AN ACT Relating to court consolidation; amending RCW 3.46.020, 3.46.040, 3.46.070, 3.46.100, 3.46.150, 3.74.010, 35A.11.200, 3.58.020, 3.58.030, and 3.46.090; adding a new section to chapter 35.20 RCW; and adding a new section to chapter 3.46 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.20 RCW to read as follows:

Any city having a population of more than four hundred thousand that is located in a class AA county shall, within two years after the effective date of this act, terminate the municipal court established by this chapter and establish a municipal department of the district court pursuant to chapter 3.46 RCW. Before termination, the municipality shall reach an agreement with the county pursuant to chapter 39.34 RCW in which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in infraction and 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.

NEW SECTION. Sec. 2. A new section is added to chapter 3.46 RCW to read as follows:

A "municipal department of the district court" means an administrative unit of the district court established for the orderly and efficient administration of business.

Sec. 3. Section 36, chapter 299, Laws of 1961 as last amended by section 1, chapter 3, Laws of 1987 and RCW 3.46.020 are each amended to read as follows:

Each judge of a municipal department shall be a judge of the district court in which the municipal department is situated. Such judge shall be designated as a municipal judge. Each judge of the district court shall be a judge of the municipal department of the district court.

Sec. 4. Section 38, chapter 299, Laws of 1961 as amended by section 74, chapter 258, Laws of 1984 and RCW 3.46.040 are each amended to read as follows:

Establishment of a municipal department shall be initiated by a petition from the legislative body of the city to the county legislative authority. Such petition shall be filed not less than thirty days prior to February 1, 1962, or any subsequent year, unless approved by the county legislative authority, and shall set forth: (1) The number of full time and part time judges required for the municipal department; (2) The amount of time for which a part time judge will be required for the municipal department; and (3) Whether the full time judge or judges will be elected or appointed. In a petition filed subsequent to 1962 provision shall be made for temporary appointment of a municipal judge to fill each elective position until the next election for district judges. The petition shall be forthwith transmitted to the districting committee. The organization of the municipal department shall be incorporated into the districting plan. The districting committee in its plan shall designate the proportion of the salary of each judge serving as a part time municipal judge to be paid by the city, which shall be proportionate to the time of such judge allotted to the municipal department by the districting plan. A city may withdraw its petition any time prior to adoption of the districting plan by the county legislative authority, and thereupon the municipal department pursuant to this chapter shall not be established.

Sec. 5. Section 41, chapter 299, Laws of 1961 as amended by section 76, chapter 258, Laws of 1984 and RCW 3.46.070 are each amended to read as follows:

In each district court district where an election is held for the position of municipal judge, the county auditor, prior to the date for filing declarations for the office of district judge, shall designate the proper number of municipal judge positions, commencing with number one, and if there is more than one municipal judge in any municipal department, one or more positions may, at the request of the legislative body of the city, be further designated as municipal ((~~traffic~~)) judge positions. Only voters of the city shall vote for municipal judges.

Sec. 6. Section 44, chapter 299, Laws of 1961 as amended by section 79, chapter 258, Laws of 1984 and RCW 3.46.100 are each amended to read as follows:

A vacancy in a position of full time municipal judge shall be filled for the unexpired term by appointment in such manner as the city may determine: PROVIDED, That in cities having a population in excess of four hundred thousand, a vacancy of a district judge shall be filled by appointment by the city or county executive authority in a proportion agreed upon between the city and county. In districts having more than one judge, a vacancy in a position of part time municipal judge shall be filled for the unexpired term by appointment in such manner as the city shall determine from the judges of the district, including any judge appointed by the county ((~~commissioners~~)) executive authority to fill an unexpired term.

Sec. 7. Section 49, chapter 299, Laws of 1961 as amended by section 210, chapter 258, Laws of 1984 and RCW 3.46.150 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 prior to February 1st of any year, require the termination of the municipal department created pursuant to this chapter. 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 municipality operating a municipal department under this chapter may not repeal in its entirety that portion of its municipal code defining crimes while retaining the court's authority to hear and determine traffic infractions under chapter 46.63 RCW unless 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 repeal. 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 municipality operating a municipal department under this chapter may not repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless 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 repeal. 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.

Sec. 8. Section 130, chapter 299, Laws of 1961 as amended by section 54, chapter 258, Laws of 1984 and RCW 3.74.010 are each amended to read as follows:

All district judges under chapters 3.30 through 3.74 RCW shall remain members of the state retirement system.

Full-time municipal department judges being redesignated as district judges shall have the option of converting their city retirement time into PERS provided that the city shall reimburse the state the appropriate amount.

Sec. 9. Section 209, chapter 258, Laws of 1984 and RCW 35A.11.200 are each amended to read as follows:

A code city whether operating a municipal court or not may not repeal ((~~in its entirety that~~)) any portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate 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 repeal. The agreement shall include provisions 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.

Sec. 10. Section 101, chapter 299, Laws of 1961 as last amended by section 35, chapter 258, Laws of 1984 and RCW 3.58.020 are each amended to read as follows:

The annual salaries of part-time district judges shall be set by the county legislative authority in each county in ((~~accordance with the minimum and maximum salaries provided in this subsection:~~

~~(1) In districts having a population under two thousand five hundred persons, the salary shall be not less than one thousand five hundred dollars nor more than twelve thousand dollars;~~

(2) In districts having a population of two thousand five hundred persons or more, but less than five thousand, the salary shall be set at not less than one thousand eight hundred dollars nor more than fifteen thousand five hundred dollars;

(3) In districts having a population of five thousand persons or more, but less than seven thousand five hundred, the salary shall be set at no less than one thousand eight hundred or more than twenty-five thousand dollars;

(4) In districts having a population of seven thousand five hundred persons or more, but less than ten thousand, the salary shall be set at not less than two thousand two hundred fifty dollars or more than thirty thousand dollars;

(5) In districts having a population of ten thousand persons or more, but less than twenty thousand, the salary shall be set at no less than three thousand dollars or more than thirty-two thousand dollars;

(6) In districts having a population of twenty thousand persons or more, but less than thirty thousand, the salary shall be set at not less than five thousand two hundred fifty dollars or more than forty thousand dollars)) a pro rata amount of the annual salary of a full-time district court judge established by the Washington citizens' commission on salaries for elected officials.

Sec. 11. Section 102, chapter 299, Laws of 1961 as amended by section 36, chapter 258, Laws of 1984 and RCW 3.58.030 are each amended to read as follows:

The compensation of ((~~judges,~~)) clerks, judges pro tempore, deputy clerks, and court commissioners payable by the county shall be paid monthly out of the county treasury from the same funds out of which other salaried county officers are paid. The salary of each of the district court judges shall be paid by the state.

Sec. 12. Section 43, chapter 299, Laws of 1961 as last amended by section 78, chapter 258, Laws of 1984 and RCW 3.46.090 are each amended to read as follows:

The salary of a full-time municipal department judge shall be paid wholly by the ((~~city~~)) state. The salary of a district judge serving a municipal department part time shall be paid jointly by the ((~~county~~)) state and the city in the same proportion as the time of the judge has been allocated to each. Salaries of court commissioners serving the municipal department shall be paid by the city.