title: RCW 35.16.060

text:
The exclusion of an area from the boundaries of a city or town shall not exempt any real property therein from taxation for the purpose of paying any indebtedness of the city or town existing at the time of its exclusion, and the interest thereon.
[ 1965 c 7 s 35.16.060. Prior: 1895 c 93 s 4, part; RRS s 8905, part.]

catchline: Effect of exclusion as to liability for indebtedness.


doc_type: statute

jurisdiction: wa

title: RCW 35.16.070

text:
In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a city or town by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having jurisdiction over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by an incorporation.
[ 1994 c 273 s 6.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Previously granted franchises in excluded territory.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.17.010

text:
The commission form of city government means a city government in which the legislative powers and duties are exercised by a commission of three, consisting of a mayor, a commissioner of finance and accounting, and a commissioner of streets and public improvements, and in which the executive and administrative powers and duties are distributed among the three departments as follows:
(1) Department of public safety of which the mayor shall be the superintendent;
(2) Department of finance and accounting of which the commissioner of finance and accounting shall be the superintendent;
(3) Department of streets and public improvements of which the commissioner of streets and public improvement shall be the superintendent.
[ 1965 c 7 s 35.17.010. Prior: (i) 1911 c 116 s 11, part; RRS s 9100, part. (ii) 1943 c 25 s 3, part; 1911 c 116 s 12, part; Rem. Supp. 1943 s 9101, part.]

catchline: Definition of commission form.


title: RCW 35.17.020

text:
(1) All regular elections in cities organized under the statutory commission form of government shall be held quadrennially in the odd-numbered years on the dates provided in RCW 29A.04.330. However, after commissioners are elected at the next general election occurring in 1995 or 1997, regular elections in cities organized under a statutory commission form of government shall be held biennially at municipal general elections.
(2) The commissioners shall be nominated and elected at large. Their terms shall be for four years and until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. However, at the next regular election of a city organized under a statutory commission form of government, the terms of office of commissioners shall occur with the person who is elected as a commissioner receiving the least number of votes being elected to a two-year term of office and the other two persons who are elected being elected to four-year terms of office. Thereafter, commissioners shall be elected to four-year terms of office.
(3) Vacancies on a commission shall occur and shall be filled as provided in chapter 42.12 RCW.
[ 2013 c 11 s 87. Prior: 1994 c 223 s 10; 1994 c 119 s 1; 1979 ex.s. c 126 s 17; 1965 c 7 s 35.17.020; prior: 1963 c 200 s 12; 1959 c 86 s 2; 1955 c 55 s 9; prior: (i) 1911 c 116 s 5; RRS s 9094. (ii) 1943 c 25 s 1, part; 1911 c 116 s 3, part; Rem. Supp. 1943 s 9092, part.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).


title: RCW 35.17.030

text:
Cities organized under the commission form have all the powers of cities of the second class and shall be governed by the statutes applicable to cities of that class to the extent to which they are appropriate and not in conflict with provisions specifically applicable to cities organized under the commission form.
[ 1965 c 7 s 35.17.030. Prior: (i) 1911 c 116 s 11, part; RRS s 9100, part. (ii) 1911 c 116 s 4, part; RRS s 9093, part.]
Notes:
Second-class cities: Chapter 35.23 RCW.

catchline: Laws applicable.


title: RCW 35.17.040

text:
The commission shall have and maintain an office at the city hall, or such other place as the city may provide.
[ 1965 c 7 s 35.17.040. Prior: 1955 c 309 s 3; prior: 1943 c 25 s 4, part; 1911 c 116 s 14, part; Rem. Supp. 1943 s 9103, part.]

catchline: Offices.


title: RCW 35.17.050

text:
Regular meetings of the commission shall be held on the second Monday after the election of the commissioners and thereafter at least once each week on a day to be fixed by ordinance. Special meetings may be called by the mayor or two commissioners. All meetings of the commission shall be open to the public.
[ 1965 c 7 s 35.17.050. Prior: 1911 c 116 s 15, part; RRS s 9104, part.]

catchline: Meetings.


title: RCW 35.17.060

text:
The mayor shall be president of the commission. He or she shall preside at its meetings when present and shall oversee all departments and recommend to the commission, action on all matters requiring attention in any department.
[ 2009 c 549 s 2014; 1965 c 7 s 35.17.060. Prior: 1911 c 116 s 15, part; RRS s 9104, part.]

catchline: President.


title: RCW 35.17.070

text:
The commissioner of finance and accounting shall be vice president of the commission. In the absence or inability of the mayor, he or she shall perform the duties of president.
[ 2009 c 549 s 2015; 1965 c 7 s 35.17.070. Prior: 1911 c 116 s 15, part; RRS s 9104, part.]

catchline: Vice president.


title: RCW 35.17.080

text:
The commission shall appoint by a majority vote a city clerk and such other officers and employees as the commission may by ordinance provide. Any officer or employee appointed by the commission may be discharged at any time by vote of a majority of the members of the commission. Any commissioner may perform any duties pertaining to his or her department but without additional compensation therefor.
[ 2009 c 549 s 2016; 1965 c 7 s 35.17.080. Prior: 1943 c 25 s 3, part; 1911 c 116 s 12, part; Rem. Supp. 1943 s 9101, part.]

catchline: Employees of commission.


title: RCW 35.17.090

text:
The commission by ordinance shall determine what powers and duties are to be performed in each department, shall prescribe the powers and duties of the various officers and employees and make such rules and regulations for the efficient and economical conduct of the business of the city as it may deem necessary and proper. The commission may assign particular officers and employees to one or more departments and may require an officer or employee to perform duties in two or more departments.
[ 1965 c 7 s 35.17.090. Prior: 1911 c 116 s 11, part; RRS s 9100, part.]

catchline: Distribution of powers—Assignment of duties.


title: RCW 35.17.100

text:
Every member of the city commission, before qualifying, shall give a good and sufficient bond to the city in a sum equivalent to five times the amount of his or her annual salary, conditioned for the faithful performance of the duties of his or her office. The bonds must be approved by a judge of the superior court for the county in which the city is located and filed with the clerk thereof. The commission, by resolution, may require any of its appointees to give bond to be fixed and approved by the commission and filed with the mayor.
[ 2007 c 218 s 65; 1965 c 7 s 35.17.100. Prior: 1911 c 116 s 6; RRS s 9095.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Bonds of commissioners and employees.


title: RCW 35.17.105

text:
The clerk or deputy clerk of any city having a commission form of government shall, without charge, take acknowledgments and administer oaths required by law on all claims and demands against the city.
[ 1965 c 7 s 35.17.105.]

catchline: Clerk may take acknowledgments.


title: RCW 35.17.108

text:
The annual salaries of the mayor and the commissioners of any city operating under a commission form of government shall be as fixed by charter or ordinance of said city. The power and authority conferred by this section shall be construed as in addition and supplemental to powers or authority conferred by any other law, and nothing contained herein shall be construed as limiting any other powers or authority of any such city.
[ 1967 c 100 s 1.]

catchline: Salaries of mayor and commissioners.


title: RCW 35.17.120

text:
All appointive officers and employees shall receive such compensation as the commission shall fix by ordinance, payable monthly or at such shorter periods as the commission may determine.
[ 1965 c 7 s 35.17.120. Prior: 1943 c 25 s 4, part; 1911 c 116 s 14, part; Rem. Supp. 1943 s 9103, part.]

catchline: Officers and employees—Salaries and wages.


title: RCW 35.17.130

text:
The commission shall have power from time to time to create, fill and discontinue offices and employments other than those herein prescribed, according to their judgment of the needs of the city; and may, by majority vote of all the members, remove any such officer or employees, except as otherwise provided for in this chapter; and may by resolution, or otherwise, prescribe, limit or change the compensation of such officers or employees.
[ 1965 c 7 s 35.17.130. Prior: 1911 c 116 s 13; RRS s 9102.]

catchline: Officers and employees—Creation—Removal—Changes in compensation.


title: RCW 35.17.150

text:
No officer or employee, elected or appointed, shall receive from any enterprise operating under a public franchise any frank, free ticket, or free service or receive any service upon terms more favorable than are granted to the public generally: PROVIDED, That the provisions of this section shall not apply to free transportation furnished to police officers and firefighters in uniform nor to free service to city officials provided for in the franchise itself.
Any violation of the provisions of this section shall be a misdemeanor.
[ 2009 c 549 s 2017; 1965 c 7 s 35.17.150. Prior: 1961 c 268 s 11; prior: 1911 c 116 s 17, part; RRS s 9106, part.]

catchline: Officers and employees—Passes, free services prohibited, exceptions—Penalty.


title: RCW 35.17.170

text:
The commission shall each month print in pamphlet form a detailed itemized statement of all receipts and expenses of the city and a summary of its proceedings during the preceding month and furnish copies thereof to the state library, the city library, the newspapers of the city, and to persons who apply therefor at the office of the city clerk. At the end of each year the commission shall cause a complete examination of all the books and accounts of the city to be made by competent accountants and shall publish the result of such examination to be made in the manner above provided for publication of statements of monthly expenditures.
[ 1965 c 7 s 35.17.170. Prior: 1911 c 116 s 18; RRS s 9107.]

catchline: Financial statements—Monthly—Annual.


