HomeMy WebLinkAboutord2022-009strike• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2022-048
File ID: AB2022-048 Version: 1 Status: Adopted
File Created: 01/11/2022 Entered by: MRouse@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council Criminal Justice and Public Safety Committee Final Action: 02/08/2022
Agenda Date: 02/08/2022 Enactment #: ORD 2022-009
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance authorizing Superior Court to appoint a statutory commissioner
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This ordinance will amend Whatcom County Code 2.15 to create a statutory court commissioner
position in Whatcom County Superior Court.
HISTORY OF LEGISLATIVE FILE
Date:
Acting Body:
Action: Sent To:
01/25/2022
Council
INTRODUCED Council Criminal Justice and
Public Safety Committee
Aye:
7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay:
0
Absent:
0
02/08/2022
Council Criminal Justice and Public
FORWARDED TO COUNCIL
Safety Committee
WITH RECOMMENDED
MOTION(S)
02/08/2022
Council
ADOPTED
Aye:
7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay:
0
Absent:
0
Whatcom County Page 1 Printed on 21912022
Agenda Bill Master Report Continued (AB2022-048)
Attachments: Proposed Ordinance
Whatcom County Page 2 Printed on 2/9/2022
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PROPOSED BY: SUPERIOR COURT
INTRODUCTION DATE: JANUARY 25, 2022
ORDINANCE NO. 2022-009
ORDINANCE AUTHORIZING SUPERIOR COURT TO APPOINT
A STATUTORY COMMISSIONER
WHEREAS;, the Whatcom County Superior Court is limited by the Washington State
Constitution to three full-time constitutional commissioners; and,
WHEREAS, RCW 26.12.050 allows the superior court to appoint, in addition to the
constitutional commissioners, one or more family court commissioners to perform the duties
in RCW 26.12.060; and,
WHEREAS, RCW 71.05.135 allows the superior court to appoint, in addition to the
constitutional commissioners, one or more mental health commissioners to perform the
duties in RCW 71.05.137; and,
WHEREAS, RCW 10.14.045 allows the superior court to appoint, in addition to the
constitutional commissioners, one or more protection order commissioners to exercise all
powers and perform all duties of a court commissioner appointed pursuant to RCW
2.24.010; and,
WHEREAS, state law specifically allows for one person to be appointed to all three of
the above -referenced statutory court commissioner positions; and,
WHEREAS, the Whatcom County Superior Court judges want to create one full-time
statutory court commissioner position and appoint the same person as the family court
commissioner, the mental health commissioner, and the protection order commissioner;
and,
WHEREAS, state law requires that the creation of statutory court commissioner
positions must have the consent of the county legislative authority; and,
WHEREAS, the Whatcom County Superior Court judges are requesting the approval
of one new statutory court commissioner position as described above as it is necessary for
the efficient operation of the court.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
1. The creation of a statutory court commissioner position in Whatcom County
Superior Court is approved.
2.a,pt�r�2.15 Whatcom County Code (WCC) (Family Court Commissioner) shall
r °ern�8,as shown in the attached Exhibit A.
� a r
o R 'PTED this 8th day of February , 2022.
WHATCPM COUNTY COUNCIL
��TY WHA70M U TY, WASHINGTON
Dana I3 wP76avisRtl�rk ofthe Council Todd Donovan, C uncil Chair
V, WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM' WHATCOM COUNTY, WAS NGTON
/s/ Karen Frakes (approved via e-mail) / IL
Civil Deputy Prosecutor
Satpal Sidhu,1County Executive
()4) Approved ( ) Denied
Date Signed: a - 114 Zz_
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EXHIBIT A
Chapter 2.15
STATUTORY COURT COMMISSIONER
Sections:
2.15.010 Appointment —Duties
2.15.020 Compensation
2.15.010 Appointment — Duties.
The superior court judges
are authorized to appoint one full-time statutory court
commissioner to serve as the family court commissioner, mental health commissioner, and
protection order commissioner. The duties of the statutory commissioner shall be consistent
with those duties established by state law.
2.15.020 Compensation.
The compensation for the €
basis. statutory court commissioner
shall be consistent with that paid to the full-time constitutional commissioners.