HomeMy WebLinkAbout2003-023 Amend 1.60.040 appointment of Judges Pro Tem, 1.60.050 Municipal Court budget ORDINANCE NO. 2003- 23
AN ORDINANCE relating to City government admmistration, requiring the presiding
judge of the municipal court to prepare a preliminary budget,
providing for the appointment of judges pro tem by the presiding
municipal court judge, and amendmg sections 1 60.200 and
1 60 040 of the City of Yakima Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 1 60.200 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"1.60.200 Court Operation.
As part of the annual preliminary budget presentation, the Cry
. . ! . - .. - . :. presiding judge of the
municipal court will create a budget for the court and the City Manager
will make a recommendation to the City Council. The annual budget for
the municipal court shall be as approved by the City Council. All
employees of the municipal court shall, for all purposes be employees of
the City and shall be appointed by and serve at the pleasure of the court."
Section 2. Section 1 60 040 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"1.60.040 Municipal Judge.
A. Appointment. Within thirty days after the effective date of
this ordinance or any resolutions of the City Council which provide for
additional judges, the City Manager shall appoint the municipal judge
subject to confirmation by the City Council. Such appointment shall be
effective until the next regularly scheduled judicial election.
B Term. The initial appointment of a judge under this
ordmance shall expire December 31, 1997 Thereafter, each elected
municipal court judge shall serve a term of four (4) years.
C Election. In accordance with the provisions of
RCW 3 50 055, all full time municipal judges shall be elected to office.
Such election shall occur at the regularly scheduled judicial election
immediately followmg creation of the judicial position. Such judge shall
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be elected m accordance with state statutes as now enacted or heremafter
amended.
D Additional Judges. Additional full- or part-time municipal
judge positions may be filled as provided in paragraphs A and C of this
section, when the public interest and the administration of justice makes
such additional judge or judges necessary, and so long as that procedure is
m compliance with state statutes, such as RCW 3 50 055 Additional full
or part— time judge positions shall be created by a resolution of the City
Council.
E. Judges Pro Tem. The City Manager presiding municipal
court judge - . , .• .- ., . : ::.- may designate one or more persons
as judges pro tem who shall act to serve in the absence, disability, or
... . . . . . or disability of
the elected or duly appointed judges of the court, subsequent to the filing
of an affidavit of prejudice, or in addition to the elected or duly appointed
Judges when the administration of justice and the accomplishment of the
work of the court make it necessary A : . •• • • : ' -•• .
extend beyond thc City Manager's termination of employment. The
judges pro tem shall be qualified to hold the position of judge of the
. r. ..
When deemed necessary by thc City Manager or designee, the City
Manager or designee may make a temporary appointment of a judge pro
- . The qualifications of a judge pro tempore
shall be the same as for judges as provided under RCW 3.50.040 except
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that a judge pro tempore need not be a resident of the City or County of
Yakima. Judges pro tempore shall have all of the powers of the duly
appointed or elected judges when serving as judges pro tempore of the
court. Before entering on his or her duties, each judge pro tempore shall
take, subscribe, and file an oath as is taken by a duly appointed or elected
fudge. Judges pro tempore shall receive, and the City shall pay,
compensation in the amount of $40.00 per hour with a minimum
compensation of four (4) hours pay for each day worked.
F Vacancy Any vacancy m 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 Council. The appointed judge
shall be qualified to hold the position of judge of the municipal court as
provided m this section.
G 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 of Judicial Conduct and
the Washington State Supreme Court, as described in RCW Chapter 2.64
H. Oath. Every judge of the municipal court, before entermg
upon the duties of the office, shall take and subscribe the followmg 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 judge of the
mumcipal court of the City of Yakima,
according to the best of my ability '
The oath shall be filed in the office of the Yakima County recorder and
with the City Clerk.
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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 municipal court judges shall be set by the City Council
by ordmance."
Section 2. This ordmance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 6 day May,
2003
ATTEST , y Place, Mayor
City Clerk
Publication Date 5 -9 -2003
Effective Date 6 -8 -2003
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No * O25'
For Meeting of May 6, 2003
ITEM TITLE An ordinance relating to City government administration, amending
YMC1 60 040 (E) concerning the appointment of Judges Pro Tem,
and YMC 1 60 050 Court Operations, concerning preparation of the
preliminary budget for the Municipal Court under the direction of the
Presiding Judge
SUBMITTED BY Jeff B West, Senior Assistant City Attorney
Susan J Woodard, Presiding Judge, Yakima Municipal Court
CONTACT PERSON/TELEPHONE Jeff B West, 575 -6033
SUMMARY EXPLANATION State law and Washington State Court Rules governing
Courts of Limited Jurisdiction has been amended since the creation of the Municipal
Court on 10/21/96 These amendments to state law and recent enactment of court
rules require parallel amendments to the city ordinances governing the Municipal
Court in two areas, 1) appointment of judges pro tempore, and 2) responsibility for
preparing and administering the budget for the court within the judicial branch of
government (continued on page 2)
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. City Manager
STAFF RECOMMENDATION Staff Recommends adoption of proposed amendments to
YMC 1 60 040
Council Policy Issue as to YMC1 60 050
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2003 -23
(1k)agenda YMC 1.60.jw
Page - 2
Continuation of Summary Explanation for ordinance amending YMC 1 60
Without the proposed amendments, Yakima Municipal Court code section 1 60 040
would be directly contrary to both RCW 3 50 090 which governs how Municipal Courts
designate pro tem judges and to General Rule 29 of the Washington State Court
Rules which is the comprehensive rule that establishes duties and responsibilities for
Presiding Judges The current ordinance vests authority in the city manager to
appoint judges pro tempore The amendment requires the Presiding Judge to make
such appointments, and is consistent with state law and supreme court rule
The City's process for developing the Municipal Court budget should be clarified by
ordinance to ensure that this process complies for the Washington State Supreme
Court Rule General Rule 29 GR 29 requires in pertinent part that "the presiding judge
supervise the court's accounts and auditing the procurement and disbursement of
appropriations and preparation of the judicial district's annual budget request"
The proposed amendment in to YMC 1 60 050 is a "housekeeping measure,"
recognizing that the branches of government work cooperatively to allow the court to
create a budget with the financial resources provided by the City Council Approval of
the final budget remains with the City Council
(1k)agenda YMC 1.60.)w