title: RCW 35.17.180

text:
Each member of the commission shall have the right to vote on all questions coming before the commission. Two members of the commission shall constitute a quorum and the affirmative vote of at least two members shall be necessary to adopt any motion, resolution, ordinance, or course of action.
Every measure shall be reduced to writing and read before the vote is taken and upon every vote the yeas and nays shall be called and recorded.
[ 1965 c 7 s 35.17.180. Prior: 1911 c 116 s 10, part; RRS s 9099, part.]

catchline: Legislative power—How exercised.


title: RCW 35.17.190

text:
Every resolution and ordinance adopted by the commission shall be signed by the mayor or by two members of the commission and filed and recorded within five days of its passage. The mayor shall have no veto power.
[ 1965 c 7 s 35.17.190. Prior: 1911 c 116 s 10, part; RRS s 9099, part.]

catchline: Legislative ordinances and resolutions.


title: RCW 35.17.200

text:
No money shall be appropriated except by ordinance and every such ordinance complete in the form in which it is finally passed shall remain on file with the city clerk for public inspection at least one week before final passage.
[ 1965 c 7 s 35.17.200. Prior: 1911 c 116 s 16, part; RRS s 9105, part.]

catchline: Legislative—Appropriations of money.


title: RCW 35.17.210

text:
Every ordinance or resolution ordering any street improvement or sewer complete in the form in which it is finally passed shall remain on file with the city clerk for public inspection at least one week before final passage.
[ 1965 c 7 s 35.17.210. Prior: 1911 c 116 s 16, part; RRS s 9105, part.]

catchline: Legislative—Street improvements.


title: RCW 35.17.220

text:
No franchise or right to occupy or use the streets, highways, bridges or other public places shall be granted, renewed, or extended except by ordinance and every such ordinance complete in the form in which it is finally passed shall remain on file with the city clerk for at least one week before final passage and if the franchise or grant is for interurban or street railways, gas or waterworks, electric light or power plants, heating plants, telegraph or telephone systems or other public service utilities, the ordinance must be submitted to a vote of the people at a general or special election and approved by a majority of those voting thereon.
[ 1965 c 7 s 35.17.220. Prior: 1911 c 116 s 16, part; RRS s 9105, part.]
Notes:
Times for holding elections: RCW 29A.04.311 through 29A.04.330.

catchline: Legislative—Franchises—Referendum.


title: RCW 35.17.230

text:
Ordinances shall not go into effect before thirty days from the time of final passage and are subject to referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of public peace, health, and safety which contain a statement of urgency and are passed by unanimous vote of all the commissioners;
(3) Ordinances providing for local improvement districts.
[ 1965 c 7 s 35.17.230. Prior: (i) 1911 c 116 s 22, part; RRS s 9111, part. (ii) 1911 c 116 s 21, part; RRS s 9110, part.]

catchline: Legislative—Ordinances—Time of going into effect.


title: RCW 35.17.240

text:
Upon the filing of a referendum petition praying therefor, the commission shall reconsider an ordinance subject to referendum and upon reconsideration shall defeat it in its entirety or shall submit it to a vote of the people. The operation of an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the ordinance protested against has received a majority of the votes cast thereon at the election.
[ 1965 c 7 s 35.17.240. Prior: 1911 c 116 s 22, part; RRS s 9111, part.]


title: RCW 35.17.250

text:
All provisions applicable to the character, form, and number of signatures required for an initiative petition, to the examination and certification thereof, and to the submission to the vote of the people of the ordinance proposed thereby, shall apply to a referendum petition and to the ordinance sought to be defeated thereby.
[ 1965 c 7 s 35.17.250. Prior: 1911 c 116 s 22, part; RRS s 9111, part.]

catchline: Legislative—Referendum—Petitions and conduct of elections.


title: RCW 35.17.260

text:
Ordinances may be initiated by petition of registered voters of the city filed with the commission. If the petition accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty-five percent of the votes cast for all candidates for mayor at the last preceding city election, and if it contains a request that, unless passed by the commission, the ordinance be submitted to a vote of the registered voters of the city, the commission shall either:
(1) Pass the proposed ordinance without alteration within twenty days after the county auditor's certificate of sufficiency has been received by the commission; or
(2) Immediately after the county auditor's certificate of sufficiency for the petition is received, cause to be called a special election to be held on the next election date, as provided in RCW 29A.04.330, provided that the resolution deadline for that election has not passed, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within ninety days, in which event submission must be made on the general election ballot.
[ 2015 c 146 s 5; 2015 c 53 s 29; 1996 c 286 s 4; 1965 c 7 s 35.17.260. Prior: 1911 c 116 s 21, part; RRS s 9110, part.]
Notes:
Reviser's note: This section was amended by 2015 c 53 s 29 and by 2015 c 146 s 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Legislative—Ordinances by initiative petition.


title: RCW 35.17.270

text:
The petitioner preparing an initiative petition for submission to the commission shall follow the procedures established in RCW 35.21.005.
[ 1996 c 286 s 5; 1965 c 7 s 35.17.270. Prior: (i) 1911 c 116 s 21, part; RRS s 9110, part. (ii) 1911 c 116 s 20, part; RRS s 9109, part. (iii) 1911 c 116 s 24; RRS s 9113.]


title: RCW 35.17.280

text:
Within ten days from the filing of a petition submitting a proposed ordinance the city clerk shall ascertain and append to the petition his or her certificate stating whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the preceding municipal election for his or her sources of information, and the commission shall allow him or her extra help for that purpose, if necessary. If the signatures are found by the clerk to be insufficient the petition may be amended in that respect within ten days from the date of the certificate. Within ten days after submission of the amended petition the clerk shall make an examination thereof and append his or her certificate thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it.
[ 2009 c 549 s 2018; 1965 c 7 s 35.17.280. Prior: (i) 1911 c 116 s 20, part; RRS s 9109, part. (ii) 1911 c 116 s 21, part; RRS s 9110, part.]

catchline: Legislative—Initiative petition—Checking by clerk.


title: RCW 35.17.290

text:
If the clerk finds the petition insufficient or if the commission refuses either to pass an initiative ordinance or order an election thereon, any taxpayer may commence an action in the superior court against the city and procure a decree ordering an election to be held in the city for the purpose of voting upon the proposed ordinance if the court finds the petition to be sufficient.
[ 1965 c 7 s 35.17.290. Prior: (i) 1911 c 116 s 20, part; RRS s 9109, part. (ii) 1911 c 116 s 21, part; RRS s 9110, part.]

catchline: Legislative—Initiative petition—Appeal to court.


title: RCW 35.17.300

text:
Publication of notice, the election, the canvass of the returns and declaration of the results, shall be conducted in all respects as are other city elections. Any number of proposed ordinances may be voted on at the same election, but there shall not be more than one special election for that purpose during any one six-month period.
[ 1965 c 7 s 35.17.300. Prior: (i) 1911 c 116 s 20, part; RRS s 9109, part. (ii) 1911 c 116 s 21, part; RRS s 9110, part.]
Notes:
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.


title: RCW 35.17.310

text:
The city clerk shall cause any ordinance or proposition required to be submitted to the voters at an election to be published once in each of the daily newspapers in the city not less than five nor more than twenty days before the election, or if no daily newspaper is published in the city, publication shall be made in each of the weekly newspapers published therein. This publication shall be in addition to the notice required in RCW 29A.52.355.
[ 2015 c 53 s 30; 1965 c 7 s 35.17.310. Prior: 1911 c 116 s 21, part; RRS s 9110, part.]


title: RCW 35.17.330

text:
If the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately and shall be made a part of the record of ordinances of the city.
[ 1965 c 7 s 35.17.330. Prior: 1911 c 116 s 21, part; RRS s 9110, part.]


title: RCW 35.17.340

text:
Upon the adoption of an ordinance initiated by petition, the city clerk shall write on the margin of the record thereof "ordinance by petition No. . . . .," or "ordinance by vote of the people," and it cannot be repealed or amended except by a vote of the people.
[ 1965 c 7 s 35.17.340. Prior: 1911 c 116 s 21, part; RRS s 9110, part.]


title: RCW 35.17.350

text:
The commission may by means of an ordinance submit a proposition for the repeal or amendment of an ordinance, initiated by petition, by submitting it to a vote of the people at any general election and if a majority of the votes cast upon the proposition favor it, the ordinance shall be repealed or amended accordingly.
A proposition of repeal or amendment must be published before the election thereon as is an ordinance initiated by petition when submitted to election.
[ 1965 c 7 s 35.17.350. Prior: 1911 c 116 s 21, part; RRS s 9110, part.]


title: RCW 35.17.360

text:
Upon the adoption of a proposition to repeal or amend an ordinance initiated by petition, the city clerk shall write upon the margin of the record of the ordinance "repealed (or amended) by ordinance No. . . . .," or "repealed (or amended) by vote of the people."
[ 1965 c 7 s 35.17.360. Prior: 1911 c 116 s 21, part; RRS s 9110, part.]


title: RCW 35.17.370

text:
Any city having a population of two thousand and less than thirty thousand may organize as a city under the commission form of government. The requisite population shall be determined by the last preceding state or federal census or the council may cause a census to be taken by one or more suitable persons, in which the full name of each person in the city shall be plainly written, the names alphabetically arranged and regularly numbered in a complete series, verified before an officer authorized to administer oaths and filed with the city clerk.
[ 1965 c 7 s 35.17.370. Prior: 1927 c 210 s 1; 1911 c 116 s 1; RRS s 9090.]
Notes:
Census to be conducted in decennial periods: State Constitution Art. 2 s 3.
Determination of population: Chapter 43.62 RCW.

