H-3977.1 _______________________________________________
HOUSE BILL 2774
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Representatives Carrell, Constantine, Esser, Fortunato, Dickerson, Mulliken and Edwards
Read first time 01/20/2000. Referred to Committee on Judiciary.
AN ACT Relating to appointment of judges pro tempore; and amending RCW 3.50.090 and 35.20.200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 3.50.090 and 1984 c 258 s 112 are each amended to read as follows:
The
((mayor shall, in writing, appoint)) presiding municipal court judge
may designate one or more persons as judges pro tem ((who shall act))
to serve in the absence or disability of the ((regular)) elected
or duly appointed judges of ((a municipal)) the court
((or)), subsequent to the filing of an affidavit of prejudice((.
The judges pro tem shall be qualified to hold the position of judge of the municipal
court as provided herein. The municipal court judges pro tem)), or in
addition to the elected or duly appointed judges when the administration of
justice and the accomplishment of the work of the court make it necessary. The
qualifications of a judge pro tempore shall be the same as for judges as
provided under RCW 3.50.040 except that a judge pro tempore need not be a
resident of the city or county in which the municipal court is located. Judges
pro tempore shall have all of the powers of the duly appointed or elected
judges when serving as judges pro tempore of the court. Before entering on his
or her duties, each judge pro tempore shall take, subscribe, and file an oath
as is taken by a duly appointed or elected judge. Such pro tempore judges
shall receive such compensation as shall be fixed by ((the ordinances of the
legislative body of the city or town wherein the municipal court is located.
The term of the appointment shall be specified in writing but in any event
shall not extend beyond the term of the appointing mayor)) ordinance by
the municipality in which the court is located and such compensation shall be
paid by the municipality.
Sec. 2. RCW 35.20.200 and 1996 c 16 s 2 are each amended to read as follows:
The ((mayor)) presiding municipal court judge shall,
from attorneys residing in the city and qualified to hold the position of judge
of the municipal court as provided in RCW 35.20.170, appoint judges pro tempore
who shall act in the absence of the regular judges of the court or in addition
to the regular judges when the administration of justice and the accomplishment
of the work of the court make it necessary. The ((mayor)) presiding
municipal court judge may appoint, as judges pro tempore, any full-time
district court judges serving in the county in which the city is situated. ((The
judges of the municipal court shall promulgate rules establishing general
standards for the use of judges pro tempore. A copy of said rules shall be
filed with the legislative authority of the city at the time of budget
consideration. Such appointments of attorneys shall be made from a list of
attorneys in accordance herewith furnished by the judges of the municipal
court.)) The term of office must be specified in writing. While
acting as judge of the court, judges pro tempore shall have all of the
powers of the regular judges. Before entering upon his or her duties, each
judge pro tempore shall take, subscribe and file an oath as is taken by a
municipal judge. Judges pro tempore shall not practice before the municipal
court during their term of office as judge pro tempore. Such municipal judges
pro tempore shall receive such compensation as shall be fixed by ordinance by
the legislative body of the city and such compensation shall be paid by the
city except that district court judges shall not be compensated by the city
other than pursuant to an interlocal agreement.
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