AGO Opinion Topics: FILLING VACANT MUNICIPAL COURT OR MUNICIPAL DEPARTMENT POSITIONS

1.  If a vacancy occurs in a municipal court position established under Chapter 35.20 RCW (cities of over four hundred thousand population), or Chapter 3.50 RCW (all other cities), the vacancy will be filled by appointment for the remainder of the term, with no midterm special election.  2.  If a vacancy occurs in a municipal department of a district court operating pursuant to Chapter 3.46 RCW, the vacancy in the district court position will be filled by appointment by the county legislative authority with subsequent special election for the remainder of the term served (but any such election must occur only in an even-numbered year); the city will subsequently decide which judges on the district court will be designated as municipal department judges.  3.  If a city creates a new municipal court position or a new municipal department position, to take effect during the term prescribed by statute for such positions, the new position will be filled in the same manner as if a vacancy had occurred in an existing position in the same court.  4.  If a city creates a new municipal court position pursuant to Chapter 3.50 of Chapter 35.20 RCW, effective as of the beginning of the next statutory term for such a judgeship, the initial judge will be chosen by election if it is a full-time position or a part-time position covered by RCW 3.50.055; otherwise, the city may elect to make the position elective or appointive.  5.  If a city creates a new municipal department position within a district court pursuant to Chapter 3.46 RCW, and the judge is to serve the municipal department full-time, and the position will take effect with the beginning of the next term for district court judges, the initial judge will be nominated and elected in the manner for district court judges but with only electors of the city voting for the position.  6. If a city creates a new municipal department position within a district court pursuant to Chapter 3.46 RCW, to take effect with the beginning of the next term for district court judges, and the judge is to serve the municipal department part-time, the city may either designate an existing district judge to serve the municipal department, or provide that a new district judge nominated and elected by the judicial district will serve in the new municipal department position.