RULE 26                                                
            SPECIAL PANEL OF JUDGES PRO TEMPORE                                  
                                                                                 
    (a) Purpose. As a result of the high number of appeals filed with the        
court in recent years which have created an excessive case backlog, special      
panels of the Court of Appeals will be created as provided for in these          
emergency rules for the purpose of reducing case backlogs to acceptable          
levels.                                                                          
    (b) Generally. When it is determined by a majority of the judges in any      
division that the assistance of pro tempore judges is necessary to relieve       
excessive case backlog, the Chief Judge of any division may by written           
order appoint as judges pro tempore active or retired justices of the            
Supreme Court or judges of the Court of Appeals or active or retired judges      
of the superior court or any attorney at law in this state meeting the           
qualifications hereinafter stated.                                               
    (c) Attorney Qualification and Compensation. To be qualified for             
appointment, attorneys at law must be members of the Washington State Bar        
Association in good standing and have at least 6 years experience in the         
active practice of law with substantial litigation experience. Attorneys at      
law will not be compensated for their services as judges pro tempore, but        
travel expenses will be reimbursed at rates approved by the Administrator        
for the Courts.                                                                  
    (d) Conditions of Appointment. Attorneys at law will not be used as          
judges pro tempore when active or retired judges are available in                
sufficient numbers to support a 3-judge panel sitting 1 day each week.           
Attorneys at law will be used as judges pro tempore only upon stipulation        
by all parties in the case, and no more than one attorney shall sit as a         
judge pro tempore on a panel. All parties shall receive written notice of        
the intent to use an attorney as a judge pro tempore and shall have at           
least 10 days from the receipt of said notice for filing written objection       
to the use of said attorney as a judge pro tempore. Failure to file a            
written objection to the attorney pro tempore within the 10-day period will      
be deemed a stipulation approving the use of said attorney as a judge pro        
tempore in said case.                                                            
    In the event an objection to an attorney pro tempore is made, the case       
shall be removed from the special calendar and returned to its place on the      
regular hearing calendar.                                                        
    (e) Termination. Authority extended under this rule will automatically       
terminate 12 months from date of adoption or on July 1, 1987, whichever is       
later, except for cases under consideration on the termination date.