Federal Way is prudently weighing its options for future court services.

The city council heard from city and King County District Court staff June 16 about what it could look like to terminate the municipal court and contract with the county.

Increased services and revenue-making opportunities are likely. However, entering into an inter-local agreement with the district court is risky, and comparing the cost of the two courts’ operations is an arduous task.

“You just can’t compare the two,” Chief Financial Officer Bryant Enge said. “It’s just not comparing apples to apples.”

Tuesday’s discussion stemmed from a May request from the city council, specifically deputy mayor Eric Faison, for staff to research the legalities and cost-effectiveness of the city closing its municipal court and offering services in another manner.

Since its inception in 2000, Federal Way’s court has suffered from personnel and managerial setbacks. It has gained attention within the past year as Presiding Judge Michael Morgan sued the city to keep a report on the court’s hostile work environment from the public.

“I’m concerned with the ability of Federal Way to have its own court,” Faison said last month.

The city council struggled to compare costs for the two courts. The municipal court brought in $1.5 million in revenue in 2008. Operating costs were $1,460,799, according to information provided by Enge. Had the city contracted for its services the same year, it would have spent $176,371 more, not taking into consideration liability costs.

The city spent $90,321 in legal costs incurred by the court last year. Under a King County contract, the district court would cover most liability costs, said Barbara Linde, King County District Court Chief Presiding Judge. The council was quick to note that last year’s liability costs were abnormal and the amount varies each year.

“Because we’re a new court, we’ve had some issues,” city council member Linda Kochmar said. “That might be an anomaly.”

Benefits

Contracting with the district court could bring services such as domestic violence protection orders, small claims up to $5,000, civil lawsuits up to $75,000, felony preliminary hearings and ticket paying options, to list a few.

“We bring more service, but we do it in a way that is very efficient,” Linde said.

Revenue-capturing opportunities may be available. The district court is interested in using Federal Way’s current facility to offer its services. If the city only produces enough cases to require the use of two court rooms, the city’s third courtroom could be leased to the district court and used to hear cases from other contracted cities.

Drawbacks

The agreement comes with risks. Services through the county would require Federal Way to sign a lengthy contract. An automatic five-year renewal would follow an initial seven-year agreement — locking the city into the inter-local deal until 2021.

The city would face limits on how well it could manage the court budget. The cost for services is based on caseloads. The total cost is split between all the cities participating in the inter-local agreement. If a city such as Bellevue, which submits a large number of cases to the district court, were to terminate its contract, it could affect the other partners’ contributions. The city would also forego input on labor costs and union representation.

Kochmar appeared skeptical of a district court contract. She asked Linde why the district court was so interested in leasing a courtroom when just a few years back, it decreased judges and facilities. An increase in caseloads and a renewed desire to serve the municipalities involved in the inter-local agreement stipulate a need for higher services, Linde said.

“I’m very hesitant because of the history that has happened here,” Kochmar said. “I’d like to hear from our judges.”

The city council will hear from its municipal court on the issue during a special meeting at 5:30 p.m. June 30 at City Hall, 33325 8th Ave. S.