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Home My WebLink AboutORD 5934 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5934 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 3-10 OF THE RENTON MUNICIPAL CODE CLARIFYING THE AUTHORITY OF THE RENTON MUNICIPAL COURT, CREATING A NEW FULL-TIME JUDICIAL POSITION, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Renton Municipal Court was created pursuant to the authority granted by Chapter 3.50 of the Revised Code of Washington and is subject to and has all powers authorized thereby; and WHEREAS, RCW 3.50.055 requires that any full-time judicial position as well as additional judicial positions that are in combination more than one-half of a full-time equivalent position be filled by election; and WHEREAS, the City's current and projected caseloads necessitate creation of an additional elected judicial position and RCW 3.50.070 authorizes the City Council to create such additional elected position by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Chapter 3-10 of the Renton Municipal Code is amended as shown in Exhibit A, which is attached and incorporated as if fully set forth herein. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, 1 ORDINANCE NO. 5934 such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five(5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this 28th day of October , 2019. Jason . Seth, I y Clerk APPROVED BY THE MAYOR this 28th day of October , 19. 4L0 v41"/- Denis Law, Mayor ,,,,,pN111111%%%%%%%% Approved as to form: •%`%%% OF nog., Shane Moloney, City A. .rney Date of Publication: 11/1/2019 (summary) ,�lFu ORD:2089:10/1/19 2 ORDINANCE NO. 5934 Exhibit A CHAPTER 10 MUNICIPAL COURT SECTION: 3-10-1: Establishment Of Municipal Court 3-10-2: Term, Qualifications, Appointment, Duties, Authority, and Compensation Of Elected Judicial Positions Election, Term And Qualifications Of Iudgc 3-10-3: Judges Pro Tem And Commissioners 3-10-4: Court Sessions 3-10-1 ESTABLISHMENT OF MUNICIPAL COURT: There is hereby created and established the Municipal Court of the City of Renton ("Municipal Court"), which shall have jurisdiction and exercise all powers vested in the court by Chapter 3.50 RCW as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or express statute. 3-10-2 ELECTION, TERM, AND--QUALIFICATIONS, APPOINTMENT, DUTIES, AUTHORITY, AND COMPENSATION OF ELECTED JUDGE-JUDICIAL POSITIONS: A. Judicial Positions—Term and Qualifications:There shall be two(2)full-time judicial positions with regular terms filled by election of City of Renton voters. Elections shall be made in same manner as other elected City positions with terms of four (4) years commencing on January 1, 1986, and every four (4) years thereafter. Judges filling such positions shall be a resident and lawfully registered 3 ORDINANCE NO. 5934 voter in King County,Washington,and an attorney admitted to practice law before the courts of record of the state of Washington. B. Appointment:Within thirty(30)days of the creation or vacancy of a judicial position that is subject to election pursuant to RCW 3.50.055, the Mayor shall appoint a judge to fill such position with an interim term commencing upon appointment and terminating upon certification of the next regularly scheduled judicial election. Upon certification of such election results, the position shall be filled by the candidate elected to fill the position in the next full four(4)-year term. The Mayor's appointment is subject to confirmation by the City Council. C. Duties and Authority: Full-time judges shall devote all of their professional time to the elected or appointed office and shall not engage in the practice of law. Before entering upon the duties of office, each judge shall take and subscribe to the oath or affirmations required by RCW 3.50.097. The judges shall have the authority and duty to perform the responsibilities conferred upon the positions in accordance with the jurisdiction granted to the Municipal Court and all applicable statutes, ordinances, court rules, and other standards regulating such judicial positions. The Presiding Judge may by court rule or other lawful procedure establish fines and penalties for civil infractions or other offenses so long as such fines and penalties are within the range allowed for such fines and penalties by ordinance, rule, or other law. D. Presiding Judge: The full-time judges shall select a Presiding Judge, which may rotate or otherwise be changed pursuant to agreement of the judges. Absent 4 ORDINANCE NO. 5934 agreement,the judge with the longest term of service as a judge and/or judge pro tern for the Municipal Court shall act as the Presiding Judge. If each judge has the same length of service for the Municipal Court, the default Presiding Judge shall be the judge holding the first numbered judicial position. E. Compensation: Full-time Judges shall receive a salary equal to ninety-five percent(95%)of the salary for a district court judge as set by the Washington State Citizens' Commission on Salaries for Elected Officials. The salary shall automatically be adjusted on the effective date of the commission's salary schedule. Th Iuage of the Municipal Court.hall ho elected t„ office fora term of four ycarc commencing on lanuar„1 104G and ever„four„parr thereafter Additional part time iurlgec ma,.be appointed by the Judge of the Municipal Court 3-10-3 JUDGES PRO TEM AND COMMISSIONERS: A. The Presiding Judge shall may appoint Judges Pro Tern or commissioners who shall act in the absence, disability or temporary disqualification of the regular Municipal Court Judge, or the need for f iofe-additional judicial resources than one judge. The Judges Pro Tem or Commissions shall be qualified to hold the position of Judge of the Municipal Court. B. Such Pro Tern Judges and Commissioners shall receive hourly compensation for handling the calendar on any regular or special court day and for any other judicial services assigned by the Presiding Judge. Such compensation chall may be set by the Presiding judge based upon market rates for Pro Tern 5 ORDINANCE NO. 5934 Judges so long as funds available for such compensation mare available for expenditure as determined in the City budget. C. The appointment authority provided in this Section does not apply to regular full- or part-time positions which are subject to election pursuant to RCW 35.50.055. 3-11-4 COURT SESSIONS: The Municipal Court shall be open for regular session Monday through Friday of each week, except City and judicial holidays. The time for operation of court and administrative services on those days shall be established by the Presiding Judge. The PresidingJudge shall have the authority to establish additional court dates, by order of the Municipal Court, to provide effective and efficient administration of justice. This Section shall not act as a limitation of actions of the Municipal Court Judges regarding items such as telephonic approval of search warrants, issuance of no contact orders, or determinations as to probable cause. 6