State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/05/03.
AN ACT Relating to municipal departments of district court; amending RCW 3.38.030, 3.38.040, 3.46.030, 3.46.040, 3.46.090, 3.46.130, 3.46.140, and 3.46.150; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 In an effort to ensure equal access to
justice, provide for municipal court services as economically as
possible, and authorize cities to operate shared municipal departments
of district courts, it is the intent of the legislature to make
explicitly clear that current law allows for the operation of such
shared municipal departments.
Sec. 2 RCW 3.38.030 and 1991 c 363 s 5 are each amended to read
as follows:
Upon receipt of the districting plan, the county legislative
authority shall hold a public hearing, pursuant to the provisions of
RCW 36.32.120(7), as now or hereafter amended. At the hearing, anyone
interested in the plan may attend and be heard as to the convenience
which will be afforded to the public by the plan, and as to any other
matters pertaining thereto. If the county legislative authority finds
that the plan proposed by the districting committee conforms to the
standards set forth in chapters 3.30 through 3.74 RCW and is conducive
to the best interests and welfare of the county as a whole it may adopt
such plan. If the county legislative authority finds that the plan
does not conform to the standards as provided in chapters 3.30 through
3.74 RCW, the county legislative authority may modify, revise or amend
the plan and adopt such amended or revised plan as the county's
district court districting plan. The districting plan adopted by the
county legislative authority shall provide for municipal departments
created pursuant to chapter 3.46 RCW or as determined by the
districting plan or amended districting plan submitted to the county
legislative authority by the districting committee. The county
legislative authority may not modify, revise, or amend the location of
municipal departments or the apportionment of time, salaries, and
benefits of district court judges designated as part-time municipal
court judges. The plan decided upon shall be adopted by the county
legislative authority not later than six months after the county
initially obtains a population of two hundred ten thousand or more or
the adoption of the elective resolution.
Sec. 3 RCW 3.38.040 and 1984 c 258 s 27 are each amended to read
as follows:
The districting committee ((may)) shall meet for the purpose of
amending the districting plan at any time on call of the county
legislative authority, the chairperson of the committee or a majority
of its members or upon receipt of a petition for the creation of a
municipal department pursuant to RCW 3.46.040. Amendments to the plan
shall be submitted to the county legislative authority not later than
March 15th of each year for adoption by the county legislative
authority following the same procedure as with the original districting
plan. Amendments shall be adopted not later than May 1st following
submission by the districting committee. Any amendment which would
reduce the salary or shorten the term of any judge shall not be
effective until the next regular election for district judge. All
other amendments may be effective on a date set by the county
legislative authority.
Sec. 4 RCW 3.46.030 and 2000 c 111 s 5 are
each amended to read
as follows:
A municipal department shall have exclusive jurisdiction of matters
arising from ordinances of the city, and no jurisdiction of other
matters except as conferred by statute. A municipal department
participating in the program established by the office of the
administrator for the courts pursuant to RCW 2.56.160 shall have
jurisdiction to take recognizance, approve bail, and arraign defendants
((held within its jurisdiction)) on warrants issued by any court of
limited jurisdiction participating in the program. A city or town
operating a municipal department pursuant to an agreement with another
city or town under chapter 39.34 RCW shall have the same original
jurisdiction as the city or town contracting for such municipal
department services, regardless of the physical location of the court.
Sec. 5 RCW 3.46.040 and 1984 c 258 s 74 are each amended to read
as follows:
(1) 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, and
shall)) set forth: (((1))) (a) The number of full time and part time
judges required for the municipal department; (((2))) (b) the amount of
time for which a part time judge will be required for the municipal
department; ((and (3))) (c) whether the full time judge or judges will
be elected or appointed; and (d) a commitment that the city will pay
the proportionate share of the salary and benefits of each judge
serving as a part time municipal department judge. ((In a)) The
petition ((filed subsequent to 1962 provision)) shall ((be made))
provide for the temporary appointment of a municipal judge to fill each
elective position until the next election for district judges.
The petition for a municipal department 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 and benefits 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.
(2) Notwithstanding the provisions of subsection (1) of this
section, municipal departments located within a county having a
population of more than one million and created on or before January 1,
2005, may be established by adoption of an ordinance of the legislative
body of the city or town creating "The Municipal Department of . . .
. . . (insert name of city or town)." Such ordinance shall set forth:
(a) The number of full time and part time judges required for the
municipal department; (b) the amount of time for which a part time
judge will be required for the municipal department; (c) whether the
full time judge or judges will be elected or appointed; and (d) a
commitment that the city will pay the proportionate share of the salary
and benefits of each judge serving as a part time municipal department
judge. The ordinance shall provide for the temporary appointment of a
municipal judge to fill each elective position until the next election
for district judges.
Notwithstanding the provisions of RCW 3.38.030, upon the creation
of any municipal department by ordinance adopted prior to January 1,
2005, the districting plan described in chapter 3.38 RCW shall
automatically be amended to include such municipal department within
the district in which it is geographically located.
Sec. 6 RCW 3.46.090 and 1984 c 258 s 78 are each amended to read
as follows:
The salary and benefits of a full time municipal judge shall be
paid wholly by the city. The salary and benefits of a district judge
serving a municipal department part time shall be paid jointly by the
county and the city in the same proportion as the time of the judge has
been allocated to each. Salaries and benefits of court commissioners
serving the municipal department shall be paid by the city. For
purposes of this section, salaries and benefits do not include
overhead, administrative costs, or other indirect costs.
Sec. 7 RCW 3.46.130 and 1961 c 299 s 47 are each amended to read
as follows:
All courtrooms, offices, facilities and supplies for the operation
of a municipal department shall be furnished by the city. A city or
town may enter into an agreement with another county, city, or town
under chapter 39.34 RCW to provide any such facilities.
Sec. 8 RCW 3.46.140 and 1961 c 299 s 48 are each amended to read
as follows:
All ((such)) municipal department personnel shall be deemed
employees of the city, shall be compensated wholly by the city, and
shall be appointed under and subject to any applicable civil service
laws and regulations. A city or town may enter into an agreement with
another county, city, or town under chapter 39.34 RCW to provide any
such personnel.
Sec. 9 RCW 3.46.150 and 2001 c 68 s 2 are each amended to read as
follows:
(((1))) Any city, having established a municipal department as
provided in this chapter may((, by)) terminate such municipal
department by adoption of an appropriate ordinance. However, no
municipal department may be terminated unless the city or town: (1)
Provides written notice to the county legislative authority not less
than one year prior to ((February)) January 1st of the year in which
all district court judges are subject to election((, require the
termination of the municipal department created pursuant to this
chapter)). A city may terminate a municipal department only at the end
of a four-year judicial term((. However, the city may not give the
written notice required by this section unless the city)); and (2) has
either established a municipal court pursuant to chapter 3.50 or 35.20
RCW or 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 county that wishes to terminate a municipal department of
the district court must provide written notice to the city legislative
authority at least one year prior to the date of the intended
termination.))