Facts: The petitioner city of Spokane charged respondents Lawrence Rothwell and Henry Smith for crimes against Spokane municipal code. Rothwell and Smith filed pretrial motions to dismiss, challenging the assigned judge’s jurisdiction because she was a district court judge elected by voters of the entire county, while also serving as a part time municipal court judge. The motions were denied, and Rothwell and Smith were convicted. They subsequently appealed, and the Superior Court for Spokane County affirmed. Rothwell and Smith appealed again, and Division Three of the Court of Appeals reversed the Superior Court’s decision and judgment, holding that the trial judge did not lawfully hold office as a municipal court judge and had no authority to try the prosecutions or impose judgments thereon because former RCW §3.46.070 required the election of municipal court judges to be only by city voters. The City appealed to the Supreme Court of Washington for review.

Questions: Did the trial judge have jurisdiction over Rothwell and Smith’s cases under the statutes found in CH. 3.46 RCW, which organized Spokane municipal court as a department of the Spokane County district courts?

Conclusion: Justice James M. Johnson’s opinion for the Court held that the judge had de jure authority to hear Rothwell and Smith’s cases as a properly elected district court judge and member of the municipal department. The City of Spokane and Spokane County had a long-standing agreement that municipal court judges would be provided on a rotating basis from among the district court judges. The judge was therefore automatically designated as a member of the municipal department upon her election to the district court, which is not inconsistent with former RCW §3.46.070, which required municipal court positions be filled by election. Since the judge’s election was for a district court office, and not a full time municipal judge, the Court of Appeals erred in holding that former RCW §3.46.070 applied to the judge’s election. Thus, the Court reversed the decision of the Court of Appeals, and reinstated Rothwell and Smith’s convictions.

Docket No. 81271-3 (from Court of Appeals Division III Case No. 25316-3)

Petitioner: City of Spokane

(Counsel: Howard F. Delaney, Jim A. Bledsoe, Margaret K. Harrington, and Charles K. Wiggins)

Respondent: Rothwell

(Counsel: Breean L. Beggs)

Other Parties: City of Spokane (petitioner) v. Smith (respondent)

Briefs:

Argument: Thursday, May 21, 2009 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, September 3rd, 2009

Vote: 9-0

Opinion: 166 Wn.2d 872 (2009)

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen

Sanders

Chambers

Owens

Fairhurst

Johnson
(Majority)

Stephens