SHB 3082 -
By Committee on Judiciary
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 3.50.003 and 1984 c 258 s 125 are each amended to
read as follows:
(("Mayor," as used in this chapter,)) (1) "City" means an
incorporated city or town.
(2) "Contracting city" means any city that contracts with a hosting
jurisdiction for the delivery of judicial services.
(3) "Mayor" means the chief administrative officer of the city.
(4) "Hosting jurisdiction" means a county or city designated in an
interlocal agreement as receiving compensation for providing judicial
services to a contracting city.
Sec. 2 RCW 3.50.005 and 1984 c 258 s 101 are each amended to read
as follows:
((The legislature finds that there is a multitude of statutes
governing the municipal courts of the state. This situation is
confusing and misleading to attorneys, judges, court personnel, and
others who work with the municipal courts. The legislature therefore
finds that a reorganization of the municipal courts of the state would
allow those courts to operate in a more effective and efficient
manner)) The legislature finds that permitting cities to contract with
counties or other cities for judicial services will allow cities to
provide more cost-effective services and encourage the creation of
regional courts of limited jurisdiction that provide the full range of
judicial functions and that are open and accessible to the citizens of
the state of Washington. This chapter provides a court structure which
may be used by cities and towns with a population of four hundred
thousand or less which choose to operate under this chapter.
NEW SECTION. Sec. 3 A new section is added to chapter 3.50 RCW
to read as follows:
A city may meet the requirements of RCW 39.34.180 by entering into
an interlocal agreement with the county in which the city is located or
with one or more cities. The host jurisdiction in any such agreement
must be located within reasonable proximity to any contracting city or
cities. For purposes of this section, "reasonable proximity" shall be
determined after consideration of the factors set forth in RCW
39.34.010. The respective presiding judges from the host jurisdiction
and from any contracting city or cities shall be invited by the mayor
of each city and by any county to attend and participate in interlocal
agreement negotiations. The interlocal agreement shall provide that a
judge of the hosting jurisdiction sit as the municipal court judge for
the contracting city or cities and hear those cases specified in RCW
39.34.180.
Sec. 4 RCW 3.50.020 and 2005 c 282 s 14 are each amended to read
as follows:
The municipal court shall have exclusive original jurisdiction over
traffic infractions arising under city ordinances and exclusive
original criminal jurisdiction of all violations of city ordinances
duly adopted by the city ((in which the municipal court is located))
and shall have original jurisdiction of all other actions brought to
enforce or recover license penalties or forfeitures declared or given
by such ordinances or by state statutes. A hosting jurisdiction shall
have exclusive original criminal and other jurisdiction as described in
this section for all matters filed by a contracting city. The
municipal court shall also have the jurisdiction as conferred by
statute. The municipal court is empowered to forfeit cash bail or bail
bonds and issue execution thereon; and in general to hear and determine
all causes, civil or criminal, including traffic infractions, arising
under such ordinances and to pronounce judgment in accordance
therewith. A municipal court participating in the program established
by the administrative office of 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.
Sec. 5 RCW 3.50.805 and 2005 c 433 s 35 are each amended to read
as follows:
(1) A ((municipality)) city operating a municipal court under this
chapter shall not terminate that court or terminate an interlocal
agreement entered into under section 3 of this act unless the
((municipality)) city has reached an agreement with the appropriate
county or another ((municipality)) city under chapter 39.34 RCW under
which the county or ((municipality)) city is to be paid a reasonable
amount for costs associated with prosecution, adjudication, and
sentencing in criminal cases, traffic infractions, or protective orders
as defined in RCW 39.34.180 that are filed in district or municipal
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)) city and the county or ((municipality)) city 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 7.04A RCW. Pending conclusion of the
arbitration proceeding, the terms of the agreement shall remain in
effect. The ((municipality)) city and the county or ((municipality))
city have the same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under chapter 7.04A
RCW. A ((municipality)) city that has entered into agreements with
other ((municipalities)) cities that have terminated their municipal
courts may not thereafter terminate its court unless each
((municipality)) city has reached an agreement with the appropriate
county or city in accordance with this section.
(2) A ((municipality)) city operating a municipal court under this
chapter may not repeal in its entirety that portion of its municipal
code defining crimes while retaining the court's authority to hear and
determine traffic infractions under chapter 46.63 RCW unless the
((municipality)) city has 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, traffic infractions, or protective orders
as defined in RCW 39.34.180 that are filed in district court as a
result of the repeal. The agreement shall provide for periodic review
and renewal of the terms of the agreement. If the ((municipality))
city 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 7.04A RCW. Pending
conclusion of the arbitration proceeding, the terms of the agreement
shall remain in effect. The ((municipality)) city 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 7.04A RCW.
(3) A ((municipality)) city operating a municipal court under this
chapter may not repeal a provision of its municipal code which defines
a crime equivalent to an offense listed in RCW 46.63.020 unless the
((municipality)) city has 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, traffic infractions, or protective orders
as defined in RCW 39.34.180 that are filed in district court as a
result of the repeal. The agreement shall provide for periodic review
and renewal of the terms of the agreement. If the ((municipality))
city 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 7.04A RCW. Pending
conclusion of the arbitration proceeding, the terms of the agreement
shall remain in effect. The ((municipality)) city 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 7.04A RCW.
Sec. 6 RCW 39.34.180 and 2001 c 68 s 4 are each amended to read
as follows:
(1) Each county, city, and town is responsible for the prosecution,
adjudication, sentencing, and incarceration of misdemeanor and gross
misdemeanor offenses and traffic infractions committed by adults in
their respective jurisdictions, and referred from their respective law
enforcement agencies, whether filed under state law or city ordinance,
and must carry out these responsibilities through the use of their own
courts, staff, and facilities, or by entering into contracts or
interlocal agreements under this chapter to provide these services.
