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Home My WebLink Aboutres2013-006 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-082 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: twit 2/4/13 2/12/13 Finance Originator: Council Division Head: RE t L:22 C V LB D Dept. Head: FEB 0 5 2013 Prosecutor: Y1/40.-Ni a - to- Z WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: . 4, TITLE OF DO /ir) : Resolution requesting State legislative action authorizing the addition of a fourth Superior Court Judge' s position for Whatcom County. ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) With the support of the Superior Court Judges, the Executive requests Council reaffirm their support to urge that the Washington State Legislature, in its session which commences in January 2013, adopt an amendment to RCW 2.08 .063 to provide for an increase from three to four judges of the Superior Court in Whatcom County, effective on the Pt day of January, 2015 . COMMITTEE ACTION: COUNCIL ACTION: 2 / 12 / 2013 : Forwarded to Council for approval . 2 / 12 / 2013 : Council Approved 7 -0 Res . 2013-006 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res . 2013 -006 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www.co. whatcom. wa.us/council. SPONSORED BY : Consent PROPOSED BY: Executive INTRODUCTION DATE: 2/ 12/ 13 Resolution 2013- 006 REQUESTING STATE LEGISLATIVE ACTION AUTHORIZING THE ADDITION OF A FOURTH SUPERIOR COURT JUDGE'S POSITION FOR WHATCOM COUNTY WHEREAS, the Washington State Legislature authorizes the number of Superior Court judges that may be seated in each county of the state; and WHEREAS, in RCW 2.08 .063 the legislature has authorized three Superior Court judges for Whatcom County; and WHEREAS, the third Superior Court judge' s position for Whatcom County was approved by the legislature in 1973, and that position was first filled and has been utilized since 1975; and WHEREAS, the population of Whatcom County was 89, 700 in 1973, was 93,300 in 1975, and now is 203,663; and WHEREAS, the population figures cited above demonstrate an increase in Whatcom County' s population that is more than double what it was in 1975; and WHEREAS, the population of the State of Washington is 6,897,012, with 199 authorized Superior Court Judges, for an average of 34,658 persons per Superior Court judge' s position; and WHEREAS, the average number of persons per Superior Court judge in Whatcom County is now in excess of 67,887 nearly twice the state average; and WHEREAS, the next highest ratio of persons to judge exists in Snohomish County, where there are 47,555 persons per Superior Court judge; and WHEREAS, in Skagit County, the closest neighboring county to Whatcom County, there are four Superior Court judges with a county population of 116,901, for an average of 29,225 persons per Superior Court judge; and WHEREAS, if Whatcom County acquired an additional Superior Court judge, its ratio of population to judge would be 50,915 persons per judge, which would still be the highest ratio of persons per judge among all of the counties in Washington; and WHEREAS, the number of criminal felony case filings in 1975, when the third Superior Court judge' s position was added, was 312, while the number of criminal felony case filings in 2012, was 1,437, which was 4.5 times as many felony cases as were filed in 1975; and WHEREAS, there have been increases in the number of civil case filings in Whatcom County Superior Court have now reached 4,985; and WHEREAS, in the past several decades the Whatcom County Superior Court has attempted to manage that sharply increasing caseload by adding commissioners instead of judges; and WHEREAS, though a limited portion of the judicial caseload can be reduced by the addition of commissioners, commissioners cannot hear jury trials and there are significant efficiencies that are lost by utilizing commissioners instead of judges; and WHEREAS, direct accountability of the judiciary to the electorate as provided in Washington State' s constitution and statutes through election of judges to four- year terms is reduced when cases are shifted for processing and resolution from judges subject to election to appointed, non-elected commissioners; and WHEREAS, the vast increase in both criminal and civil caseloads in Superior Court since the addition of the third judge in 1975 has resulted in a progressive lengthening of time necessary to process cases to completion; and WHEREAS, the greater length of time involved in processing of criminal cases has lead to increased costs of incarceration, prosecution, and criminal defense, most of which are borne by the County government; and WHEREAS, the priority granted to the processing of criminal cases over civil cases due to the constitutional protections afforded to criminal defendants has produced commensurate delays in the processing of civil cases; and WHEREAS, such delays result in increased public and private costs as civil cases are handled less efficiently due to the need for continuances occasioned by delay and the difficulty in getting firm trial dates, with concomitant increases in costs to private parties for legal services, as well as the frustration of delayed resolution of matters that are of considerable importance to the parties in the lawsuits; and WHEREAS, Whatcom County is prepared and willing to budget for the necessary expenditures that will attend the addition of a fourth Superior Court judge' s position, including one-half of the salary for that position pursuant to Article IV, § 13 of the Washington Constitution, and the full cost of providing adequate physical facilities and personnel to support that position; NOW, THEREFORE BE IT RESOLVED, the Whatcom County Council hereby resolves to recommend and urge that the Washington State Legislature, in its session which commences in January 2013; adopt an amendment to RCW 2.08 .063 to provide for an increase from three to four judges of the Superior Court in Whatcom County, effective on the 1St day of January, 2015, to be filled at Gubernatorial appointment per RCW 2 .08.069, with the actual starting date for this position to be the first week in January, 2015, and with a concomitant state budgetary adjustment as necessary. to APPROVE + ( I day of February , 2013 pa S.�k ° ,� p,T C �v • , WHATCOM COUNTY COUNCIL . $C%( • • 9e5 "_ A w WHATCOM COUNTY, WASHINGTON aAri = P Dana row°rt- i '. SM\N . • ' , j, • . . . . . ` Kathy Kershner Clerk ofte Council 3 �sS Council Chair APPROVED AS TO FORM: reRcejit . •• . �)j Randall Watts, Civil Deputy Pros utor