Ordinance 3579ORDINANCE NO. 3579
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
2.15.030; RENUMBERING PARAGRAPH B AS C; CHANGING
THE QUALIFICATIONS FOR EDMONDS MUNICIPAL
JUDGE; ADDING NEW PARAGRAPH B; CHANGING THE
POSITION OF EDMONDS MUNICIPAL JUDGE FROM AN
APPOINTED POSITION TO AN ELECTED POSITION;
SETTING TERM AND COMMENCING DATE; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council intends to retain the Municipal Court of the city of
Edmonds to provide greater flexibility, consistency and accountability in adjudicating
enforcement of the Edmonds Municipal Code and Community Development Code; and
WHEREAS, the position of municipal judge for the Municipal Court of the city of
Edmonds is currently an appointed position pursuant to authorizations of RCW 3.50.040; and
WHEREAS, the City Council, pursuant to authorizations and provisions of RCW
3.50.050, may by ordinance elect to make the position of municipal judge for the Municipal
Court of the city of Edmonds an elected position; and
WHEREAS, the City Council received recommendations from the current
appointed municipal judge for the Municipal Court of the city of Edmonds that both the court
and the public will benefit from more judicial independence with an elected municipal judge
rather than an appointed one; and
WHEREAS, the state contributes funds pursuant to RCW 2.56.030 towards
salaries of qualifying elected municipal court judges, and an elected municipal court judge for
Municipal Court of the city of Edmonds may, in the future, qualify for such contributions, NOW,
THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECC 2.15.030 Judges - Appointment - Qualifications. is hereby
amended to renumber current paragraph B as C, and to read as follows:
2.15.030 Judges - Appointment - Qualifications.
C. A person elected or appointed as municipal judge shall be a
citizen of the United States of America and of the state of
Washington and a resident of Snohomish County; and an attorney
admitted to practice law before the courts of record of the state of
Washington.
Section 2. ECC 2.15.030 Judges - Appointment - Qualifications. is hereby
amended to add a new paragraph B to read as follows:
2.15.030 Judges - Appointment - Qualifications.
B. The position of municipal judge shall be filled by election
for the term commencing on January 1, 2010, and every four years
thereafter. The municipal judge shall be elected in the same
manner as other elective city officials are elected to office. The
term of the municipal judge shall be for four years. The mayor
shall not appoint a municipal judge pursuant to paragraph A of this
section for a term beyond December 31, 2009. Nothing in this
section shall limit the mayor's authority to fill the position of
municipal judge pursuant to ECC 2.15.070 or 2.15.210.
Section 3. 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 4. 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
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five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPRO
MAYOR GA[kk HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO ORM:
OFFICE OF Y A�1
BY C
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 12/30/2005
PASSED BY THE CITY COUNCIL: 01/03/2006
PUBLISHED: 01/08/2006
EFFECTIVE DATE: 01/13/2006
ORDINANCE NO. 3579
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SUMMARY OF ORDINANCE NO. 3579
of the City of Edmonds, Washington
On the 3`d day of January, 2006, the City Council of the City of Edmonds, passed
Ordinance No. 3579. 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 ECC
2.15.030; RENUMBERING PARAGRAPH B AS C; CHANGING
THE QUALIFICATIONS FOR EDMONDS MUNICIPAL
JUDGE; ADDING NEW PARAGRAPH B; CHANGING THE
POSITION OF EDMONDS MUNICIPAL JUDGE FROM AN
APPOINTED POSITION TO AN ELECTED POSITION;
SETTING TERM AND COMMENCING DATE; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of January, 2006.
CITY CLERK, SANDRA S. CHASE
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RCW 3.50.040
Municipal judges -- Appointed -- Terms, qualifications -- District judge as part -time municipal
judge. .
Within thirty days after the effective date of the ordinance creating the municipal court, the mayor of
each city or town shall appoint a municipal judge or judges of the municipal court for a term of four
years. The terms of judges serving on July 1, 1984, and municipal judges who are appointed to terms
commencing before January 1, 1986, shall expire January 1, 1986. The terms of their successors shall
commence on January 1, 1986, and on January 1 of each fourth year thereafter, pursuant to appointment
or election as provided in this chapter. Appointments shall be made on or before December 1 of the year
next preceding the year in which the terms commence.
