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City of Blaine: Contract for Blaine Municipal Court Judge

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City of Blaine
Agreement for Municipal Court Judge Services

This Agreement is made by and between the CITY OF BLAINE, a municipal corporation, hereinafter referred to as the "City", and MICHAEL BOBBINK, attorney at law, hereinafter referred to as the "Judge", for the purpose of providing the services of a Municipal Court Judge for the Blaine Municipal Court.

1. Municipal Court Established. Pursuant to the provisions of Chapter 3.50 of the Revised Code of Washington and the Blaine Municipal Code, the City has established the Municipal Court of the City of Blaine. Such Court has jurisdiction and shall exercise all powers declared by said Chapters to be vested in municipal courts, together with such other powers and jurisdiction as are generally conferred upon such courts in the State of Washington, either by common law or by express statute or ordinance.

2. Description of Services. The Judge agrees to serve as the Municipal Court Judge for the City with all the powers, duties, privileges and obligations which said office confers. In addition to regularly scheduled sessions of the Blaine municipal Court, the Judge shall conduct arraignments at the Whatcom County Jail, other court hearings at the Whatcom County Jail as may be necessary and jury trials as necessary.

3. Court Facilities. The City shall provide a suitable place for holding court and shall pay for all of the expense of maintaining it. The City will also provide office space for the use of the Judge and will furnish supplies and equipment sufficient for the operation the Court.

4. Consideration. As consideration for services provided herein, the City agrees to reimburse the Judge the sum of One Thousand Six Hundred Ninety-Eight and 19/100 Dollars ($1,698.19) per month. The services to be provided for this sum will include up to three (3) court sessions per month, unless otherwise agreed between the parties, necessary jury trials, all jail arraignments and jail hearings, including required weekend probable cause hearings, any administrative work and out-of-court work done by the Judge, and all time expended for judicial education. Consideration shall be adjusted annually, pursuant to the Cost of Living Index applicable to City non-represented employees.

In addition, the City agrees to provide a three-week paid vacation to the Judge and paid time off for judicial education and judicial conferences, not to exceed two weeks. The Judge shall arrange for a pro tem judge during vacations and educational absences. The City will pay for the pro tem judge during these absences.

Furthermore, the City agrees to pay a proportionate share (equal shares to be paid by each Municipal Court served by the Judge) of the membership for the Judge's membership in the District and Municipal Court Judges' Association. This provision takes into account state law requiring that said membership fees be paid by the jurisdiction served by the Judge, and not by the Judge personally. No other benefits shall be provided other than those specifically stated herein.

The monthly consideration provided herein shall be paid as wages to an employee. The City shall withhold all state and federal taxes. The amount due shall be paid to the Judge at the end of each month without the submission of a claim or invoice by the Judge to the City. The consideration may be revised not more than once per calendar year as may be mutually agreed upon by the parties.

5. Qualification. The Judge declares that he is qualified to serve as a Municipal Court Judge in that he is a citizen of the United States and of the State of Washington, and an attorney admitted to practice law before the courts of record of the State of Washington.

6. Hours of Court. The hours of the court shall be set mutually by agreement between the City and the Judge.

7. Indemnity Agreement. The City shall defend, indemnify and hold the Judge and/or pro tem judges that may serve in his absence, harmless from any and all claims arising out of the good faith performance of his duties and functions as the Blaine Municipal Court Judge.

8. Judges Pro Tem. In the event that the Judge is unable to serve due to disability, illness and/or absence other than the vacation and judicial education absences provided for in Paragraph 4, it shall be his responsibility to so notify the City and to make arrangements for the presence of a Judge pro tem. All Judges pro tem shall be qualified to hold the position of Judge of the Municipal Court, as provided herein. Judges pro tem shall be paid by the Judge, except as provided for in Paragraph 4, regarding vacation, judicial education and judicial conferences. Judges pro tem shall be paid no more than Two Hundred Dollars ($200.00) per court session, whether paid for by the City or by the Judge. Judges pro tem shall be paid no more than Two Hundred Dollars (200.00) per half-day session for jury trials or other extraordinary court sessions. Judges pro tem shall be paid an extra reasonable amount as agreed to between the Judge or the City and the Judge pro tem for additional services, including jail arraignments, provided by the Judge pro tem.

9. Modification. No change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing, executed by both parties.

10. State Law. This contract shall be construed in a manner consistent with and not in derogation of the provisions of State law governing the Judge's jurisdiction, powers, duties, obligations or statutory term of office.

11. Licensing. The Judge agrees to comply with all applicable state or municipal standards for the licensing, certification, operation of facilities and accreditation, if any, necessary for service as Blaine Municipal Court Judge.

12. Administration. The office responsible for administering this Agreement shall be the City Manager.

13. Term. Notwithstanding the date of execution hereof, the term of this Agreement shall commence on January 1, 1998, and shall terminate at the end of. the Municipal Court Judge's term, which is four (4) years, pursuant to Chapter 3.50 of the Revised Code of Washington, unless otherwise amended by agreement between the parties.

This Agreement shall renew automatically and may be annually reviewed on or before the first regularly scheduled City Council Meeting in December of each year.

Executed this 10th day of November 1997.