A. The Municipal Court Judge, or a majority of Municipal Court Judges, if there is more than one Municipal Judge, shall, in writing, appoint Judges Pro Tem who shall act in the absence or disability of the regular Judge of the Municipal Court or in the case of overlapping schedules or subsequent to the filing of an affidavit of prejudice. In any case where the Municipal Judges are unable to reach a majority in making a decision regarding such an appointment, the presiding judge of the Pierce County District Court No. 1 shall be afforded a vote to break the tie and make the decision; provided, that if the presiding judge of the Pierce County District Court No. 1 is unwilling or unable to participate in such decision, then the toss of a coin shall be used, unless another tie-breaking mechanism is agreed to by the Municipal Judges, to break the tie and make the decision. The Judge Pro Tem shall be qualified to hold the position of Judge of the Municipal Court as provided herein. The Judge Pro Tem shall receive compensation computed on an hourly basis at the rate of $50.00 per hour, or as otherwise fixed by resolution or ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing Municipal Court Judge or Judges.

B. The Municipal Judge, or a majority of Municipal Court Judges, if there is more than one Municipal Judge, may appoint one or more Municipal Court Commissioners, who shall hold office during the pleasure of the Municipal Judge, to preside over specific calendars. In any case where the Municipal Judges are unable to reach a majority in making a decision regarding such an appointment, the presiding judge of the Pierce County District Court No. 1 shall be afforded a vote to break the tie and make the decision; provided, that if the presiding judge of the Pierce County District Court No. 1 is unwilling or unable to participate in such decision, then the toss of a coin shall be used, unless another tie-breaking mechanism is agreed to by the Municipal Judges, to break the tie and make the decision. Each Municipal Court Commissioner shall have such power, authority and jurisdiction in civil and criminal matters as the Municipal Judge shall prescribe by court order. The Court Commissioners shall receive compensation computed on an hourly basis at the rate of $40.00 per hour, or as otherwise fixed by resolution or ordinance.

C. The compensation of Judges Pro Tem and Court Commissioners shall be paid out of the amount from which payment is made to the Municipal Judge or Judges as provided for in LMC 2.16.090.

D. The scheduling of Court Commissioners and Judges Pro Tem shall be on a “one-half day” calendar basis. In the case of an overlapping or simultaneous calendar, if the Municipal Judge completes the calendar over which the Municipal Judge was presiding, and the other calendar which would have been presided over by the Court Commissioner or Judge Pro Tem has not yet started, the Municipal Judge shall have the right to preside over such calendar. The Municipal Judge, or the assigned Municipal Judge, if there is more than one Municipal Judge, shall have the right to preside over any calendars not yet started that the Municipal Judge is in a position to preside over. In the case where a Court Commissioner or Judge Pro Tem has been called and scheduled to preside over an overlapping or simultaneous calendar, but where the Municipal Judge, or the assigned Municipal Judge, if there is more than one Municipal Judge, is available to preside over the calendar, thereby making the services of the Court Commissioner or Judge Pro Tem no longer needed, such Court Commissioner or Judge Pro Tem shall be compensated for at least one hour at the appropriate hourly rate, assuming that the Court Commissioner or Judge Pro Tem was present, ready and able to preside over the scheduled calendar. [Ord. 252 § 1, 2000; Ord. 165 § 1, 1998; Ord. 98 §1, 1996; Ord. 71 § 2, 1996; Ord. 15 § 12, 1995.]