(1) A municipality operating a municipal court under this chapter
shall not terminate that court unless the municipality has
reached an agreement with the appropriate county or another
municipality under chapter 39.34 RCW under which the county or
municipality is to be paid a reasonable amount for costs
associated with prosecution, adjudication, and sentencing in
criminal cases filed in district or municipal court as a result
of the termination. The agreement shall provide for periodic
review and renewal of the terms of the agreement. If the
municipality and the county or municipality are unable to agree
on the terms for renewal of the agreement, they shall be deemed
to have entered into an agreement to submit the issue to
arbitration under chapter 7.04A RCW. Pending conclusion of the
arbitration proceeding, the terms of the agreement shall remain
in effect. The municipality and the county or municipality have
the same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under chapter 7.04A RCW. A municipality that has entered into agreements with
other municipalities that have terminated their municipal courts
may not thereafter terminate its court unless each municipality
has reached an agreement with the appropriate county in
accordance with this section.
(2) A municipality operating a municipal court under this
chapter may not repeal in its entirety that portion of its
municipal code defining crimes while retaining the court's
authority to hear and determine traffic infractions under chapter 46.63 RCW unless the municipality has reached an agreement with
the county under chapter 39.34 RCW under which the county is to
be paid a reasonable amount for costs associated with
prosecution, adjudication, and sentencing in criminal cases filed
in district court as a result of the repeal. The agreement shall
provide for periodic review and renewal of the terms of the
agreement. If the municipality and the county are unable to
agree on the terms for renewal of the agreement, they shall be
deemed to have entered into an agreement to submit the issue to
arbitration under chapter 7.04A RCW. Pending conclusion of the
arbitration proceeding, the terms of the agreement shall remain
in effect. The municipality and the county have the same rights
and are subject to the same duties as other parties who have
agreed to submit to arbitration under chapter 7.04A RCW.
(3) A municipality operating a municipal court under this
chapter may not repeal a provision of its municipal code which
defines a crime equivalent to an offense listed in RCW 46.63.020
unless the municipality has reached an agreement with the county
under chapter 39.34 RCW under which the county is to be paid a
reasonable amount for costs associated with prosecution,
adjudication, and sentencing in criminal cases filed in district
court as a result of the repeal. The agreement shall provide for
periodic review and renewal of the terms of the agreement. If
the municipality and the county are unable to agree on the terms
for renewal of the agreement, they shall be deemed to have
entered into an agreement to submit the issue to arbitration
under chapter 7.04A RCW. Pending conclusion of the arbitration
proceeding, the terms of the agreement shall remain in effect.
The municipality and the county have the same rights and are
subject to the same duties as other parties who have agreed to
submit to arbitration under chapter 7.04A RCW.
[2005 c 433 § 35; 1984 c 258 § 203.]
NOTES:
Application -- Captions not law -- Savings -- Effective date -- 2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title -- 1984 c 258: See notes following RCW 3.30.010.