RULE 21
                    JUSTICES PRO TEMPORE

    (a) Generally. If one or more justices recuse on a case
which reduces the court to an even number, a pro tempore
justice shall be appointed by the Chief Justice when
available, unless a majority of the court directs otherwise.
In all other cases of recusal, the Chief Justice shall
notify the other justices, in writing, of the recusal as
soon as the fact of recusal becomes known to the Chief
Justice, and the majority shall direct whether a pro tempore
justice should be appointed when available.
    (b) Qualifications. If a pro tempore justice is to be
selected, the proposed selection shall be made in the manner
set forth hereafter by the Chief Justice, or at the Chief
Justice's option by the Clerk of the Court, from a list of
active and retired court of appeals judges.  The list shall
be approved by a majority of the Court.  All retired
appellate judges will be included on the list, except those
who are (1) incapacitated, (2) are litigants whose cases
have been in this court or will probably come to this court,
(3) are over 75 years of age (the mandatory judicial
retirement age in this state), (4) are in a law firm or of
counsel to a law firm, or (5) who prefer not to be on the
pro tem list.
    (c) Selection. When a pro tempore justice is to serve in
a case, the names on the pro tempore list will be put on
separate slips and drawn from a container by the Clerk to
ensure that selection is random.  A pro tempore justice so
selected who agrees to serve will serve on all the cases,
where a pro tempore justice is needed, on a given court day.
A separate drawing will be held for each day.
    (d) Oath. A justice pro tempore shall take the oath of
office required by article 4, section 28 of the state
constitution. The oath of office, together with the original
order of appointment, shall be filed forthwith in the office
of the Secretary of State. A copy of the oath and order of
appointment shall be filed in the office of the Clerk of the
Supreme Court.
    (e) Duties of the Justice Pro Tempore.
    (1) A justice, while serving pro tempore, shall have the
same power and authority as a Justice of the Supreme Court,
and the pro tempore justice shall perform such duties as the
court may direct. Justices pro tempore shall author majority
opinions at the discretion of the Chief Justice.
    (2) A justice pro tempore will function promptly on
opinions and motions for reconsideration on which the pro
tempore justice is qualified to function. When such opinions
are received by the pro tempore justice after the period of
the appointment has expired, the original period of office
as a justice pro tempore shall be deemed to exist in order
for the pro tempore justice to function and to accomplish
the ministerial act of filing the opinion.
    (f) Publication of Opinions.
    (1) Dissents and Concurrences. Dissents or concurrences
written by a justice pro tempore shall be published in
regular form, except that a reference symbol shall be placed
after the name, directing attention to a footnote which
shall read:
    "Justice _______________ is serving as a justice pro
tempore of the Supreme Court pursuant to Const. art. 4,
section 2(a) (amend. 38)."
    (2) Opinions signed by a justice pro tempore shall be
published in the regular form, except that the name of the
justice pro tempore shall follow the names of the Justices
of the Supreme Court signing such opinion, with the
designation "Pro Tem." after the signature.
    (3) There shall appear, in each bound volume of the
Washington Reports, on the page following the page listing
the Justices of the Supreme Court, the names and terms of
office of the justices pro tempore who served during the
period covered by the published volume.