SUBSTITUTE SENATE BILL 5183
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Roach, Fairley and Winsley)
Read first time 02/06/97.
AN ACT Relating to a municipal court defendant incarcerated at a jail facility in the county but outside the city limits; amending RCW 35.20.100; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.20.100 and 1984 c 258 s 71 are each amended to read as follows:
shall be three departments of the municipal court, which shall be designated as
Department Nos. 1, 2 and 3((
: PROVIDED, That)). However, when
the administration of justice and the accomplishment of the work of the court
make additional departments necessary, the legislative body of the city may
create additional departments as they are needed. The departments shall be
established in such places as may be provided by the legislative body of the
city, and each department shall be presided over by a municipal judge. However,
notwithstanding the priority of action rule, for a defendant incarcerated at a
jail facility outside the city limits but within the county in which the city
is located, the city may, pursuant to an interlocal agreement under chapter
39.34 RCW, contract with the county to transfer jurisdiction and venue over the
defendant to a district court and to provide all judicial services at the
district court as would be provided by a department of the municipal court.
The judges shall select, by majority vote, one of their number to act as
presiding judge of the municipal court for a term of one year, and he or she
shall be responsible for administration of the court and assignment of
calendars to all departments. A change of venue from one department of the
municipal court to another department shall be allowed in accordance with the
provisions of RCW 3.66.090 in all civil and criminal proceedings. The city
shall assume the costs of the elections of the municipal judges in accordance
with the provisions of RCW 29.13.045.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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