ORD 05-484
ORDINANCE NO. 05-484
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, TO AMEND THE
FEDERAL WAY CITY CODE TO CONVERT THE
APPOINTED MUNICIPAL COURT JUDGE POSITION TO AN
ELECTED POSITION (AMENDING ORDINANCE NOS. 99-
339, 01-397).
WHEREAS, Chapter Two, Article X, Section 2-311 of the F edera1 Way city Code
provides, in accordance with state law, for the City Manager to appoint the Municipal Court Judge
where the Judge works less than full-time as defined in RCW 3.50.055; and
WHEREAS, RCW 3.50.050 gives cities the discretion to make the Municipal Judge
Position an elective position by ordinance, instead of filling the position through appointment by the
City Manager; and
WHEREAS, the City Council finds it appropriate to convert the Municipal Court
I Judge Position into aH full time elective position; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 2-311 of the City of Federal Way Administration Code Chapter is
amended as follows:
2-311 Municipal judge.
(a) Appointment. Within 30 days after the effective date ofthe ordinance codified in this article, 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 oftwo years, with the initial appointment of
the judge under this chapter expiring December 31 , 2001. On or before December 1, 2001, the city
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ORIGINAL
manager shall make an appointment of ajudge lor a term commencing January 1,2002, and expiring
December 31,2005; 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. Effective
January 1, 2006, the municipal court judge shall be a full time elected position of forty hours per
week. The re ls:v ant election will be held during the general election in the fall of 2005.
Appointments, if appropriate, for oaoh tenn thereafter shall be made on or before December 1 8t of
the year next preceding the year in which the judicial tenn commences.
HHfie event that the j udietat.t,osition bccornos-a ful] time equivalent position as defined in RGW
]',$0.055 a~; it-new-ex-is-t5ili-111ay hereuflef-ÐemÜHlendod, an election shall be conducted the year
preceding the expiration of the appointed tefmJ;he term length and frequency of elections will
proceed as required under RCW 3.50.050 as it now exists or may hereafter be amended.
( 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 3.50.050.
(d) Additional judges. Additional full- or part-time municipal judge positions will be filled in
I accordance with RCW 3.50.055 and RCW 3.50.070 as tt-they 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 tem. The municipal court judge shall, in writing, appoint judges pro tem who shall
serve in absence, disability, or disqualification of the regular judge of the municipal court,
subsequent to the filing of an affidavit of prej udice, or when the administration of justice and the
accomplishment of the work of the court make it necessary. A pro tem judge's term of appointment
shall also be speci fied in writing. The judges pro tem shall receive such compensation as is received,
on an hourly basis, by the municipal judge, or as otherwise fixed by resolution or by the ordinances
of the city. The judges pro tern shall meet the qualifications required for the position of judge ofthe
municipal court as provided herein. Before entering upon judicial duties, each judge pro tern shall
take, subscribe, and file an oath in the same fom1 as that of the duly appointed municipal judge, and
thereafter shall have all ofthe powers of the appointed municipaljudge. When deemed necessary, the
municipal court judge 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.
(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 ofthe municipal court as provided in this section.
(g) Removal. During the term of his or her appointment or election, a municipal court judge shall be
removed only upon conviction of misconduct or malfeasance in office, or because of physical or
mental disability rendering the judge incapable of performing the duties ofthe 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 Chapter 2.64 RCW.
(h) Oath. Every judge of the municipal court, before entering upon the duties ofthe office, shall take
and subscribe the following oath or affirmation:
ORD # 05-484
, PAGE 2
"I do solemnly swear (or affirm) that I will support the Constitution ofthe United States and the
Constitution of the State of Washington, and that I 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 ofthe 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.
(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. (Ord. No. 99-339, §
1,3-16-99; Ord. No. 01-397, § 1, 7-17-01)
Section 2. Severability. The provisions ofthis ordinance are declared separate and
severable. The i oval idity 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 validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided by law.
PASSED by the City Council ofthe City of Federal Way this - day of April, 2005.
m\ ~
CITY CLERK, N. CHRISTINE G EEN, CMC
DERAL WAY
4Î;4~ /1 ð
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ORD#
05-484
,PAGE 3
APPROVED AS TO FORM:
Yt~ â ~Lcc~t? ~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 03/15/2005
PASSED BY THE CITY COUNCIL: 04/05/05
PUBLISHED: 04/9/2005
EFFECTIVE DATE: 04/14/2005
ORDINANCE NO. 05-484
k:ordin:2005/judicial eIection.doc
02/23/2005
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