"Sec. 5   RCW 3.50.055 and 1993 c 317 s 4 are each amended to read as follows:
     Notwithstanding RCW 3.50.040 and 3.50.050, judicial positions may be filled only by election under the following circumstances:
     (1) Each full-time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time.
     (2) In any city with one or more full-time equivalent judicial positions, an additional judicial position or positions that is or are in combination more than one-half of a full-time equivalent position shall also be filled by election.
     (3) Where a court serves the residents of more than one city by virtue of an interlocal agreement between two or more cities, the judge position or positions serving the court shall, for a term of four years commencing January 1, 2010, and every four years thereafter, be filled by election, and such position or positions shall appear on the ballot of each participating city and shall be elected by a majority of all votes cast by residents of the participating cities."