Council sending city's judge to polls

By ERICA HALL

The Mirror

For five years, David Tracy has presided as the judge and administrator of Federal Way Municipal Court following confirmation by the City Council.

But since a recent push to separate the judicial and executive branches of city government, it’s beginning to look like Tracy won’t stand before the council for his position anymore.

The council voted last week in favor of an elected Municipal Court judge rather than appointment. Council members will vote one more time on the change next month. If the change passes, judge candidates will join the rest of the Federal Way races on this November ballot.

“I think this is a big step and a big day for the Federal Way,” said Councilman Jim Ferrell, a King County deputy prosecutor who pushed for the change. “This is an important step because it talks about the importance of the judiciary.”

If approved, the judge would be a 40-hours-a-week position –– it’s been part-time since the court was created in 2000 –– in addition to being elected rather than appointed. In addition, the existing court commissioner’s hours would be reduced from 30 to about 22 a week.

The net difference of increasing the hours of the judge, who is paid more, and reducing the hours of the commissioner would be an extra $10,000 a year.

Tracy was originally appointed to work part-time hearing city misdemeanor cases –– fourth-degree domestic violence assault, drunk driving, traffic infractions and minor vandalism and mischief crimes –– and administering the court. The latter duty includes hiring, firing, setting hours and dividing caseloads. A court commissioner, Tony Platter, was also appointed to help hear cases.

Over the years, Tracy and Platter have divided a growing number of cases. Still, because his position is part-time, city ordinance limits Tracy’s hours to 32 a week. Platter, also part-time, has made up the difference, working another 30 hours a week.

Some on the council, including Ferrell, have said there’s enough work to justify making the judge a full-time position. According to state law, any judge who works 35 hours a week or more must be elected, not appointed.

Ferrell said it appears the city is trying to skirt state law by limiting Tracy’s hours and having Platter take up the slack. City attorney Pat Richardson said the city hasn’t violated state law. The law doesn’t regulate the number of hours commissioners can work.

Councilman Mike Park was one of the few council members who voted against changing the judge position. He cited timing, the additional $10,000 a year and the fact the city is compliant with state law.

“We can take a look at the issue some other time,” he said.

While others on the council said they were concerned about the independence of a judiciary branch appointed by the executive branch (city manager) and confirmed by the legislative (council) branch, Park said “the judiciary is independent under the current system.”

Councilwoman Linda Kochmar voted for the change, echoing many of her council colleagues’ feelings.

“For me, it’s a principle,” she said. “When you’re a certain-size city and you have a certain number of hours, you should have a full-time elected judge.”

Council members supportive of the change hoped to make a decision quickly, so anyone interested in running for judge could prepare a candidacy for this November’s election. If the council hadn’t acted this year, it would have had to wait another four years for the next judge election cycle.

Tracy appeared confident after the council’s decision and said he’s preparing for the race.

“I’ve been getting ready since the issue came up,” he said. “I think it’s a good thing. I trust the public. I’m excited.”

Staff writer Erica Hall: 925-5565, ehall@fedwaymirror.com

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