The legislative authority of a city or town that has the general power of confirmation over mayoral
appointments shall have the power to confirm the appointment of a municipal judge.
A person appointed as a full -time or part-time municipal judge shall be a citizen of the United States
of America and of the state of Washington; and an attorney admitted to practice law before the courts of
record of the state of Washington: PROVIDED, That in a municipality having a population less than
five thousand persons, a person who has taken and passed by January 1, 2003, the qualifying
examination for a lay candidate for judicial officer as provided by rule of the supreme court may be the
judge. Any city or town shall have authority to appoint a district judge as its municipal judge when the
municipal judge is not required to serve full time. In the event of the appointment of a district judge, the
city or town shall pay a pro rata share of the salary.
[2002 c 136 § 2; 1984 c 258 § 106; 1975-76 2nd ex.s. c 35 § 1; 1961 c 299 § 53.]
NOTES:
Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title - -1984 c 258: See
notes following RCW 3.30.010.
Application - -1984 c 258 §§ 101 -139: See note following RCW 3.50.005.
Adopted by Reference
Ordinance # A7 on 1 -3 -ca6
�Gity Clerk
RCW 3.50.050
Municipal judge may be elective position -- Qualifications, term.
The legislative authority of the city or town may, by ordinance, provide that the position of municipal
judge within the city or town shall be an elective position. The ordinance shall provide for the
qualifications of the municipal judge which shall be the same as the qualifications necessary for the
appointment thereof; and further, shall provide that the municipal judge shall be elected in the same
manner as other elective city officials are elected to office, and that the term of the municipal judge shall
be for a term of four years commencing on January 1, 1986, and every four years thereafter.
[1984 c 258 § 107; 1961 c 299 § 54.]
NOTES:
Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title - -1984 c 258: See
notes following RCW 3.30.010.
Application -- 1984 c 258 §§ 101 -139: See note following RCW 3.50.005.
RCW 2.56.030
Powers and duties.
The administrator for the courts shall, under the supervision and direction of the chief justice:
(1) Examine the administrative methods and systems employed in the offices of the judges, clerks,
stenographers, and employees of the courts and make recommendations, through the chief justice, for
the improvement of the same;
(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the assignment of judges where courts are
in need of assistance and carry out the direction of the chief justice as to the assignments of judges to
counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports of the business transacted by the
courts and transmit the same to the chief justice to the end that proper action may be taken in respect
thereto;
(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and
operation of the judicial system and make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to the expenditure of public moneys,
state and local, for the maintenance and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court
of this state on cases and other judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9) Submit annually, as of February 1 st, to the chief justice, a report of the activities of the
administrator's office for the preceding calendar year including activities related to courthouse security;
(10) Administer programs and standards for the training and education of judicial personnel;
(11) Examine the need for new superior court and district court judge positions under an objective
workload analysis. The results of the objective workload analysis shall be reviewed by the board for
judicial administration which shall make recommendations to the legislature. It is the intent of the
legislature that an objective workload analysis become the basis for creating additional district and
superior court positions, and recommendations should address that objective;
(12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme court of this state;
(14) Within available funds, develop a curriculum for a general understanding of child development,
placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special
needs of the abused or neglected child. This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in
statutes, court rules, or case law;
(15) Develop, in consultation with the entities set forth in RCW 2.5 6.15 0(3), a comprehensive
statewide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The
curriculum shall be made available July 1, 1997, and include specialty sections on child development,
child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and
interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal
requirements. The curriculum shall be made available to all superior court judges, court personnel, and
all persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as
specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs
of malicious harassment victims. This curriculum shall be made available to all superior court and court
of appeals judges and to all justices of the supreme court;
(1 -7) Develop, in consultation with the criminal justice training commission and the commissions
established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding
of ethnic and cultural diversity and its implications for working with youth of color and their families.
