SENATE BILL REPORT

SB 6719

As Reported By Senate Committee On:

Judiciary, February 7, 2002

Title:  An act relating to municipal courts.

Brief Description:  Modifying municipal court provisions.

Sponsors:  Senators Winsley, Prentice and Eide.

Brief History:

Committee Activity:  Judiciary:  2/4/02, 2/7/02 [DPS].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  That Substitute Senate Bill No. 6719 be substituted therefor, and the substitute bill do pass.

Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Long, McCaslin, Poulsen, Thibaudeau and Zarelli.

Staff:  Dick Armstrong (786‑7460)

Background:  Currently judges of a municipal court or department in cities less than 400,000 population may be selected either by appointment or election, as determined by the city legislative body.  However, if a city utilizes the equivalent of a full-time judicial position (35 or more hours per week of compensated time), then the judicial position must be filled by election.  There is no specific requirement that a municipal court have a full-time judge, given that a city can utilize one or more persons to fill the full-time equivalent judicial position.

Some cities have declined to elect a full-time judge and instead have relied on appointing part-time judges to handle the caseload of the city.  It has been suggested that this practice has a negative impact on the administration of justice and that, at least for some of the larger cities, the election of a full-time municipal court judge would provide for a more equitable treatment of the judicial officer and a more efficient handling of judicial duties.

Summary of Substitute Bill:  In cities with a population in excess of 50,000 that have established a municipal court or department, there must be at least one full-time elected municipal judge.  The election of a full-time judge is to occur at the general election following the expiration of contracts for the appointed judges of a city.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

Appropriation:  None.

Fiscal Note:  Requested on January 30, 2002.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Cities over 50,000 with a municipal court should have a full-time elected judge.  With appointed judges, the mayor has too much influence and control, and it creates a bad perception.  There are three branches of government and we should have elected judges as part of that process to maintain independence of the judiciary.

Testimony Against:  The city of Federal Way does not like the bill because it has an immediate impact on the city, particularly on the budget process.  There should be a phase-in process to allow for some planning time.

Testified:  Senator Winsley, prime sponsor (pro); Kathy Gerke, Association of Washington Cities (concerns); Doug Levy, City of Federal Way (con).