Chapter 2.16
MUNICIPAL JUDGE
Sections:
2.16.041 Appointment, term – Municipal Court Judges Pro Tem.
2.16.042 Compensation – Municipal Court Judges Pro Tem.
2.16.044 Temporary Judge Pro Tem.
2.16.060 Compliance with rules for appeal required.
2.16.070 Municipal Court schedule.
2.16.080 Penalty for unlawful acts.
2.16.010 Term.
The term of the Municipal Judge of the City shall be for four years, as is provided by RCW 3.50.040. (Ord. 579 § 2, 1978)
2.16.020 Oath.
Before entering upon his duties, the Municipal Judge shall take an oath to support the Constitution of the United States and the Constitution and laws of the state, and to perform the duties of the office faithfully and impartially and to the best of his ability in the manner prescribed for justices of the peace in RCW 3.34.080. (Ord. 579 § 3, 1978)
2.16.030 Bond.
The Municipal Judge shall not be required to give a bond for the faithful performance of his duties unless and until hereafter required by ordinance pursuant to RCW 3.50.097. (Ord. 579 § 4, 1978)
2.16.040 Compensation.
The compensation for the Municipal Court Judge shall be within applicable statutory limits and according to the attached “Agreement for Professional Services – Ferndale Municipal Court Judge” (Exhibit “A” attached to the ordinance codified in this section) and any amendments thereto as approved by ordinance of the City Council. (Ord. 2203 § 1, 2022; Ord. 1167 § 3, 1997; Ord. 1028 § 1, 1993; Ord. 579 §§ 6, 7, 1978)
2.16.041 Appointment, term – Municipal Court Judges Pro Tem.
Pursuant to RCW 3.50.090, the City Administrator is authorized to appoint, in writing, Judges Pro Tem who shall act in the absence or disability of the regular Judge or subsequent to the filing of an affidavit of prejudice. Such Judges Pro Tem shall be qualified to hold the position of Judge of the Municipal Court, but need not be confirmed by the City Council. The term of appointment of Judges Pro Tem shall be specified in writing. (Ord. 1167 § 2, 1997)
2.16.042 Compensation – Municipal Court Judges Pro Tem.
The compensation for the Municipal Court Judges Pro Tem shall be according to the attached “Agreement for Professional Services – Ferndale Municipal Court Judge” (Exhibit “A” attached to the ordinance codified in this section) and any amendments thereto as approved by ordinance of the City Council. (Ord. 1167 § 3, 1997; Ord. 1028 § 2, 1993; Ord. 871 § 4, 1989)
2.16.044 Temporary Judge Pro Tem.
In the event that the Ferndale Municipal Court Judge Pro Tem is for some reason unable to serve when needed, the Municipal Court Judge or, in their absence or at the request of the Judge, the Municipal Court Manager may procure a judge or attorney in good professional standing to serve as a temporary Judge Pro Tem for a specific case or purpose pursuant to RCW 3.50.090. (Ord. 2203 § 2, 2022; Ord. 871 § 5, 1989)
2.16.050 Legal requirement.
No person who is not a lawyer admitted to practice law in the state of Washington shall perform any duties or enjoy any privileges prescribed by law for the Judge of the Municipal Court. (Ord. 694 § 2, 1983)
2.16.060 Compliance with rules for appeal required.
The Municipal Court Judge shall exert his best efforts to continue to conduct the proceedings of the Municipal Court in accordance with the electronic recording procedures specified by rules for appeal of decisions of courts of limited jurisdiction. (Ord. 694 § 4, 1983)
2.16.070 Municipal Court schedule.
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Courtroom Location |
Court Fine Payments |
|---|---|
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5694 2nd Ave., Ferndale, WA |
2220 Main St., Ferndale, WA |
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Date and Time |
Issues Addressed and Location |
|---|---|---|
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1. |
Sundays |
City will utilize the Whatcom County rotating judge call-in arrangement process for first appearance/probable cause hearings (no arraignments, pleas or sentencing) for inmates at Whatcom County Jail |
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2. |
Every Tuesday at 10:00 a.m. (except following a Monday holiday) |
In-custody hearings at Whatcom County Jail, 311 Grand Avenue, Bellingham |
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3. |
Tuesdays following Monday holiday |
As needed – Ferndale Municipal Judge shall utilize call-in arrangement for first appearance/probable cause hearings (no arraignments, pleas or sentencing) for inmates at Whatcom County Jail |
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4. |
Wednesdays |
As needed – Ferndale Municipal Judge shall utilize call-in arrangement for first appearance/probable cause hearings (no arraignments, pleas or sentencing) for inmates at Whatcom County Jail |
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5. |
2nd Thursdays at 9:00 a.m. |
Traffic infraction mitigation hearings at 5694 2nd Ave., Ferndale |
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6. |
Every Friday at 9:00 a.m. (except 5th Fridays) |
Probable cause hearings, criminal arraignments, warrant quash hearings, pretrial hearings, and probation hearings at 5694 2nd Ave., Ferndale |
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7. |
4th Friday at 8:45 a.m. |
Contested traffic infraction hearings at 5694 2nd Ave., Ferndale |
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8. |
5th Fridays |
As needed – Ferndale Municipal Judge shall utilize call-in arrangement for first appearance/probable cause hearings (no arraignments, pleas or sentencing) for inmates at Whatcom County Jail |
(Ord. 2008 § 2 (Exh. A), 2017)
2.16.080 Penalty for unlawful acts.
Any person who lacks the consent or the authority of the Municipal Court Judge and who assumes, or attempts to assume, any undelegated duties or privileges of the Judge of the Municipal Court without first being appointed to that position and without first being admitted to the practice of law in the state shall be subject to the misdemeanor penalties prescribed for other City ordinance violations in FMC 9.01.060. (Ord. 694 § 3, 1983)