AN ACT Relating to judicial officers in district and municipal courts; amending RCW 3.42.010, 3.42.020, 3.42.040, 3.46.020, 3.50.075, 7.80.010, 26.04.050, 46.63.040, 3.34.080, 35.20.155, and 35.20.205; adding a new section to chapter 3.42 RCW; and creating a new section.

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

Sec. 1. RCW 3.42.010 and 1984 c 258 s 30 are each amended to read as follows:

(1) When so authorized by the districting plan, one or more district court commissioners may be appointed in any district by the judges of the district. Each commissioner shall be a registered voter of the county in which the district or a portion thereof is located, and ((~~shall hold office at the pleasure of~~)) may be disciplined or terminated for cause by the appointing judges.

(2) When authorized by a city legislative authority, one or more municipal court commissioners may be appointed in any municipality by the municipal court judges. A commissioner may be disciplined or terminated for cause by the appointing judges.

(3) Any person appointed as a commissioner authorized to hear or dispose of cases shall:

(a) Be a lawyer who is admitted to the practice of law in the state of Washington; or

((~~who has~~)) (b) Have passed the qualifying examination for lay judges as provided under RCW 3.34.060.

Sec. 2. RCW 3.42.020 and 1984 c 258 s 31 are each amended to read as follows:

Each ((~~district~~)) court commissioner shall have such power, authority, and jurisdiction in criminal and civil matters as the appointing judges possess ((~~and shall prescribe~~)) unless a written appointment prescribes a lesser power, authority, and jurisdiction.

Sec. 3. RCW 3.42.040 and 1984 c 258 s 33 are each amended to read as follows:

((~~District~~)) Court commissioners shall receive such compensation as the county or city legislative authority ((~~or city council~~)) shall provide.

Sec. 4. RCW 3.46.020 and 1987 c 3 s 1 are each amended to read as follows:

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

Sec. 5. RCW 3.50.075 and 1994 c 10 s 1 are each amended to read as follows:

When so authorized by the city legislative authority, one or more court commissioners may be appointed by a judge of the municipal court. ((~~Each commissioner holds office at the pleasure of~~)) A commissioner may be disciplined or terminated for cause by the appointing judge. A commissioner authorized to hear or dispose of cases must be ((~~a lawyer who is admitted to practice law in the state of Washington or a nonlawyer who has passed the qualifying examination for lay judges for courts of limited jurisdiction under RCW 3.34.060~~)) qualified as set forth in RCW 3.42.010.

A commissioner need not be a resident of the city or of the county in which the municipal court is created. When a court commissioner has not been appointed and the municipal court is presided over by a part-time appointed judge, the judge need not be a resident of the city or of the county in which the municipal court is created.

The provisions of chapter 3.42 RCW apply to court commissioners appointed pursuant to this chapter.

Sec. 6. RCW 7.80.010 and 1987 c 456 s 9 are each amended to read as follows:

(1) All violations of state law, local law, ordinance, regulation, or resolution designated as civil infractions may be heard and determined by a district court, except as otherwise provided in this section.

(2) Any municipal court has the authority to hear and determine pursuant to this chapter civil infractions that are established by municipal ordinance and that are committed within the jurisdiction of the municipality.

(3) Any city or town with a municipal court under chapter 3.50 RCW may contract with the county to have civil infractions that are established by city or town ordinance and that are committed within the city or town adjudicated by a district court.

(4) District and municipal court commissioners have the authority to hear and determine civil infractions pursuant to this chapter.

(5) Nothing in this chapter prevents any city, town, or county from hearing and determining civil infractions pursuant to its own system established by ordinance.

Sec. 7. RCW 26.04.050 and 1987 c 291 s 1 are each amended to read as follows:

The following named officers and persons, active or retired, are hereby authorized to solemnize marriages, to wit: Justices of the supreme court, judges of the court of appeals, judges and commissioners of the superior courts, ((~~superior court commissioners,~~)) judges and full-time commissioners of courts of limited jurisdiction, and any regularly licensed or ordained minister or any priest of any church or religious denomination((~~, and judges of courts of limited jurisdiction as defined in RCW 3.02.010~~)). For purposes of this section, the term "full-time commissioners" has the same meaning as defined in chapter 3.42 RCW, and the term "courts of limited jurisdiction" has the same meaning as defined in RCW 3.02.010.

Sec. 8. RCW 46.63.040 and 1984 c 258 s 137 are each amended to read as follows:

(1) All violations of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section.

(2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter.

(3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court.

(4) District and municipal court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter.

(5) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560.

Sec. 9. RCW 3.34.080 and 1984 c 258 s 14 are each amended to read as follows:

Each district judge, district judge pro tempore and district court commissioner shall, before entering upon the duties of office, take an oath to support the Constitution of the United States and the Constitution and laws of the state of Washington, and to perform the duties of the office faithfully and impartially and to the best of his or her ability, which oath shall be filed in the office of the county auditor.

Sec. 10. RCW 35.20.155 and 1996 c 16 s 3 are each amended to read as follows:

When so authorized by the city legislative authority, the judges of the city may appoint one or more municipal court commissioners. A commissioner must be a registered voter of the city, and ((~~shall hold office at the pleasure of~~)) may be disciplined or terminated for cause by the appointing judges. A person appointed as a commissioner authorized to hear or dispose of cases must be a lawyer who is admitted to the practice of law in the state of Washington. A commissioner has such power, authority, and jurisdiction in criminal and civil matters as the appointing judges possess and may prescribe.

NEW SECTION. Sec. 11. Chapter 3.42 RCW shall be retitled "District and Municipal Court Commissioners."

NEW SECTION. Sec. 12. A new section is added to chapter 3.42 RCW to read as follows:

A full-time commissioner is a commissioner who is compensated for thirty-five or more hours of work per week.

Sec. 13. RCW 35.20.205 and 1980 c 128 s 7 are each amended to read as follows:

The judges of the municipal court may employ judicial officers to assist in the administration of justice and the accomplishment of the work of the court as said work may be assigned to it by statute or ordinance. The duties and responsibilities of such officers shall be judicial in nature and shall be fixed by court rule as adopted by the municipal court judges or fixed by ordinance of the city. The judicial officers may be authorized to hear and determine cases involving the commission of traffic infractions as provided in chapter 46.63 RCW and other cases involving the commission of civil infractions and violations as provided for in chapter 7.80 RCW. The mayor may appoint the judicial officers as judges pro tempore pursuant to RCW 35.20.200: PROVIDED, That the judicial officer need not be a resident of the city.

To utilize the services of such judicial officers for the purpose of hearing contested matters relating to the interest of the city and its citizens and the operation of the various departments of the city, the city may by ordinance create the office of hearing examiner in the municipal court and assign to it judicial duties and responsibilities.