catchline: Organization on commission form—Eligibility—Census.


title: RCW 35.17.380

text:
Upon petition of electors in any city equal in number to twenty-five percent of the votes cast for all candidates for mayor at the last preceding city election therein, the mayor by proclamation shall cause to be submitted the question of organizing the city under the commission form of government at a special election at a time specified therein and within sixty days after the filing of the petition. If the plan is not adopted at the special election called, it shall not be resubmitted to the voters of the city for adoption within two years thereafter.
[ 1965 c 7 s 35.17.380. Prior: 1911 c 116 s 2, part; RRS s 9091, part.]

catchline: Organization—Petition.


title: RCW 35.17.390

text:
The proposition on the ballot shall be: "Shall the proposition to organize the city of (name of city) under the commission form of government be adopted?" followed by the words: "For organization as a city under commission form" and "against organization as a city under commission form." The election shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law in respect to other city elections. If a majority of the votes cast are in favor thereof the city shall proceed to elect a mayor and two commissioners.
[ 1965 c 7 s 35.17.390. Prior: 1911 c 116 s 2, part; RRS s 9091, part.]
Notes:
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.

catchline: Organization—Ballots.


title: RCW 35.17.400

text:
The first election of commissioners shall be held at the next special election that occurs at least sixty days after the election results are certified where the proposition to organize under the commission form was approved by city voters, and the commission first elected shall commence to serve as soon as they have been elected and have qualified and shall continue to serve until their successors have been elected and qualified and have assumed office in accordance with RCW 29A.60.280. The date of the second election for commissioners shall be in accordance with RCW 29A.04.330 such that the term of the first commissioners will be as near as possible to, but not in excess of, four years calculated from the first day in January in the year after the year in which the first commissioners were elected.
[ 2015 c 53 s 31; 1994 c 223 s 11; 1979 ex.s. c 126 s 18; 1965 c 7 s 35.17.400. Prior: 1963 c 200 s 13; 1955 c 55 s 10; prior: 1943 c 25 s 1, part; 1911 c 116 s 3, part; Rem. Supp. 1943 s 9092, part.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Organization—Election of officers—Term.


title: RCW 35.17.410

text:
All bylaws, ordinances and resolutions in force when a city organizes under the commission form shall remain in force until amended or repealed.
The boundaries of a city reorganized under the commission form shall not be changed thereby.
All rights and property vested in the city before reorganization under the commission form shall vest in the city as reorganized and no right or liability either in favor of or against it, existing at the time and no suit or prosecution shall be affected by the change.
[ 1965 c 7 s 35.17.410. Prior: 1911 c 116 s 4, part; RRS s 9093, part.]


title: RCW 35.17.420

text:
If, at the beginning of the term of office of the first commission elected in a city organized under the commission form, the appropriations for the expenditures of the city for the current fiscal year have been made, the commission, by ordinance, may revise them.
[ 1965 c 7 s 35.17.420. Prior: 1911 c 116 s 19; RRS s 9108.]


title: RCW 35.17.430

text:
Any city which has operated under the commission form for more than six years may again reorganize as a noncommission city without changing its classification unless it desires to do so.
[ 1965 ex.s. c 47 s 3; 1965 c 7 s 35.17.430. Prior: 1911 c 116 s 23, part; RRS s 9112, part.]

catchline: Abandonment of commission form.


title: RCW 35.17.440

text:
Upon the filing of a petition praying therefor, signed by not less than twenty-five percent of the registered voters resident in the city, a special election shall be called at which the following proposition only shall be submitted: "Shall the city of (name of city) abandon its organization as a city under the commission form and become a city under the general laws governing cities of like population?"
[ 1965 c 7 s 35.17.440. Prior: 1911 c 116 s 23, part; RRS s 9112, part.]

catchline: Abandonment—Method.


title: RCW 35.17.450

text:
The sufficiency of the petition for the abandonment of the commission form of city government shall be determined, the election ordered and conducted, the returns canvassed and the results declared as required by the provisions applicable to the proceedings for the enactment of an ordinance by initiative petition to the extent to which they are appropriate.
[ 1965 c 7 s 35.17.450. Prior: 1911 c 116 s 23, part; RRS s 9112, part.]


title: RCW 35.17.460

text:
If a majority of the votes cast upon the proposition of abandoning the commission form of city government favor the proposition, the city shall be reorganized under general laws immediately upon the first election of city officers, which shall be held on the date of the next general city election of cities of its class. The change in form of government shall not affect the property, rights, or liabilities of the city.
[ 1965 c 7 s 35.17.460. Prior: 1911 c 116 s 23, part; RRS s 9112, part.]

catchline: Abandonment—Effect.


title: RCW 35.18.010

text:
Under the council-manager plan of city government, the councilmembers shall be the only elective officials. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of city or town government. The city manager shall be responsible to the council for the proper administration of all affairs of the city or town.
[ 2009 c 549 s 2019; 1965 c 7 s 35.18.010. Prior: 1955 c 337 s 2; prior: (i) 1943 c 271 s 8, part; Rem. Supp. 1943 s 9198-17, part. (ii) 1943 c 271 s 12, part; Rem. Supp. 1943 s 9198-21, part. (iii) 1949 c 84 s 2, part; 1943 c 271 s 17, part; Rem. Supp. 1949 s 9198-26, part.]

catchline: The council-manager plan.


title: RCW 35.18.020

text:
(1) The number of councilmembers in a city or town operating with a council-manager plan of government shall be based upon the latest population of the city or town that is determined by the office of financial management as follows:
(a) A city or town having not more than two thousand inhabitants, five councilmembers; and
(b) A city or town having more than two thousand, seven councilmembers.
(2) Except for the initial staggering of terms, councilmembers shall serve for four-year terms of office. All councilmembers shall serve until their successors are elected and qualified and assume office in accordance with RCW 29A.60.280. Councilmembers may be elected on a citywide or townwide basis, or from wards or districts, or any combination of these alternatives. Candidates shall run for specific positions. Wards or districts shall be redrawn as provided in chapter 29A.76 RCW. Wards or districts shall be used as follows: (a) Only a resident of the ward or district may be a candidate for, or hold office as, a councilmember of the ward or district; and (b) only voters of the ward or district may vote at a primary to nominate candidates for a councilmember of the ward or district. Voters of the entire city or town may vote at the general election to elect a councilmember of a ward or district, unless the city or town had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward or district associated with the council positions. If a city or town had so limited the voting in the general election to only voters residing within the ward or district, then the city or town shall be authorized to continue to do so.
(3) When a city or town has qualified for an increase in the number of councilmembers from five to seven by virtue of the next succeeding population determination made by the office of financial management, two additional council positions shall be filled at the next municipal general election with the person elected to one of the new council positions receiving the greatest number of votes being elected for a four-year term of office and the person elected to the other additional council position being elected for a two-year term of office. The two additional councilmembers shall assume office immediately when qualified in accordance with RCW 29A.04.133, but the term of office shall be computed from the first day of January after the year in which they are elected. Their successors shall be elected to four-year terms of office.
Prior to the election of the two new councilmembers, the city or town council shall fill the additional positions by appointment not later than forty-five days following the release of the population determination, and each appointee shall hold office only until the new position is filled by election.
(4) When a city or town has qualified for a decrease in the number of councilmembers from seven to five by virtue of the next succeeding population determination made by the office of financial management, two council positions shall be eliminated at the next municipal general election if four council positions normally would be filled at that election, or one council position shall be eliminated at each of the next two succeeding municipal general elections if three council positions normally would be filled at the first municipal general election after the population determination. The council shall by ordinance indicate which, if any, of the remaining positions shall be elected at large or from wards or districts.
(5) Vacancies on a council shall occur and shall be filled as provided in chapter 42.12 RCW.
[ 2015 c 53 s 32; 1994 c 223 s 12; 1981 c 260 s 7. Prior: 1979 ex.s. c 126 s 19; 1979 c 151 s 26; 1956 c 7 s 35.18.020; prior: 1959 c 76 s 1; 1955 c 337 s 3; prior: (i) 1943 c 271 s 6; Rem. Supp. 1943 s 9198-15. (ii) 1943 c 271 s 4, part; Rem. Supp. 1943 s 9198-13, part.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
Population determinations, office of financial management: Chapter 43.62 RCW.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.

catchline: Number of councilmembers—Wards, districts—Terms—Vacancies.


title: RCW 35.18.030

text:
A city or town organized under the council-manager plan shall have all the powers which cities of its class have and shall be governed by the statutes applicable to such cities to the extent to which they are appropriate and not in conflict with the provisions specifically applicable to cities organized under the council-manager plan.
Any city adopting a council-manager form of government may adopt any system of civil service which would be available to it under any other form of city government. Any state law relative to civil service in cities of the class of a city under the council-manager type of government shall be applicable thereto.
[ 1965 c 7 s 35.18.030. Prior: (i) 1949 c 84 s 4; Rem. Supp. 1949 s 9198-33. (ii) 1943 c 271 s 10, part; Rem. Supp. 1943 s 9198-19, part. (iii) 1943 c 271 s 21; Rem. Supp. 1943 s 9198-30.]

