(dissenting) — I respectfully disagree with the majority's holding that Seattle Municipal Court judges may not summarily discharge a magistrate hired by them under the existing statutes and rules. I would uphold the dismissal of Tuberg as being within the municipal court judges' authority and thus entirely proper.
The statute authorizing the position of magistrates, RCW 35.20.205, provides in part that judges of municipal courts "may employ judicial officers to assist in the administration of justice and the accomplishment of the work of the court . . ." (Italics mine.) The relationship between the magistrate and the municipal court is, therefore, employee/ employer. Another statute imposes a duty upon the judges to hold monthly meetings and "receive and investigate, or cause to be investigated, all complaints presented to them pertaining to the court and the employees thereof, and shall take such action as they may deem necessary or *762proper with respect thereto(Italics mine.) RCW 35.20-.140. The majority fails to mention the latter statute, although it does set forth rule 13 of the Seattle Municipal Court containing identical language.
RCW 35.20.140 and rule 13 empower the municipal court judges to exercise broad discretion in dealing with matters pertaining to the court. Contrary to the majority's conclusion, the statutes and rules by their own terms permit the judges to summarily dismiss their employees, including magistrates. Such dismissals may in fact be the only action the judges deem necessary or proper. This broad discretion granted by the legislature is absolutely necessary since the judges are responsible to the electorate and in order to fulfill such responsibilities the judges must control the actions of their employees.
I cannot agree with the majority's statement that the only conclusion which may be drawn from the record is that Tuberg's dismissal was arbitrary. Majority, at 760. According to the stipulated facts Tuberg was informed on December 20, 1976, that he was being placed on probationary status. A municipal court judge showed Tuberg a written complaint charging him with a lack of judicial temperament and alluding to other charges. The judge orally informed Tuberg that any additional complaints would result in termination. On July 27, 1977, Tuberg was suspended and then on August 1 he was terminated. It is as likely to assume from this course of events that additional complaints regarding Tuberg's performance were received as to conclude as does the majority that his dismissal was arbitrary.
The majority holds at page 760 that the removal of magistrates "must be based on failure to fulfill the duties that define the magistrate's role" and requires that such duties be set forth in a rule. This requirement, when read together with the majority's finding that magistrates are judicial officers can only lead to an unreasonable result. An example of the difficulty with such a requirement may be drawn from this case. Tuberg was charged with a lack of "judicial *763temperament" — a quality judges must exhibit in order to remain in office. How can "judicial temperament" be defined in a rule? I submit that a definition would indeed be difficult if not impossible.
I would therefore reverse the Court of Appeals and affirm the Superior Court.
Brachtenbach, C.J., and Rosellini and Williams, JJ., concur with Dimmick, J.