City court plan tossed by judge

Spokane Mayor Jim West’s attempt to create an independent Municipal Court has been blocked by a Superior Court judge.

The mayor had proposed pulling the city out of a combined city-county District Court in 2007, a move that would allow the city to re-establish its own independent court for misdemeanors, infractions and parking violations.

Judge Rebecca Baker ruled Friday that the city failed to comply with a state law outlining the method for withdrawing from the combined district court, which was formed in the early 1960s. Baker, who normally sits in Ferry, Stevens and Pend Oreille counties, heard the case because Spokane’s judges determined they were too close to the issues and people involved.

The ruling came on a lawsuit filed by the city in April asking the court to determine whether the city or county would handle an estimated 1,000 active cases at the time of the withdrawal.

The withdrawal was outlined in an agreement between the city and county commissioners earlier this year.

District Court judges, through a motion for summary judgment, sought to nullify the withdrawal agreement because they were not included as a party to that agreement.

Baker agreed. She said the city had not complied with state law, in part because District Court judges were left out of the withdrawal agreement, but also because the agreement was too vague. Baker said any future agreement on transition must involve the current District Court judges.

The deadline for reaching the agreement was last February for withdrawal in 2007.

If the ruling stands, it means that the city cannot pull out of District Court until 2011 at the earliest, said presiding District Court Judge Mike Padden.

He said Baker’s ruling “did affirm the current system,” which he said provides more efficient service to city and county residents than having separate courts.

The city has 30 days to appeal the ruling after a written order is submitted and signed by the judge. Friday’s ruling was based on comments made by Baker from the bench.

Deputy Mayor Jack Lynch said city officials had not decided whether to appeal.

The city spent $1.2 million for its pro-rated share of court services in 2004. An effort to separate Municipal Court from District Court was rejected by 71 percent of voters in 1999.

West and other city officials said they are seeking withdrawal to save on court costs. The District Court’s nine judges earn $118,000. West and others said they could hire judges for less money.

A consultant hired by the city in 2003 recommended greater consolidation of court services, not two separate courts.