Wash. Rev. Code § 3.50.090

Current through 2024

Section 3.50.090 - Judges pro tem

(1) In addition to the designation of a presiding judge pro tempore for a single judge court as provided in RCW 3.50.090(2) [subsection (2) of this section], the presiding municipal court judge may designate one or more persons as judges pro tem to serve in the absence or disability of the elected or duly appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in addition to the elected or duly appointed judges when the administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly appointed or elected judge. Such pro tempore judges shall receive such compensation as shall be fixed by ordinance by the municipality in which the court is located and such compensation shall be paid by the municipality.

(2) If a presiding municipal court judge is the single judge of the court, then pursuant to court rule or RCW 2.56.040(2), a presiding judge pro tempore may be predesignated or appointed to fulfill presiding judge duties in case of the illness, incapacity, resignation, death, or unavailability of the presiding judge. In such circumstances, the authority of the predesignated or appointed presiding judge pro tempore endures until the chief justice appoints someone else to fulfill the presiding judge duties pursuant to RCW 2.56.040(2)(b), or the period of such illness, incapacity, or unavailability ends, or until a vacancy in the position is filled as provided by law, whichever occurs first.

RCW 3.50.090

Amended by 2022 c 74,§ 11, eff. 6/9/2022.

2000 c 55 § 1; 1984 c 258 § 112; 1961 c 299 § 58.

Court Improvement Act of 1984-Effective dates-Severability-Short title-1984 c 258: See notes following RCW 3.30.010.

Application-1984 c 258 ss 101-139: See note following RCW 3.50.005.

Judges pro tempore appointments: RCW 3.02.060.