catchline: Laws applicable to council-manager cities—Civil service.


title: RCW 35.18.040

text:
The city manager need not be a resident. He or she shall be chosen by the council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in, or his or her knowledge of, accepted practice in respect to the duties of his or her office. No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he or she was elected.
[ 2009 c 549 s 2020; 1965 c 7 s 35.18.040. Prior: 1955 c 337 s 4; prior: (i) 1949 c 84 s 2, part; 1943 c 271 s 17, part; Rem. Supp. 1949 s 9198-26, part. (ii) 1943 c 271 s 12, part; Rem. Supp. 1943 s 9198-21, part.]

catchline: City manager—Qualifications.


title: RCW 35.18.050

text:
Before entering upon the duties of his or her office the city manager shall take the official oath for the support of the government and the faithful performance of his or her duties and shall execute and file with the clerk of the council a bond in favor of the city or town in such sum as may be fixed by the council.
[ 2009 c 549 s 2021; 1965 c 7 s 35.18.050. Prior: 1955 c 337 s 5; prior: 1943 c 271 s 12, part; Rem. Supp. 1943 s 9198-21, part.]

catchline: City manager—Bond and oath.


title: RCW 35.18.060

text:
The powers and duties of the city manager shall be:
(1) To have general supervision over the administrative affairs of the municipality;
(2) To appoint and remove at any time all department heads, officers, and employees of the city or town, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of the city planning commission, and other advisory citizens' committees, commissions and boards advisory to the city council: PROVIDED FURTHER, That the city manager shall appoint the municipal judge to a term of four years, subject to confirmation by the council. The municipal judge may be removed only on conviction of malfeasance or misconduct in office, or because of physical or mental disability rendering him or her incapable of performing the duties of his or her office. The council may cause an audit to be made of any department or office of the city or town government and may select the persons to make it, without the advice or consent of the city manager;
(3) To attend all meetings of the council at which his or her attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he or she may deem necessary or expedient;
(6) To prepare and submit to the council such reports as may be required by that body or as he or she may deem it advisable to submit;
(7) To keep the council fully advised of the financial condition of the city or town and its future needs;
(8) To prepare and submit to the council a tentative budget for the fiscal year;
(9) To perform such other duties as the council may determine by ordinance or resolution.
[ 2009 c 549 s 2022; 1987 c 3 s 5; 1965 ex.s. c 116 s 1; 1965 c 7 s 35.18.060. Prior: 1955 c 337 s 6; prior: (i) 1949 c 84 s 2, part; 1943 c 271 s 17, part; Rem. Supp. 1949 s 9198-26, part. (ii) 1949 c 84 s 1; 1943 c 271 s 15; Rem. Supp. 1949 s 9198-24. (iii) 1949 c 84 s 3, part; 1943 c 271 s 18, part; Rem. Supp. 1949 s 9198-27, part.]
Notes:
Severability—1987 c 3: See note following RCW 3.70.010.

catchline: City manager—Authority.


title: RCW 35.18.070

text:
Whether the city manager shall devote his or her full time to the affairs of one city or town shall be determined by the council. A city manager may serve two or more cities or towns in that capacity at the same time.
[ 2009 c 549 s 2023; 1965 c 7 s 35.18.070. Prior: 1943 c 271 s 13; Rem. Supp. 1943 s 9198-22.]

catchline: City manager—May serve two or more cities.


title: RCW 35.18.080

text:
On recommendation of the city manager, the council may create such departments, offices and employments as may be found necessary and may determine the powers and duties of each department or office.
[ 1965 c 7 s 35.18.080. Prior: 1943 c 271 s 16; Rem. Supp. 1943 s 9198-25.]

catchline: City manager—Creation of departments.


title: RCW 35.18.090

text:
The city manager may authorize the head of a department or office responsible to him or her to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who holds his or her position subject to civil service, may be removed by the manager or other such appointing officer at any time. Subject to the provisions of RCW 35.18.060, the decision of the manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body, or court whatsoever.
[ 2009 c 549 s 2024; 1965 c 7 s 35.18.090. Prior: 1955 c 337 s 7; prior: (i) 1949 c 84 s 2, part; 1943 c 271 s 17, part; Rem. Supp. 1949 s 9198-26, part. (ii) 1949 c 84 s 3, part; 1943 c 271 s 18, part; Rem. Supp. 1949 s 9198-27, part.]


title: RCW 35.18.100

text:
Appointments made by or under the authority of the city manager shall be on the basis of executive and administrative ability and of the training and experience of the appointees in the work which they are to perform. Residence within the city or town shall not be a requirement. All such appointments shall be without definite term.
[ 1965 c 7 s 35.18.100. Prior: 1955 c 337 s 8; prior: 1949 c 84 s 2, part; 1943 c 271 s 17, part; Rem. Supp. 1949 s 9198-26, part.]

catchline: City manager—Appointment of subordinates—Qualifications—Terms.


title: RCW 35.18.110

text:
Neither the council, nor any of its committees or members shall direct or request the appointment of any person to, or his or her removal from, office by the city manager or any of his or her subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately: PROVIDED, HOWEVER, That nothing herein shall be construed to prohibit the council, while in open session, from fully and freely discussing with the city manager anything pertaining to appointments and removals of city officers and employees and city affairs.
[ 2009 c 549 s 2025; 1965 c 7 s 35.18.110. Prior: 1955 c 337 s 14; prior: 1943 c 271 s 19, part; Rem. Supp. 1943 s 9198-28, part.]

catchline: City manager—Interference by councilmembers.


title: RCW 35.18.120

text:
The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council.
At least thirty days before the effective date of his or her removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him or her and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote may suspend him or her from duty, but his or her pay shall continue until his or her removal becomes effective.
[ 2009 c 549 s 2026; 1965 c 7 s 35.18.120. Prior: 1955 c 337 s 17; prior: 1943 c 271 s 14, part; Rem. Supp. 1943 s 9198-23, part.]

catchline: City manager—Removal—Resolution and notice.


title: RCW 35.18.130

text:
The city manager may, within thirty days from the date of service upon him or her of a copy thereof, reply in writing to the resolution stating the council's intention to remove him or her. In the event no reply is timely filed, the resolution shall upon the thirty-first day from the date of such service, constitute the final resolution removing the manager, and his or her services shall terminate upon that day. If a reply shall be timely filed with its clerk, the council shall fix a time for a public hearing upon the question of the manager's removal and a final resolution removing the manager shall not be adopted until a public hearing has been had. The action of the council in removing the manager shall be final.
[ 2009 c 549 s 2027; 1965 c 7 s 35.18.130. Prior: 1955 c 337 s 18; prior: 1943 c 271 s 14, part; Rem. Supp. 1943 s 9198-23, part.]

catchline: City manager—Removal—Reply and hearing.


title: RCW 35.18.140

text:
The council may designate a qualified administrative officer of the city or town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan, pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the manager.
[ 1965 c 7 s 35.18.140. Prior: 1955 c 337 s 19; prior: 1943 c 271 s 14, part; Rem. Supp. 1943 s 9198-23, part.]

catchline: City manager—Substitute.


title: RCW 35.18.150

text:
Only a qualified elector of the city or town may be a member of the council and upon ceasing to be such, or upon being convicted of a crime involving moral turpitude, or of violating the provisions of RCW 35.18.110, he or she shall immediately forfeit his or her office.
[ 2009 c 549 s 2028; 1965 c 7 s 35.18.150. Prior: 1955 c 337 s 15; prior: (i) 1943 c 271 s 19, part; Rem. Supp. 1943 s 9198-28, part. (ii) 1943 c 271 s 9, part; Rem. Supp. 1943 s 9198-18, part.]

catchline: Council—Eligibility.


title: RCW 35.18.160

text:
The council shall have all of the powers which inhere in the city or town not reserved to the people or vested in the city manager, including but not restricted to the authority to adopt ordinances and resolutions.
[ 1965 c 7 s 35.18.160. Prior: (i) 1943 c 271 s 9, part; Rem. Supp. 1943 s 9198-18, part. (ii) 1943 c 271 s 10, part; Rem. Supp. 1943 s 9198-19, part.]

catchline: Council—Authority.


title: RCW 35.18.170

text:
The council shall meet at the times and places fixed by ordinance but must hold at least one regular meeting each month. The clerk shall call special meetings of the council upon request of the mayor or any two members. At all meetings of the city council, a majority of the councilmembers shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. Requests for special meetings shall state the subject to be considered and no other subject shall be considered at a special meeting.
All meetings of the council and of committees thereof shall be open to the public and the rules of the council shall provide that citizens of the city or town shall have a reasonable opportunity to be heard at any meetings in regard to any matter being considered thereat.
[ 2009 c 549 s 2029; 1965 c 7 s 35.18.170. Prior: 1955 c 337 s 20; prior: 1943 c 271 s 7; Rem. Supp. 1943 s 9198-16.]

catchline: Council meetings.


title: RCW 35.18.180

text:
No ordinance, resolution, or order, including those granting a franchise or valuable privilege, shall have any validity or effect unless passed by the affirmative vote of at least a majority of the members of the city or town council. Every ordinance or resolution adopted shall be signed by the mayor or two members, filed with the clerk within two days and by him or her recorded.
[ 2009 c 549 s 2030; 1965 c 7 s 35.18.180. Prior: 1959 c 76 s 3; 1943 c 271 s 11; Rem. Supp. 1943 s 9198-20.]

