S 1438

S‑1438.1 _____________________________________________

SUBSTITUTE SENATE BILL 5472

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Johnson, Constantine and Kline; by request of Administrator for the Courts)

READ FIRST TIME 02/14/01.

_1 AN ACT Relating to courts of limited jurisdiction; amending RCW

_2 3.50.810, 3.46.150, 35.20.010, and 39.34.180; and repealing RCW

_3 3.46.155.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 Sec. 1. RCW 3.50.810 and 1993 c 317 s 2 are each amended to read

_6 as follows:

_7 (1) Any city having entered into an agreement for court

_8 services with the county must provide written notice of the intent

_9 to terminate the agreement to the county legislative authority not

10 less than one year prior to February 1st of the year in which all

11 district court judges are subject to election.

12 (2) Any city that terminates ((~~a municipal court under this~~

13 ~~chapter may not establish another municipal court under this~~

14 ~~chapter until at least ten years have elapsed from the date of~~

15 ~~termination~~)) an agreement for court services to be provided by a

16 district court may terminate the agreement only at the end of a

17 four-year district court judicial term.

18 (3) A county that wishes to terminate an agreement with a city

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_1 for the provision of court services must provide written notice of

_2 the intent to terminate the agreement to the city legislative

_3 authority not less than one year prior to the expiration of the

_4 agreement.

_5 Sec. 2. RCW 3.46.150 and 1984 c 258 s 210 are each amended to

_6 read as follows:

_7 (1) Any city, having established a municipal department as

_8 provided in this chapter may, by written notice to the county

_9 legislative authority not less than ((~~thirty days~~)) one year prior

10 to February 1st of ((~~any~~)) the year in which all district court

11 judges are subject to election, require the termination of the

12 municipal department created pursuant to this chapter. A city may

13 terminate a municipal department only at the end of a four-year

14 judicial term. However, the city may not give the written notice

15 required by this section unless the city has reached an agreement

16 with the county under chapter 39.34 RCW under which the county is

17 to be paid a reasonable amount for costs associated with

18 prosecution, adjudication, and sentencing in criminal cases filed

19 in district court as a result of the termination. The agreement

20 shall provide for periodic review and renewal of the terms of the

21 agreement. If the municipality and the county are unable to agree

22 on the terms for renewal of the agreement, they shall be deemed to

23 have entered into an agreement to submit the issue to arbitration

24 under chapter 7.04 RCW. Pending conclusion of the arbitration

25 proceeding, the terms of the agreement shall remain in effect. The

26 municipality and the county have the same rights and are subject

27 to the same duties as other parties who have agreed to submit to

28 arbitration under chapter 7.04 RCW.

29 (2) A county that wishes to terminate a municipal department of

30 the district court must provide written notice to the city

31 legislative authority at least one year prior to the date of the

32 intended termination.

33 Sec. 3. RCW 35.20.010 and 1984 c 258 s 201 are each amended to

34 read as follows:

35 (1) There is hereby created and established in each

36 incorporated city of this state having a population of more than

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_1 four hundred thousand inhabitants, as shown by the federal or

_2 state census, whichever is the later, a municipal court, which

_3 shall be styled "The Municipal Court of . . . . . . (name of city),"

_4 hereinafter designated and referred to as the municipal court,

_5 which court shall have jurisdiction and shall exercise all the

_6 powers by this chapter declared to be vested in such municipal

_7 court, together with such powers and jurisdiction as is generally

_8 conferred in this state either by common law or statute.

_9 (2) A municipality operating a municipal court under this

10 section may terminate that court if the municipality has reached

11 an agreement with the county under chapter 39.34 RCW under which

12 the county is to be paid a reasonable amount for costs associated

13 with prosecution, adjudication, and sentencing in criminal cases

14 filed in district court as a result of the termination. The

15 agreement shall provide for periodic review and renewal of the

16 terms of the agreement. If the municipality and the county are

17 unable to agree on the terms for renewal of the agreement, they

18 shall be deemed to have entered into an agreement to submit the

19 issue to arbitration under chapter 7.04 RCW. Pending conclusion of

20 the arbitration proceeding, the terms of the agreement shall

21 remain in effect. The municipality and the county have the same

22 rights and are subject to the same duties as other parties who

23 have agreed to submit to arbitration under chapter 7.04 RCW.

24 (3) A city that has entered into an agreement for court

25 services with the county must provide written notice of the intent

26 to terminate the agreement to the county legislative authority not

27 less than one year prior to February 1st of the year in which all

28 district court judges are subject to election. A city that

29 terminates an agreement for court services to be provided by a

30 district court may terminate the agreement only at the end of a

31 four-year district court judicial term.

32 (4) A county that wishes to terminate an agreement with a city

33 for the provision of court services must provide written notice of

34 the intent to terminate the agreement to the city legislative

35 authority not less than one year prior to the expiration of the

36 agreement.

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_1 Sec. 4. RCW 39.34.180 and 1996 c 308 s 1 are each amended to read

_2 as follows:

_3 (1) Each county, city, and town is responsible for the

_4 prosecution, adjudication, sentencing, and incarceration of

_5 misdemeanor and gross misdemeanor offenses committed by adults in

_6 their respective jurisdictions, and referred from their respective

_7 law enforcement agencies, whether filed under state law or city

_8 ordinance, and must carry out these responsibilities through the

_9 use of their own courts, staff, and facilities, or by entering

10 into contracts or interlocal agreements under this chapter to

11 provide these services. Nothing in this section is intended to

12 alter the statutory responsibilities of each county for the

13 prosecution, adjudication, sentencing, and incarceration for not

14 more than one year of felony offenders, nor shall this section

15 apply to any offense initially filed by the prosecuting attorney

16 as a felony offense or an attempt to commit a felony offense.

17 (2) The following principles must be followed in negotiating

18 interlocal agreements or contracts: Cities and counties must

19 consider (a) anticipated costs of services; and (b) anticipated

20 and potential revenues to fund the services, including fines and

21 fees, criminal justice funding, and state-authorized sales tax

22 funding levied for criminal justice purposes.

23 (3) If an agreement as to the levels of compensation within an

24 interlocal agreement or contract for gross misdemeanor and

25 misdemeanor services cannot be reached between a city and county,

26 then either party may invoke binding arbitration on the

27 compensation issued by notice to the other party. In the case of

28 establishing initial compensation, the notice shall request

29 arbitration within thirty days. In the case of nonrenewal of an

30 existing contract or interlocal agreement, the notice must be

31 given one hundred twenty days prior to the expiration of the

32 existing contract or agreement and the existing contract or

33 agreement remains in effect until a new agreement is reached or

34 until an arbitration award on the matter of fees is made. The city

35 and county each select one arbitrator, and the initial two

36 arbitrators pick a third arbitrator.

37 (4) A city or county that wishes to terminate an agreement for

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_1 the provision of court services must provide written notice of the

_2 intent to terminate the agreement in accordance with RCW 3.50.810

_3 and 35.20.010.

_4 (5) For cities or towns that have not adopted, in whole or in

_5 part, criminal code or ordinance provisions related to misdemeanor

_6 and gross misdemeanor crimes as defined by state law, this section

_7 shall have no application until July 1, 1998.

_8 NEW SECTION. Sec. 5. RCW 3.46.155 (Termination of municipal

_9 department--Waiting period for establishing another) and 1993 c

10 317 s 1 are each repealed.

‑‑‑ END ‑‑‑

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