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HomeMy WebLinkAbout4521 19 20 21 22 23 24 25 26 1 ORDINANCE NO. 4 5 2 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADDING A NEW CHAPTER 2.14 TO THE AUBURN CITY CODE ENTITLED "THE MUNICIPAL COURT SYSTEM" AND THEREBY ESTABLISHING A MUNICIPAL COURT SYSTEM PURSUANT TO THE COURT IMPROVEMENT ACT OF 1984 WHICH HAS EXCLUSIVE ORIGINAL JURISDICTION OVER ALL VIOLATIONS OF CITY ORDINANCES AND SUCH OTHER CASES AS MAY BE PRESCRIBED BY STATE LAW; WHICH AUTHORIZES THE APPOINTMENT AND REMOVAL OF A JUDGE AND JUDGES PRO TEM; WHICH PROVIDES FOR THE COURT'S AUTHORITY TO IMPOSE CERTAIN SENTENCES UPON INDIVIDUALS FOUND GUILTY; WHICH PROVIDES FOR COURT PLEADINGS, PRACTICE, PROCEDURE, A COURT SEAL, AND COURT TRANSFERS; AND ESTABLISHING AN EFFECTIVE DATE. 3 4 5 6 7 8 9 WHEREAS, the Washington State Legislature has enacted the Court Improvement Act of 1984, Chapter 3.50 of the Revised Code of Washington, effective July 1, 1984, authorizing cities with 10 11 12 a population of four hundred thousand or less t,o establish a 13 14 15 16 17 municipal court; and the Auburn City Council WHEREAS, finds that the establishment of a municipal court for the City of Auburn is in the best interests of the public health, safety and welfare of the citizens of Auburn, Washington; 18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. There is hereby added to the Auburn City Code a new Chapter 2.14 entitled "Municipal Court System" to read as contained in Exhibit "A" which is attached hereto and incorporated herein. -------------------------------. Ordinance No. 4521 October 24, 1991 Page 1 19 20 21 22 23 24 25 26 1 2 section 2. The enactment of this ordinance shall not 3 affect any case, proceeding, appeal or other matter currently pending in the Aukeen District Court, King County, or in any way modify any right or liability, civil or criminal, which may be in existence on the effective date of this ordinance. 4 5 6 7 section 3. If any section, sentence, clause or phrase of 8 this ordinance should be held to be invalid or unconstitutional 9 by a court of competent jurisdiction, such invalidity or 10 unconstitutionality or validi ty shall not affect the 11 constitutionality of any other section, sentence, clause or 12 phrase of this ordinance. 13 14 15 16 section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. section 5. This ordinance shall take effect and be in 17 full force and effect on January 1, 1992 after passage, 18 approval and publication as provided by law. -------------------------------- Ordinance No. 4521 October 24, 1991 Page 2 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 ATTEST: 11 I / - / r 91/ , //- /g-~9/ 1//5'-9/ INTRODUCED: PASSED: APPROVED: ~ M A 0 R 12 ~tu~ 13 Robin Wohlhueter, City Clerk 14 15 16 APPROVED AS TO FORM: 17 18 ~~ t14~ Stephen R. Shelton, City Attorney PUBLISHED: J/-dt./-9/ ------------_._._--------------- Ordinance No. 4521 October 24, 1991 Page 3 -----~-'--_._-~_._._.._.._--_._...,_.._---~ 19 20 21 22 23 24 25 26 1 2 EXHIBIT "A" 3 "NEW SECTION": 4 5 6 2.14.010 Court Established. There is hereby established a municipal court entitled "The Municipal Court of the City of 7 Auburn", hereinafter referred to as "municipal court" or 8 "court". 9 10 2.14.020 Jurisdiction. 11 (A) The municipal court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 of the Revised Code of washington, existing now or 12 13 hereafter amended, together with such other powers and 14 jurisdiction as are generally conferred upon such court in the 15 state of Washington either by common law or by express 16 17 statute. 18 (B) The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the City of Auburn. The municipal court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances --------------------------------------------- Ordinance No. 4521 Exhibit "A" November 14, 1991 Page 1 --------,._...._._~ 1 2 or by state statutes. The municipal court shall also have the 3 jurisdiction as conferred by state statute. ~rhe municipal 4 court is empowered to forfeit cash bailor bail bonds and 5 6 issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, 7 8 9 arising under such ordinances and to pronounce judgment in accordance therewith. 2.14.030 Judqes - Appointment - Qualifications. 10 A. The municipal court judge shall be app,~inted by the 11 Mayor, subject to confirmation by the City Council. The judge shall be appointed for a term of four (4) years. Appointments 12 13 for each term shall be made on or before December 1 of the 14 year next preceding the year in which the term commences. The 15 first judicial appointment shall be effective on January 1, 16 1992 and each fourth year thereafter. 