BP BHEAD INT S

AN ACT Relating to municipal courts; and amending RCW 3.34.010, 3.46.040, 3.46.050, 3.50.010, 3.50.040, 3.50.050, 3.50.060, 3.50.070, and 46.63.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 3.34.010 and 1991 c 354 s 1 are each amended to read as follows:

The number of district judges to be elected in each county shall be: Adams, three; Asotin, one; Benton, two; Chelan, one; Clallam, one; Clark, four; Columbia, one; Cowlitz, two; Douglas, one; Ferry, two; Franklin, one; Garfield, one; Grant, one; Grays Harbor, two; Island, three; Jefferson, one; King, twenty-six; Kitsap, two; Kittitas, two; Klickitat, two; Lewis, two; Lincoln, one; Mason, one; Okanogan, two; Pacific, two; Pend Oreille, two; Pierce, eleven; San Juan, one; Skagit, three; Skamania, one; Snohomish, eight; Spokane, nine; Stevens, two; Thurston, one; Wahkiakum, one; Walla Walla, three; Whatcom, two; Whitman, two; Yakima, six: PROVIDED, That this number may be increased in accordance with a resolution of the county commissioners under RCW 3.34.020. Whenever a municipal court established pursuant to chapter 3.50 RCW is terminated, the number of full-time municipal court judge positions in the terminated court shall be added to the base number of district court judge positions authorized for the county in which the municipality is located. Where the municipality is located in more than one county, the judge positions shall be added to the base number of district court judge positions for the county in which a majority of the citizens of the municipality reside.

Sec. 2. RCW 3.46.040 and 1984 c 258 s 74 are each amended to read as follows:

Establishment of a municipal department shall be initiated by a petition from the legislative body of the city to the county legislative authority. Such petition shall be filed not less than thirty days prior to February 1, 1962, or any subsequent year, and shall set forth: (1) The number of full time and part time judges required for the municipal department; and (2) the amount of time for which a part time judge will be required for the municipal department((~~; and (3) whether the full time judge or judges will be elected or appointed~~)). In a petition filed subsequent to 1962 provision shall be made for temporary appointment of a municipal judge to fill each elective position until the next election for district judges. The petition shall be forthwith transmitted to the districting committee. The organization of the municipal department shall be incorporated into the districting plan. The districting committee in its plan shall designate the proportion of the salary of each judge serving as a part time municipal judge to be paid by the city, which shall be proportionate to the time of such judge allotted to the municipal department by the districting plan. A city may withdraw its petition any time prior to adoption of the districting plan by the county legislative authority, and thereupon the municipal department pursuant to this chapter shall not be established.

Sec. 3. RCW 3.46.050 and 1975 c 33 s 2 are each amended to read as follows:

Each city ((~~may~~)) shall select its full time municipal judge or judges by election((~~, or by appointment in such manner as the city legislative body determines: PROVIDED, That in cities having a population in excess of four hundred thousand, the municipal judges shall be elected~~)).

Sec. 4. RCW 3.50.010 and 1984 c 258 s 103 are each amended to read as follows:

Any city or town with a population of four hundred thousand or less may by ordinance, enacted before the effective date of this act, provide for an inferior court to be known and designated as a municipal court, which shall be entitled "The Municipal Court of . . . . . . . . . (insert name of city or town)", hereinafter designated and referred to as "municipal court", which court shall have jurisdiction and shall exercise all powers by this chapter declared to be vested in the municipal court, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute.

Sec. 5. RCW 3.50.040 and 1984 c 258 s 106 are each amended to read as follows:

Within thirty days after the effective date of the ordinance creating the municipal court, the mayor of each city or town shall appoint a municipal judge or judges of the municipal court for a term of four years. The terms of judges serving on July 1, 1984, and municipal judges who are appointed to terms commencing before January 1, 1986, shall expire January 1, 1986. The terms of their successors shall commence on January 1, 1986, and on January 1 of each fourth year thereafter, pursuant to ((~~appointment or~~)) election as provided in this chapter. ((~~Appointments shall be made on or before December 1 of the year next preceding the year in which the terms commence.~~))

The legislative authority of a city or town that has the general power of confirmation over mayoral appointments shall have the power to confirm the appointment of a municipal judge.

A person appointed as a full-time or part-time municipal judge shall be a citizen of the United States of America and of the state of Washington; and an attorney admitted to practice law before the courts of record of the state of Washington: PROVIDED, That in a municipality having a population less than five thousand persons, a person other than an attorney may be the judge. Any city or town shall have authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full time. In the event of the appointment of a district judge, the city or town shall pay a pro rata share of the salary.

Sec. 6. RCW 3.50.050 and 1984 c 258 s 107 are each amended to read as follows:

In any city with a municipal court created pursuant to this chapter in which the judges are appointed, the legislative authority of the city or town ((~~may~~)) shall, by ordinance, provide that the position of municipal judge within the city or town shall be an elective position. ((~~The ordinance shall provide for~~)) In all cities with a municipal court created pursuant to this chapter, the qualifications of the municipal judge ((~~which~~)) shall be the same as the qualifications necessary for ((~~the appointment thereof~~)) district court judges; and further, ((~~shall provide that~~)) the municipal judge shall be elected in the same manner as other elective city officials are elected to office, and that the term of the municipal judge shall be for a term of four years ((~~commencing on January 1, 1986, and every four years thereafter~~)). In any city changing from an appointive to an elective system pursuant to this section, the term of elected municipal court judges shall commence on January 1, 1994. Municipal court judges serving under appointment on the effective date of this act may continue in office until the election of their successor. Whenever more than one part-time municipal court judge is serving a court and the combined workload of the part time judges equals or exceeds the workload of a full-time municipal judge, the part-time municipal judges shall be elected pursuant to the terms of this section.

Sec. 7. RCW 3.50.060 and 1984 c 258 s 108 are each amended to read as follows:

A city or town electing to establish a municipal court pursuant to this chapter may terminate such court by adoption of an appropriate ordinance. However no municipal court may be terminated unless the municipality has complied with RCW 3.50.805, 35.22.425, 35.23.595, 35.24.455, 35.27.515, 35.30.100, and 35A.11.200.

((A city or town newly establishing a municipal court pursuant to this chapter shall do so by adoption of an appropriate ordinance on or before December 1 of any year, to take effect January 1 of the following year.))

Sec. 8. RCW 3.50.070 and 1984 c 258 s 109 are each amended to read as follows:

Additional ((~~full or part time~~)) full-time judges may be ((~~appointed or~~)) elected, as provided by ordinance of the legislative body of the city or town, when public interest and the administration of justice makes such additional judge or judges necessary.

Additional part-time judges may be appointed or elected, as provided by ordinance of the legislative body of the city or town, when public interest and the administration of justice makes such additional part-time judge or judges necessary. However, if a city or town employs more than one part-time judge and the workload of those judges equals or exceeds the workload of a full-time judge, the part-time judges shall be elected.

Sec. 9. RCW 46.63.110 and 1986 c 213 s 2 are each amended to read as follows:

(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

(2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. ((~~This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions.~~)) The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

(3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

(4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

(5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department may not renew the person's driver's license until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.