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.

Title 05A
Chapter 05A.05
Section 05A.05.030

Title 05A Municipal Court

Chapter 05A.05 Judicial Officers

Section 05A.05.030 Vacancy – Removal – Disqualification
  1. Vacancy.
    1. Pursuant to RCW 3.50.093, any vacancy in the municipal court, due to death, disability, or resignation of a judge, shall be filled by the mayor for the remainder of the unexpired term.
    1. The appointment shall be subject to the confirmation of the city council.
    1. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter.
  1. Removal.

Pursuant to RCW 3.50.095, a municipal court 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, provided that a municipal court judge is also subject to disciplinary actions by the commission of judicial conduct and the Washington State supreme court, as described in chapter 2.64 RCW.

  1. Disqualification.

Pursuant to RCW 3.50.045, a municipal court judicial officer shall not preside in any of the following cases:

    1. In an action to which the judicial officer is a party, or in which the judicial officer is directly interested, or in which the judicial officer has been an attorney for a party.
    1. When the judicial officer or one of the parties believes that the parties cannot have an impartial trial or hearing before the judicial officer, the judicial officer shall disqualify himself or herself under the provisions of this section if, before any discretionary ruling has been made, a party files an affidavit that the party cannot have a fair and impartial trial or hearing by reason of the interest or prejudice of the judicial officer. The following are not considered discretionary rulings:
      1. The arrangement of the calendar.
      1. The setting of an action, motion, or proceeding for hearing or trial.
      1. The arraignment of the accused; or
      1. The fixing of bail and initially setting conditions of release.
    1. Only one change of judicial officer is allowed each party in an action or proceeding.
    1. When a judicial officer is disqualified under this section, the case shall be heard before another judicial officer of the City.
    1. For the purposes of this section, "judicial officer" means a judge, judge pro tempore, or court commissioner.

Date Passed: Monday, December 1, 2008

Effective Date: Thursday, January 1, 2009

C34342 Section 7