Ord 99-339
ORDINANCE NO. 99-339
AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY
CREATING A MUNICIPAL COURT TO COMMENCE OPERATION ON
JANUARY I, 2000, PROVIDING FOR TIlE APPOINTMENT OF A MUNICIPAL
JUDGE, AND AMENDING CHAPTER 2 OF TIlE FEDERAL WAY CITY CODE
BY ADDING A NEW ARTICLE X
WHEREAS, the City of Federal Way is an optional municipal code city with a
population of less than four hundred thousand, and
WHEREAS, Chapter 3.50 of the Revised Code of Washington allows such cities to
create and operate a municipal court, haying the jurisdiction and powers set forth herein; and
WHEREAS, the City considers the creation of a Federal Way Municipal Court to be
in the best interests of the citizens of the city; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
~. A new Article X, to Chapter 2, "Administration", entitled Federal Way
Municipal Court is hereby added to the Federal Way City Code (FWCC), to read as follows:
2-306. ~. The Municipal Court of the City of Federal Way ("the Court") is
hereby created, which shall have jurisdiction and exercise all powers vested in the Court by Chapter
3.50 RCW as it now exists or may hereafter be amended, together with such other powers and
jurisdiction as are generally conferred on such courts in Washington, either by common law or
express statute. The Municipal Court shall commence operation January I, 2000.
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2-307. Jurisdiction. The Court shall have exclusive original jurisdiction over traffic
infractions arising under City ordinances, and exclusive original criminal jurisdiction of all
violations of City ordinances. The Court shall have original jurisdiction of all other actions brought
to enforce or recover license penalties or forfeitures declared by City ordinance or state statute. The
Court is also empowered to forfeit cash bailor bail bonds and issue execution thereon; and in
general to hear and detennine all causes, civil or criminal, including traffic infractions, arising under
such City ordinances, to issue process including but not limited to subpoenas and search warrants,
and to pronounce judgment in accordance therewith. Finally, the Court shall have the jurisdiction
as conferred on it by statute. Notwithstanding the foregoing, the District Court for King County,
Federal Way Division, shall continue to have jurisdiction over a matter filed with the District by the
City of Federal Way and which matter is not transferred by order of the Federal Way Municipal
Court.
2-308. Violations Bureau.
A. Creation. The Federal Way Violations Bureau is hereby created to
operate under the supervision of the Municipal Court to assist the Court in processing traffic cases.
The Violations Bureau created by this section shall commence operation January 1, 2000. Day to
day operations of the Violations Bureau shall be supervised by the court administrator.
B. Processing. The Violations Bureau is authorized to perform all of the
functions authorized under RCW 3.50.030, at it exists or as it may hereafter be amended. The
violations bureau shall operate in confonnity with state statutes such as RCW Chapter 46.63 and
RCW 3.50.030 as they now exist or may hereafter be amended. All penalties and forfeitures paid
to the violations bureau shall be handled in the same manner as municipal court reyenue.
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2-309. Disposition of Reyenue. Costs in civil and criminal actions may be imposed
as provided in district court in RCW 3.62.060 and in RCW 10.01.160 as they exist or as they may
hereafter be amended. All fees, costs, fines, forfeitures and other money imposed by the Municipal
Court for the violation of any City ordinances shall be collected by the Court Clerk, and, together
with any revenues receiyed by the Clerk, shall be deposited with the City Finance Director, in
conformance with procedures adopted by the City Manager or designee, or state law. These funds
shall be retained or disbursed pursuant to City ordinances or policies and state law, such as RCW
3.50.100.
2-3] o. Municipal Judge.
A. Appointment. Within thirty (30) days after the effective date of this
ordinance, the City Manager shall appoint a municipal judge, who shall commence work on or about
December 15, 1999, and who shall work less than a full time equivalent as defined in RCW 3.50.055
.
as it now exists or may hereafter be amended. Pursuant to RCW 35A.13.080, this appointment is
subject to confirmation by the City Council.
B. Term. The Municipal Court judge shall serve a term of two (2) years,
with the initial appointment of the judge under this ordinance expiring December 31,2001. On or
before December I, 2001, the City Manager shall make an appointment of a judge for a term
commencing January 1,2002 and expiring December 31, 200S,provided that, the judicial position
continues as a less than full time equivalent position as defined in RCW 3.50.055 as it now exists
or may hereafter be amended. Appointments, if appropriate, for each term thereafter shall be made
on or before December I of the next preceding year in which the judicial term commences.
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In the event that the judicial position becomes a full time equivalent position as defined in
RCW 3.50.055 as it now exists or may hereafter be amended, an election shall be conducted the year
preceding the expiration of the appointed term.
C. Judicial Qualifications. At the time of the appointment or election, the
person appointed or elected shall be qualified for the position of municipal judge under city rules
as the City Council may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040
and RCW 3.50.050.
D. Additional Judges. Additional full or pan time municipal judge
positions will be filled in accordance with RCW 3.50.055 as it now exists or may hereafter be
amended, when in the judgment of the City Manager and/or the City Council, as applicable, the
public interest and the administration of justice makes such additional judge or judges necessary.
E. Judges Pro Tern. The City Manager shall, in writing, appoint judges pro
tern who shall act in absence, disability, or disqualification of the regular judge of the Municipal
Court. A pro tern judge's term of appointment shall also be specified in writing, but in any event
shall not extend beyond the City Manager's termination of employment. The judges pro tern shall
receiye such compensation as shall be fixed by the ordinances of the.City. When deemed necessary
by the City Manager or designee, the City Manager or designee may make a temporary appointment
of a judge pro tern, to preserve an individual's rights according to law, or to respond to emergency
circumstances, effective for up to one week. Such temporary appointment shall be the same as other
appointments of judges pro tern, except that the appointment and the term thereof do not need to be
in writing and the oath of office may be orally sworn to or affirmed before the court administrator
or court clerk.
