GR 9 COVER SHEET

Suggested Amendments to

WASHINGTON STATE COURT RULES:

GR 29: PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND LIMITED JURISDICTION COURT DISTRICT

Submitted by the District & Municipal Courts Judges Association

_____________________________________________________________________

A.        Name of Proponent:          District & Municipal Courts Judges’ Association

B.        Spokesperson:                   Judge Samuel Meyer, President

DMCJA

C.        Purpose:      

The District and Municipal Court Judges’ Association (DMCJA) asserts that an amendment to General Rule (GR) 29 is necessary to preserve judicial independence for municipal court judges regarding (a) term of office and salary, (b) judicial duties, (c) judicial independence and administration of the court, and (d) termination and discipline. The amendment would mandate essential content for part-time municipal court judicial services contracts. Currently, GR 29(k) prohibits judicial service contracts with provisions that conflict with the rule and requires that any judicial service contract acknowledge that the court is a part of an independent branch of government, and that the judicial officer and court employees are required to act in accord with the Code of Judicial Conduct and court rules.

Part-time municipal court judges, who are appointed by either the mayor with confirmation by city council, or the city manager, are often provided with employment contracts that infringe on judicial independence by misstating the authority of the judge.  GR 29 provides guidance regarding the authority of presiding judges in district and municipal courts. However, the DMCJA affirms that the proposed amendments are necessary to ensure an encroachment on judicial independence does not occur at the local level.

D.        Proposed Amendments:

[GR 29 Subsections (a)–(j) remain unchanged.]

(k) Employment Contracts. A part-time judicial officer may contract with a municipal or county authority for salary and benefits. The employment contract shall not contain provisions which conflict with this rule, the Code of Judicial Conduct or statutory judicial authority, or which would create an impropriety or the appearance of impropriety concerning the judge's activities.

The employment contract should acknowledge the court is a part of an independent branch of government and that the judicial officer or court employees are bound to act in accordance with the provisions of the Code of Judicial Conduct and Washington State Court rules. A part-time judicial officer’s employment contract shall comply with GR 29(k) and contain the following provisions, which shall not be contradicted or abrogated by other provisions within the contract.

[NEW SECTION]

(l)         Required Provisions of a Part-Time Judicial Officer Employment Contract.

(1) Term of Office and Salary

The judge’s term of office shall be four years as provided in RCW 3.50.050. The judge’s salary shall be fixed by ordinance in accordance with RCW 3.50.080 and the salary shall not be diminished during the term of office.

(2) Judicial Duties

The judge shall perform all duties legally prescribed for a judicial officer according to state law, the requirements of the Code of Judicial Conduct, and Washington State court rules.

(3) Judicial Independence and Administration of the Court

The court is an independent branch of government. The judge shall supervise the daily operations of the court and all personnel assigned to perform court functions in accordance with the provisions of GR 29(e) and (f), and RCW 3.50.080. Under no circumstances should judicial retention decisions be made on the basis of a judge’s or a court’s performance relative to generating revenue from the imposition of legal financial obligations.

(4) Termination and Discipline 

The judge may only be admonished, reprimanded, censured, suspended, removed, or retired during the judge’s term of office only upon action of the Washington State Supreme Court, as provided in article IV, section 31 of the Washington State  Constitution.