Chapter 2.28
MUNICIPAL COURT1
Sections:
2.28.020 Jurisdiction – Powers.
2.28.030 Practice and procedure.
2.28.010 Established.
There is established an inferior court to be entitled “the municipal court of Buckley.” (Ord. 658 § 1, 1961).
2.28.020 Jurisdiction – Powers.
The municipal court of Buckley shall have jurisdiction and shall exercise all the powers declared to be vested in said court by Chapter 3.50 RCW, together with such other powers and jurisdiction generally conferred in the state, either by common law or by express statute, upon said court. (Ord. 658 § 2, 1961).
2.28.030 Practice and procedure.
The court practice and procedure established in Chapter 3.50 RCW are adopted as to the practice and procedure for the municipal court of Buckley. (Ord. 658 § 3, 1961).
2.28.100 Judge.
(1) Appointment. The mayor shall appoint a part-time municipal court judge.
(2) Term. The municipal court judge shall serve a term of four years. The initial appointment of a judge under this chapter shall expire December 31, 2000. On or before December 1, 2000, the mayor shall make an appointment of a judge for a four-year term commencing January 1, 2001, and expiring December 31, 2005. Appointments for each four-year term thereafter shall be made on or before December 1st of the year prior to the year in which the judicial term commences.
(3) Judicial Qualifications. A person appointed as a part-time municipal judge shall be a citizen of the United States of America and of the state of Washington, and either:
(a) An attorney admitted to practice law before the courts of record of the state of Washington; or
(b) A nonlawyer who has passed the qualifying examination for lay judges for courts of limited jurisdiction.
(4) Additional Judges. Additional part-time judges may be appointed as provided in this section, when the public interest and the administration of justice makes such additional judge or judges necessary.
(5) Judges Pro Tem. The mayor may, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of the municipal court, or subsequent to the filing of an affidavit of prejudice. A pro tem judge’s term of appointment shall also be specified in writing, but in any event shall not extend beyond the term of the appointing mayor. The judges pro tem shall be qualified to hold the position of judge of the municipal court as described in this section. The pro tem judges shall receive such compensation as shall be fixed by ordinance of the city.
(6) Vacancy. Any vacancy in the municipal court due to death, disability or resignation of a judge shall be filled by the mayor, for the remainder of the unexpired term. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this section.
(7) Removal. A municipal court judge shall only be removed upon 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.
(8) Oath. Every judge of the municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation:
I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the Municipal Court of the City of Buckley, according to the best of my ability.
The oath shall be filed in the office of the Pierce County auditor.
(9) Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful performance of the judge’s duties as may be required by law or city ordinance.
(10) Compensation. Pursuant to RCW 3.50.080, the compensation for municipal court judges shall be set by the city council by ordinance. The city shall enter into a contract with the appointed judge for professional services. (Ord. 01-00 § 1, 2000).
For the statutory provisions authorizing any city or town under 30,000 population to provide by ordinance for an inferior court to be known and designated as a municipal court, to be entitled the “Municipal Court of (city),” see RCW 3.50.010; for provisions regarding the powers and procedures of such courts and other provisions generally, see Chapter 3.50 RCW.