Ordinance No. 2022-07 relating to updating Chapter 2.20 BIMC (Adopted 052422)Page 1 of 4
ORDINANCE NO. 2022-07
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to amending Chapter 2.20 of the Bainbridge Island Municipal Code in
response to newly passed legislation and to update certain sections related
to judicial appointments and salary adjustments.
WHEREAS, the Washington State Legislature passed House Bill 1825 (“HB
1825”) in its 2022 regular session, relating to continuity of judicial operations in single
judge courts; and
WHEREAS, Governor Jay Inslee signed HB 1825 into law on March 17, 2022,
with an effective date of June 9, 2022; and
WHEREAS, HB 1825 amends, in relevant part, RCW 2.56.040 and RCW
3.50.090, and adds new sections to Chapters 2.56 RCW and 3.50 RCW; and
WHEREAS, the changes made through HB 1825 relate, in part, to the definition
of single judge courts, appointment of a presiding judge pro tempore, predesignation of a
presiding judge pro tempore, and the duties of a presiding judge pro tempore; and
WHEREAS, Chapter 2.20 of the Bainbridge Island Municipal Code (“BIMC”)
relates to the City’s municipal court; and
WHEREAS, BIMC 2.20.030 provides the process for appointing a municipal
court judge and directs that the municipal court judge shall be appointed by the city
manager, subject to confirmation by the city council; and
WHEREAS, BIMC 2.20.040.B. currently provides that the municipal court
judge’s salary is automatically adjusted as of September 1 of each year, and the
Washington Citizens’ Commission on Salaries for Elected Officials changed the timing
of those adjustments such that the adjustments occur on July 1 of each year, and
WHEREAS, the current text of BIMC 2.20.070 directs that any vacancy in the
municipal court judge position shall be filled by the mayor; and
WHEREAS, the city council desires to harmonize the terms of BIMC 2.20.030
and BIMC 2.20.070 by vesting the authority to appoint a municipal court judge, when a
vacancy in the municipal court judge position arises, with the city manager, subject to
confirmation by the city council; and
WHEREAS, the city council also desires to update the BIMC to be in harmony
with the changes made related to HB 1825.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. A new Section 2.20.025 is hereby added to the Bainbridge Island
Municipal Code to read as follows:
2.20.025 Single judge court.
The municipal court is a “single judge court” as contemplated by state law, including
Chapter 2.56 RCW.
Section 2. Section 2.20.030 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
A. The municipal judge holding office on July 1, 1984, the effective date of the ordinance
codified in this chapter, shall continue to hold office until expiration of his or her term or
January 1, 1986, whichever occurs first. The term of a successor shall commence on
January 1, 1986, and/or January 1st of each fourth year thereafter, pursuant to
appointment as provided below.
B. The municipal judge shall be appointed by the city manager, subject to confirmation
by the city council, for a term of four years. Appointments shall be made on or before
December 1st of the year next preceding the year in which the term commences.
C. A person appointed as municipal judge shall be a citizen of the United States of
America and of the state of Washington; and an attorney admitted to practice law before
the courts of record of the state of Washington.
D. The municipal judge shall be the presiding judge.
Section 3. Section 2.20.040.B. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
B. Commencing September 1, 2014, and thereafter on the first day of SeptemberJuly of
each successive year, the full-time equivalent base amount for the salary paid to the
Bainbridge Island municipal court judge shall automatically be adjusted to an amount
equal to 95 percent of the salary of district court judges as set by the Washington
Citizens’ Commission on Salaries for Elected Officials.
Section 4. Section 2.20.060 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
A. The designation of, and other matters related to, the presiding judge pro tem and other
judges pro tem shall be governed by Chapter 3.50 RCW, including RCW 3.50.090. To
the extent that there is any text in this section that differs from Chapter 3.50 RCW, this
section is intended to be consistent with that chapter.
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B. The municipal judge shall, in writing, predesignate a presiding judge pro tem to fulfill
presiding judge duties in case of the illness, incapacity, resignation, death, or
unavailability of the presiding judge.
C. The municipal judge shall, in writing, also designate other judges pro tem who shall
act in the absence or disability of the regular judge of the municipal court or subsequent
to the filing of an affidavit of prejudice. The judge pro tem shall be qualified to hold the
position of judge of the municipal court as provided herein. The judge pro tem shall
receive such compensation as shall be fixed by ordinance.
D. The presiding judge pro tem and any other judges pro tem shall be qualified to hold
the position of judge of the municipal court as provided herein and as set forth in Chapter
3.50 RCW.
E. The presiding judge pro tem and any other judges pro tem shall receive compensation
at the rate of seventy-five dollars ($75.00) per hour. Effective January 1, 2023, the base
rate of pay in effect on December 31, 2022 shall be increased by the amount of the June-
June Seattle-Tacoma-Bellevue, All Items, CPI-U, for the most recent previous year, as is
supplied by the United States Department of Labor, Bureau of Labor Statistics. Unless
otherwise provided for by law, the presiding judge pro tem shall be compensated at the
same rate as any other judge pro tem.
Section 5. Section 2.20.070 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
Any vacancy in the municipal court due to a death, disability or resignation of a
municipal court judge shall be filled by the mayorcity manager for the remainder
of the unexpired term. The appointment shall be subject to confirmation of the
city council. The appointed judge shall be qualified to hold the position of judge
of the municipal court as provided in this chapter.
Section 6. Severability. Should any section, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
Section 7. This ordinance shall take effect and be in force five (5) days from its
passage and publication as required by law.
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PASSED by the City Council this 24th day of May, 2022.
APPROVED by the Mayor this 24th day of May, 2022.
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: May 5, 2022
PASSED BY THE CITY COUNCIL: May 24, 2022
PUBLISHED: June 3, 2022
EFFECTIVE DATE: June 8, 2022
ORDINANCE NUMBER: 2022-07