AN ACT Relating to municipal courts; amending
RCW 3.62.070, 42.12.010, and 29.15.025; adding new sections to chapter 3.46
RCW; adding new sections to chapter 3.50 RCW; adding a new section to chapter
3.62 RCW; and providing an effective date.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 3.46 RCW to read as follows:
Any city that terminates a municipal department
under this chapter may not establish another municipal department under this
chapter until at least ten years have elapsed from the date of termination.
NEW SECTION. Sec. 2. A
new section is added to chapter 3.50 RCW to read as follows:
Any city that terminates a municipal court
under this chapter may not establish another municipal court under this chapter
until at least ten years have elapsed from the date of termination.
NEW SECTION. Sec. 3. A
new section is added to chapter 3.46 RCW to read as follows:
Notwithstanding RCW 3.46.050 and 3.46.060,
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 be filled by election.
NEW SECTION. Sec. 4. A
new section is added to chapter 3.50 RCW 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.
NEW SECTION. Sec. 5. A
new section is added to chapter 3.46 RCW to read as follows:
A judge of a municipal department of a district
court need not be a resident of the city in which the department is created,
but must be a resident of the county in which the city is located.
NEW SECTION. Sec. 6. A
new section is added to chapter 3.50 RCW to read as follows:
A judge of a municipal court need not be a
resident of the city in which the court is created, but must be a resident of
the county in which the city is located.
NEW SECTION. Sec. 7. A
new section is added to chapter 3.62 RCW to read as follows:
District courts shall take all steps necessary
to promote efficiencies in calendaring in order to minimize costs to cities
that use the district courts. Cities shall cooperate with the district courts
in order to minimize those costs.
Sec. 8.
RCW 3.62.070 and 1984 c 258 s 39 are each amended to read as follows:
Except in traffic cases wherein bail is
forfeited or a monetary penalty paid to a violations bureau, and except in
cases filed in municipal departments established pursuant to chapter 3.46 RCW
and except in cases where a city has contracted with another city for such
services pursuant to chapter 39.34 RCW, in every criminal or traffic infraction
action filed by a city for an ordinance violation, the city shall be charged a
filing fee determined pursuant to an agreement as provided for in chapter 39.34
RCW, the interlocal cooperation act, between the city and the county providing
the court service. In such criminal or traffic infraction actions the cost of
providing services necessary for the preparation and presentation of a defense
at public expense are not within the filing fee and shall be paid by the city.
In all other criminal or traffic infraction actions, no filing fee shall be
assessed or collected: PROVIDED, That in such cases, for the purposes of RCW
3.62.010, four dollars or the agreed filing fee of each fine or penalty,
whichever is greater, shall be deemed filing costs. ((In the event no
agreement is reached between a municipal corporation and the county providing
the court service within ninety days of September 1, 1979, the municipal
corporation and the county shall be deemed to have entered into an agreement to
submit the issue to arbitration pursuant to chapter 7.04 RCW, and the municipal
corporation and the county shall be entitled to the same rights and subject to
the same duties as other parties who have agreed to submit to arbitration
pursuant to chapter 7.04 RCW. In the event that such issue is submitted to
arbitration, the arbitrator or arbitrators shall only consider those additional
costs borne by the county in providing district court services for such city.))
If, one hundred twenty days before the
expiration of an existing contract under this section, the city and the county
are unable to agree on terms for renewal, the matter shall be submitted to
binding arbitration. The city and the county shall each select one arbitrator,
the two of whom shall pick a third arbitrator. The existing contract shall
remain in effect until a new agreement is reached or until an arbitration award
is made.
Sec. 9.
RCW 42.12.010 and 1981 c 180 s 4 are each amended to read as follows:
Every elective office shall become vacant on
the happening of any of the following events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused
by resignation shall be deemed to occur upon the effective date of the
resignation;
(3) His or her removal;
(4) Except as provided in sections 5 and 6
of this act, his or her ceasing to be a legally qualified elector of the
district, county, city, town, or other municipal or quasi municipal corporation
from which he or she shall have been elected or appointed;
(5) His or her conviction of a felony, or of
any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his
or her oath of office, or to give or renew his or her official bond, or to
deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal
declaring void his or her election or appointment; or
(8) Whenever a judgment shall be obtained
against that incumbent for breach of the condition of his or her official bond.
Sec. 10.
RCW 29.15.025 and 1991 c 178 s 1 are each amended to read as follows:
(1) A person filing a declaration and affidavit
of candidacy for an office shall, at the time of filing, possess the
qualifications specified by law for persons who may be elected to the office.
(2) The name of a candidate for an office shall
not appear on a ballot for that office unless, except as provided in
sections 5 and 6 of this act, the candidate is, at the time the candidate's
declaration and affidavit of candidacy is filed, properly registered to vote in
the geographic area represented by the office. For the purposes of this
section, each geographic area in which registered voters may cast ballots for
an office is represented by that office. If a person elected to an office must
be nominated from a district or similar division of the geographic area
represented by the office, the name of a candidate for the office shall not
appear on a primary ballot for that office unless the candidate is, at the time
the candidate's declaration and affidavit of candidacy is filed, properly
registered to vote in that district or division. The officer with whom declarations
and affidavits of candidacy must be filed under this title shall review each
such declaration filed regarding compliance with this subsection.
(3) This section does not apply to the office
of a member of the United States congress.
NEW SECTION. Sec. 11. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 12.
This act shall take effect January 1, 1995.
