HomeMy WebLinkAboutord2022-009• 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 21912022
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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.®q� piprgr�2.15 Whatcom County Code (WCC) (Family Court Commissioner) shall
eean n 6,0,,as shown in the attached Exhibit A.
'6PTED this 8th day of February 2022.
ti Cc (.OU�'��Y ` WHATCP'M COUNTY COUNCIL
'TAT fK" WHAT 'OM U TYWASHINGTON
Sit -
~{Jana �Brdgn-Davis ` I: rk of'the Council Todd Donovan, C uncil rhair
WHATCOM COUNTY EXECUTIVE
APPRgVED AS TO FORM:" WHATCOM COUNTY, WAS NGTON
/s/ Karen Frakes (approved via e-mail) / IL
Civil Deputy Prosecutor Satpal Sidhu,lCounty Executive
(A) Approved ( ) Denied
Date Signed: ~ �°� —zz-
4 EXHIBIT A
5
6
7 Chapter 2.15
8 STATUTORY COURT COMMISSIONER
9 Sections:
10 2.15,010 Appointment —Duties
11 2,15.020 Compensation
12
13 2.15.010 Appointment — Duties.
14 The superior court judges are authorized to appoint one full-time statutory court
15 commissioner to serve as the family court commissioner, mental health commissioner, and
16 protection order commissioner. The duties of the statutory commissioner shall be consistent
17 with those duties established by state law.
19
20 2.15.020 Compensation.
21 The compensation for the statutory court commissioner shall be consistent with that paid to
the full-time constitutional commissioners.