Loading...
HomeMy WebLinkAbout6417 ORDINANCE NO. 6 41 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING CHAPTER 2.14 OF THE AUBURN CITY CODE RELATING TO MUNICIPAL COURT SYSTEM WHEREAS, with the law enforcement and judicial responsibilities of the City of Auburn, either as directed by state law or through City ordinance, the City of Auburn has utilized a municipal court created pursuant to Chapter 3.50 of the Revised Code of Washington (RCW), and provided in Chapter 2.14 of the Auburn City Code (ACC); and WHEREAS, in connection with the ongoing and changing judicial responsibilities with which the City is involved and in order to address efficiencies that can be gained through alternative approaches, the City Council has explored different approaches to addressing those judicial responsibilities relating to City law enforcement; and WHEREAS, after a thorough review of the alternatives and options available to the City and in light of the proposal that the City of Auburn received from the King County District Court system, a proposal that allows additional judicial services to be provided to the citizens of the City of Auburn, including but not limited to small claims and civil court services, and the efficiencies that can be provided through working with the King County District Court system, efficiencies that result in cost-savings to the City and to the citizens of the City of Auburn, it is advantageous for the City to repeal its municipal court and contract with the King County District Court for judicial services. Ordinance No. 6417 July 2, 2012 Page 1 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. That the provisions of Chapter 2.14 of the Auburn City Code be, and the same hereby are repealed. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to cant' out the directions of this legislation. Section 3. Severability The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law and on the \� day of 20-!Z) INTRODUCED- JUL 16 2012 PASSED- JUL 16 2012 d JUL 16 2012 PETER B. LEMS, MAYOR ATTEST Danielle E. Daskam, City Clerk AP=DTO FO RM: Da ' I B. Heid, I Attomey Published: CIZ 1Z/aw2, Ordinance No. 6417 July 2, 2612 Page 2 of 2 TEXT TO BE REPEALED BY ORDINANCE NO.6417 Chapter 2.14 MUNICIPAL COURT SYSTEM Sections: 2.14.010 Court established. 2:14.020 Jurisdiction. 2.14.030 Judges—Appointment—Qualifications. 2.14.040 Salaries and costs. 2.14.050 Municipal court employees. 2.14.060 Judges pro tem. 2.14.070 Judicial vacancy. 2.14.080 Removal of judge. 2.14.090 Municipal court hours. 2.14.100 Sentences. 2.14:110 Deferral and suspension of sentences. 2.14.120 Complaints. 2.14.130 Pleadings,practice and procedure. 2.14:140 Case transfers. 2.14.IS0 Court seal. .2.14.160 Civil jury trials. 2.14.170 Criminal process. 2.14.180 Revenue disposition. 2.14.010 Court established. There. is established a municipal court entitled "the municipal court of the city of Auburn,* hereinafter referred to as"municipal court"or'court.;(Ord.4521§1(Exh.A),1991.) 2:14,0.20 Jurisdiction. A. The municipal court.shall have jurisdiction and shall exercise all powers enumerated in this chapter and in Chapter 3.50 of the Revised Code of Washington,existing or amended at after the effective date of the ordinance codified in this chapter,.t_ogether with.such other powers and jurisdiction as are generally conferred upon such court in the state of Washington either by common law or by express statute. 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. 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 or by state statutes.The municipal court shall'also have the jurisdiction as conferred by state statute. The municipal court is empowered to forfeit cash bail or ball' bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. (Ord.4521§1 (Exh. A), 1991.) 2.14.030 Judges—.Appolntment—Qualifications. A. The municipal court judge shall be appointed by the mayor, subject to confirmation by the city council, for the term beginning January 1, 1996, which term shall be for two years ending December 31, 1997 The municipal court judge shall be elected for the term beginning January 1, 1998, Chapter 214 ACC Page 1 for a term of four years commencing January 1, 1998,and ending December.31,2001,and elected every four,years thereafter B. A person appointed as municipal court judge shall be a citizen of the United States of America and of the state of Washington,and an attorney admitted to practice law before the courts of record of the state of Washington..A municipal court judge shall be elected in the some manner as other elective city officials are.elected to office. (Ord. 4816 § 1, 1995; Ord. 4815 § 1, 1995; Ord. 4809 §'1, 1995;Ord.4521§1(Exh.A), 1991.) 2.14.040 Salaries and costs. The salary of the municipal court judge shall be established through the adoption of the yearly budget ordinance. All costs of operating the municipal court, including but not limited to, salaries of judges and court employees, dockets, books of records, forms, furnishings and supplies, shall be paid wholly out of the funds of the city. The city shall provide a suitable place for holding,court and pay all expenses of maintaining'it.(Ord.4521§1(Exh.A),1991.) 2.14.050 Municipal court employees. All employees of the municipal court shall,for all purposes, be deemed employees of the city of Auburn.They shall be appointed by and serve at the pleasure of the court; provided,that all applicable city personnel practices and procedures with respect to hiring and termination are followed.Supervision of the cdurt employees regarding nonjudicial matters shall be by the mayor or designee. (Ord.4521 § 1 (Exh.A), 1991.) 2.14.060 Judges pro tem. The presiding 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 subsequent to the filing of an affidavit of prejudice.The judge pro tem shall be qualified to hold the position of judge of the Municipal court.as provided in this chapter The judge pro tem shall receive such compensation as shall be established through the adoption of the yearly budget ordinance:The term of the appointment shall be specified in writing but in.any event shall not extend beyond the term of the appointing judge. (Ord.5635§4,2002; Ord.4521§1(Exh.A), 1991.) 2:14.070 Judicial vacancy. Any vacancy in the position of the municipal court judge due to death, disability, resignation or removal shall be filled by the mayor for the remainder of the unexpired term.The appointment shall be subject to.confirmation of the city council.The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter and Chapter 3.50 RCW. (Ord.4521§ 1 (Exh. A), 1991) 2.14.080 Removal of judge. The municipal judge.shall be removed in accordance with city personnel policies, procedures and standards only upon conviction of misconduct or malfeasance in office or conduct which is detrimental to the best Interest of the city or because of physical or mental disability rendering the judge incapable of performing the duties of the office.(Ord.4521§ 1(Exh.A), 1991.) 2.14.090 Municipal court hours. The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the.municipal court judge.(Ord.4521§1(Exh.A), 1991.) Chapter 2.14 ACC Page 2 I 2:14.100 Sentences. A. In all cases of conviction, unless otherwise provided in Chapters 3.30 through 3.74 RCW as amended as of or after the effective date of the ordinance codified in this chapter, 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 in full: B. A defendant who has been committed.shail be 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 afterd-educting the amount allowed for each day of imprisonment,which amount shall be the same and compued in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.04, as amended as of or after the effective date of the ordinance codified in this chapter. In addition,all other proceedings in respect of such fine and costs shall be the same as in like cases in the superior court.(Ord.5683§1,2002;Ord.4521§1(Exh.A),1991.) 2.14.110 Deferral and.suspension of sentences. Unless otherwise provided by state law,the municipal court shall have the following sentencing authority: 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 than two years from the,date of conviction. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges. B. For a period not to exceed.two years after imposition of sentence, the municipal court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence upon stated terms,including installment payment of fines. C. Deferral of sentence andsuspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension. Upon the revocation of the.deferral or suspension, the court shall impose the.sentence previously suspended or any,unezecuted portion thereof. In no case shall the court Impose a sentence greater than the original sentence,with credit given for time served and money paid on fine and costs. D. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held.(Ord.4521§ 1(Exh.A),1991.) 2.14.110 Complaints. All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person.(Ord.4521§1(Exh.A), 1991.) 2.14.130 Pleadings,practice and procedure. Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable.to municipal courts shall insofar as applicable, be governed by the statutes and rules existing or adopted as of or after the effective date of the ordinance codified in this chapter, governing pleadings,practices and procedures applicable to district courts.(Ord.4521§1.(Exh.A),1991,) Chapter 2.14 ACC Page 3 2.14.140 Case transfers. A transfer of a case from the.municipal judge to either another municipal judge of the city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in.accordarice with RCW 3.66.090 In all civil and criminal proceedings.(Ord.4521§ 1(Exh.A), 1991.) 2.14.150 Court seal. The municipal court shall have.a seal which shall be the vignette of George Washington,with the words "Seal of the Municipal Court of Auburn, State of Washington" surrounding the vignette. (Ord. 4521.§2(Exh.A),1991.) 2.14.160 Civil jury trials. In all civil cases, the plaintiff or defendant may demand a jury,which shall consist of six citizens of the state.who shall be 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,only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror shall receive $10.00 for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060.(Ord.4521§1(Ezh.A), 1991.) 2.14.170 Criminal process. All criminal process issued by the municipal court shall be in the name of the state 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.(Ord.4521§ 1(Exh.A),1991.) 2.14180 Revenue disposition. 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 36.18.040 or other similar statutes), fines, forfeitures,and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk and, together with any other revenues:received by the clerk,shall be deposited with the city finance director as a part.of the general fund of the city,or deposited in such other.funds as may be designated by the laws of the state. B. The city finance director shall remit monthly 32 percent of the money received under this section, other than for parking infractions, to the State Treasurer. Money remitted under this subsection to the State Treasurer shall be deposited as provided in RCW 43.08.250. C. The balance of the.money•received under this section shall be retained by the city-and deposited as provided by law.(Ord.4521§1(Exh.A),1991.) Chapter 2.14 ACC Page 4