The curriculum shall be available to all superior court judges and court commissioners assigned to
juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided
annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile
courts statewide;
(18) Authorize the use of closed circuit television and other electronic equipment in judicial
proceedings. The administrator shall promulgate necessary standards and procedures and shall provide
technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with RCW 2.56.180;
(20) Administer state funds for improving the operation of the courts and provide support for court
coordinating councils, under the direction of the board for judicial administration;
(21)(a) Administer and distribute amounts appropriated from the equal justice subaccount under
RCW 43.08.250(2) for district court judges' and qualifying elected municipal court judges' salary
contributions. The administrator for the courts shall develop a distribution formula for these amounts
that does not differentiate between district and elected municipal court judges.
(b) A city qualifies for state contribution of elected municipal court judges' salaries under (a) of this
subsection if:
(i) The judge is serving in an elected position;
(ii) The city has established by ordinance that a full -time judge is compensated at a rate equivalent to
at least ninety -five percent, but not more than one hundred percent, of a district court judge salary or for
a part-time judge on a pro rata basis the same equivalent; and
(iii) The city has certified to the office of the administrator for the courts that the conditions in (b)(i)
and (ii) of this subsection have been met.
[2005 c 457 § 7; 2005 c 282 § 7; 2002 c 49 § 2; 1997 c 41 § 2; 1996 c 249 § 2; 1994 c 240 § 1; 1993 c 415 § 3; 1992 c 205 §
115; 1989 c 95 § 2. Prior: 1988 c 234 § 2; 1988 c 109 § 23; 1987 c 363 § 6; 1981 c 132 § 1; 1957 c 259 § 3.1
NOTES:
Reviser's note: This section was amended by 2005 c 282 § 7 and by 2005 c 457 § 7, each without
reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent -- 2005 c 457: See note following RCW 43.08.250.
Declaration -- 2002 c 49: See note following RCW 2.56.180.
Intent -- 1996 c 249: "It is the intent of this act to make improvements to the guardian and guardian
ad litem systems currently in place for the protection of minors and incapacitated persons." [1996 c 249
§ 1.]
Intent -- 1993 c 415: See note following RCW 2.56.031.
Part headings not law -- Severability - -1992 c 205: See notes following RCW 13.40.010.
Construction -- Severability - -1989 c 95: See notes following RCW 9A.36.080.
Legislative findings -- 1988 c 234: "The legislature recognizes the need for appropriate training of
juvenile court judges, attorneys, court personnel, and service providers in the dependency system and at-
risk youth systems." [1988 c 234 § 1.]
Effective date -- 1988 c 109: See note following RCW 2.10.030.
Ethnic and cultural diversity -- Development of curriculum for understanding -- Training: RCW
43.101.280.
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
SUMMARY OF ORDINANCE NO. 3579
Snohomish, and State of Washington; that said newspaper is a newspaper of general
o t e ity o mon s, as mgton I circulation in said County and State; that said newspaper has been approved as a legal
On the 3rd day of January, 2006, the City Council of the
City of Edmonds, passed Ordinance No. 3579. A summary of newspaper by order of the Superior Court of Snohomish County and that the notice
the content of said ordinance, consisting of the title, provides
as follows:
ORDINANCE OF THE CITY OF EDMONDS, WA-
SHINGTON AMENDING THE PROVISIONS OF ECC
2.15.030; RENUMBERING PARAGRAPH B AS C,
CHANGING THE QUALIFICATIONS FOR EDMONDS
Cj Of Edmonds
tY
![ MUNICIPAL JUDGE, ADDING NEW PARAGRAPH B;
THE POSITION OF EDMONDS MUNICI-
lCHANGING
PAL JUDGE FROM AN APPOINTED POSITION TO AN
ELECTED POSITION; SETTING TERM AND COMME%
CING DATE; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon
a printed copy of which is hereunto attached, was published in said newspaper proper and not
request.
DATED this 4th day of Januar y 2006.
CITY CLERK, SANDRA S. CHASE
in supplement form, in the regular and entire edition of said paper on the following days and
Published: January 8, 2006.
times, namely:
January 08, 2006
and that said newspaper was regularly distributed to its subscribers during all of said period.
Frmcipal Clerk
a
Subscribed and sworn to before me this 9th
RECEIVEDday
of nuary, 2006
Is
Notary ub c in and for the State of Washin o re idlr®at6f�e�,Sn Lnish
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El)Nt0M.CR �
County. U Y m
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Account Name: City of Edmonds
Account Number. 101416 \ ykaar fi . .001363344