Legal Opinion
State v. McNairy
Court of Appeals of Washington
Decided June 13, 1978No. 2426-3PublishedCited by 4 opinions
1Opinion of the CourtGreen, J.
On April 4, 1977, Robert L. McNairy was tried before a retired judge sitting as a judge pro tempore in Spokane County. He was convicted on a charge of second-degree rape, and he appeals.
We reach only one issue: Did the retired judge have jurisdiction to hear this matter?
Questioning during oral argument before this court revealed that neither Mr. McNairy nor his counsel had agreed in writing to a trial by a judge pro tempore. RCW 2.08.180 1 and Const, art. 4, § 7, 2 require a written stipulation by the litigants or their attorneys of record before a judge pro tempore may hear a case.…
2Cases cited4 opinions
- National Bank of Washington v. McCrillisWashington Supreme Court · 1942
- State ex rel. Cougill v. SachsWashington Supreme Court · 1892
- State ex rel. Calhoun v. Superior CourtWashington Supreme Court · 1915
- Federal Mill Co. v. Chehalis CountyWashington Supreme Court · 1915
3Cited by4 opinions
- State v. BelgardeWashington Supreme Court · 1992
- State v. BelgardeCourt of Appeals of Washington · 1991
- State v. SainCourt of Appeals of Washington · 1983
- Burton v. AscolWashington Supreme Court · 1986