The resolution proposes an amendment to Article IV of the Washington State Constitution, which would establish an Interbranch Commission on Court Rules. This commission would consist of nine attorneys, with representatives from the legislative, executive, and judicial branches. The amendment grants the Washington Supreme Court the authority to create court rules while ensuring that these rules do not infringe upon the rights or powers of the other branches of government, thereby maintaining the separation of powers.
Before the Supreme Court can adopt any new court rule, it must notify the Interbranch Commission, which will review the proposed rule and any public comments within 90 days. If the commission finds that the proposed rule may violate the separation of powers, the Supreme Court must appoint five justices pro tempore to hold a public hearing and make a determination. If the justices conclude that the rule does infringe upon the rights or powers of the other branches, the Supreme Court will be prohibited from adopting it. The resolution also mandates that the Secretary of State publish notice of this proposed constitutional amendment prior to the next general election.