Ordinance 31700006.130.064
WSS /gjz
11/26/97
ORDINANCE NO. 3170
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF SECTION
2.15.030(A) OF THE EDMONDS CITY CODE RELATING TO
THE APPOINTMENT OF A MUNICIPAL JUDGE TO
PROVIDE FLEXIBILITY IN THE CONFIRMATION PROCESS
WHILE COMPLYING WITH THE REQUIREMENTS OF
STATE STATUTE FOR A FOUR -YEAR APPOINTMENT OF
THE MUNICIPAL JUDGE, SECTION 2.15.060 JUDGES PRO -
TEM TO PROVIDE FOR A VACANCY IN THE POSITION OF
JUDGE, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, Stephen Conroy has served as the municipal judge for the City of
Edmonds since 1986, serving three four -year terms in a manner which reflects favorably both
on Judge Conroy's performance and judicial demeanor, and upon the City of Edmonds, and
WHEREAS, the City Council and Mayor are required by current provisions of
city ordinance to confirm the judge's appointment on or before December 1 of the year
preceding the commencement of the term, and
WHEREAS, the City Council has and by this ordinance indicates its desire to
review the process by which a municipal judge is selected or appointed, as well as to review
appointing Judge Conroy for an additional term, and
WHEREAS, through no fault of Judge Conroy nor of the City Council,
insufficient time remains before the confirmation date established by current city ordinance to
fully review both Judge Conroy's performance and potential alternatives to the current selection
and confirmation process, and
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WHEREAS, the City Council wishes to provide for continued operations of the
court while such process continues, and
WHEREAS, the City Council acknowledges its obligation to appoint a municipal
judge for a four -year term but wishes to fully provide for an appropriate process by which it can
be fully apprised before confirming an appointment for the next four -year appointment, under
a carefully tailored timeline, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 2.15 Municipal Court, ECC 2.15.030 Judges -- Appointment
-- Qualifications, paragraph (A) relating to the appointment of a municipal judge is hereby
amended to read as follows:
2.15.030 Judges -- Appointment -- Qualifications.
The municipal judge shall be appointed by the Mayor for
a term of four years, subject to the confirmation by the
City Council. The first judicial appointment to the position
of Mayor was effective on January 1, 1986 and the
municipal judge shall serve a four -year term commencing
upon the date of his or her appointment. The Mayor shall
endeavor to make his or her appointment thirty days prior
to the expiration of each judicial term, provided, however,
that if the City Council fails to confirm a mayoral
appointment, the Mayor and City Council shall have sixty
(60) days commencing upon either the expiration of the
pending judicial term or the failure of the City Council to
confirm the mayoral appointment, whichever shall later
occur. In the event that for any reason the mayoral
appointment is not confirmed, the incumbent municipal
judge shall hold over and continue in office until such time
as a successor is appointed.
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Section 2. ECC 2.15.060 Judges Pro -Tem is hereby amended to read as follows:
2.15.060 Judges Pro -Tem.
The Mayor shall, in writing, appoint judges pro -tern who
shall act in the absence or disability of the regular judge of
the municipal court, subsequent to the filing of an affidavit
of prejudice, or during any period which is otherwise
vacant. The judge pro -tern shall be qualified to hold the
position of judge in the municipal court as provided herein.
The judge pro -tem shall receive such compensation as shall
be fixed by ordinance. The term of the appointment shall
be specified in writing, but in any event, shall not extend
beyond the term of the appointing mayor.
Section 3. The City Council has declined to confirm the appointment of the
sitting municipal judge due to its desire that a process ensue which evaluates the performance
and capabilities of the incumbent judge, review of the current structure of appointment and
confirmation, and such other aspects of the operation of the court and the appointment of its
judge as may be appropriate pursuant to state law and the best interests of the citizens of the
City of Edmonds. The City Council encourages the mayor to utilize the public process in her
consideration of the current judge's performance and the selection process, if any, which she
may deem appropriate in the appointment of a judge to the court, and its presentation to the City
Council for confirmation. In order that its intent that the provisions of Chapter 3.50 RCW,
relating to the appointment of a municipal judge to a four -year term, be complied with in this
process, the City Council hereby encourages the mayor to present to it a candidate for
confirmation as expeditiously as possible and in any event, on or before March 1, 1998. The
City Council reserves to itself legislative review of the current structure of Chapter 2.15 to
determine whether other options are available regarding the selection and appointment of a
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municipal judge and other aspects relating to the structure of the court as are in accord with state
law.
Section 4. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR, BARBARA S. FAH
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE WY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 11/26/97
PASSED BY THE CITY COUNCIL: 12/02/97
PUBLISHED: 12/08/97
EFFECTIVE DATE: 12/13/97
ORDINANCE NO. 3170
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SUMMARY OF ORDINANCE NO. 3170
of the City of Edmonds, Washington
On the 2nd day of December , 1997 , the City Council of the City of Edmonds,
passed: Ordinance No. 3170 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF SECTION 2.15.030(A) OF THE EDMONDS CITY CODE RELATING TO
THE APPOINTMENT OF A MUNICIPAL JUDGE TO PROVIDE FLEXIBILITY IN THE
CONFIRMATION PROCESS WHILE COMPLYING WITH THE REQUIREMENTS OF
STATE STATUTE FOR A FOUR -YEAR APPOINTMENT OF THE MUNICIPAL JUDGE,
SECTION 2.15.060 JUDGES PRO -TEM TO PROVIDE FOR A VACANCY IN THE
POSITION OF JUDGE, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of December , 1997
CITY CLERK, SANDRA S. CHASE
Affidavit of Publication
STATE OF WASHINGTON,
ss
COUNTY OF SNOHO1viISH,
RECEIVED
DEC 15 1997
EDMONDS CITY CLERK
of the City of Edmonds,
On the 2ndhdaytOof Decem- The undersigned, being first duly sworn on oath deposes and says
bar, 1997, the 'City Council. of
the City of Edmonds, passed that she is Principal y newspaper
Ordinance No. 3170. A sum-
mar y of the content of said
°ileinance, consisting s f the printed and published in the City of -Everett, County of Snohomish, OF THE
CITY OF IEDMONDS, WASH- and State of Washington; that said newspaper is a newspaper of
INGTON, AMENDING THE
2..115.030(AtY OFF THECTEDN general circulation in said County and State; that said newspaper
MONDS CIiTY CODE RELAT-
ING '
OF ATMUN CIPALPJ°UDGEETO' has been approved as a legal newspaper by order of the Superior
. PROVIDE FLEXIBILITY IN
THE CONFIRMATION PROC- Court of Snohomish Count and that the notice ......... ...............................
ESS WHILE COMPLYING y
W- IT,H_r THE REQUIREMENTS
"i OF...STATE STA'TUTIS�-A'
FOUR -YEAR APPOINTMENT Summary of Ordinance No. 3170
OF THE MUNICIPAL JUDGE .
9Fr.TION .2.15.06° JUDGES.I ..................................................................................... ...............................
The full, text of this Ordi-
nance will be .malted upon.
re uest.
DATED this 5th day of
Decembbr�1997.
CI1`Y CLERK
SANDRA S. 6HASE
Published: December 8. 1997.
B -2 -1
a printed copy of which is hereunto attached, was published, in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
December 8, 1997
....................................................................................................... ...............................
.............................................................................................. ......... ............... . . . .. .... . . . . ..
and that said newspaper was regularly distributed to its subscribers
during all of said period.
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Principal Clerk
Subscribed and sworn to before me this .......... 8t _ h
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q Notary Public in and for the State f Washington,
!f residing at Everett, Snoho
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