HomeMy WebLinkAboutOrd 2786 - Municipal Court Judge Position Convert to Elective Position(4ItLA 0�
1908
City of Tukwila
Washington
Ordinance No. 2786
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE (TMC) CHAPTER 2.68, "MUNICIPAL COURT," IN
ALIGNMENT WITH CHAPTER 3.50 RCW; CONVERTING THE
MUNICIPAL COURT JUDGE POSITION TO AN ELECTIVE
POSITION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Tukwila Municipal Court caseload has increased, substantiating the
need for a full-time Municipal Court Judge; and
WHEREAS, the current Municipal Court Judge was reappointed for a four-year term
as a part-time judge (.90 FTE) commencing January 1, 2026 and ending December 31,
2029; and
WHEREAS, pursuant to RCW 3.50.055, each full-time equivalent judicial position
must be filled by election; and
WHEREAS, state law allows currently appointed Municipal Court Judge to serve out
her term, provided that an election is held in 2029 to fill the subsequent judicial term
beginning January 1, 2030; and
WHEREAS, should a vacancy in the Municipal Court Judge position occur prior to
the 2029 General Election, a Special Election shall be called to fill the remainder of the
current appointee's term; and
WHEREAS, pursuant to RCW 3.50.080 and TMC Section 2.68.026, the salary of the
Municipal Court Judge shall be fixed by ordinance; and
WHEREAS, certain sections of TMC Chapter 2,68, "Municipal Court." must be
updated to removed outdated language and align with Chapter 3.50 RCW, "Municipal
Courts — Alternate Provision";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
2026 Legislation. TMC 2.66; Conversron to Elected Judge Page 1 of 4
Version: 4/30/26
Staff: C. Thompson
Section 1. TMC Section 2.68.020 Amended. Ordinance No. 1324 §4, as codified at
TMC Section 2.68.020, "Judges — Appointment — Qualifications," is hereby amended to
read as follows:
2.68.020. Judges —Filling - Qualifications.
A. Each full-time equivalent judicial position shall be filled by election. This
requirement applies regardless of how many judges are employed to fill the position. A
full-time equivalent position is thirty-five or more hours per week of compensated time.
B. The Municipal Judge shall be elected in the same manner as other elective city
officials. The term of the Municipal Judge shall be for a term of four years commencing
on January 1, 2030, and every four years thereafter.
C. A person elected as a municipal judge shall be a citizen of the United States of
America and the State of Washington; a resident of King County; and an attorney admitted
to practice law before the courts of record of the State.
Section 2. TMC Section 2.68.026 Amended. Ordinance Nos. 2659 §2 and 2261 §2,
as codified at TMC Section 2.68.026, "Municipal Judge Salary," are hereby amended to
read as follows:
2.68.026. Municipal Judge Salary.
The salary of the Municipal Court Judge shall be set at the rate of 100% of the District
Court Judges Salary as set by the Salary Schedule adopted by the Washington Citizens'
Commission on Salaries for Elected Officials on an annual basis.
Section 3. TMC Section 2.68.027 Amended. Ordinance No. 2013 §1, as codified
at 2.68.027, "Removal of Judge," is hereby amended to read as follows:
2.68.027. Removal of Judge.
A. A municipal judge shall be removed only 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, or by operation of law. For the purposes
hereof, conviction of misconduct or malfeasance in office shall include:
1. Conviction of any criminal offense by the Municipal Judge during the term of
office of the Municipal Judge;
2. A determination by the Washington State Judicial Conduct Commission that
a code or standard of judicial conduct has been violated; or
3. A finding by the City Council, after notice and a hearing and reasonable
opportunity to be heard, that conduct has occurred, not limited to criminal convictions,
which interferes with or prevents the Municipal Judge from being able to adequately
administer or handle judicial functions of the Municipal Court, or which indicates that the
judge cannot act in a fair and/or impartial manner.
B. It is provided, however, that if the Washington State Judicial Conduct
Commission, or the Washington State Supreme Court or other court with the jurisdiction
2026 Legislation: TMC 2.68; Conversion to Elected Judge
Version: 4/30/26
Staff: C. Thompson
Page 2 of 4
to make such decisions, decides that the Municipal Judge is to be removed from office or
that the Municipal Judge is not qualified or able to serve as a Municipal Judge, then no
further or separate action by the City Council is required to effect such removal.
Section 4. TMC Section 2.68.030 Amended. Ordinance 1324 §6, as codified at
TMC Section 2.68.030, "Municipal Court Employees," is hereby amended to read as
follows:
2.68.030. Municipal Court Employees.
All employees of the Municipal Court shall, for all purposes, be deemed employees
of the City. They shall be appointed by and serve at the pleasure of the Court; provided,
that all applicable City personnel practices and procedures with respect to hiring and
termination are followed. Supervision of the Court employees shall be by the Municipal
Court Judge or designee.
