HJR 4203
In CommitteeHouse
Supreme court vacancies
Amending the Constitution to provide for senate confirmation of gubernatorial appointments to vacancies on the supreme court.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill proposes a constitutional amendment that changes how vacancies on the Washington Supreme Court are filled — requiring the governor to appoint a justice who must be confirmed by the state senate, and limiting the appointee’s service until the next general election. It also clarifies the process for selecting a chief justice and updates constitutional language to refer to justices instead of judges.
- Proposes a constitutional amendment to change how vacancies on the Washington Supreme Court are filled — requiring the governor to appoint a replacement who must be confirmed by the state senate.
- Maintains the current system where Supreme Court justices are elected by voters statewide for six-year terms.
- Changes the process for filling vacancies: instead of the governor appointing freely, the appointee must be confirmed by the senate and serve only until the next general election, when a new justice is elected to finish the unexpired term.
- Requires the Supreme Court to select a chief justice from among its members for a four-year term, with provisions for an acting chief justice if the chief is absent.
- Requires the secretary of state to publish notice of the amendment in every legal newspaper in the state at least four times in the four weeks before the election.
Who is affected
- Washington state voters — Voters will be asked to approve or reject a change to how Supreme Court justices are appointed and how vacancies are filled.
- Governor and state senate — The governor would gain the authority to appoint a justice to fill a vacancy, but only after the appointee is confirmed by the state senate.
- Supreme Court justices and judicial candidates — Supreme Court justices would continue to be elected by voters statewide, but the process for filling vacancies would change to require legislative confirmation.
- Legal newspaper publishers — Local newspapers would be required to publish official notice of the constitutional amendment at least four times in the four weeks before the election.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Clarifies and formalizes the process for selecting a chief justice (four-year term, selection by majority of court, provision for acting chief), improving institutional stability and leadership continuity on the state’s highest court.
Local GovernmentRef: Section 3Requires gubernatorial appointments to Supreme Court vacancies to be confirmed by the state senate, enhancing legislative oversight and accountability in judicial appointments without changing the underlying elected nature of justices.
Rights & LibertiesRef: Section 3Limits appointees to serve only until the next general election, ensuring that voters retain ultimate authority over who serves on the court through regular elections — reinforcing democratic accountability.
Local GovernmentRef: Section 3Retains the current system of statewide popular election for Supreme Court justices, preserving direct voter control over judicial membership — a feature unique among most U.S. states and central to Washington’s judicial selection model.
Rights & LibertiesRef: Section 1 & 3Updates constitutional language to refer to ‘justices’ instead of ‘judges,’ improving textual consistency and clarity in the state constitution.
Local GovernmentRef: Section 2
Potential Concerns (1)
Requires the secretary of state to publish notice of the constitutional amendment in every legal newspaper in the state at least four times over four weeks before the election, imposing a new administrative publishing requirement on local newspapers.
Local GovernmentRef: Section 3
Who Is Most Affected
Voters retain direct election power over Supreme Court justices — the amendment strengthens democratic accountability by requiring legislative confirmation of interim appointees and limiting their tenure to the next election cycle.
The governor retains appointment authority but loses unilateral discretion; the requirement for senate confirmation adds a check but does not fundamentally shift power away from the executive.
Justices remain elected, but interim appointments now require legislative approval, potentially increasing political scrutiny of candidates and slowing vacancy-filling during politically divided periods.
Local newspapers face a new statutory requirement to publish official notice of the amendment multiple times, adding administrative cost and workload with no direct compensation.