Chapter 3.49


3.49.010    Creation.

3.49.020    Jurisdiction.

3.49.030    Repealed.

3.49.040    Municipal court judge.

3.49.080    Court operation.

3.49.100    Disposition of revenue.

3.49.110    Repealed.

3.49.120    Repealed.

3.49.130    Sessions.

3.49.140    Municipal court seal.

3.49.150    Case transfers.

3.49.160    Jury trial and fee.

3.49.180    Sentencing.

3.49.200    Criminal process.

3.49.210    Complaints.

3.49.220    Pleadings, practice and procedure.

3.49.300    Appointment of commissioners.

3.49.310    Commissioner qualifications.

3.49.320    Authority of court commissioner.

3.49.330    Repealed.

3.49.340    Repealed.

*    For statutory provisions authorizing cities to create and operate a municipal court, see Chapter 3.50 RCW.

3.49.010 Creation.

The municipal court of Kirkland is 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, 1995. (Ord. 3439 § 2 (part), 1994)

3.49.020 Jurisdiction.

The Kirkland municipal 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, 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, Northeast Division, shall continue to have jurisdiction over a matter filed with such court by the city of Kirkland and which matter is not transferred by order of the Kirkland municipal court. (Ord. 3439 § 2 (part), 1994)

3.49.030 Violations bureau.

Repealed by Ord. 4645. (Ord. 3439 § 2 (part), 1994)

3.49.040 Municipal court judge.

(a)    Election. A municipal court judge shall be elected to office for a term of four years commencing January 1, 2010. The judge shall be elected in the same manner as the members of the city council are elected to office.

(b)    Qualifications. A person elected as municipal court judge shall be a citizen of the United States, a resident of the state of Washington, and an attorney admitted to practice before the courts of record of the state of Washington.

(c)    Judges Pro Tem. The municipal court judge may designate one or more persons as judges pro tem to serve in the absence, disability or disqualification of the municipal court judge, subsequent to the filing of an affidavit of prejudice or in addition to the municipal court judge when the administration of justice and the accomplishment of the work of the court make it necessary. A judge pro tem shall be qualified to hold the position of judge of the municipal court as described in this section. A judge pro tem shall have all the powers of the municipal court judge when serving as a pro tem judge. Before entering on his or her duties, each judge pro tem shall take, subscribe, and file an oath as is taken by the municipal court judge. The judges pro tem shall receive such compensation from the city as shall be fixed by the ordinances of the city.

(d)    Vacancy. Any vacancy in the municipal court due to death, disability or resignation of a municipal court 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 provided in this section.

(e)    Removal. 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.

(f)    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 Kirkland, according to the best of my ability.

The oath shall be filed in the office of the King County recorder and with the Kirkland city clerk.

(g)    Compensation. Pursuant to RCW 3.50.080, the compensation for municipal court judges shall be set by the city council by ordinance.

(h)    Duties and Authority. The municipal court judge shall have the duties and authority outlined in the Administrative Rules for Courts of Limited Jurisdiction of Washington State (ARLJ). (Ord. 4645 § 2, 2018: Ord. 3769 § 1, 2000; Ord. 3750 § 1, 2000; Ord. 3439 § 2 (part), 1994)

3.49.080 Court operation.

As part of the preliminary biennial budget presentation, the finance and administration department will assist the municipal court judge in the creation of a budget for the court and the city manager will make a recommendation to the city council. The biennial budget for the municipal court shall be as 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 rules, collective bargaining agreements, and state laws, such as RCW 3.50.080. (Ord. 4566 § 2, 2017: Ord. 4491 § 10 (part), 2015; Ord. 3769 § 2, 2000: Ord. 3573 § 5, 1997: Ord. 3439 § 2 (part), 1994)

3.49.100 Disposition of revenue.

Costs in civil and criminal actions may be imposed as provided in district court. 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 treasurer, as provided by city procedures 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. 3439 § 2 (part), 1994)

3.49.110 Witness fees.

Repealed by Ord. 4645. (Ord. 3439 § 2 (part), 1994)

3.49.120 Fees for services.

Repealed by Ord. 4645. (Ord. 3439 § 2 (part), 1994)

3.49.130 Sessions.

The municipal court shall be open for regular session Monday through Friday of each week. The time for operation of court on those days shall be established by the judge. The municipal court judge shall have the authority to establish additional court dates, by order of the municipal court, to provide effective and efficient administration of justice. However, court shall not be open on nonjudicial days, as established by state law. This section shall not act as a limitation of actions of the municipal court judge regarding items such as telephonic approval of search warrants, issuance of no contact orders, or determinations as to probable cause. (Ord. 4645 § 5, 2018: Ord. 4565 § 1, 2017: Ord. 3439 § 2 (part), 1994)

3.49.140 Municipal court seal.

The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of The Municipal Court of Kirkland, State of Washington” surrounding the vignette. (Ord. 3439 § 2 (part), 1994)

3.49.150 Case transfers.

A transfer of a case from the municipal court to either another municipal judge of the city of Kirkland or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed as provided in RCW 3.50.125. (Ord. 3439 § 2 (part), 1994)

3.49.160 Jury trial and fee.

Jury trials shall be allowed as specifically provided for municipal courts or in accordance with state law applicable to a particular matter. In accordance with RCW 3.50.135, each juror shall receive an attendance fee plus mileage for each day in attendance at the Kirkland municipal court consistent with state law, such as RCW 3.50.135. (Ord. 4645 § 6, 2018: Ord. 3439 § 2 (part), 1994)

3.49.180 Sentencing.

The municipal court judge shall have the broadest authority and greatest discretion consistent with city ordinances 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 court judge shall be guided by applicable state law, such as RCW 3.50.300 through 3.50.445. (Ord. 4645 § 7, 2018: Ord. 3439 § 2 (part), 1994)

3.49.200 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. 3439 § 2 (part), 1994)

3.49.210 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 or statutes. (Ord. 3439 § 2 (part), 1994)

3.49.220 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 of Court Criminal Rules for Courts of Limited Jurisdiction, Infraction Rules for Courts of Limited Jurisdiction, and Local Rules of the District Court for King County. (Ord. 3439 § 2 (part), 1994)

3.49.300 Appointment of commissioners.

The municipal court judge may appoint one or more municipal court commissioners. Each commissioner shall hold office at the pleasure of the municipal court judge. (Ord. 4645 § 8, 2018: Ord. 3611 § 1 (part), 1997)

3.49.310 Commissioner qualifications.

A commissioner authorized to hear or dispose of a case must be an attorney who is admitted to practice in the courts of record in the state of Washington. A commissioner need not be a resident of Kirkland. (Ord. 4645 § 9, 2018: Ord. 3611 § 1 (part), 1997)

3.49.320 Authority of court commissioner.

Court commissioners shall perform such duties as set forth in applicable state law, for example RCW 3.50.075. (Ord. 4645 § 10, 2018: Ord. 3611 § 1 (part), 1997)

3.49.330 Magistrate.

Repealed by Ord. 4645. (Ord. 3611 § 1 (part), 1997)

3.49.340 Compensation of court commissioner.

Repealed by Ord. 4645. (Ord. 3731 § 1, 1999: Ord. 3611 § 1 (part), 1997)