The Pierce County Council has eliminated the Superior Court seat held by Judge Michael Hecht just a day after he resigned.

The council unanimously approved an emergency ordinance eliminating Hecht’s position at its regular meeting Tuesday.

Council members said the move would save money as the county struggles to balance its 2010 budget. The remaining $19,000 of Hecht’s 2009 compensation will be used to hire pro-tem judges so cases will continue to be heard.

“At some point you have to consider lots of different things that you wouldn’t consider in the past,” Council Chairman Roger Bush, R-Graham, said after the meeting.

The move came with no public notice and apparently took County Executive Pat McCarthy by surprise. A spokesman for McCarthy said she had been in meetings all day and needed time to study the council’s decision.

Prosecuting Attorney Mark Lindquist learned of the proposal on Tuesday before the council vote. He said failing to fill Hecht’s seat would aggravate a backlog of Superior Court cases that he and judges have been working to address.

“The community has suffered for nine months because (Hecht’s seat) has been empty,” Lindquist said. “We shouldn’t have to suffer another year with an empty department.”

LATEST DEVELOPMENT

The council’s action is the latest twist involving Hecht, who was elected last year but has spent most of 2009 on paid leave in light of alleged criminal conduct. He was convicted last week of felony harassment and paying a man for sex.

Hecht resigned Monday, and Gov. Chris Gregoire was preparing to begin a search for his replacement.

The County Council’s decision apparently puts that search on hold.

Superior Court judges are part county, part state employees. State law authorizes Pierce County to have up to 24 Superior Court judges, though the council has authorized only 22 positions until now.

Tuesday’s actions would reduce the number of Pierce County Superior Court judges to 21. The move comes as the council is poring over McCarthy’s 2010 budget in search of additional savings.

In the face of declining revenue, McCarthy has proposed a $792 million budget – 8 percent lower than this year’s already reduced budget.

But in recent budget hearings, council members have expressed concern that McCarthy’s revenue assumptions may prove optimistic.

“We have yet to hear good (budget) news,” Bush said. “We keep hearing negative news.”

PRO-TEM JUDGES

For the rest of 2009, the remaining $19,000 Hecht was to be paid will be used to pay for pro-tem judges who can hear cases. Bush said that will amount to an increase in Superior Court funding this year, as Hecht has been on paid leave since March and has not been hearing cases.

The council hasn’t decided whether to fund the post in the 2010 budget.

Councilman Dick Muri, R-Steilacoom, said it probably won’t be included initially. He said the council could reinstate the post at any time if revenue improves.

Bush said he’d been thinking about eliminating Hecht’s position since August. But he said the council could not legally eliminate a Superior Court post held by a sitting judge. He said the opportunity to eliminate the post came Monday after Hecht resigned.

State and county laws require public notice and hearings before the council can act on an ordinance. But there is an exception for emergency circumstances.

The council cited declining county revenues and the need to act quickly in order to spend the rest of Hecht’s 2009 salary on pro-tem judges.

“The emergency is, we’re running out of money,” Muri said. “And any time we see an opportunity that requires quick action, we’re going to take it.”

David Wickert: 253-274-7341

david.wickert@thenewstribune.com

blogs.thenewstribune.com/politics

Staff writer Adam Lynn contributed to this report.