catchline: Council—Ordinances—Recording.


title: RCW 35.18.190

text:
Biennially at the first meeting of the new council the members thereof shall choose a chair from among their number who shall have the title of mayor. In addition to the powers conferred upon him or her as mayor, he or she shall continue to have all the rights, privileges and immunities of a member of the council. If a vacancy occurs in the office of mayor, the members of the council at their next regular meeting shall select a mayor from among their number for the unexpired term.
[ 2009 c 549 s 2031; 1969 c 101 s 1; 1965 c 7 s 35.18.190. Prior: 1955 c 337 s 9; prior: 1943 c 271 s 8, part; Rem. Supp. 1943 s 9198-17, part.]

catchline: Mayor—Election—Vacancy.


title: RCW 35.18.200

text:
The mayor shall preside at meetings of the council, and be recognized as the head of the city or town for all ceremonial purposes and by the governor for purposes of military law.
He or she shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by the council, shall take command of the police, maintain law, and enforce order.
[ 2009 c 549 s 2032; 1965 c 7 s 35.18.200. Prior: 1955 c 337 s 10; prior: 1943 c 271 s 8, part; Rem. Supp. 1943 s 9198-17, part.]

catchline: Mayor—Duties.


title: RCW 35.18.210

text:
In case of the mayor's absence, a mayor pro tempore selected by the members of the council from among their number shall act as mayor during the continuance of the absence.
[ 1969 c 101 s 2; 1965 c 7 s 35.18.210. Prior: 1955 c 337 s 11; prior: 1943 c 271 s 8, part; Rem. Supp. 1943 s 9198-17, part.]

catchline: Mayor pro tempore.


title: RCW 35.18.220

text:
Each member of the council shall receive such compensation as may be provided by law to cities of the class to which it belongs. The city manager and other officers or assistants shall receive such salary or compensation as the council shall fix by ordinance and shall be payable at such times as the council may determine.
[ 1965 c 7 s 35.18.220. Prior: (i) 1943 c 271 s 9, part; Rem. Supp. 1943 s 9198-18, part. (ii) 1943 c 271 s 20; Rem. Supp. 1943 s 9198-29.]

catchline: Salaries.


title: RCW 35.18.230

text:
Any city or town having a population of less than thirty thousand may be organized as a council-manager city or town under this chapter.
[ 1965 c 7 s 35.18.230. Prior: 1959 c 76 s 2; 1943 c 271 s 1; Rem. Supp. 1943 s 9198-10.]

catchline: Organization on council-manager plan—Eligibility.


title: RCW 35.18.240

text:
Petitions to reorganize a city or town on the council-manager plan must be signed by registered voters resident therein equal in number to at least twenty percent of the votes cast for all candidates for mayor at the last preceding municipal election. In addition to the signature and residence addresses of the petitioners thereon, a petition must contain an affidavit stating the number of signers thereon at the time the affidavit is made.
Petitions containing the required number of signatures shall be accepted by the city or town clerk as prima facie valid until their invalidity has been proved.
A variation on such petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of the first or middle names or both shall not invalidate the signature on the petition if the surname and handwriting are the same. Signatures, including the original, of any voter who has signed such petitions two or more times shall be stricken.
[ 1965 c 7 s 35.18.240. Prior: 1955 c 337 s 22; prior: (i) 1943 c 271 s 2, part; Rem. Supp. 1943 s 9198-11, part. (ii) 1943 c 271 s 5; Rem. Supp. 1943 s 9198-14.]

catchline: Organization—Petition.


title: RCW 35.18.250

text:
Upon the filing of a petition for the adoption of the council-manager plan of government, or upon resolution of the council to that effect, the mayor, only after the petition has been found to be valid, by proclamation issued within ten days after the filing of the petition or the resolution with the clerk, shall cause the question to be submitted at a special election to be held at a time specified in the proclamation, which shall be as soon as possible after the sufficiency of the petition has been determined or after the said resolution of the council has been enacted, but in no event shall said special election be held during the ninety day period immediately preceding any regular municipal election therein. All acts necessary to hold this election, including legal notice, jurisdiction and canvassing of returns, shall be conducted in accordance with existing law.
[ 1965 c 7 s 35.18.250. Prior: 1959 c 76 s 4; 1955 c 337 s 23; prior: 1943 c 271 s 2, part; Rem. Supp. 1943 s 9198-11, part.]
Notes:
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.

catchline: Organization—Election procedure.


title: RCW 35.18.260

text:
At the election for organization on the council-manager plan, the proposition on the ballots shall be: "Shall the city (or town) of . . . . . . adopt the council-manager plan of municipal government?" followed by the words:
"For organization as a council-manager city or town . . . ."
"Against organization as a council-manager city or town . . . ."
The election shall be conducted, the vote canvassed and the results declared in the same manner as provided by law in respect to other municipal elections.
[ 1965 c 7 s 35.18.260. Prior: 1943 c 271 s 3; Rem. Supp. 1943 s 9198-12.]

catchline: Organization—Ballots.


title: RCW 35.18.270

text:
If the majority of the votes cast at a special election for organization on the council-manager plan favor the plan, the city or town shall elect the council required under the council-manager plan in number according to its population at the next municipal general election. However, special elections shall be held to nominate and elect the new city councilmembers at the next primary and general election held in an even-numbered year if the next municipal general election is more than one year after the date of the election at which the voters approved the council-manager plan. The staggering of terms of office shall occur at the election when the new councilmembers are elected, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office if the election is held in an odd-numbered year, or one-year terms of office if the election is held in an even-numbered year. The initial councilmembers shall take office immediately when they are elected and qualified, but the lengths of their terms of office shall be calculated from the first day in January in the year following the election.
[ 1994 c 223 s 13; 1979 ex.s. c 126 s 20; 1965 c 7 s 35.18.270. Prior: 1959 c 76 s 5; 1955 c 337 s 12; prior: (i) 1943 c 271 s 8, part; Rem. Supp. 1943 s 9198-17, part. (ii) 1943 c 271 s 4, part; Rem. Supp. 1943 s 9198-13, part.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Organization—Election of council, procedure.


title: RCW 35.18.280

text:
Councilmembers shall take office at the times provided by RCW 35.18.270 as now or hereafter amended. The other city officials and employees who are incumbent at the time the council-manager plan takes effect shall hold office until their successors have been selected in accordance with the provisions of this chapter.
[ 2009 c 549 s 2033; 1965 c 7 s 35.18.280. Prior: 1943 c 271 s 8, part; Rem. Supp. 1943 s 9198-17, part.]

catchline: Organization—Holding over by incumbent officials and employees.


title: RCW 35.18.285

text:
If, at the beginning of the term of office of the first council elected in a city organized under the council-manager plan, the appropriations for the expenditures of the city for the current fiscal year have been made, the council, by ordinance, may revise them but may not exceed the total appropriations for expenditures already specified in the budget for the year.
[ 1965 c 7 s 35.18.285. Prior: 1955 c 337 s 24.]

catchline: Organization—First council may revise budget.


title: RCW 35.18.290

text:
Any city or town which has operated under the council-manager plan for more than six years may abandon such organization and accept the provisions of the general laws then applicable to municipalities upon the petition of not less than twenty percent of the registered voters therein, without changing its classification unless it desires to do so.
[ 1965 ex.s. c 47 s 4; 1965 c 7 s 35.18.290. Prior: 1943 c 271 s 22, part; Rem. Supp. 1943 s 9198-31, part.]

catchline: Abandonment of council-manager plan.


title: RCW 35.18.300

text:
The sufficiency of the petition for abandonment of the council-manager form of government shall be determined, the election ordered and conducted, and the results declared generally as provided for the procedure for reorganizing under the council-manager plan so far as those provisions are applicable.
[ 1965 c 7 s 35.18.300. Prior: 1943 c 271 s 23, part; Rem. Supp. 1943 s 9198-32, part.]
Notes:
Organization on council-manager plan: RCW 35.18.240 through 35.18.285.

catchline: Abandonment—Method.


title: RCW 35.18.310

text:
The proposition to abandon the council-manager plan must be voted on at a special election called for that purpose at which the only proposition to be voted on shall be: "Shall the city (or town) of . . . . . . abandon its organization under the council-manager plan and become a city (or town) under the general law governing cities (or towns) of . . . . . . class?"
[ 1965 c 7 s 35.18.310. Prior: 1943 c 271 s 22 part; Rem. Supp. 1943 s 9198-31, part.]

catchline: Abandonment—Special election necessary.


title: RCW 35.18.320

text:
If a majority of votes cast at the special election favor the abandonment of the council-manager form of government, the officers elected at the next succeeding biennial election shall be those then prescribed for cities or towns of like class. Upon the qualification of such officers, the municipality shall again become organized under the general laws of the state, but such change shall not affect in any manner or degree the property, rights, or liabilities of the corporation but shall merely extend to such change in its form of government.
[ 1965 c 7 s 35.18.320. Prior: 1943 c 271 s 23, part; Rem. Supp. 1943 s 9198-32, part.]

catchline: Abandonment—Effect.


