BILL REQ. #:  H-1246.1 

Read first time 01/30/09.   Referred to Committee on Judiciary.

     AN ACT Relating to services provided by hosting jurisdictions; and amending RCW 3.50.003, 3.50.020, 3.50.125, and 3.50.815.

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

Sec. 1   RCW 3.50.003 and 2008 c 227 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "City" means an incorporated city or town.
     (2) "Contracting city" means any city that contracts with a hosting jurisdiction for the delivery of either judicial services or judicial support services, or both.
     (3) "Hosting jurisdiction" means a county or city designated in an interlocal agreement as receiving compensation for providing either judicial services or judicial support services, or both to a contracting city.
     (4) "Judicial services" means the service of a judge, judge pro tem, or court commissioner.
     (5) "Judicial support services" means the services of court clerks, bailiffs, court administrators, probation positions, or other judicial administrative support personnel as may be deemed necessary by a contracting city for the operation of a municipal court.
     (6) "Mayor" means the mayor, city manager, or other chief administrative officer of the city.

Sec. 2   RCW 3.50.020 and 2008 c 227 s 5 are each amended to read as follows:
     The municipal court shall have ((exclusive)) original jurisdiction over traffic infractions arising under city ordinances and ((exclusive)) original criminal jurisdiction of all violations of city ordinances duly adopted by the city and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. A hosting jurisdiction shall have ((exclusive)) concurrent original criminal and other jurisdiction as described in this section for all matters ((filed by)) subject to a contract for judicial services between the hosting jurisdiction and a contracting city. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. A municipal court participating in the program established by the administrative office of the courts pursuant to RCW 2.56.160 shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction participating in the program.

Sec. 3   RCW 3.50.125 and 1984 c 258 s 122 are each amended to read as follows:
     A transfer of a case from the municipal court to either another municipal judge of the same city, a judge from a hosting jurisdiction providing services to a contracting city under a contract for judicial services, or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings.

Sec. 4   RCW 3.50.815 and 2008 c 227 s 4 are each amended to read as follows:
     (1) A city may meet any or all of the requirements of RCW 39.34.180 by entering into an interlocal agreement with the county in which the city is located or with one or more cities.
     (2) The provisions of RCW 3.50.040, 3.50.050, 3.50.055, and 3.50.057 do not apply to any judicial position of a contracting city filled through an interlocal contract for judicial services with a hosting jurisdiction.
     (3) Nothing in this chapter may be construed to prohibit a city from filling one or more of its judicial positions as permitted by RCW 3.50.040, 3.50.050, or 3.50.070 and contemporaneously filling any or all remaining judicial positions through an interlocal contract for judicial services with a hosting jurisdiction.
     (4) Nothing in this chapter may be construed to prohibit a city from internally providing some of its own judicial support services and contemporaneously obtaining additional judicial support services through an interlocal contract for judicial support services with a hosting jurisdiction.