Chapter 2.86
MUNICIPAL COURT*
Sections:
2.86.010 Established – Jurisdiction.
2.86.030 Term, appointment, removal, and presiding judge.
2.86.040 Judges pro tempore and judicial vacancies.
2.86.060 Municipal court facilities – Alternate locations – Hours of court.
* Prior ordinance history: Ord. 1725.
2.86.010 Established – Jurisdiction.
A court is now established in Blaine which shall be known as “the municipal court of Blaine” hereinafter designated and referred to as “the municipal court,” which court shall have jurisdiction and shall exercise all powers granted by RCW 3.50.010 et seq., as it now exists or may be hereafter amended, and vested in this court, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. The municipal court of Blaine is a “single judge court” as contemplated by state law, including Chapter 2.56 RCW, and is a municipal court presided over by a part-time appointed judgment with no court commissioners as contemplated by RCW 3.50.075. (Ord. 3009 § 1 (Exh. A), 2023; Ord. 2509 § 1, 2002; Ord. 1836 § 1, 1987)
2.86.020 Qualifications.
The municipal judge shall be licensed to practice law in the state of Washington and shall be a citizen of the United States and the state of Washington. The municipal judge appointed and confirmed shall take his/her appointment effective upon taking an oath of office before the city council as administered by the city manager, the mayor or city clerk pursuant to RCW 3.50.097. Upon taking and executing the oath, the oath shall be filed with the Whatcom County auditor. (Ord. 3009 § 1 (Exh. A), 2023; Ord. 2509 § 2, 2002; Ord. 2113 § 1, 1993)
2.86.030 Term, appointment, removal, and presiding judge.
A. The term of office shall be four years. The term of a municipal court judge shall commence on January 1st pursuant to appointment as provided below. Upon the expiration of the four-year term, a municipal judge’s appointment shall not be automatically extended, but said judge may be reappointed.
B. The municipal judge shall be appointed by the city manager subject to confirmation by the city council. The appointment shall be made on or before December 1st of each year next preceding the year in which the term(s) commences.
C. A municipal judge shall only be removed upon a conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office, or as otherwise provided by law . Any such vacancy shall be filled according to the terms of this chapter for the remainder of the unexpired term.
D. The municipal judge shall be the presiding judge. (Ord. 3009 § 1 (Exh. A), 2023; Ord. 2509 § 3, 2002)
2.86.040 Judges pro tempore and judicial vacancies.
A. The municipal judge shall, in writing and pursuant to court rule, predesignate a presiding judge pro tem to fulfill presiding judge duties in case of the illness, incapacity, resignation, death, or unavailability of the presiding judge.
B. The municipal judge may also designate in writing judges pro tem who shall act in the absence or disability of the appointed judge , or subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the accomplishment of the work of the court make it necessary. The term of designation for a judge pro tem shall be specified in writing, but in any event shall not extend beyond the term of the municipal court judge for whom he or she is substituting.
C. The presiding judge pro tem and all other judges pro tem shall be qualified to hold the position of judge of the municipal court as provided herein and as set forth in Chapter 3.50 RCW.
D. Any vacancy in the office of municipal judge due to death, disability, resignation or removal shall be filled by appointment by the city manager for the remainder of the unexpired term, with the appointment being subject to confirmation by the city council. The replacement judge shall be qualified to hold the position of municipal judge as provided in this chapter. Until the vacancy is filled for the unexpired term, the predesignated presiding judge pro tem may fulfill presiding judge duties.
E. The designation of, and other matters related to, the presiding judge pro tem and other judges pro tem shall be governed by Chapter 3.50 RCW, including RCW 3.50.090. To the extent that there is any text in this section that differs from Chapter 3.50 RCW, this section is intended to be consistent with that chapter. (Ord. 3009 § 1 (Exh. A), 2023; Ord. 2509 § 3, 2002)
2.86.050 Salaries.
The salary of the municipal court judge and compensation of judges pro tem shall be fixed by ordinance. (Ord. 3009 § 1 (Exh. A), 2023; Ord. 2509 § 3, 2002)
2.86.060 Municipal court facilities – Alternate locations – Hours of court.
The municipal court for the city of Blaine shall be held in the city council chambers, unless held in other locations as determined necessary by the municipal court judge and/or the city manager. Arraignments, other court hearings and trials may from time to time be held in other locations, such as the Whatcom County Jail, as determined by the municipal court judge to be necessary. The hours of the court shall be determined by the municipal court judge after consultation with and upon approval of the city manager. (Ord. 3009 § 1 (Exh. A), 2023; Ord. 2509 § 3, 2002)
2.86.070 Indemnification.
The city shall defend, indemnify and hold the municipal court judge, and all city of Blaine judges pro tem harmless from any and all claims arising out of the good faith performance of his/her duties and functions as a Blaine municipal court judge. (Ord. 3009 § 1 (Exh. A), 2023; Ord. 2509 § 3, 2002)
2.86.080 Administration.
Repealed by Ord. 3009. (Ord. 2509 § 3, 2002)