title: RCW 35.20.010

text:
(1) There is hereby created and established in each incorporated city of this state having a population of more than four hundred thousand inhabitants, as shown by the federal or state census, whichever is the later, a municipal court, which shall be styled "The Municipal Court of . . . . . . (name of city)," hereinafter designated and referred to as the municipal court, which court shall have jurisdiction and shall exercise all the powers by this chapter declared to be vested in such municipal court, together with such powers and jurisdiction as is generally conferred in this state either by common law or statute. However, no municipal court established under this section shall have jurisdiction over any matter until six months after a notice of intent to create a new municipal court is sent to the administrative office of the courts.
(2) A municipality operating a municipal court under this section may terminate that court if the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination. However, no municipal court may be terminated under this section unless a notice of intent to terminate is sent to the administrative office of the courts six months in advance of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW.
(3) A city that has entered into an agreement for court services with the county must provide written notice of the intent to terminate the agreement to the county legislative authority and to the administrative office of the courts not less than one year prior to February 1st of the year in which all district court judges are subject to election. A city that terminates an agreement for court services to be provided by a district court may terminate the agreement only at the end of a four-year district court judicial term.
(4) A county that wishes to terminate an agreement with a city for the provision of court services must provide written notice of the intent to terminate the agreement to the city legislative authority and to the administrative office of the courts not less than one year prior to the expiration of the agreement.
[ 2024 c 61 s 5; 2005 c 433 s 37; 2001 c 68 s 3; 1984 c 258 s 201; 1975 c 33 s 4; 1965 c 7 s 35.20.010. Prior: 1955 c 290 s 1.]
Notes:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1975 c 33: See note following RCW 35.21.780.

catchline: Municipal court established—Termination of court—Agreement covering costs of handling resulting criminal cases—Arbitration—Notice.


title: RCW 35.20.020

text:
The municipal court shall be always open except on nonjudicial days. It shall hold regular and special sessions at such times as may be prescribed by the judges thereof. The judges shall have the power to act as magistrates in accordance with the provisions of chapter 10.16 RCW. The legislative body of the city may by ordinance authorize a department of the municipal court to act as a night court, and shall appropriate the necessary funds therefor.
[ 1965 c 7 s 35.20.020. Prior: 1955 c 290 s 2.]

catchline: Sessions—Judges may act as magistrates—Night court.


title: RCW 35.20.030

text:
The municipal court shall have jurisdiction to try violations of all city ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith: PROVIDED, That for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than a fine of five thousand dollars or imprisonment in the city jail for up to three hundred sixty-four days, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. All civil and criminal proceedings in municipal court, and judgments rendered therein, shall be subject to review in the superior court by writ of review or on appeal: PROVIDED, That an appeal from the court's determination or order in a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5). Costs in civil and criminal cases may be taxed as provided in district courts. A municipal court participating in the program established by the administrative office of the courts pursuant to RCW 2.56.160 shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction participating in the program.
[ 2011 c 96 s 24; 2005 c 282 s 41; 2000 c 111 s 7; 1993 c 83 s 3; 1984 c 258 s 801; 1979 ex.s. c 136 s 23; 1965 c 7 s 35.20.030. Prior: 1955 c 290 s 3.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—1993 c 83: See note following RCW 35.21.163.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Jurisdiction—Maximum penalties for criminal violations—Review—Costs.


title: RCW 35.20.090

text:
In all civil cases and criminal cases where jurisdiction is concurrent with district courts as provided in RCW 35.20.250, within the jurisdiction of the municipal court, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court: PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A defendant requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. Where there is more than one defendant in an action and one or more of them requests a jury, only one jury fee shall be collected by the court. Each juror may receive up to twenty-five dollars but in no case less than ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060: PROVIDED, That the compensation paid jurors shall be determined by the legislative authority of the city and shall be uniformly applied. Trial by jury shall be allowed in criminal cases involving violations of city ordinances commencing January 1, 1972, unless such incorporated city affected by this chapter has made provision therefor prior to January 1, 1972.
[ 1987 c 202 s 195; 1980 c 148 s 6. Prior: 1979 ex.s. c 136 s 24; 1979 ex.s. c 135 s 8; prior: 1977 ex.s. c 248 s 3; 1977 ex.s. c 53 s 3; 1969 ex.s. c 147 s 8; 1965 c 7 s 35.20.090; prior: 1955 c 290 s 9.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1980 c 148: See note following RCW 46.10.490.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.

catchline: Trial by jury—Juror's fees.


title: RCW 35.20.100

text:
There shall be three departments of the municipal court, which shall be designated as Department Nos. 1, 2 and 3. However, when the administration of justice and the accomplishment of the work of the court make additional departments necessary, the legislative body of the city may create additional departments as they are needed. The departments shall be established in such places as may be provided by the legislative body of the city, and each department shall be presided over by a municipal judge. However, notwithstanding the priority of action rule, for a defendant incarcerated at a jail facility outside the city limits but within the county in which the city is located, the city may, pursuant to an interlocal agreement under chapter 39.34 RCW, contract with the county to transfer jurisdiction and venue over the defendant to a district court and to provide all judicial services at the district court as would be provided by a department of the municipal court. The judges shall select, by majority vote, one of their number to act as presiding judge of the municipal court for a term of one year, and he or she shall be responsible for administration of the court and assignment of calendars to all departments. A change of venue from one department of the municipal court to another department shall be allowed in accordance with the provisions of RCW 3.66.090 in all civil and criminal proceedings. The city shall assume the costs of the elections of the municipal judges in accordance with the provisions of RCW 29A.04.410.
[ 2015 c 53 s 33; 1997 c 25 s 1; 1984 c 258 s 71; 1972 ex.s. c 32 s 1; 1969 ex.s. c 147 s 1; 1967 c 241 s 2; 1965 c 7 s 35.20.100. Prior: 1955 c 290 s 10.]
Notes:
Effective date—1997 c 25: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 15, 1997]." [ 1997 c 25 s 2.]
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1967 c 241: See note following RCW 3.66.090.

catchline: Departments of court—Jurisdiction and venue—Presiding judge—Costs of election.


title: RCW 35.20.105

text:
There shall be a court administrator of the municipal court appointed by the judges of the municipal court, subject to confirmation by a majority of the legislative body of the city, and removable by the judges of the municipal court subject to like confirmation. Before entering upon the duties of his or her office the court administrator shall take and subscribe an oath the same as required for officers of the city, and shall execute a penal bond in such sum and with such sureties as the legislative body of the city may direct and subject to their approval, conditioned for the faithful performance of his or her duties, and that he or she will pay over to the treasurer of said city all moneys belonging to the city which shall come into his or her hands as such court administrator. The court administrator shall be paid such compensation as the legislative body of the city may deem reasonable. The court administrator shall act under the supervision and control of the presiding judge of the municipal court and shall supervise the functions of the chief clerk and director of the traffic violations bureau or similar agency of the city, and perform such other duties as may be assigned to him or her by the presiding judge of the municipal court.
[ 2009 c 549 s 2034; 1969 ex.s. c 147 s 2.]

catchline: Court administrator.


title: RCW 35.20.110

text:
The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of The Municipal Court of . . . . . . (name of city), State of Washington," surrounding the vignette. All process from such court runs throughout the state. The supreme court may determine by rule what process must be issued under seal.
[ 1999 c 152 s 3; 1965 c 7 s 35.20.110. Prior: 1955 c 290 s 11.]

catchline: Seal of court—Extent of process.


title: RCW 35.20.120

text:
All blanks, books, papers, stationery and furniture necessary for the transaction of business and the keeping of records of the court shall be furnished at the expense of the city, except those expenses incidental to the operation of the court in matters brought before the court because of concurrent jurisdiction with the district court, which expense shall be borne by the county and paid out of the county treasury. All other expenses on account of such court which may be authorized by the city council or the county commissioners and which are not specifically mentioned in this chapter, shall be paid respectively out of the city treasury and county treasury.
[ 1987 c 202 s 196; 1965 c 7 s 35.20.120. Prior: 1955 c 290 s 12.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Expenses of court.


title: RCW 35.20.131

text:
There shall be a director of the traffic violations bureau or such similar agency of the city as may be created by ordinance of said city. Said director shall be appointed by the judges of the municipal court subject to such civil service laws and rules as may be provided in such city. Said director shall act under the supervision of the court administrator of the municipal court and shall be responsible for the supervision of the traffic violations bureau or similar agency of the city. Upon *this 1969 amendatory act becoming effective those employees connected with the traffic violations bureau under civil service status shall be continued in such employment and such classification. Before entering upon the duties of his or her office said director shall take and subscribe an oath the same as required for officers of the city and shall execute a penal bond in such sum and with such sureties as the legislative body of the city may direct and subject to their approval, conditioned for the faithful performance of his or her duties, and that he or she will faithfully account to and pay over to the treasurer of said city all moneys belonging to the city which shall come into his or her hands as such director. Said director shall be paid such compensation as the legislative body of the city may deem reasonable.
[ 2009 c 549 s 2035; 1969 ex.s. c 147 s 3.]
Notes:
*Reviser's note: "this 1969 amendatory act" [1969 ex.s. c 147] became effective August 11, 1969.

catchline: Director of traffic violations.


