AN
ACT Relating to courts of limited jurisdiction; amending RCW 3.50.810,
3.46.150, 35.20.010, and 39.34.180; and repealing RCW 3.46.155.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
3.50.810 and 1993 c 317 s 2 are each amended to read as follows:
(1)
Any city having entered into an agreement for court services with the county
must provide written notice of the intent to terminate the agreement to the
county legislative authority not less than one year prior to February 1st of
the year in which all district court judges are subject to election.
(2)
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)) an agreement for court
services to be provided by a district court may terminate the agreement only at
the end of a four-year district court judicial term.
(3)
A county that wishes to terminate an agreement with a city for the provision of
court services must provide written notice of the intent to terminate the
agreement to the city legislative authority not less than one year prior to the
expiration of the agreement.
Sec.
2. RCW
3.46.150 and 1984 c 258 s 210 are each amended to read as follows:
(1)
Any city, having established a municipal department as provided in this chapter
may, by written notice to the county legislative authority not less than ((thirty
days)) one year prior to February 1st of ((any)) the
year in which all district court judges are subject to election, require
the termination of the municipal department created pursuant to this chapter. A
city may terminate a municipal department only at the end of a four-year
judicial term. However, the city may not give the written notice required
by this section unless the city has reached an agreement with the county under
chapter 39.34 RCW under which the county is to be paid a reasonable amount for
costs associated with prosecution, adjudication, and sentencing in criminal
cases filed in district court as a result of the termination. The agreement
shall provide for periodic review and renewal of the terms of the agreement.
If the municipality and the county are unable to agree on the terms for renewal
of the agreement, they shall be deemed to have entered into an agreement to
submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of
the arbitration proceeding, the terms of the agreement shall remain in effect.
The municipality and the county have the same rights and are subject to the
same duties as other parties who have agreed to submit to arbitration under
chapter 7.04 RCW.
(2)
A county that wishes to terminate a municipal department of the district court
must provide written notice to the city legislative authority at least one year
prior to the date of the intended termination.
Sec.
3. RCW
35.20.010 and 1984 c 258 s 201 are each amended to read as follows:
(1)
There is hereby created and established in each incorporated city of this state
having a population of more than four hundred thousand inhabitants, as shown by
the federal or state census, whichever is the later, a municipal court, which
shall be styled "The Municipal Court of . . . . . .
(name of city)," hereinafter designated and referred to as the municipal
court, which court shall have jurisdiction and shall exercise all the powers by
this chapter declared to be vested in such municipal court, together with such
powers and jurisdiction as is generally conferred in this state either by
common law or statute.
(2)
A municipality operating a municipal court under this section may terminate
that court if the municipality has reached an agreement with the county under
chapter 39.34 RCW under which the county is to be paid a reasonable amount for
costs associated with prosecution, adjudication, and sentencing in criminal
cases filed in district court as a result of the termination. The agreement
shall provide for periodic review and renewal of the terms of the agreement.
If the municipality and the county are unable to agree on the terms for renewal
of the agreement, they shall be deemed to have entered into an agreement to
submit the issue to arbitration under chapter 7.04 RCW. Pending conclusion of
the arbitration proceeding, the terms of the agreement shall remain in effect.
The municipality and the county have the same rights and are subject to the
same duties as other parties who have agreed to submit to arbitration under
chapter 7.04 RCW.
(3)
A city that has entered into an agreement for court services with the county
must provide written notice of the intent to terminate the agreement to the
county legislative authority not less than one year prior to February 1st of
the year in which all district court judges are subject to election. A city
that terminates an agreement for court services to be provided by a district
court may terminate the agreement only at the end of a four-year district court
judicial term.
(4)
A county that wishes to terminate an agreement with a city for the provision of
court services must provide written notice of the intent to terminate the
agreement to the city legislative authority not less than one year prior to the
expiration of the agreement.
Sec.
4. RCW
39.34.180 and 1996 c 308 s 1 are each amended to read as follows:
(1)
Each county, city, and town is responsible for the prosecution, adjudication,
sentencing, and incarceration of misdemeanor and gross misdemeanor offenses
committed by adults in their respective jurisdictions, and referred from their
respective law enforcement agencies, whether filed under state law or city
ordinance, and must carry out these responsibilities through the use of their
own courts, staff, and facilities, or by entering into contracts or interlocal
agreements under this chapter to provide these services. Nothing in this
section is intended to alter the statutory responsibilities of each county for
the prosecution, adjudication, sentencing, and incarceration for not more than
one year of felony offenders, nor shall this section apply to any offense
initially filed by the prosecuting attorney as a felony offense or an attempt
to commit a felony offense.
(2)
The following principles must be followed in negotiating interlocal agreements
or contracts: Cities and counties must consider (a) anticipated costs of
services; and (b) anticipated and potential revenues to fund the services,
including fines and fees, criminal justice funding, and state-authorized sales
tax funding levied for criminal justice purposes.
(3)
If an agreement as to the levels of compensation within an interlocal agreement
or contract for gross misdemeanor and misdemeanor services cannot be reached
between a city and county, then either party may invoke binding arbitration on
the compensation issued by notice to the other party. In the case of
establishing initial compensation, the notice shall request arbitration within
thirty days. In the case of nonrenewal of an existing contract or interlocal
agreement, the notice must be given one hundred twenty days prior to the
expiration of the existing contract or agreement and the existing contract or
agreement remains in effect until a new agreement is reached or until an
arbitration award on the matter of fees is made. The city and county each
select one arbitrator, and the initial two arbitrators pick a third arbitrator.
(4)
A city or county that wishes to terminate an agreement for the provision of
court services must provide written notice of the intent to terminate the
agreement in accordance with RCW 3.50.810 and 35.20.010.
(5)
For cities or towns that have not adopted, in whole or in part, criminal code
or ordinance provisions related to misdemeanor and gross misdemeanor crimes as
defined by state law, this section shall have no application until July 1,
1998.
NEW
SECTION. Sec. 5. RCW
3.46.155 (Termination of municipal department--Waiting period
for establishing another) and 1993 c 317 s 1 are each repealed.
