010, or as a law enforcement officer or firefighter as defined in RCW 41.26.030.
(2) Subsection (1) of this section notwithstanding, a previously elected judge of the superior court who retired before June 7, 1990, leaving a pending case in which the judge had made discretionary rulings may hear the pending case as a judge pro tempore without having his or her retirement allowance suspended.
(3) If a retired judge's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retired judge's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.
(4) The department shall adopt rules implementing this section.
[ 1990 c 274 § 14; 1988 c 109 § 10.]
NOTES:
Findings—Construction—1990 c 274: See notes following RCW 41.32.010.
Application—Reservation—1990 c 274 §§ 11, 12, 14, and 15: See note following RCW 41.40.690.
Effective date—1988 c 109: See note following RCW 2.10.030.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.165 - Refund of certain contributions.

RCW 2.10.165
Refund of certain contributions.
If a judge who was a member of this system left the system before July 1, 1988, and neither the judge nor the judge's surviving spouse: (1) Was eligible at that time to receive a benefit under this chapter; or (2) has received an amount under a sundry claims appropriation from the state legislature intended as a refund of the judge's contributions paid under RCW 2.10.090(1); then the judge or the judge's surviving spouse may apply to the department for and receive a refund of such contributions.
[ 1991 c 159 § 1.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.170 - Cost-of-living adjustment.

RCW 2.10.170
Cost-of-living adjustment.
Effective July 1, 1972, and of each succeeding year, every retirement allowance which has been in effect for one year or more shall be adjusted to that dollar amount which bears the ratio to its original dollar amount which the retirement board finds to exist between the index for the previous calendar year and the index for the calendar year prior to the date the retirement allowance became payable: PROVIDED, That the amount of increase or decrease in any one year shall not exceed three percent of the then payable retirement allowance: AND PROVIDED FURTHER, That this cost-of-living adjustment shall not reduce any pension below that amount which was payable at time of retirement.
[ 1971 ex.s. c 267 § 17.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.180 - Benefits exempt from taxation and judicial process—Exceptions—Deductions for group insurance premiums.

RCW 2.10.180
Benefits exempt from taxation and judicial process—Exceptions—Deductions for group insurance premiums.
(1) Except as provided in subsections (2), (3), and (4) of this section, the right of a person to a retirement allowance, disability allowance, or death benefit, the retirement, disability or death allowance itself, any optional benefit, any other right accrued or accruing to any person under the provisions of this chapter, and the moneys in the fund created under this chapter, are hereby exempt from any state, county, municipal, or other local tax and shall not be subject to execution, garnishment, or any other process of law whatsoever whether the same be in actual possession of the person or be deposited or loaned.
(2) Subsection (1) of this section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington.
(3) Deductions made in the past from retirement benefits are hereby expressly recognized, ratified, and affirmed. Future deductions may only be made in accordance with this section.
(4) Subsection (1) of this section shall not prohibit the department of retirement systems from complying with (a) a wage assignment order for child support issued pursuant to chapter 26.18 RCW, (b) a notice of payroll deduction issued under chapter 26.23 RCW, (c) an order to withhold and deliver issued pursuant to chapter 74.20A RCW, (d) a mandatory benefits assignment order issued pursuant to chapter 41.50 RCW, (e) a court order directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500(3) which fully complies with RCW 41.50.670 and 41.50.700, or (f) any administrative or court order expressly authorized by federal law.
[ 2012 c 159 § 17; 1991 c 365 § 18; 1989 c 360 § 22; 1987 c 326 § 17; 1982 1st ex.s. c 52 § 1; 1979 ex.s. c 205 § 1; 1971 ex.s. c 267 § 18.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 326: See RCW 41.50.901.
Effective dates—1982 1st ex.s. c 52: "(1) Sections 9 and 34 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
(2) The remainder of this act shall take effect July 1, 1982." [ 1982 1st ex.s. c 52 § 37.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.190 - Hearing prior to judicial review—Required—Notice.

RCW 2.10.190
Hearing prior to judicial review—Required—Notice.
Any person aggrieved by any final decision of the retirement board must, before petitioning for judicial review, file with the director of the retirement system by mail or personally within sixty days from the day such decision was communicated to such person, a notice for a hearing before the retirement board. The notice of hearing shall set forth in full detail the grounds upon which such person considers such decision unjust or unlawful and shall include every issue to be considered by the retirement board, and it must contain a detailed statement of facts upon which such person relies in support thereof. Such persons shall be deemed to have waived all objections or irregularities concerning the matter on which such appeal is taken other than those records of the retirement system.
[ 1971 ex.s. c 267 § 19.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.200 - Hearing prior to judicial review—Conduct.

