City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 05A
Chapter 05A.05
Section 05A.05.020
 

Title 05A Municipal Court

Chapter 05A.05 Judicial Officers

Section 05A.05.020 Other Judicial Officers
  1. Judges Pro Tem.
    1. Pursuant to RCW 3.50.090, the presiding municipal court judge may designate one or more persons as judges pro tem to serve in the absence or disability of the elected or duly appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in addition to the elected or duly appointed judges when the administration of justice and the accomplishment of the work of the court make it necessary.
    1. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040, except that a judge pro tempore need not be a resident of the City or County of Spokane.
    1. Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges pro tempore of the court.
    1. Before entering his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly appointed or elected judge.
    1. Judges pro tempore shall receive, and the City shall pay, compensation as fixed by ordinance. The compensation of a judge pro tem shall be one hundred twenty-five dollars per half-day of service.
    1. The City shall have authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full time. In the event of the appointment of a district judge, the City shall pay a pro rata share of the salary.
  1. Court Commissioners.
    1. Pursuant to RCW 3.50.075, one or more court commissioners may be appointed by the presiding judge of the municipal court. Each commissioner holds office at the pleasure of the appointing judge.
    1. A commissioner authorized to hear or dispose of cases must be a lawyer who is admitted to practice law in the State of Washington or a nonlawyer who has passed, prior to January 1, 2003, the qualifying examination for lay judges for courts of limited jurisdiction under RCW 3.34.060.
    1. On or after July 1, 2010, when serving as a commissioner, 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.
    1. A commissioner need not be a resident of the City or County of Spokane.
    1. Full-time commissioners shall receive compensation equivalent to between seventy-five percent (75%) and eighty percent (80%) of the salary set for a Spokane Municipal Court judge under the provisions of Section 05A.05.040(B) of the Spokane Municipal Code.

In the event the Presiding Judge, in consultation with the Associate Judges, elects to name a Court Commissioner as the Administrative Court Commissioner, with additional duties related to functions associated with unfilled positions for Court Administrator and Director of Community Justice Services, the Administrative Court Commissioner shall receive compensation equivalent to between ninety percent (90%) and ninety-five percent (95%) of the salary set for a Spokane Municipal Court judge under the provisions of Section 05A.05.040(B) of the Spokane Municipal Code.

Newly appointed court commissioners or administrative court commissioners may be placed at any percentage of a Spokane Municipal Court judge’s salary within the specified ranges, at the discretion of the Presiding Judge. Salary increases will not occur annually on an automatic basis, but will be approved or disapproved and established on an annual basis based upon an individual commissioner receiving a satisfactory rating on that commissioner’s annual performance review. Performance reviews shall be conducted by the Presiding Judge, in consultation with the Associate Judges, on the annual anniversary date of each commissioner’s appointment as a commissioner, or as soon thereafter as may be practical.

Date Passed: Monday, September 20, 2021

Effective Date: Wednesday, November 3, 2021

ORD C36104 Section 2