title: RCW 35.20.140

text:
It shall be the duty of the judges to meet together at least once each month, except during the months of July and August, at such hour and place as they may designate, and at such other times as they may desire, for the consideration of such matters pertaining to the administration of justice in said court as may be brought before them. At these meetings they shall receive and investigate, or cause to be investigated, all complaints presented to them pertaining to the court and the employees thereof, and shall take such action as they may deem necessary or proper with respect thereto. They shall have power and it shall be their duty to adopt, or cause to be adopted, rules and regulations for the proper administration of justice in said court.
[ 1965 c 7 s 35.20.140. Prior: 1955 c 290 s 14.]

catchline: Monthly meeting of judges—Rules and regulations of court.


title: RCW 35.20.150

text:
The municipal judges shall be elected on the first Tuesday after the first Monday in November, 1958, and on the first Tuesday after the first Monday of November every fourth year thereafter by the electorate of the city in which the court is located. The auditor of the county concerned shall designate by number each position to be filled in the municipal court, and each candidate at the time of the filing of his or her declaration of candidacy shall designate by number so assigned the position for which he or she is a candidate, and the name of such candidate shall appear on the ballot only for such position. The name of the person who receives the greatest number of votes and of the person who receives the next greatest number of votes at the primary for a single nonpartisan position shall appear on the general election ballot under the designation therefor. Elections for municipal judge shall be nonpartisan. They shall hold office for a term of four years and until their successors are elected and qualified. The term of office shall start on the second Monday in January following such election. Any vacancy in the municipal court due to a death, disability or resignation of a municipal court judge shall be filled by the mayor, to serve out the unexpired term. Such appointment shall be subject to confirmation by the legislative body of the city.
[ 2009 c 549 s 2036; 1975-'76 2nd ex.s. c 120 s 7; 1965 c 7 s 35.20.150. Prior: 1961 c 213 s 1; 1955 c 290 s 15.]
Notes:
Severability—1975-'76 2nd ex.s. c 120: See note following RCW 29A.52.210.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.

catchline: Election of judges—Vacancies.


title: RCW 35.20.155

text:
When so authorized by the city legislative authority, the judges of the city may appoint one or more municipal court commissioners. A commissioner must be a registered voter of the city, and shall hold office at the pleasure of the appointing judges. A person appointed as a commissioner authorized to hear or dispose of cases must be a lawyer who is admitted to the practice of law in the state of Washington. A commissioner has such power, authority, and jurisdiction in criminal and civil matters as the appointing judges possess and may prescribe.
[ 1996 c 16 s 3.]

catchline: Municipal court commissioners—Appointment, powers.


title: RCW 35.20.160

text:
The total of the salaries of each municipal judge under this chapter shall be fixed by the legislative body of the city at not less than nine thousand dollars per annum, to be paid in monthly or semimonthly installments as for other officials of the city, and such total salaries shall not be more than the salaries paid the superior court judges in the county in which the court is located.
[ 1965 c 147 s 3; 1965 c 7 s 35.20.160. Prior: 1955 c 290 s 16.]
Notes:
Cities over four hundred thousand, district court judges' salaries: RCW 3.58.010.

catchline: Judges' salaries.


title: RCW 35.20.170

text:
No person shall be eligible to the office of judge of the municipal court unless he or she shall have been admitted to practice law before the courts of record of this state and is an elector of the city in which he or she files for office. No judge of said court during his or her term of office shall engage either directly or indirectly in the practice of law.
[ 2009 c 549 s 2037; 1965 c 7 s 35.20.170. Prior: 1955 c 290 s 17.]

catchline: Qualifications of judges—Practice of law prohibited.


title: RCW 35.20.175

text:
(1) A municipal court judicial officer shall not preside in any of the following cases:
(a) 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.
(b) 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: (i) The arrangement of the calendar; (ii) the setting of an action, motion, or proceeding for hearing or trial; (iii) the arraignment of the accused; or (iv) the fixing of bail and initially setting conditions of release. Only one change of judicial officer is allowed each party in an action or proceeding.
(2) When a judicial officer is disqualified under this section, the case shall be heard before another judicial officer of the municipality.
(3) For the purposes of this section, "judicial officer" means a judge, judge pro tempore, or court commissioner.
[ 2008 c 227 s 10.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.

catchline: Judicial officers—Disqualification.


title: RCW 35.20.180

text:
Every judge of such municipal court, before he or she enters upon the duties of his or her office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the municipal court of the city of . . . . . . (naming such city) according to the best of my ability; and I do further certify that I do not advocate, nor am I a member of an organization that advocates, the overthrow of the government of the United States by force or violence." The oath shall be filed in the office of the county auditor. He or she shall also give such bonds to the state and city for the faithful performance of his or her duties as may be by law or ordinance directed.
[ 2009 c 549 s 2038; 1965 c 7 s 35.20.180. Prior: 1955 c 290 s 18.]

catchline: Judges' oath of office, official bonds.


title: RCW 35.20.190

text:
Whenever the number of departments of the municipal court is increased, the mayor of such city shall appoint a qualified person as provided in RCW 35.20.170 to act as municipal judge until the next general election. He or she shall be paid salaries in accordance with the provisions of this chapter and provided with the necessary court, office space and personnel as authorized herein.
[ 2009 c 549 s 2039; 1967 c 241 s 4; 1965 c 7 s 35.20.190. Prior: 1955 c 290 s 19.]
Notes:
Application—1967 c 241: See note following RCW 3.66.090.

catchline: Additional judge.


title: RCW 35.20.200

text:
(1) The presiding municipal court judge shall appoint judges pro tempore who shall act in the absence of the regular judges of the court or in addition to the regular judges when the administration of justice and the accomplishment of the work of the court make it necessary. The presiding municipal court judge may appoint, as judges pro tempore, any full-time district court judges serving in the county in which the city is situated. The term of office must be specified in writing.
(2) A judge pro tempore must be an elector of this state and an attorney admitted to practice law before the courts of record of this state. A judge pro tempore need not be a resident of the city in which the municipal court is located.
(3) While acting as judge of the court, judges pro tempore shall have all of the powers of the regular judges. Before entering upon his or her duties, each judge pro tempore shall take, subscribe and file an oath as is taken by a municipal judge. Judges pro tempore shall not practice before the municipal court during their term of office as judge pro tempore.
(4) Municipal judges pro tempore shall receive such compensation as shall be fixed by ordinance by the legislative body of the city and such compensation shall be paid by the city except that district court judges shall not be compensated by the city other than pursuant to an interlocal agreement.
[ 2025 c 36 s 1; 2000 c 55 s 2; 1996 c 16 s 2; 1990 c 182 s 1; 1972 ex.s. c 32 s 2; 1965 c 7 s 35.20.200. Prior: 1955 c 290 s 20.]
Notes:
Judges pro tempore appointments: RCW 3.02.060.

catchline: Judges pro tempore.


title: RCW 35.20.205

text:
The judges of the municipal court may employ judicial officers to assist in the administration of justice and the accomplishment of the work of the court as said work may be assigned to it by statute or ordinance. The duties and responsibilities of such officers shall be judicial in nature and shall be fixed by court rule as adopted by the municipal court judges or fixed by ordinance of the city. The judicial officers may be authorized to hear and determine cases involving the commission of traffic infractions as provided in chapter 46.63 RCW. The *mayor may appoint the judicial officers as judges pro tempore pursuant to RCW 35.20.200: PROVIDED, That the judicial officer need not be a resident of the city.
To utilize the services of such judicial officers for the purpose of hearing contested matters relating to the interest of the city and its citizens and the operation of the various departments of the city, the city may by ordinance create the office of hearing examiner in the municipal court and assign to it judicial duties and responsibilities.
[ 1980 c 128 s 7; 1975 1st ex.s. c 214 s 1.]
Notes:
*Reviser's note: "Mayor" was replaced by "presiding municipal court judge" as the appointing authority for judges pro tempore in RCW 35.20.200, by 2000 c 55 s 2.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.

catchline: Judicial officers—Hearing examiner.


title: RCW 35.20.210

text:
There shall be a chief clerk of the municipal court appointed by the judges of the municipal court subject to such civil service laws and rules as may be provided in such city. After August 11, 1969, those employees connected with the court under civil service status shall be continued in such employment and such classification. Before the chief clerk enters upon the duties of the chief clerk's office, the chief clerk shall take and subscribe an oath the same as required for officers of the city, and shall execute a penal bond in such sum and with such sureties as the legislative body of the city may direct and subject to their approval, conditioned that the chief clerk will faithfully account to and pay over to the treasurer of said city all moneys coming into his or her hands as such clerk, and that he or she will faithfully perform the duties of his or her office to the best of his or her knowledge and ability. Upon the recommendation of the judges of the municipal court, the legislative body of the city may provide for the appointment of such assistant clerks of the municipal court as said legislative body deems necessary, with such compensation as said legislative body may deem reasonable and such assistant clerks shall be subject to such civil service as may be provided in such city: PROVIDED, That the judges of the municipal court shall appoint such clerks as the board of county commissioners may determine to handle cases involving violations of state law, wherein the court has concurrent jurisdiction with the district and superior court. All clerks of the court shall have power to administer oaths, swear and acknowledge signatures of those persons filing complaints with the court, take testimony in any action, suit or proceeding in the court relating to the city or county for which they are appointed, and may certify any records and documents of the court pertaining thereto. They shall give bond for the faithful performance of their duties as required by law.
[ 1987 c 202 s 197; 1969 ex.s. c 147 s 4; 1965 c 7 s 35.20.210. Prior: 1955 c 290 s 21.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Clerks of court.