RCW 2.10.200
Hearing prior to judicial review—Conduct.
A hearing shall be held by the department of retirement systems, or an authorized representative, in the county of the residence of the claimant at a time and place designated by the director. Such hearings shall be de novo and shall conform to the provisions of chapter 34.05 RCW. The retirement system may appear in all such proceedings and introduce testimony in support of the decision. Judicial review of any final decision by the director is governed by the provisions of chapter 34.05 RCW.
[ 1989 c 175 § 37; 1971 ex.s. c 267 § 20.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.210 - Hearing prior to judicial review—No bond required.

RCW 2.10.210
Hearing prior to judicial review—No bond required.
No bond of any kind shall be required of a claimant appealing to the superior court, the court of appeals, or the supreme court from a finding of the retirement board affecting such claimant's right to retirement or disability benefits.
[ 1971 ex.s. c 267 § 21.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.230 - Cessation of benefits upon appointment or election to court.

RCW 2.10.230
Cessation of benefits upon appointment or election to court.
Any person receiving retirement benefits from this system who is appointed or elected to a court under chapter 2.04, 2.06, or 2.08 RCW shall upon the first day of entering such office become a member of this system and his or her retirement benefits shall cease. Pro tempore service as a judge of a court of record shall not constitute appointment as that term is used in this section. Upon leaving such office, a person shall have his or her benefits recomputed or restored, as determined in this chapter: PROVIDED, That no such person shall receive a benefit less than that which was being paid at the time his or her benefit ceased.
[ 1988 c 109 § 4.]
NOTES:
Effective date—1988 c 109: See note following RCW 2.10.030.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.10 - Judicial Retirement System. › 2.10.900 - Construction—Domestic relations terms—2009 c 521.

RCW 2.10.900
Construction—Domestic relations terms—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 5.]
NOTES:
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: "(1) Sections 5 through 8, 79, 87 through 103, 107, 151, 173 through 175, and 190 through 192 of this act take effect January 1, 2014.
(2) Sections 165 and 166 of this act take effect August 1, 2009." [ 2009 c 521 § 201.]
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.12 - Retirement of Judges—Retirement System. › 2.12.010 - Retirement for service or age.

RCW 2.12.010
Retirement for service or age.
Any judge of the supreme court, court of appeals, or superior court of the state of Washington who heretofore and/or hereafter shall have served as a judge of any such courts for eighteen years in the aggregate or who shall have served ten years in the aggregate and shall have attained the age of seventy years or more may, during or at the expiration of his or her term of office, in accordance with the provisions of this chapter, be retired and receive the retirement pay herein provided for. In computing such term of service, there shall be counted the time spent by such judge in active service in the armed forces of the United States of America, under leave of absence from his or her judicial duties as provided for under chapter 201, Laws of 1941: PROVIDED, HOWEVER, That in computing such credit for such service in the armed forces of the United States of America no allowance shall be made for service beyond the date of the expiration of the term for which such judge was elected. Any judge desiring to retire under the provisions of this section shall file with the director of retirement systems, a notice in duplicate in writing, verified by his or her affidavit, fixing a date when he or she desires his or her retirement to commence, one copy of which the director shall forthwith file with the administrator for the courts. The notice shall state his or her name, the court or courts of which he or she has served as judge, the period of service thereon and the dates of such service.
[ 2011 c 336 § 29; 1982 1st ex.s. c 52 § 2; 1973 c 106 § 4; 1971 c 30 § 1; 1943 c 221 § 1; 1937 c 229 § 1; Rem. Supp. 1943 § 11054-1.]
NOTES:
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Construction—1971 c 30: "The provisions of this 1971 amendatory act shall be construed in accordance with RCW 2.06.100 which provides for the retirement of judges of the court of appeals." [ 1971 c 30 § 7.]
Severability—1937 c 229: "If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional." [ 1937 c 229 § 10; RRS § 11054-10.] This applies to RCW 2.12.010, 2.12.020, 2.12.030, and 2.12.040 through 2.12.070.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.12 - Retirement of Judges—Retirement System. › 2.12.012 - Partial pension for less than eighteen years service—When authorized, amount.

RCW 2.12.012
Partial pension for less than eighteen years service—When authorized, amount.
Any judge of the supreme court, court of appeals, or superior court of this state who shall leave judicial service at any time after having served as a judge of any of such courts for an aggregate of twelve years shall be eligible to a partial retirement pension in a percentage of the pension provided in this chapter as determined by the proportion his or her years of judicial service bears to eighteen and shall receive the same upon attainment of age seventy, or eighteen years after the commencement of such judicial service, whichever shall occur first.
[ 2011 c 336 § 30; 1971 c 30 § 2; 1961 c 286 § 1.]
NOTES:
Construction—1971 c 30: See note following RCW 2.12.010.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.12 - Retirement of Judges—Retirement System. › 2.12.015 - Additional pension for more than eighteen years service—Amount.

