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HomeMy WebLinkAbout48161 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L ORDINANCE NO. 4816 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AMENDING AUBURN MUNICIPAL CODE SECTION 2.14.030 TO PROVIDE FOR A TWO-YEAR APPOINTMENT BEGINNING JANUARY 1, 1996 AND ENDING DECEMBER 31, 1997 AND DECLARING AN EMERGENCY. WHEREAS, Ordinance 4809 was approved by the Auburn city Council on Tuesday November 28, 1995; and WHEREAS, Ordinance 4809 will not become effective until five days from and after its passage, approval and publication as provided by law; and WHEREAS, the term sequencing for an Auburn Municipal Court Judge provided for in Ordinance 4809 must be in effect prior to the mayor's recommendation for the appointment of an Auburn Municipal Court Judge in order that authority for a two-year appointment be in place prior to a mayoral recommendation for appointment and council action regarding confirmation; and WHEREAS, Auburn City Code Section 2.14.030 provides for the appointment of a municipal court judge for a term of four (4) years effective January 1, 1992 which would end the appointment term on December 31, 1995; and WHEREAS, the City desires to proceed with its municipal court under RCW Chapter 3.50; and Ordinance NO. 4 F, IFJ November 20, 1995 Page 1 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2O 2! 22 23 24 25 26 WHEREAS, the State Legislature in its laws of 1993, Chapter 317, codified as RCW 3.50.055 specifically states that once a municipal court achieves a full-time equivalent judicial position, which is defined as 35 or more hours per week of compensated time, the judicial position shall be filled by election; and WHEREAS, the growth in the number of municipal court filings may result in the municipal court judge being a full- time position at some point within the next two years, in which case, the municipal court judge shall become an elective position; and WHEREAS, RCW 3.50.050 sets forth, among other things, the term of a municipal court judge when it becomes an elective position; and WHEREAS, Section 3.50.050, RCW provides that a municipal court judge shall be elected in the same manner as other elective city officials are elected 'to office and that the term of the municipal court judge shall be for a term of four- years commencing on January 1, 1986, and every four-years thereafter; and WHEREAS, Section 3.50.050, with a specific term sequence RCW, was therefore established for an elected municipal court judge which would necessitate that in the event it becomes an elective position the first four-year term would start on Ordinance No. 4~ November 20, 1995 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 January 1, 1998 and for four-year terms thereafter to conform with the statutory sequence which provides that the term of an elected municipal court judge shall be for a term of four- years commencing on January 1, 1986 and every four years thereafter which, in that case, requires the amendment of Auburn City Code Section 2.14.030 to bring it in harmony with the time sequence of the term set forth in RCW 3.50.050 when, and if, the municipal court judge becomes an elective position; and WHEREAS, Attorney General Opinions (AGO) of 1.992 and 1995 infer, by dicta, that term sequencing beginning in 1986 and every four years thereafter is mandatory; and WHEREAS, Section 3.50.040 provides that any city or town shall have the authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full-time and that in the event of the appointment of a district judge, the city or town shall pay a prorata share of the salary; and WHEREAS, the Aukeen District Court has indicated to the City that it is willing to provide a judge to the Auburn Municipal Court; and WHEREAS, discussions between the City and the Aukeen District Court has indicated a willingness by the Aukeen Ordinance No. 480/ November 20, 1995 Page 3 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 District Court to accept, as consideration, prorata share of the salary; and WHEREAS, the judges of the district court are elected in a district, of which the City is part, and, therefore, with the appointment of a district judge or judges, the city would begin its transition toward election of a municipal judge in compliance with RCW 3.50.050 and 3.50.055; and WHEREAS, Aukeen District Court has indicated a willingness to accept a two-year appointment; and WHEREAS, the section codified as RCW 3.50.055 was passed by the State Legislature after the City Council of the City of Auburn passed Auburn City Code Section 2.14.030; and WHEREAS, the City desires to be prepared to comply with the recent changes in State law contained in RCW 3.50.055 in order to transition to an elected judicial position when the full-time equivalent position of 35 or more hours per week of compensated time is met. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION ~. Auburn City Code Section 2.14.030 Judges- Appointment - Qualifications is amended to read as follows: Ordinance No. 48t~9' November 20, 1995 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2.14.030 Judges - Appoint - Qualifloations. The municipal court judge shall be appointed by the mayor, subject to confirmation by the city council. The judge shall be appointed for a term ((cf~ ............ z~ .)) beqinninq January 1, 1996 which shall be for two years endinq on December 31, 1997 and for a term of four years commencinq on January 1, 1998, and every four years thereafter. Appointments for each term shall be made on or before December 1st of the year next preceding year in which the term commences, m~A ~u_ ~..~_: . ~ ........... thcrcaftar.)) A person appointed as municipal court judge shall be a citizen of the United States of American and of the state of Washington, and an attorney admitted to practice law before the courts of record of the state of Washington. ~ECTIO~ ~. Emergency Clause and Effective Date. Pursuant to RCW 35A.13.190 a public emergency is hereby declared to exist for the reasons set forth above regarding the passage of the amendments herein and for the protection of Ordinance No. 48Jgf November 20, 1995 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 public health, public safety, public property or public peace which requires that this ordinance shall take effect upon passage by a majority plus one of the whole membership of the Auburn City Council. SECTION 3. If any provision of this ordinance is determined to be invalid or unenforceable for any reason the remaining provisions shall remain in force and effect. SECTION 4. The Mayor is hereby authorized to such administrative procedures as may be necessary out the directions of this legislation. implement to carry Ordinance No. 4809d~ November 20, 1995 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR ATTEST: Robin Wot~llfueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 4899I[' November 20, 1995 Page 7