title: RCW 35.20.220

text:
(1) The chief clerk, under the supervision and direction of the court administrator of the municipal court, shall have the custody and care of the books, papers and records of the court. The chief clerk or a deputy shall be present during the session of the court and has the power to swear all witnesses and jurors, administer oaths and affidavits, and take acknowledgments. The chief clerk shall keep the records of the court and shall issue all process under his or her hand and the seal of the court. The chief clerk shall do and perform all things and have the same powers pertaining to the office as the clerks of the superior courts have in their office. He or she shall receive all fines, penalties, and fees of every kind and keep a full, accurate, and detailed account of the same. The chief clerk shall on each day pay into the city treasury all money received for the city during the day previous, with a detailed account of the same, and taking the treasurer's receipt therefor.
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions and certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited in the state general fund.
(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
(4)(a) Except as provided in (b) of this subsection, penalties, fines, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, and costs imposed against a defendant in a criminal proceeding shall not accrue interest.
(5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the state general fund, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts.
[ 2018 c 269 s 5; 2012 c 136 s 7; 2012 c 134 s 9; 2009 c 479 s 19; 2004 c 15 s 9; 1995 c 291 s 4; 1988 c 169 s 6; 1985 c 389 s 8; 1984 c 258 s 319; 1969 ex.s. c 147 s 5; 1965 c 7 s 35.20.220. Prior: 1955 c 290 s 22.]
Notes:
Construction—2018 c 269: See note following RCW 10.82.090.
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2004 c 15: See note following RCW 10.99.080.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.

catchline: Powers and duties of chief clerk—Remittance by city treasurer—Interest—Disposition.


title: RCW 35.20.230

text:
The judges of the municipal court shall appoint a director of probation services who shall, under the direction and supervision of the court administrator of the municipal court, supervise the probation officers of the municipal court. The judges of the municipal court shall also appoint a bailiff for the court, together with such number of probation officers and additional bailiffs as may be authorized by the legislative body of the city. The director of probation services, probation officers, and bailiff or bailiffs shall be paid by the city treasurer in such amount as is deemed reasonable by the legislative body of the city: PROVIDED, That such additional probation officers and bailiffs of the court as may be authorized by the county commissioners shall be paid from the county treasury.
[ 1998 c 238 s 1; 1969 ex.s. c 147 s 6; 1965 c 7 s 35.20.230. Prior: 1955 c 290 s 23.]

catchline: Director of probation services—Probation officers—Bailiffs.


title: RCW 35.20.240

text:
Upon the effective date of this chapter (June 8, 1955), any justice of the peace who was the duly appointed and acting police justice of the city shall become a judge of the municipal court upon his or her filing his or her oath of office and bond as required by this chapter, and shall serve as a judge of said municipal court until the regularly elected judges of the court shall qualify following their election in 1958, or thereafter as provided in RCW 35.20.150. Such judge shall be paid salaries in accordance with this chapter while so serving. Such salaries from the city and county shall be in lieu of those now (June 8, 1955) being paid to the justice of the peace acting as police justice of the city court: PROVIDED, That upon the justices of the peace qualifying as municipal judges under this chapter, the number of justices of the peace for such city shall be reduced accordingly as provided in RCW 35.20.190. Should any justice of the peace acting as police judge fail to qualify as a judge of the municipal court, the mayor of such city shall designate one of the other justices of the peace of that city to act as municipal judge until the next general election in November, 1958, and the qualifying of the regularly elected judge. All furniture and equipment belonging to the city and county in which the court is situated, now under the care and custody of the justice of the peace and municipal judge, shall be transferred to the municipal court for use in the operation and maintenance of such court.
[ 2009 c 549 s 2041; 1965 c 7 s 35.20.240. Prior: 1955 c 290 s 24.]
Notes:
Reviser's note: Justices of the peace and courts to be construed to mean district judges and courts. See RCW 3.30.015.

catchline: First judges—Transfer of equipment.


title: RCW 35.20.250

text:
The municipal court shall have concurrent jurisdiction with the superior court and district court in all civil and criminal matters as now provided by law for district judges, and a judge thereof may sit in preliminary hearings as magistrate. Fines, penalties, and forfeitures before the court under the provisions of this section shall be paid to the county treasurer as provided for district court and commitments shall be to the county jail. Appeals from judgment or order of the court in such cases shall be governed by the law pertaining to appeals from judgments or orders of district judges operating under chapter 3.30 RCW.
[ 1987 c 202 s 198; 1979 ex.s. c 136 s 25; 1969 ex.s. c 147 s 7; 1965 c 7 s 35.20.250. Prior: 1955 c 290 s 25.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Concurrent jurisdiction with superior court and district court.


title: RCW 35.20.255

text:
(1) Except as provided in subsection (3) of this section, judges of the municipal court, in their discretion, shall have the power in all criminal proceedings within their jurisdiction including violations of city ordinances, to defer imposition of any sentence, suspend all or part of any sentence including installment payment of fines, fix the terms of any such deferral or suspension, and provide for such probation as in their opinion is reasonable and necessary under the circumstances of the case, but in no case shall it extend for more than five years from the date of conviction for a defendant to be sentenced for a domestic violence offense or under RCW 46.61.5055 and two years from the date of conviction for all other offenses. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record. However, the jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720. Any time before entering an order terminating probation, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence. For the purposes of this subsection, "domestic violence offense" means a crime listed in RCW 10.99.020 that is not a felony offense.
(2)(a) If a defendant whose sentence has been deferred requests permission to travel or transfer to another state, the director of probation services or a designee thereof shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the director or designee shall:
(i) Notify the department of corrections of the defendant's request;
(ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
(iii) Notify the defendant of the fee due to the department of corrections for processing an application under the compact;
(iv) Cease supervision of the defendant while another state supervises the defendant pursuant to the compact;
(v) Resume supervision if the defendant returns to this state before the period of deferral expires.
(b) The defendant shall receive credit for time served while being supervised by another state.
(c) If the probationer is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the probationer.
(d) The state of Washington, the department of corrections and its employees, and any city and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence.
(3) Judges of the municipal court shall not defer sentence for an offense sentenced under RCW 46.61.5055.
[ 2013 2nd sp.s. c 35 s 7; 2010 c 274 s 407; 2005 c 400 s 5; 2001 c 94 s 3; 1999 c 56 s 3; 1983 c 156 s 8; 1969 ex.s. c 147 s 9.]
Notes:
Intent—2010 c 274: See note following RCW 10.31.100.
Application—Effective date—2005 c 400: See notes following RCW 9.94A.74504.

catchline: Deferral or suspension of sentences—Probation—Maximum term—Transfer to another state.


title: RCW 35.20.258

text:
Before a sentence is imposed upon a defendant convicted of a crime against property, the court or the prosecuting authority shall check existing judicial information systems to determine the criminal history of the defendant.
[ 2009 c 431 s 18.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.

catchline: Sentencing—Crimes against property—Criminal history check.


title: RCW 35.20.260

text:
The court shall have authority to subpoena witnesses as now authorized in superior courts throughout the state. Such witnesses shall be paid according to law with mileage as authorized for witnesses to such cases.
[ 1965 c 7 s 35.20.260. Prior: 1955 c 290 s 26.]

catchline: Subpoenas—Witness fees.


title: RCW 35.20.270

text:
(1) All criminal and civil process issuing out of courts created under this title shall be directed to the chief of police of the city served by the court and/or to the sheriff of the county in which the court is held and/or the warrant officers and be by them executed according to law in any county of this state.
(2) No process of courts created under this title shall be executed outside the corporate limits of the city served by the court unless the person authorized by the process first contacts the applicable law enforcement agency in whose jurisdiction the process is to be served.
(3) Upon a defendant being arrested in another city or county the cost of arresting or serving process thereon shall be borne by the court issuing the process including the cost of returning the defendant from any county of the state to the city.
[ 2015 c 288 s 3; 1992 c 99 s 1; 1977 ex.s. c 108 s 1.]

catchline: Service of criminal and civil process—Jurisdiction—Costs.


title: RCW 35.20.280

text:
Any city operating a municipal court under this chapter that receives state contribution for municipal court judges' salaries under RCW 2.56.030 shall create a city trial court improvement account. An amount equal to one hundred percent of the state's contribution for the payment of municipal judges' salaries shall be deposited into the account. Money in the account shall be used to fund improvements to the municipal court's staffing, programs, facilities, or services, as appropriated by the city legislative authority.
[ 2005 c 457 s 5.]
Notes:
Intent—2005 c 457: See note following RCW 43.08.250.

catchline: City trial court improvement account—Contribution by city to account—Use of funds.


title: RCW 35.20.290

text:
The provisions of RCW 2.28.300 through 2.28.330 apply to municipal courts.
[ 2020 c 37 s 8.]
Notes:
Findings—Short title—2020 c 37: See notes following RCW 2.28.300.

catchline: Applicability of courts open to all act.


title: RCW 35.20.910

text:
All acts or parts of acts which are inconsistent or conflicting with the provisions of this chapter, are hereby repealed or modified accordingly. No provision of this chapter shall be construed as repealing or anywise limiting or affecting the jurisdiction of district judges under the general laws of this state.
[ 1987 c 202 s 199; 1965 c 7 s 35.20.910. Prior: 1955 c 290 s 28.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Construction of other laws.