H‑1352.3   _____________________________________________

SUBSTITUTE HOUSE BILL 1264

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Lantz, Esser, Carrell, Van Luven and Lambert; by request of Administrator for the Courts)

READ FIRST TIME 02/26/01. 

_1      AN ACT Relating to courts of limited jurisdiction; amending RCW

_2  3.50.810, 3.46.150, 35.20.010, and 39.34.180; and repealing RCW

_3  3.46.155.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      Sec. 1.  RCW 3.50.810 and 1993 c 317 s 2 are each amended to read

_6  as follows:

_7      (1) Any city having entered into an agreement for court

_8  services with the county must provide written notice of the intent

_9  to terminate the agreement to the county legislative authority not

10  less than one year prior to February 1st of the year in which all

11  district court judges are subject to election.

12      (2) Any city that terminates ((a municipal court under this

13  chapter may not establish another municipal court under this

14  chapter until at least ten years have elapsed from the date of

15  termination)) an agreement for court services to be provided by a

16  district court may terminate the agreement only at the end of a

17  four-year district court judicial term.

18      (3) A county that wishes to terminate an agreement with a city

                               p. 1                      SHB 1264

_1  for the provision of court services must provide written notice of

_2  the intent to terminate the agreement to the city legislative

_3  authority not less than one year prior to the expiration of the

_4  agreement.

_5     Sec. 2.  RCW 3.46.150 and 1984 c 258 s 210 are each amended to

_6  read as follows:

_7      (1) Any city, having established a municipal department as

_8  provided in this chapter may, by written notice to the county

_9  legislative authority not less than ((thirty days)) one year prior

10  to February 1st of ((any)) the year in which all district court

11  judges are subject to election, require the termination of the

12  municipal department created pursuant to this chapter.  A city may

13  terminate a municipal department only at the end of a four-year

14  judicial term.  However, the city may not give the written notice

15  required by this section unless the city has reached an agreement

16  with the county under chapter 39.34 RCW under which the county is

17  to be paid a reasonable amount for costs associated with

18  prosecution, adjudication, and sentencing in criminal cases filed

19  in district court as a result of the termination.  The agreement

20  shall provide for periodic review and renewal of the terms of the

21  agreement.  If the municipality and the county are unable to agree

22  on the terms for renewal of the agreement, they shall be deemed to

23  have entered into an agreement to submit the issue to arbitration

24  under chapter 7.04 RCW. Pending conclusion of the arbitration

25  proceeding, the terms of the agreement shall remain in effect.  The

26  municipality and the county have the same rights and are subject

27  to the same duties as other parties who have agreed to submit to

28  arbitration under chapter 7.04 RCW.

29      (2) A county that wishes to terminate a municipal department of

30  the district court must provide written notice to the city

31  legislative authority at least one year prior to the date of the

32  intended termination.

33      Sec. 3.  RCW 35.20.010 and 1984 c 258 s 201 are each amended to

34  read as follows:

35      (1) There is hereby created and established in each

36  incorporated city of this state having a population of more than

SHB 1264                       p. 2

_1  four hundred thousand inhabitants, as shown by the federal or

_2  state census, whichever is the later, a municipal court, which

_3  shall be styled "The Municipal Court of . . . . . . (name of city),"

_4  hereinafter designated and referred to as the municipal court,

_5  which court shall have jurisdiction and shall exercise all the

_6  powers by this chapter declared to be vested in such municipal

_7  court, together with such powers and jurisdiction as is generally

_8  conferred in this state either by common law or statute.

_9      (2) A municipality operating a municipal court under this

10  section may terminate that court if the municipality has reached

11  an agreement with the county under chapter 39.34 RCW under which

12  the county is to be paid a reasonable amount for costs associated

13  with prosecution, adjudication, and sentencing in criminal cases

14  filed in district court as a result of the termination.  The

15  agreement shall provide for periodic review and renewal of the

16  terms of the agreement.  If the municipality and the county are

17  unable to agree on the terms for renewal of the agreement, they

18  shall be deemed to have entered into an agreement to submit the

19  issue to arbitration under chapter 7.04 RCW.  Pending conclusion of

20  the arbitration proceeding, the terms of the agreement shall

21  remain in effect.  The municipality and the county have the same

22  rights and are subject to the same duties as other parties who

23  have agreed to submit to arbitration under chapter 7.04 RCW.

24      (3) A city that has entered into an agreement for court

25  services with the county must provide written notice of the intent

26  to terminate the agreement to the county legislative authority not

27  less than one year prior to February 1st of the year in which all

28  district court judges are subject to election.  A city that

29  terminates an agreement for court services to be provided by a

30  district court may terminate the agreement only at the end of a

31  four-year district court judicial term.

32      (4) A county that wishes to terminate an agreement with a city

33  for the provision of court services must provide written notice of

34  the intent to terminate the agreement to the city legislative

35  authority not less than one year prior to the expiration of the

36  agreement.

                               p. 3                      SHB 1264

_1      Sec. 4.  RCW 39.34.180 and 1996 c 308 s 1 are each amended to read

_2  as follows:

_3      (1) Each county, city, and town is responsible for the

_4  prosecution, adjudication, sentencing, and incarceration of

_5  misdemeanor and gross misdemeanor offenses committed by adults in

_6  their respective jurisdictions, and referred from their respective

_7  law enforcement agencies, whether filed under state law or city

_8  ordinance, and must carry out these responsibilities through the

_9  use of their own courts, staff, and facilities, or by entering

10  into contracts or interlocal agreements under this chapter to

11  provide these services.  Nothing in this section is intended to

12  alter the statutory responsibilities of each county for the

13  prosecution, adjudication, sentencing, and incarceration for not

14  more than one year of felony offenders, nor shall this section

15  apply to any offense initially filed by the prosecuting attorney

16  as a felony offense or an attempt to commit a felony offense.

17      (2) The following principles must be followed in negotiating

18  interlocal agreements or contracts:  Cities and counties must

19  consider (a) anticipated costs of services; and (b) anticipated

20  and potential revenues to fund the services, including fines and

21  fees, criminal justice funding, and state-authorized sales tax

22  funding levied for criminal justice purposes.

23      (3) If an agreement as to the levels of compensation within an

24  interlocal agreement or contract for gross misdemeanor and

25  misdemeanor services cannot be reached between a city and county,

26  then either party may invoke binding arbitration on the

27  compensation issued by notice to the other party.  In the case of

28  establishing initial compensation, the notice shall request

29  arbitration within thirty days.  In the case of nonrenewal of an

30  existing contract or interlocal agreement, the notice must be

31  given one hundred twenty days prior to the expiration of the

32  existing contract or agreement and the existing contract or

33  agreement remains in effect until a new agreement is reached or

34  until an arbitration award on the matter of fees is made.  The city

35  and county each select one arbitrator, and the initial two

36  arbitrators pick a third arbitrator.

37      (4) A city or county that wishes to terminate an agreement for

SHB 1264                       p. 4

_1  the provision of court services must provide written notice of the

_2  intent to terminate the agreement in accordance with RCW 3.50.810

_3  and 35.20.010.

_4      (5) For cities or towns that have not adopted, in whole or in

_5  part, criminal code or ordinance provisions related to misdemeanor

_6  and gross misdemeanor crimes as defined by state law, this section

_7  shall have no application until July 1, 1998.

_8      NEW SECTION. Sec. 5.  RCW 3.46.155 (Termination of municipal

_9  department--Waiting period for establishing another) and 1993 c

10  317 s 1 are each repealed.

‑‑‑ END ‑‑‑

                               p. 5                      SHB 1264