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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
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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
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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
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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
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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
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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
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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
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