17 B. A person appointed as municipal court judge shall be 18 a citizen of the united states of America and of the state of 19 Washington; and an attorney admitted to practice law before 20 the courts of record of the state of Washington. 21 22 23 24 25 26 2.13.040 Salaries and Costs. The salary of the municipal court judge shall be established through the adoption of the yearly budget ordinance. All costs of --------------------------------------------- Ordinance No. 4521 Exhibit "A" November 14, 1991 Page 2 ____n.___._.____ __ ._n____,___" 20 1 2 operating the municipal court, including but no·t limited to, salaries of judges and court employees, dockets, books of records, forms, furnishings and supplies, shall be paid wholly 3 4 5 6 out of the funds of the city. The city shall provide a suitable place for holding court and pay all expenses of 7 8 maintaining it. Municipal Court Emplovees. 2.14.050 All employees of 9 the municipal court shall, for all purposes, be deemed 10 employees of the City of Auburn. They shall be appointed by 11 and serve at the pleasure of the court; provided, that all applicable city personnel practices and procedures with 12 13 respect to hiring and termination are followed. supervision 14 of the court employees regarding non-judicial matters shall be 15 by the Mayor or designee. 16 17 2.14.060 Judaes Pro Tem. The Mayor shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of the municipal court or 18 19 subsequent to the filing of an affidavit of prejudice. The judge pro tem shall be qualified to hold the position of judge 21 of the municipal court as provided herein. The judge pro tem 22 shall receive such compensation as shall be established 23 through the adoption of the yearly budget ordinance. The term 24 25 26 ---------------.----------------------------- Ordinance No. 4521 Exhibit "A" November 14, 1991 Page 3 19 20 1 2 of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing Mayor. 2.14.~ 3 4 5 6 JUdicial Vacancy. Any vacancy in the position of the municipal court judge 7 due to death, disability, resignation or removal shall be 8 filled by the Mayor for the remainder of the unexpired term. The appointment shall be subject to confirmation of the city 9 10 council. The appointed judge shall be qualified to hold the 11 position of judge of the municipal court as provided in this 12 chapter and RCW 3.50. 2.14.~ Removal of JUdqe. The municipal judge shall be 13 14 removed in accordance with city personnel policies, procedures 15 and standards only upon conviction of misconduct or 16 malfeasance in office or conduct which is detrimental to the 17 best interest of the city or because of physical or mental disability rendering the judge incapable of performing the duties of the office. 2.14.m Municipal Court Hours. 18 The municipal court 21 shall be open and shall hold such regular and special sessions 22 as may be prescribed by the municipal court judge. 23 24 25 26 ---.----------------------------------------- Ordinance No. 4521 Exhibit "A" November 14, 1991 Page 4 19 20 21 1 2 2.14.Uf Sentences. 3 A. unless otherwise In all cases of conviction, 4 provided in chapters 3.30 through 3.74 RCW as now or hereafter 5 6 amended, where a jail sentence is given to the defendant, execution shall issue accordingly; and where the judgment of the court is that the defendant pay a fine and costs, the defendant may be committed to jail until the judgment is paid 7 8 9 in full. 10 B. A defendant who has been committed shall be 11 discharged upon the payment for such part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed 12 13 14 15 16 for each day of imprisonment, which amount shall be the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as now or hereafter 17 amended. In addition, all other proceedings in respect of 18 such fine and costs shall be the same as in like cases in the superior court. C. Every person convicted by the municipal court of a violation of the criminal provisions of an ordinance for which 22 no punishment is specifically prescribed in the ordinance 23 shall be punished by a fine of not more than five thousand 24 25 26 ------------.-------------------------------- Ordinance No. 4521 Exhibit"N November 14, 1991 Page 5 1 2 3 dollars ($5,000.00) or imprisonment in the ci 1:y j ail of a period not to exceed one (1) year, or both such fine and 4 5 imprisonment. 110 2.14...o9'Ø" Deferral and Suspension of Sentences. Unless 6 otherwise provided by state law, the municipal court shall have the following sentencing authority: 7 8 9 10 A. After a conviction, the court may defer sentencing and place the defendant on probation and prescribe the conditions thereof, but in no case shall it extend for more 11 than two (2) years from the date of conviction. During the 12 time of the deferral, the court may, for good cause shown, 13 permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the 14 15 charges. 