CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to removing the City residency requirement for judges pro tempore in Seattle; amending Section 3.33.140 of the Seattle Municipal Code.
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WHEREAS, the Washington State Legislature has amended Revised Code of Washington (RCW) 35.20.200 to provide, among other things, that the Presiding Judge has the authority to appoint Municipal Court judges pro tempore, and that the terms of office of judges pro tempore must be specified in writing; and
WHEREAS, under Washington State case law the maximum term of appointment for judges pro tempore appointed pursuant to the authority of an individual elected official cannot extend beyond the term of office of that elected official; and
WHEREAS, Seattle Municipal Code (SMC) 3.33.140, governing the appointment of Municipal Court judges pro tempore, should be consistent with RCW 35.20.200 and further should clearly set forth the maximum allowable term of appointment consistent with state law; and
WHEREAS, RCW 35.20.200 only applies to cities that have more than 400,000 residents and all other municipal and district courts are authorized to use pro tem judges without a city residency requirement; and
WHEREAS, it has been increasingly difficult to find qualified pro tem judges who reside in Seattle, and without available pro tem judges court calendars may need to be canceled; and
WHEREAS, RCW 35.20.200 was revised in the 2025 Legislative Session to allow for Seattle Municipal Court to use pro tem judges who reside outside Seattle; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 3.33.140 of the Seattle Municipal Code, last amended by Ordinance 120002, is amended as follows:
3.33.140 Judges pro tempore((.))
A. The Presiding Municipal Court Judge shall((, from attorneys residing in the City and qualified to hold the position of judge of the Municipal Court as provided in RCW 35.20.17...
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