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SB 5859

Studying the use of separate judges to determine parenting plans and property distribution in marriage dissolution cases.

2023-2024 Regular Session Introduced by Phil Fortunato

SB 5859 requires the AOC to study the impacts and costs of assigning separate judges to all marriage dissolution cases for parenting plans and asset distribution due June 30, 2025.

First reading, referred to Law & Justice.
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Bill Summary · SB 5859

Summary: Senate Bill 5859 (SB 5859) – Study on Use of Separate Judges in Marriage Dissolution Cases

Overview

SB 5859 proposes a study by the Administrative Office of the Courts (AOC) to assess the potential impacts of requiring separate judges in every marriage dissolution case to determine parenting plans and the distribution of property and liabilities. The bill is at an early stage (first reading, referred to Law & Justice) and does not itself implement changes to practice or law but seeks to evaluate possible effects before any policy decisions.

  • Bill number: SB 5859
  • Title: Studying the use of separate judges to determine parenting plans and property distribution in marriage dissolution cases
  • Introduced: December 18, 2023
  • Status: First reading, referred to Law & Justice (as of January 8, 2024)
  • Classification: Bill
  • Version content: Creates a new section requiring a study by the AOC

Purpose and Intent

The primary aim is to study the judicial impacts of mandating, in every marriage dissolution case, separate judges to handle:
- Parenting plans
- Distribution of property and liabilities

The study seeks to inform legislators about the practical implications of such a policy, including costs and logistical considerations.

Key Provisions

  • New section created: The AOC shall conduct a study on the impacts of requiring separate judges in all marriage dissolution cases.
  • Scope of study: Must examine facility, personnel, procedural, and training costs associated with implementing separate-judge determinations.
  • Deliverable: A formal study report due to the relevant standing committees of the Washington Legislature by June 30, 2025.
  • No immediate policy change: The bill does not amend substantive law or create new court procedures; it mandates an evaluation instead.

Who Is Affected

  • Administrative Office of the Courts (primary responsibility for conducting the study)
  • Washington state courts and court personnel involved in marriage dissolution proceedings
  • Judges and court staff who would be impacted by any potential shift to separate judges in such cases
  • Legislators and legislative committees that receive the study report

Timeline and Procedural Details

  • Prefiled: December 18, 2023
  • First reading: January 8, 2024 (referred to Law & Justice)
  • Study due: June 30, 2025
  • Status in 2024: Awaiting consideration by the Law & Justice committee after first reading; no further amendments or actions listed in the provided material

Potential Implications and Considerations

  • If the study finds significant facility, personnel, procedural, or training costs, policymakers could use the results to debate funding or reforms.
  • The analysis may reveal operational challenges (e.g., scheduling, caseload management) or benefits (e.g., specialized focus on parenting plans and asset division), which could shape future legislation.
  • The bill delays any concrete changes until the study is completed and reviewed by the legislature.

Next Steps

  • Monitor committee discussions in Law & Justice for updates or amendments.
  • If a report is delivered by June 30, 2025, legislators may consider next steps, including potential legislation to implement or modify the use of separate judges in dissolution cases.

Compiled from official sources — confirm details with the bill’s official record.

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