Other Languages1. In Board of Estimate v. Morris the United States Supreme Court struck down a voting system in which borough presidents, who were voting members of the Board of Estimates, were elected by the voters of each borough and the boroughs varied greatly in population. 2. In San Juan County commissioners reside in commissioner districts that vary in population, however, the primary and general elections are conducted among voters of the county at large, not merely among the voters of the commissioner district. The United States Supreme Court has approved such at large voting systems, even where the candidates were required to reside in districts that varied in population. Board of Estimate v. Morris does not cast doubt on the validity of these decision. 3. The United States Supreme Court has struck down at large voting systems on grounds that they impermissible diluted the electoral strength of racial or other political minorities in the at large district. This is a factual question. At present we are unaware of any facts tending to show this to be the case in San Juan County.
A person under a sentence suspended pursuant to RCW 9.92.060 may receive final discharge and restoration to civil rights only from the governor in his exercise of the pardoning power.
The Council for Postsecondary Education, in the exercise of its authority to suspend or modify the requirements of the Educational Services Registration Act of 1979 on the basis of hardship pursuant to RCW 28B.05.130, may not exempt an "educational institution" from otherwise required registration solely because of its sectarian religious ownership, management or curricula.
(1) Circumstances under which a state legislator will be guilty of receiving unlawful compensation under RCW 9A.68.030(1)(a) if, in his official capacity as an employee of either a private or other public agency (i.e., outside of his legislative employment), he gives advice or other assistance on legislation upon which he may later be required to testify or vote in the legislature. (2) Circumstances under which the private or other public employer of such a legislator will be guilty of granting unlawful compensation under RCW 9A.68.030(1)(b) for paying the legislator for advice or other assistance in preparing or promoting a bill upon which the legislator may later be required to testify or vote in the legislature.
(1) A county may establish a public defender's office without forming a public defender district pursuant to chapter 36.26 RCW. (2) If a public defender district is formed pursuant to chapter 36.26 RCW, the public defender and other lawyers appointed thereunder will be county employees and not independent contractors. (3) Because chapter 36.26 RCW contains no provision for the removal of a public defender appointed thereunder during his term of office, it is unclear whether he can be so removed; accordingly, clarifying legislation is recommended. (4) A public defender district created pursuant to chapter 36.26 RCW may be terminated at any time by the process of repealing the county ordinances or resolutions by which the district was created.
The Washington State Criminal Justice Training Commission does not presently possess the legal authority to administer qualifying examinations to all persons seeking appointment or employment to positions in law enforcement within the various local communities of the state.
(1) The substantive provisions of §§ 1 through 7 of chapter 40, Laws of 1973, 2nd Ex. Sess., redefining the standards to be applied in determining the eligibility of certain property for an exemption from property taxation, apply to assessments made in 1973 for taxes due and payable in 1974. (2) The procedural requirements of §§ 9 through 19 of chapter 40, Laws of 1973, 2nd Ex. Sess., under which the function of determining the eligibility of property for a tax exemption is, henceforth, to be performed by the state department of revenue instead of the various county assessors and boards of equalization, do not apply in the case of assessments made in 1973 for taxes due and payable in 1974. (3) The remedies available under existing law for taxpayers who, during 1974, received tax statements covering properties which qualify for an exemption under §§ 1 through 7, chapter 40, Laws of 1973, 2nd Ex. Sess., include a request for cancellation of the assessment as provided for in RCW 84.56.400, a suit for a refund pursuant to chapter 84.68 RCW, or an injunction under RCW 84.68.010 (2). (4) The provisions of § 21, chapter 40, Laws of 1973, 2nd Ex. Sess., making a general fund appropriation to the department of revenue to administer the provisions of this new property tax exemption law, do not authorize that department to reimburse the counties for their costs incurred in determining property tax exemptions during the 1973 assessment year.
Under the provisions of RCW 49.60.050 the Governor may designate as chairperson of the Washington State Human Rights Commission any member thereof, notwithstanding a previous Governor's designation of a different sitting commissioner as chairperson.
There is no constitutional impediment which would bar the state legislature from deregulating the commercial trucking industry without providing for the payment of compensation to existing permit holders; accordingly, such legislative action would be constitutionally permissible.
In view of the enactment of a legislative redistricting plan by chapter 288, Laws of 1981, a certain legislative vacancy resulting from the resignation of an encumbent on May 1, 1981, is first to be filled by appointment, under Article II, § 15 (Amendment 52) of the state constitution, on the basis of the "old" district represented by the vacating encumbent; however, when a successor is elected at the November, 1981 state general election, the basis for that election will be the "new" district to which the vacating legislator was assigned under the redistricting act.