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F. Vacancy. Any vacancy in the Municipal Court due to death, disability,
or resignation of a judge shall be filled by the City Manager, for the remainder of the unexpired
term. The appointment shall be subject to the confirmation of the City Council. The appointed
judge shall be qualified to hold the position of judge of the Municipal Court as proyided in this
section.
G. Removal. During the term of his or her appointment or election, a
Municipal Court judge shall be remoyed only upon conyiction of misconduct or malfeasance in
office, or because of physical or mental disability rendering the judge incapable of performing the
duties of the office; provided that, a Municipal Court judge is also subject to disciplinary actions by
the Commission on Judicial Conduct and the Supreme Court, as described in RCW Chapter 2.64.
H. Oath. Eyery judge of the Municipal Court, before entering upon the
duties of the office, shall take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that 1 will support the Constitution of the United
States and the Constitution of the State of Washington, and that 1 will faithfully
discharge the duties of the office of judge of the Municipal Court of the City of
Federal Way, according to the best of my ability."
The oath shall be filed in the office of the King County Auditor and with the Federal Way City
Clerk.
I. Bonds. Every Municipal Court judge shall give such bonds to the state
and City for the faithful performance of the judge's duties as may be required by law or City
ordinance.
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J. Compensation. Pursuant to RCW 3.50.080, the compensation for the
Municipal Court judges shall be set by the City Council by ordinance. Other terms of employment
shall be set by a Personal Services Agreement which may be executed by the City and the appointed
judge.
2-311. Municipal Court Commissioner. Pursuant to RCW 3.50.075, Municipal
Court commissioners may be appointed by the Municipal Judge, and shall serve at the pleasure of
the Judge.
2-312. Court Operation. As part of the bi-annual preliminary budget presentation,
the City Manager or hislher designee will prepare a budget for the Court and will make a
recommendation on such budget to the City Council. The bi-annual budget for the Municipal Court
shall be approved by the City Council. All employees of the Municipal Court shall, for all purposes,
be deemed employees of the City. They shall be subject to applicable provisions of City personnel
guidelines, and state laws, such as RCW 3.50.080.
2-313. ~. The Municipal Court shall be open and shall hold such regular and
special sessions as may be prescribed by City Council; PROVIDED, that the Municipal Court shall
not be open on nonjudicial days, as established by state law. This section shall not prevent the
municipal judge from granting telephonic approval or entry of search warrants, issuing no contact
orders, or determinations of probable cause, regardless of whether the Court is officially open.
2-314. Municipal ('-Ourt Seal. The Municipal Court shall have a seal which shall be
the vignette of George Washington, with words "Seal of The Municipal Court of Federal Way, State
of Washington" surrounding the vignette.
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2-315. Case Transfers. A transfer of a case from the Municipal Court to either
another municipal judge of the City of Federal Way or to a judge pro tempore appointed in the
manner prescribed by this chapter shall be allowed as provided in RCW 3.50.125 as it now exists
or may be amended.
2-316. Jury Trial and Fee. Jury trials shall be allowed as specifically proyided for
in RCW 3 50 135 for municipal courts or in accordance with state law applicable to a particular
matter. A party requesting a jury trial shall pay to the Municipal Court a fee which shall be the same
amount as for a jury in district court. If more than one party in the matter requests a jury, the fee
shall be apportioned. Jurors shall be reimbursed for their costs and mileage pursuant to RCW
3.50.135 for each day in attendance upon Federal Way Municipal Court in the amounts as
established by the City Council. These fees may be included in the costs that are imposed by the
Court upon a defendant
.
2=ll1. Sentencing. The Municipal Judge shall have the broadest authority and
greatest discretion consistent with the Federal Way City Code and state law with respect to
sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing
jurisdiction after sentencing, and tennination of probation, the Mul\icipal Judge shall be guided by
applicable state law, such as RCW 3.50.300 through 3.50.340, and 3.50.440.
2-3 I 8. Criminal Process. All criminal process issued by the Municipal Court shall
be in the name of the State of Washington and run throughout the State, and be directed to and
served by the chief of police, marshal, or other police officer of any city or to any sheriff in the
state.
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2-319. Com.vlaints. All criminal prosecutions for the violation of a City ordinance
shall be conducted in the name of the City and may be upon the complaint of any person, subject
to the procedures set forth in all applicable ordinances and statutes.
2-320. Pleadings Practice and Procedure. Pleadings, practice and procedure in cases
not goyerned by statutes or rules specifically applicable to municipal courts shall, insofar as
applicable, be governed by the statutes and rules now existing or hereafter adopted governing
pleadings, practice and procedure applicable to district courts, particularly the Washington Rules
for Courts of Limited Jurisdiction, and Local Rules of the District Court for King County.
~ The provisions of this ordinance are declared separate and severable. The
inyalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or
the invalidity of the application thereof to any person or circumstance, shall not affect the yalidity
of the remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 3 Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affinned.
Section4 This ordinance shall take effect and be in force on November 15,1999,
as provided by law.
PASSED by the City Council of the City of Federal Way this..l6..th.....- day of
Karch
,1999.
CITY OF FEDERAL WAY
MAY~~~
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ATTEST:
APPROVED AS TO FORM:
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CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 3/1/99
PASSED BY THE CITY COUNCIL: 3/16/99
PUBLISHED: 3/20/99
EFFECTIVE DATE: 11/15/99
ORDINANCE NO. 99-119
K:/ord/municourt.2
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