16 17 B. For a period not to exceed two (2) years after imposition of sentence, the municipal court shall have 18 continuing jurisdiction and authority to suspend the execution 19 of all or any part of the sentence upon stated terms, 20 including installment payment of fines. 21 c. Deferral of sentence and suspension of execution of 22 sentence may be revoked if the defendant violates; or fails to 23 carry out any of the conditions of the deferral or suspension. 24 25 26 -.--------.---------------------------------- Ordinance No. 4521 Exhibit "N November 14, 1991 Page 6 ---."..---.------.-.--..-------.-..-- 20 21 22 23 24 25 26 1 2 Upon the revocation of the deferral or suspension, the court 3 shall impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose 4 5 6 a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs. 7 D. Any time before entering an order terminating 8 9 probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of 10 justice will be served and when warranted by th,~ reformation 11 of the probationer, the court may terminate the period of probation and discharge the person so held. 2.14.1tfI Complaints. All criminal prosecutions for the 12 13 14 15 16 violation of a city ordinance shall be conducted in the name of the City and may be upon the complaint of any person. I~l) 2.14.~ Pleadinqs. Practice and Procedure," Pleadings, 17 practice and procedure in cases not governed by statutes or 18 rules specifically applicable to municipal cøurts shall, insofar as applicable, be governed by the statut:es and rules 19 now existing or hereafter adopted governinçr pleadings, practices and procedures applicable to district courts. -------------.----------....----------------- Ordinance No. 4521 Exhibit "A" November 14, 1991 Page 7 . -'"-~--'--' --------_._--~._---~----_.- 15 16 17 18 19 20 21 22 23 24 25 26 1 2 J«ð 2.14.~ Case Transfers. A transfer of a case from the municipal judge to either another municipal judge of the city 3 4 or to a judge pro tempore appointed in the manner prescribed 5 by this chapter shall be allowed in accordance with RCW 6 3.66.090 in all civil and criminal proceedings. I sf) 2.14.~ Court Seal. The municipal court shall have a seal which shall be the vignette of George Washington, with 7 8 9 10 11 12 13 the words "Seal of The Municipal Court of Auburn, State of Washington" surrounding the vignette. '''''ò 2.14.ë50 Civil Jurv Trials. In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six (6) citizens of the State of Washington who shall be 14 impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court; PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, (~nly one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror shall receive ten dollars ($10.00) for each day in att:endance upon --------------------------------------------- Ordinance No. 4521 Exhibit "A" November 14, 1991 Page 8 20 21 22 23 24 25 26 1 2 the municipal court, and in addition thereto :;hall receive 3 mileage at the rate determined under RCW 43.03.060. 1'16 2.14.~ Criminal Process. All criminal process issued 4 5 by the municipal court shall be in the name of the state of 6 Washington and run throughout the state, and be directed to and served by the chief of police, marshal, or other police officer of any city or to a sheriff in the state. "ð 2.14.~ Revenue - Disposition. 7 8 9 10 11 12 A. Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs (except those costs awarded to prevailing parties under RCW 4.84.010 and RCW 13 36.18.040 or other similar statutes), fines, forfeitures and 14 other money imposed by the municipal court for 'the violation 15 of any city ordinances shall be collected by thl~ court clerk and, together with any other revenues received by the clerk, shall be deposited with the city finance director as a part of 16 17 18 19 the general fund of the city, or deposited in such other funds as may be designated by the laws of the state of Washington. B. The city finance director shall r,emit monthly thirty-two (32) percent of the money received under this section, other than for parking infractions, 1to the state --------------------------------------------- Ordinance No. 4521 Exhibit "A" November 14, 1991 Page 9 18 19 20 21 22 23 24 25 26 1 2 Treasurer. Money remitted under this subsection to the state Treasurer shall be deposited as provided in RCW 43.08.250. 3 4 5 C. The balance of the money received under this section shall be retained by the city and deposited as~ provided by 6 law. 7 8 9 10 11 12 13 14 15 16 17 -----..-----------------.-------------------- Ordinance No. 4521 Exhibit "A" November 14, 1991 Page 10