Section 5. TMC Section 2.68.040 Amended. Ordinance 1324 §7, as codified at
2.68.040, "Judges Pro Tem — Court Commissioners," is hereby amended to read as
follows:
2.68.040. Judges Pro Tem — Court Commissioners.
A. The Municipal Court Judge may designate one or more persons as judges pro
tempore ("pro tem") to serve:
1. In the absence or disability of the elected Municipal Court Judge;
2. Subsequent to the filing of an affidavit of prejudice; and/or
3. In addition to the elected judge when the administration of justice and
the accomplishment of the work of the court make it necessary.
The qualifications of a judge pro tem shall be the same as for judges as provided
under RCW 3.50.040 and TMC Section 2.68.020, except that a judge pro tem need not
be a resident of the City or King County. A judge pro tem shall have all of the powers of
the duly elected judge when serving as a judge pro tem of the court. Before entering into
his or her duties, each judge pro tem shall take, subscribe, and file an oath as is taken by
the duly elected judge. Such pro tem judges shall receive such compensation as shall be
fixed by ordinance by the municipality in which the court is located and such
compensation shall be paid by the municipality.
B. The Municipal Court Judge may appoint one or more Municipal Court
commissioners, who shall hold office at the pleasure of the Municipal Court Judge. Each
Municipal Court commissioner shall have such power, authority and jurisdiction in civil
and criminal matters as the appointing Municipal Judge possesses, and must be a lawyer
who is admitted to practice law in the state of Washington or a nonlawyer who has passed
the qualifying examination for lay judges for courts of limited jurisdiction under RCW
3.34.060. The commissioner does not have authority to preside over trials in criminal
matters, or jury trials in civil matters unless agreed to on the record by all parties. A
commissioner need not be a resident of the City or of the King County.
2026 Legislation: TMC 2.68; Conversion to Elected Judge
Version: 4/30/26
Staff: C. Thompson
Page 3 of 4
Section 6. TMC Section 2.68.045 Amended. Ordinance 1324 8, as codified at
2.68.045, "Judicial Vacancy," is hereby amended to read as follows:
2.68.045. Judicial Vacancy.
In the event of any vacancy in the Municipal Court due to a death, disability, or resignation
of the Municipal Court Judge prior to the expiration of the Municipal Court Judge's term,
a Special Election shalt be called to III the remainder of the unexpired term. The elected
judge shall be qualified to hold the position of judge of the Municipal Court as provided in
this chapter.
Section 7. TMC Section 2.68.050 Amended. Ordinance 1324 §9, as codified at
2.68.050, "Municipal Court Hours,,, is hereby amended to read as follows:
2.68.060. Municipal Court Hours.
The Municipal Court shall be open and shall hold such regular and special sessions
as may be prescribed by the Municipal Court judge..
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 18th day of May, 2026.
ATTEST/AUTHENTICATED:
n-Barne , CMC, City Clerk
A ROVED AS TO FORM BY:
Office of the City Attorney
2026 Legisiatioi TMC 2.68; Conversion to Elected Judge
Version: 4130126
Staff: C. Thompson
Thomas McLeod, M
Filed with the City Clerk:
05/12/2026
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
05/18/2026
05/2112026
05/26/2026
2786
Page 4 of 4
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2784, 2785, 2786,
and 2786.
On May 18, 2026 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
ORDINANCE 2784: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO PUBLIC SAFETY; REPEALING
ORDINANCE NO. 2476 AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
CHAPTER 12.08, THEREBY ELIMINATING TMC CHAPTER 12.08 IN ITS ENTIRETY;
REENACTING TMC CHAPTER 12.08; TO UPDATE PARK RULES AND
REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN
EFFECTIVE DATE.
ORDINANCE 2785: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2567 AND 2623 AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 12.12; "FOSTER
GOLF LINKS FEES" THEREBY ELIMINATING THIS CHAPTER IN ITS ENTIRETY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN EFFECTIVE DATE.
ORDINANCE 2786: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC)
CHAPTER 2.68, "MUNICIPAL COURT," IN ALIGNMENT WITH CHAPTER 3.50 RCW;
CONVERTING THE MUNICIPAL COURT JUDGE POSITION TO AN ELECTIVE
POSITION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
ORDINANCE 2787: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2659, AS CODIFIED AT
TUKWILA MUNICIPAL CODE (TMC) SECTION 2.68.026 REGARDING THE
SETTING OF SALARY FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Andy Youn-Barnett, City Clerk
Published Seattle Times: May 21, 2026