Nothing in this section is intended to alter the statutory
responsibilities of each county for the prosecution, adjudication,
sentencing, and incarceration for not more than one year of felony
offenders, nor shall this section apply to any offense initially filed
by the prosecuting attorney as a felony offense or an attempt to commit
a felony offense. For purposes of this section, a "protective order"
is any domestic violence no-contact order under chapter 10.99 RCW,
domestic violence protection order under chapter 26.50 RCW,
antiharassment order under chapter 10.14 RCW, or sexual assault
protection order under chapter 7.-- RCW (sections 1 through 20, chapter
. . . (Substitute House Bill No. 2576), Laws of 2006), over which a
district or municipal court has jurisdiction.
(2) The following principles must be followed in negotiating
interlocal agreements or contracts: Cities and counties must consider
(a) anticipated costs of services; and (b) anticipated and potential
revenues to fund the services, including fines and fees, criminal
justice funding, and state-authorized sales tax funding levied for
criminal justice purposes.
(3) If an agreement as to the levels of compensation within an
interlocal agreement or contract for gross misdemeanor and misdemeanor
services cannot be reached between ((a city and county)) the parties,
then either party may invoke binding arbitration on the compensation
issued by notice to the other party. In the case of establishing
initial compensation, the notice shall request arbitration within
thirty days. In the case of nonrenewal of an existing contract or
interlocal agreement, the notice must be given one hundred twenty days
prior to the expiration of the existing contract or agreement and the
existing contract or agreement remains in effect until a new agreement
is reached or until an arbitration award on the matter of fees is made.
The ((city and county)) parties each select one arbitrator, and the
initial two arbitrators pick a third arbitrator.
(4) A city or county that wishes to terminate an agreement for the
provision of court services must provide written notice of the intent
to terminate the agreement in accordance with RCW 3.50.810 and
35.20.010.
(5) For cities or towns that have not adopted, in whole or in part,
criminal code or ordinance provisions related to misdemeanor and gross
misdemeanor crimes as defined by state law, this section shall have no
application until July 1, 1998.
Sec. 7 RCW 39.34.180 and 2001 c 68 s 4 are each amended to read
as follows:
(1) Each county, city, and town is responsible for the prosecution,
adjudication, sentencing, and incarceration of misdemeanor and gross
misdemeanor offenses committed by adults in their respective
jurisdictions, and referred from their respective law enforcement
agencies, whether filed under state law or city ordinance, and for
issuing and enforcing protective orders, and must carry out these
responsibilities through the use of their own courts, staff, and
facilities, or by entering into contracts or interlocal agreements
under this chapter to provide these services. Nothing in this section
is intended to alter the statutory responsibilities of each county for
the prosecution, adjudication, sentencing, and incarceration for not
more than one year of felony offenders, nor shall this section apply to
any offense initially filed by the prosecuting attorney as a felony
offense or an attempt to commit a felony offense.
(2) The following principles must be followed in negotiating
interlocal agreements or contracts: Cities and counties must consider
(a) anticipated costs of services; and (b) anticipated and potential
revenues to fund the services, including fines and fees, criminal
justice funding, and state-authorized sales tax funding levied for
criminal justice purposes.
(3) If an agreement as to the levels of compensation within an
interlocal agreement or contract for gross misdemeanor and misdemeanor
services cannot be reached between a city and county, then either party
may invoke binding arbitration on the compensation issued by notice to
the other party. In the case of establishing initial compensation, the
notice shall request arbitration within thirty days. In the case of
nonrenewal of an existing contract or interlocal agreement, the notice
must be given one hundred twenty days prior to the expiration of the
existing contract or agreement and the existing contract or agreement
remains in effect until a new agreement is reached or until an
arbitration award on the matter of fees is made. The city and county
each select one arbitrator, and the initial two arbitrators pick a
third arbitrator.
(4) A city or county that wishes to terminate an agreement for the
provision of court services must provide written notice of the intent
to terminate the agreement in accordance with RCW 3.50.810 and
35.20.010.
(5) For cities or towns that have not adopted, in whole or in part,
criminal code or ordinance provisions related to misdemeanor and gross
misdemeanor crimes as defined by state law, this section shall have no
application until July 1, 1998.
Sec. 8 RCW 10.14.150 and 2005 c 196 s 1 are each amended to read
as follows:
(1) The district courts shall have jurisdiction and cognizance of
any civil actions and proceedings brought under this chapter, except
the district court shall transfer such actions and proceedings to the
superior court when it is shown that the respondent to the petition is
under eighteen years of age.
(2) Municipal courts ((may exercise)) shall have jurisdiction and
cognizance of any civil actions and proceedings brought under this
chapter ((by adoption of local court rule)), except the municipal court
shall transfer such actions and proceedings to the superior court when
it is shown that the respondent to the petition is under eighteen years
of age.
(3) Superior courts shall have concurrent jurisdiction to receive
transfer of antiharassment petitions in cases where a district or
municipal court judge makes findings of fact and conclusions of law
showing that meritorious reasons exist for the transfer. The municipal
and district courts shall have jurisdiction and cognizance of any
criminal actions brought under RCW 10.14.120 and 10.14.170.
NEW SECTION. Sec. 9 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
July 1, 2006, except for section 7 of this act which takes effect
January 1, 2007."
SHB 3082 -
By Committee on Judiciary
On page 1, line 2 of the title, after "jurisdiction;" strike the remainder of the title and insert "amending RCW 3.50.003, 3.50.005, 3.50.020, 3.50.805, 39.34.180, 39.34.180, and 10.14.150; adding a new section to chapter 3.50 RCW; providing effective dates; and declaring an emergency."