Chapter 2.29
MUNICIPAL COURT
Sections:
2.29.040 Disposition of revenue.
2.29.060 Municipal court commissioner.
2.29.090 Municipal court seal.
2.29.150 Pleadings, practice and procedure.
2.29.010 Creation.
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 1, 2000.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-307. Formerly 2.15.010.)
2.29.020 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 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 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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-308. Formerly 2.15.020.)
2.29.030 Violations bureau.
(1) 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.
(2) Processing. The violations bureau is authorized to perform all of the functions authorized under RCW 3.50.030, as it exists or as it may hereafter be amended. The violations bureau shall operate in conformity with state statutes such as RCW 3.50.030 and Chapter 46.63 RCW 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 revenue.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-309. Formerly 2.15.030.)
2.29.040 Disposition of revenue.
Costs in civil and criminal actions may be imposed as provided in district court in RCW 3.62.060 and 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 received by the clerk, shall be deposited with the city finance director, in conformance with procedures adopted by the mayor 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.
(Ord. No. 11-684, § 3, 1-18-11; Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-310. Formerly 2.15.040.)
2.29.050 Municipal judge.
(1) Appointment. Within 30 days after the effective date of the ordinance codified in this chapter, the mayor 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.
(2) 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 1, 2001, the mayor 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. Effective January 1, 2006, the municipal court judge shall be a full-time elected position of 40 hours per week. The relevant election will be held during the general election in the fall of 2005. The term length and frequency of elections will proceed as required under RCW 3.50.050 as it now exists or may hereafter be amended.
(3) 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.
(4) Additional judges. Additional full- or part-time municipal judge positions will be filled in accordance with RCW 3.50.055 and 3.50.070 as they now exist or may hereafter be amended, when in the judgment of the mayor and/or the city council, as applicable, the public interest and the administration of justice makes such additional judge or judges necessary.
(5) 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 prejudice, 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 specified 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 tem shall meet the qualifications required for the position of judge of the municipal court as provided herein. Before entering upon judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same form as that of the duly appointed municipal judge, and thereafter shall have all of the powers of the appointed municipal judge. When deemed necessary, the municipal court judge 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.
(6) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a judge shall be filled by the mayor, 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.
(7) 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 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.
(8) Oath. Every 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 I will support the Constitution of the 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 of the King County auditor and with the Federal Way city clerk.
(9) 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.
(10) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall be set by the city council by ordinance. Commencing January 1, 2006, the annual salary shall be $115,911.40, which is 95 percent of district court judges’ salary, and shall be maintained thereafter at 95 percent of the district court judges’ salary as set by the State Salary Commission. The municipal court judge shall receive the same benefits as the nonrepresented city employees.
(Ord. No. 10-669, § 7, 9-21-10; Ord. No. 10-666, § 11, 8-3-10; Ord. No. 05-494, § 1, 6-21-05; Ord. No. 05-484, § 1, 4-5-05; Ord. No. 01-397, § 1, 7-17-01; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-311. Formerly 2.15.050.)
2.29.060 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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-312. Formerly 2.15.060.)
2.29.070 Court operation.
As part of any budgetary presentation, the presiding judge and/or designee will provide the mayor and/or designee a suggested budget for the court as part of the budgeting process. The mayor and/or designee will consider the court’s suggested budget as part of the mayor’s budget recommendation to the city council. The 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.
(Ord. No. 10-669, § 8, 9-21-10; Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-313. Formerly 2.15.070.)
2.29.080 Sessions.
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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-314. Formerly 2.15.080.)
2.29.090 Municipal court 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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-315. Formerly 2.15.090.)
2.29.100 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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-316. Formerly 2.15.100.)
2.29.110 Jury trial and fee.
Jury trials shall be allowed as specifically provided 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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-317. Formerly 2.15.110.)
2.29.120 Sentencing.
The municipal judge shall have the broadest authority and greatest discretion consistent with this Code and state law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing, and termination of probation, the municipal judge shall be guided by applicable state law, such as RCW 3.50.300 through 3.50.340, and 3.50.440.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-318. Formerly 2.15.120.)
2.29.130 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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-319. Formerly 2.15.130.)
2.29.140 Complaints.
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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-320. Formerly 2.15.140.)
2.29.150 Pleadings, practice and procedure.
Pleadings, practice and procedure in cases not governed 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.
(Ord. No. 10-666, § 11, 8-3-10; Ord. No. 99-339, § 1, 3-16-99. Code 2001 § 2-321. Formerly 2.15.150.)