ORD 05-494
ORDINANCE NO. 05-494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY
CITY CODE CHAPTER TWO, ARTICLE X, SECTION 2-311 TO
SET THE MUNICIPAL COURT JUDGES SALARY (AMENDING
ORDINANCE NUMBERS 99-339, 01-397, 05-484).
WHEREAS, RCW 3.50.080 requires salaries of municipal COUlijudges to be fixed by ordinance;
and
WHEREAS, Chapter Two, Article X, Section 2-311 (j) ofthe Federal Way City Code requires the
compensation for the municipal court judges to be set by the city council by ordinance; and
WHEREAS, the City has historically set the municipal court judges compensation in the budget
ordinance; and
WHEREAS, the municipal court judge position has been converted to a full-time elected position;
and
WHEREAS, King County Elections Division requires salary information in order to set candidate
tiling fees; and
WHEREAS, the City has determined that it is desirable to set the W4é municipal court judges
salary herein at 95% of the District Court Jud2es' salaries established, and hereafter amended, by the State
~alary Commissionand to set tÀ0 municipal eoLirt judges compensation by budget ordinance thereafter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Section 2-311 of the City of Federal WayAdministration Code Chapter is amended as
follows:
ORD #05-494, PAGE 1
OR' GINAL
2-311 Municipal judge.
(a) Appointment. Within 30 days after the effective date ofthe ordinance codified in this atiicle,
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 con firmation by
the city council.
(0) Term. "rhe 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
manager shall make an appointment of a judge for 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. EtTective January I,
2006, the municipal court judge shall be a tùlI time elected position offorty hours per week. The relevant
election will be held during the general election in the fall of 2005. The term length and tì-equency 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) A dditional judges. Additional full- or part-time municipal judge positions will be tilled in
accordance with RCW 3.50.055 and RCW 3.50.070 as they now exist 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) Judgespro tem. The municipal court judge shall, in writing, appoint judges pro tem who shall
serve in absence, disability, or disqualitïeation of the regularjudge ofthe municipal court, subsequent to
the tìling of an affidavit of prejudice, or when the administration of justice and the accomplishment ofthe
work of the court make it necessary. A pro tem judge's term of appointment shall also be specitied in
writing. T'he judges pro tem shall receive such compensation as is received, on an hourly basis, by the
municipal judge, or as otherwise tixed by resolution or by the ordinances of the city. The judges pro tem
shall meet the qualitìcations required tor the position of judge of the municipal court as provided herein.
Before entering upon judicial duties, each judge pro tem shall take, subscribe, and me an oath in the same
form as that of the duly appointed municipal judge, and thereafter shall have all ofthe powers of the
appointed municipal judge. When deemed necessary, the municipal court j udge may make a temporary
appointment of a judge pro tem, to preserve an individual's rights according to law, or to respond to
emergency circumstances, effective tor up to one week.
(I) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation ofajudge
shall be tilled 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 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 of11cc, or because of physical or
mental disability rendering the judge incapable of performing the duties of the ofÌÌce; provided, that a
municipal court judge is also subject to disciplinary actions by the commission onjudicial conduct and the
Supreme Court, as described in Chapter 2.64 RCW.
ORD #05-494, PAGE 2
(h) Oath. Every judge of the municipal court, before entering upon the duties of the office, shall
take and subscribe the following oath or affirmation:
"1 do solemnly swear (or affinn) that 1 will support the Constitution of the United States
and the Constitution of the State of Washington, and that I wi11 faithfully discharge the
duties ofthe 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.
(j) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges
shall be set by the city council by ordinance. çommencing Janu~~r.YL2QP6, the annuatsalarv shall be_QD(;':
J:JJ1.ndß!~1=Fifteen 'UmQ§i1niINineI:h.pl.çJxççl Eleven and 40nQQJ)Q..!Jm:~J$115,911.40), which is ninety-five
~rccl1t (95%) of District Court Judges' salary, anctshall be maintained thereafter at ninety-five percent
(95%) ofthe District Court Judges' salary as set by the State Salary Commission, "rhe Municipal Court
Judge shall receive the same benefits as the non-represented City employees...G~~
s-~e-fJet by a per::;onal ~~erviceH-agreetH:ffit'Nhieh maybe e:M>ettte4-~pointedjuòg(,,-;
(Ord. No. 99-339, § 1,3-16-99; Ord. No. 01-397, § 1, 7-17-01J>rd. No. 05-484--,-§ I. 4-14-05))
Section 2. . Severability. The provisions of this ordinance are declared separate and severable.
The invalidity 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 etTective date of
this ordinance is hereby ratified and affinned.
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 of the City of Federal Way this .::day of June, 2005.
c~ FED ERAL WAY
~U~
MA VCR, DEAN McCOLGAN
ORD # 05-494
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APPROVED AS TO FORM:
~ ~.-_A.
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
5/31/2005
6/21/2005
6/25/2005
6/30/2005
05-494
K:\ORDlN\2005\judicial salary
ORD # 05-494
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