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Ord 01-397 ORDINANCE NO. 01-397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE RELATING TO APPOINTMENT OF JUDGES PRO TEMPORE (AMENDING ORDINANCE NO. 99-339). WHEREAS, Chapter Two, Article X, Section 2-311 of the Federal Way city Code provides, in accordance with state law, for appointment by the City Manager of Judges Pro Tempore (Judges Pro Tem); and WHEREAS, the State Legislature, during the 2000 Legislative Session, amended RCW 3.50.090 to require that Judges Pro Tem be appointed by the presiding Municipal Court Judge instead of the City Manager; and WHEREAS, the aforesaid legislative action further requires Judges Pro Tern to subscribe and file an oath in the form taken by the duly appointed Municipal Court Judge; and WHEREAS, the City Council finds it appropriate to confirm and ratify appointment by the Municipal Court Judge of Judges Pro Tem from June 8, 2000 until the effective date of this Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-311 ofthe City of Federal Way Administration Code Chapter is amended as follows: 2-311 Municipal judge. (a) Appointment. Within 30 days after the effective date of the 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 ORD # 01-397 ,PAGEl t~[PY ORD# 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 years, with the initial appointment of the judge under this chapter 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 31,2005; 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. Appointments, if appropriate, for each term thereafter shall be made on or before December I st of the year next preceding the year in which the judicial term commences. 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 3.50.050. Cd) Additional Judges. Additional full- or part-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 tem. The eitymaHagermunicipal court judge shall, in writing, appoint judges pro tem who shall æt-serve in absence, disability, or disqualification ofthe regular judge ofthe municipal court. subsequent to the minlZ of an affidavit of oreiudice. or when the administration ofiustice and the accomolishment of the work of the court make it necessary. A pro tem judge's term of appointment shall also be specified in writing"ffiH in any OVOflt shall flot C)[tefld Boyond the eity maflager's tormiflation of emploj1Rent. The judges pro tem shall receive such compensation as sflaH- is received. on an hourly basis. by the municipal iudlZe. or as otherwise fixed bv resolution or be-fuæà-by the ordinances of the city. The iudlZes pro tem shall meet the qualifications required for the oosition of judge ofthe municipal court as orovided herein. Before enterinlZ uoon judicial duties. each iudlZe pro tern shall take. subscribe. and file an oath in the same form as that of the duly appointed municioal judge. and thereafter shall have all of the powers of the aopointed municipal judge. When deemed necessary, by-the municipal court iudlZe-€Ìty manager or designee, the city maHager or designee 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 for up to one week. SueR temporary !!fJpoifltment shall Be the same as other ßfJpointments ofjlfdges pro tem, e~[eept that the !!fJpointmeRt afld the torm thereof do not need to Be iR writing aRd the oath of office may be orally swom to or affinned Berore the eourt admiRistrator or eolfrt dorlc. 01-397 , PAGE 2 (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 coUllcil. 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 office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office; provided, that a mUllicipal 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 mUllicipal court, before entering upon the duties ofthe office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution ofthe State of Washington, and that I will faithfully discharge the duties of the office of judge ofthe MUIlicipal Court ofthe 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 mUllicipal 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. G) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall be set by the city coUllcil 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) Section 2. As a non-codified Section of this Ordinance, it is hereby declared as follows: All prior appointments of Judges Pro Tempore by the City Manager, and all prior appointments of Judges Pro Tempore from JUIle 8, 2000 to the effective date of this Ordinance, and all judicial actions of such Judges Pro Tempore are hereby ratified and confirmed. Section 3. Severabilitv. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity ofthe remainder of the ordinance, or the validity of its application to other persons or ORD #01-397 , PAGE 3 circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. Section 6. 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 17dayofJuhy, 2001. CITY OF FEDERAL WAY ~~~ MAYOR,MIC PMÚ( ATTEST: ~ ~ Cl£~i/.~~ CITY LERK, N. CHRIST GREEN, CMC APPROVED AS TO FORM: ~c-~ CITY ATTORNEY, BOB C. STERBANK ORD# 01-397 , PAGE 4 FILED WITH THE CITY CLERK: 06/14/01 PASSED BY THE CITY COUNCIL: 07/17/01 PUBLISHED: 07/21/01 EFFECTIVE DATE: 07/26/01 ORDINANCE NO. 01-397 k,.rdin"hapter2-311 protemJudge 05129/01 ORD # 01-397 ,PAGES