RCW 2.12.015
Additional pension for more than eighteen years service—Amount.
In the event any judge of the supreme court, court of appeals, or superior court of the state serves more than eighteen years in the aggregate as computed under RCW 2.12.010, he or she shall receive in addition to any other pension benefits to which he or she may be entitled under this chapter, an additional pension benefit based upon one-eighteenth of his or her salary for each year of full service after eighteen years, provided his or her total pension shall not exceed seventy-five percent of the monthly salary he or she was receiving as a judge at the time of his or her retirement.
[ 2011 c 336 § 31; 1971 c 30 § 3; 1961 c 286 § 2.]
NOTES:
Construction—1971 c 30: See note following RCW 2.12.010.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.12 - Retirement of Judges—Retirement System. › 2.12.020 - Retirement for disability.

RCW 2.12.020
Retirement for disability.
(1) Any judge of the supreme court, court of appeals, or superior court of the state of Washington, who heretofore and/or hereafter shall have served as a judge of any such courts for a period of ten years in the aggregate, and who shall believe he or she has become physically or otherwise permanently incapacitated for the full and efficient performance of the duties of his or her office, may file with the director of retirement systems an application in duplicate in writing, asking for retirement, which application shall be signed and verified by the affidavit of the applicant or by someone in his or her behalf and which shall set forth his or her name, the office then held, the court or courts of which he or she has served as judge, the period of service thereon, the dates of such service and the reasons why he or she believes himself or herself to be, or why they believe him or her to be incapacitated. Upon filing of such application the director shall forthwith transmit a copy thereof to the governor who shall appoint three physicians of skill and repute, duly licensed to practice their professions in the state of Washington, who shall, within fifteen days thereafter, for such compensation as may be fixed by the governor, to be paid out of the fund hereinafter created, examine said judge and report, in writing, to the governor their findings in the matter. If a majority of such physicians shall report that in their opinion said judge has become permanently incapacitated for the full and efficient performance of the duties of his or her office, and if the governor shall approve such report, he or she shall file the report, with his or her approval endorsed thereon, in the office of the director and a duplicate copy thereof with the administrator for the courts, and from the date of such filing the applicant shall be deemed to have retired from office and be entitled to the benefits of this chapter to the same extent as if he or she had retired under the provisions of RCW 2.12.010.
(2) The retirement for disability of a judge, who has served as a judge of the supreme court, court of appeals, or superior court of the state of Washington for a period of ten years in the aggregate, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (House Joint Resolution No. 37, approved by the voters November 4, 1980), with the concurrence of the retirement board, shall be considered a retirement under subsection (1) of this section.
[ 2011 c 336 § 32; 1982 1st ex.s. c 52 § 3; 1982 c 18 § 2; 1973 c 106 § 5; 1971 c 30 § 4; 1937 c 229 § 2; RRS § 11054-2.]
NOTES:
Reviser's note: House Joint Resolution No. 37, approved by the voters November 4, 1980, became Amendment 71 to the state Constitution.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Construction—1971 c 30: See note following RCW 2.12.010.
2023 Revised Code of Washington › Title 2 - Courts of Record › Chapter 2.12 - Retirement of Judges—Retirement System. › 2.12.030 - Amount and time of payment—Surviving spouse's benefit.

RCW 2.12.030
Amount and time of payment—Surviving spouse's benefit.
Supreme court, court of appeals, or superior court judges of the state who retire from office under the provisions of this chapter other than as provided in RCW 2.12.012 shall be entitled to receive monthly during the period of their natural life, out of the fund hereinafter created, an amount equal to one-half of the monthly salary they were receiving as a judge at the time of their retirement, or at the end of the term immediately prior to their retirement if their retirement is made after expiration of their term. The surviving spouse of any judge who shall have heretofore retired or may hereafter retire, or of a judge who was heretofore or may hereafter be eligible for retirement at the time of death, if the surviving spouse had been married to the judge for three years, if the surviving spouse had been married to the judge prior to retirement, shall be paid an amount equal to one-half of the retirement pay of the judge, as long as such surviving spouse remains unmarried. The retirement pay shall be paid monthly by the state treasurer on or before the tenth day of each month. The provisions of this section shall apply to the surviving spouse of any judge who dies while holding such office or dies after having retired under the provisions of this chapter and who at the time of death had served ten or more years in the aggregate as a judge of the supreme court, court of appeals, or superior court or any of such courts, or had served an aggregate of twelve years in the supreme court, court of appeals, or superior court if such pension rights are based upon RCW 2.12.012.
[ 1973 1st ex.s. c 154 § 1; 1971 c 30 § 5; 1961 c 286 § 3; 1957 c 243 § 1; 1951 c 79 § 1; 1945 c 19 § 1; 1937 c 229 § 3; RRS § 11054-3.]
NOTES:
Severability—1973 1st ex.s. c 154: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 1st ex.s. c 154 § 130.]
Construction—1971 c 30: See note following RCW 2.12.010.