HomeMy WebLinkAbout1998-072 Appointment of Municipal Court Judge ORDINANCE NO. 98- 72
AN ORDINANCE relating to City government administration; providing for the
future appointment of an additional municipal court judge
and amending section 1.60.040, of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. 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 a 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
ordinance shall expire December 31, 1997_ Thereafter, the each
elected municipal court judge shall serve a term of four (4) years.
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C. Election. In accordance with the provisions of
CW 3.50.055, the all full time municipal judges shall be elected to
office cffcctivc January 1, 1998. Such election shall occur at the
regularly scheduled judicial election immediately following creation
of the judicial position. Such judge shall be elected in accordance
with state statutes as now enacted or hereinafter 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 in 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 shall, in writing,
appoint judges pro tem who shall act in the absence, disability, or
disqualification of the regular judge of the municipal court. A pro
tem judge's term of appointment shall also be specified in writing,
but in any event shall not extend beyond the City Manager's
termination of employment. The judges pro tem shall be qualified
to hold the position of judge of the municipal court as described in
this section. The pro tem judges shall receive such compensation
as shall be fixed by the ordinances of the City. When deemed
necessary by the City Manager or designee, the City Manager 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. Such
temporary appointment shall be the same as other appointments of
judges pro tem, except that the appointment and term thereof do
not need to be in writing and the oath of office may be orally sworn
to or affirmed before the court administrator or court clerk.
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 Council.
The appointed judge shall be qualified to hold the position of judge
of the municipal court as provided in 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
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 judge of the
municipal 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.
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 ordinance. The City shall enter into a contract with the
appointed judge for professional services.
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Section 2. This ordinance 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 /J day of
December, 1998.
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ATTEST:
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John Puccinelli, Mayor
City Clerk
Publication Date: 1 -1
Effective Date: 0 /
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ° 3
For Meeting Of / a - / s --`w
ITEM TITLE: AN ORDINANCE relating to City government administration;
providing for the future appointment of an additional municipal court
judge and amending section 1.60.040, of the City of Yakima
Municipal :Code. .,
SUBMITTED BY: Jeff B. West, City Prosecutor
CONTACT PERSON/TELEPHONE: Jeff B. West 575 -6033
SUMMARY EXPLANATION: The enclosed ordinance is a housekeeping measure. It
is anticipated that, due to increasing caseloads, it will at some time in the future prove
necessary to create a second full time judicial position for the municipal court. The
proposed ordinance does not create any additional positions. It does clarify the
procedure to be followed to create an additional position and requires that such
decision be made by a resolution of the City Council. This amendment will have no
budget impacts.
Resolution Ordinance X Contract Other(Specify)
Funding Source:
APPROVED FOR SUBMITTAL: - �\
City Manager
STAFF RECOMMENDATION: Pass Ordinance.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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