S-1426.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5183

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Roach, Fairley and Winsley)

Read first time 02/06/97.

Allowing an interlocal agreement between a county and municipality to transfer jurisdiction over a defendant.

    AN ACT Relating to a municipal court defendant incarcerated at a jail facility in the county but outside the city limits; amending RCW 35.20.100; and declaring an emergency.

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

    Sec. 1.  RCW 35.20.100 and 1984 c 258 s 71 are each amended to read as follows:

    There shall be three departments of the municipal court, which shall be designated as Department Nos. 1, 2 and 3((:  PROVIDED, That)).  However, when the administration of justice and the accomplishment of the work of the court make additional departments necessary, the legislative body of the city may create additional departments as they are needed.  The departments shall be established in such places as may be provided by the legislative body of the city, and each department shall be presided over by a municipal judge.  However, notwithstanding the priority of action rule, for a defendant incarcerated at a jail facility outside the city limits but within the county in which the city is located, the city may, pursuant to an interlocal agreement under chapter 39.34 RCW, contract with the county to transfer jurisdiction and venue over the defendant to a district court and to provide all judicial services at the district court as would be provided by a department of the municipal court.  The judges shall select, by majority vote, one of their number to act as presiding judge of the municipal court for a term of one year, and he or she shall be responsible for administration of the court and assignment of calendars to all departments.  A change of venue from one department of the municipal court to another department shall be allowed in accordance with the provisions of RCW 3.66.090 in all civil and criminal proceedings.  The city shall assume the costs of the elections of the municipal judges in accordance with the provisions of RCW 29.13.045.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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