HomeMy WebLinkAboutReg 2003-02-03 Item 6 - Ordinance - TMC 2.68.027 "Removal of Judge" AmendmentCAS Number: 03-007
ITEM INFORMATION
Original Agenda Date: January 27, 2003
Agenda Item Title: Amendment to TMC 2.68.027 pertaining to Removal of Municipal Court Judge.
I Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if known):
I Fund Source (if known):
Meeting Date
01 27 03
Meeting Date
1 1/27/2003
Eatues
COuivCIL AGENDA SYNOPSIS
1 Meeting Date
1 January 27, 2003
I'
Council
An amendment has been drafted to the TMC that clarifies the circumstances by which a
Municipal Court Judge can be removed from office.
Recommend Council approve the ordinance.
N/A
Initials
I Prepared by 1 May review 1 Council review
I ✓M 1 1i9'V 1 C.
I I/ I ra?C
1 1 1
1 1 1
Admin. X
RECORD OF COUNCIL ACTION
Action
Discussed..at COW; forwarded to 2/3/03 Rea. Mta for formal adoni-inn_
ITEM No.
APPENDICES
Attachments
Memo from Mayor's Office dated 1/16/03; Finance and Safety Committee Minutes (1/21/03)
Proposed, draft ordinance
Ordinance 1 n fi at orm
1
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 1324,
SECTION 16, AS CODIFIED AT TUKWILA MUNICIPAL CODE
2.68.027, "REMOVAL OF JUDGE," PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Tukwila City Council desires further clarification of the
circumstances by which a municipal court judge can be removed from office;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1324 §16, as codified at Tukwila Municipal Code
2.68.027, 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 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.
C. Any vacancy in the Municipal Court due to death, disability, or resignation of
the Municipal Court judge shall be filled by the Mayor for the remainder of the
unexpired term. The appointment shall be subject to confirmation by the City Council.
The appointed judge shall be qualified to hold the position of judge of the Municipal
Court, as provided in this ordinance and RCW 3.50 as amended by Chapter 258, Laws
of 1984.
Section 2. 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 3. 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 day of
2003.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Steven M. Mullet, Mayor
Filed with the City Clerk
Passed by the City Council:
Published:
Effective Date:
Ordinance Number: