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HomeMy WebLinkAbout3125Ordinance No. 3125 (Amending or Repealing Ordinances) CFN=983 — Municipal Court Facility Passed — 6/15/1993 Municipal Court Amended by Ord. 3604 (Sec. 2.34.040) Amended by Ord. 3617 (Sec. 2.34.050) Amended by Ord. 3687 (Sec. 2.34.050) Amended by Ord. 3806 (Sec. 2.34.050) ORDINANCE NO. -3!" AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new Chapter 2.34 to the Kent City Code entitled "Municipal Court" and thereby establishing a Municipal Court 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. 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 a population of four hundred thousand or less to establish a municipal court; and WHEREAS, the Kent City Council finds that the establishment of a municipal court for the City of Kent is in the best interests of the public health, safety and welfare of the citizens of Kent, Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. There is hereby added to the Kent City Code a new Chapter 2.34 entitled "Municipal Court," to read as follows: CHAPTER 2.34 MUNICIPAL COURT 2.34.010. Municipal Court Established. Effective on January 1, 1994, there is established a "Municipal Court of the City of Kent", hereinafter referred to as the "Municipal Court", which court shall have jurisdiction and j'shall exercise all powers enumerated herein and in Chapter 3.50 RCW, together with all such other powers and jurisdiction as are generally conferred upon courts of limited jurisdiction in the State of Washington either by common law, the general law, or by express statute. The Municipal Court shall be established as an office reporting to City Administration. 2.34.020. Court Seal. The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of Municipal Court of Kent, State of Washington", surrounding the vignette. 2.34.030. Jurisdiction. 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 6 statutes. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. 2.34.040. Judges Appointment - Qualifications. A. Within thirty (30) days after the effective date Ii of the ordinance creating the municipal court, a Municipal Judge s shall be appointed on either a full time or part time basis for a term of four (4) years beginning January 1, 1994 which term shall continue until December 31 of the fourth year thereafter. B. Except as set forth in subsection (C) below, the Municipal Judge shall be appointed by the Mayor, subject to confirmation by the City Council. Appointments shall be made on or before December 1 of the year next preceding the year in which the term is to commence. C. The Municipal Judge shall be elected under the following circumstances: 1. Each full time equivalent judicial position shall be filled by election. For purposes of this section, a full time equivalent position is thirty-five or more hours per week of compensated time. This requirement applies regardless of how many judges are employed to fill the position. 2. In any city with one or more full time equivalent judicial positions, an additional judicial position ori positions that is or are in combination more than one-half of a full time equivalent position shall also be filled by election. D. A person appointed as Municipal Judge shall be a citizen of the United States of America and of the State of 1 Washington and a resident of King County; and an attorney 3 admitted to practice law before the courts of record of the State of Washington. 2.34.050. Salaries - Costs. The salary of the Municipal Judge shall be fixed by ordinance upon adoption of the City's annual budget. If serving on a part time basis, he or she shall be compensated hourly. All costs of operation of 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. Jurors shall be paid a fee of fifteen dollars ($15.00) per day and mileage allowance pursuant to RCW 43.03.060. The City shall provide a suitable place for holding court and pay all expenses of maintaining it. 2.34.060. Vacancy - Removal of Judge. A Municipal Judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or! mental disability rendering the judge incapable of performing thel duties of the office. Any vacancy in the Municipal Court due to death, disability, removal or resignation of the Municipal Judge shall be filled by the Mayor, subject to confirmation by the City Council, for the remainder of the unexpired term. The appointed judge shall be qualified to hold the position of judge of the Municipal Court as provided in this chapter. 2.34.070. Municipal Court Employees. All employees of the Municipal Court shall be deemed employees of the City. They shall be appointed by City Administration; provided, that all applicable personnel practices 4 and procedures with respect to hiring and termination shall be followed. The appointment to the position of Court Administrator shall be subject to council confirmation. 2.34.080. Judges Pro Tem - Court Commissioners. j A. The Municipal 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 herein. The judge pro tem shall receive such compensation as is received, on an hourly basis, by the Municipal Judge, or as otherwise fixed by resolution or ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing Municipal Judge. B. The Municipal Judge may appoint one or more municipal court commissioners, who shall hold office during the pleasure of the Municipal Judge. Each municipal court commissioner shall have such power, authority and jurisdiction in civil and criminal matters as the Municipal Judge shall prescribe by court order. 2.34.090. Municipal Court Hours. The Municipal Court shall be open during all regular business days and hours as the other offices of the City shall be open, but the dates and times of open court shall be set by the Municipal Judge; provided, that the sessions of the open court shall not be on non -judicial days. .01 2.34.100. Revenue Deposits. All fees, costs, fines, forfeitures and other monies imposed or collected by the Municipal Court for the violation of any City ordinance, together with any other revenue received by the Municipal Court, shall be deposited with the City Treasurer as part of the general fund of the City. 2.34.110. Rules of Pleading, Practice and Procedure. The rules of pleading, practice and procedure before the Municipal Court shall be in accordance with the Rules for Courts of Limited Jurisdiction, as published by the Washington Supreme Court, as currently in effect, as may be subsequently amended. 2.34.120. Use of Credit Cards. The Municipal Court may permit the use of credit cards for purposes of billing and collecting unpaid penalties, fines, costs, assessments, and forfeitures imposed. The Municipal Court may enter into agreements with one or more financial institutions for the purpose of such collections. The said agreements may specify conditions, remuneration for services, and other charges deemed appropriate, upon confirmation by the City Council. 2.34.130. Use of Collections Agencies and Attorneys. A. The Municipal Court may use collection agencies as defined in Chapter 19.16 RCW for purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgements, or forfeitures that have been imposed by the Court. The Municipal Court may enter into agreements, with the confirmation of the City Council, with one or more attorneys or collection agencies for collection of outstanding penalties, 31 fines, costs, assessments, and forfeitures. These agreements may specify the scope of work, remuneration for services, and other I charges deemed appropriate. B. Servicing of delinquencies by collection agencies or by collecting attorneys in which the Municipal Court retains control of its delinquencies shall not constitute assignment of debt. C. The term "debt" shall include penalties, fines, costs, assessments, or forfeitures imposed by the Municipal Court. D. The Municipal Court may assess, as court costs, the monies paid for remuneration for services or charges paid to collecting attorneys, to collection agencies, or, in the case of credit cards, to financial institutions. 2.34.140. Sentences. A. In all cases of conviction, unless otherwise provided in chapters 3.30 through 3.74 RCW as now or hereafter 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 in full. B. A defendant who has been committed shall 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 after deducting from the whole amount any previous payment, and after deducting the amount allowed 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 amended. In 7 addition, all other proceedings in respect of such fine and costs shall be the same as in like cases in the superior court. C. Every person convicted by the municipal of a violation of the criminal provisions of an ordinance for which no punishment is specifically prescribed in the ordinance shall be punished by a fine of not more than five thousand dollars ($5,000.00) or imprisonment in the city jail of a period not to exceed one (1) year, or both such fine and imprisonment. 2.34.150. 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 sentencingy and place the defendant on probation and prescribe the conditions thereof, but in no case shall it extend for more than two (2) years from the date of conviction. During the time of the deferral, the court may, for good cause shown, permit a defendant 1, 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 (2) years after i 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 and suspension 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. 2.34.160. Criminal Process. All criminal process issued by the Municipal Court shall be in the name of the State of 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. Section 2. The enactment of this ordinance shall not 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. Section 3. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. ATTEST: BRENDA JACO ITY CLERK DAN KELLEHER, MAYOR 9 APPROVED AS TO FORM: ROGEt A. LU1bOVICH, CITY ATTORNEY_ PASSED �� day of APPROVED /( day PUBLISHED IS' da 1993. , 1993. , 1993. I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. MUNICRT.ORD (SEAL) BRENDA J OBE CITY CLERk 10