Chapter 2.121
COUNTY INDEMNIFICATION OF LIMITED LEGAL EXPENSES FOR JUDICIAL DISCIPLINARY PROCEEDINGS REGARDING THE COMMISSION ON JUDICIAL CONDUCT Revised 3/18

Sections:

2.121.010    Definitions.

2.121.020    Duty to Indemnify.

2.121.040    Selection of Attorney and Payment of Expenses. Revised 3/18

2.121.010 Definitions.

As used in this Chapter, the following terms have the meaning indicated unless the context clearly requires otherwise:

A.    "Actual legal expenses" means all reasonable fees and expenses billed to the indemnitee by a licensed attorney other than the indemnitee for legal services rendered in the defense of a judicial disciplinary proceeding.

B.    "Judge" means any judge of the Pierce County Superior Court or the Pierce County District Court, and any commissioner or judge pro tempore of either such court.

C.    "Judicial disciplinary proceeding" means a proceeding before the Commission on Judicial Conduct or other entity established by constitutional provision, statute, ordinance, or court rule to investigate, review, or impose disciplinary sanctions for misconduct of the indemnitee in the indemnitee's capacity as a judge. Such proceedings which involve two or more entities shall be considered one judicial disciplinary proceeding.

D.    "Indemnitee" means the individual Judge protected by this Chapter.

(Ord. 98-58 § 1 (part), 1998; Ord. 87-137 § 1 (part), 1987)

2.121.020 Duty to Indemnify.

Subject to the provisions of this Chapter, if the alleged misconduct was related to a judge's good faith performance of or good faith attempt or ability to perform his or her duties, Pierce County shall indemnify each judge for the actual legal expenses incurred by that judge in connection with the defense of a judicial disciplinary proceeding. If there is a question as to whether or not the alleged misconduct was related to the good faith performance of or good faith attempt or ability to perform the judge's duties, the Prosecuting Attorney shall refer that question to the Attorney General or to the prosecuting attorney of another county for an opinion. (Ord. 98-58 § 1 (part), 1998; Ord. 87-137 § 1 (part), 1987)

2.121.040 Selection of Attorney and Payment of Expenses. Revised 3/18

The selection of an attorney to represent the indemnitee in a judicial disciplinary proceeding shall be made by the indemnitee subject to the approval of the Pierce County Prosecuting Attorney prior to the occurrence of any actual legal expense. The indemnitee shall forward to the Pierce County Prosecuting Attorney an itemized statement from the attorney selected by the indemnitee which sets forth the actual legal expenses incurred on the indemnitee's behalf. After such statement is approved by the Prosecuting Attorney, he/she shall forward same to the Finance Department for payment subject to the maximum limits established by this Chapter. (Ord. 2017-12s § 2 (part), 2017; Ord. 87-137 § 1 (part), 1987)