HomeMy WebLinkAbout4333ORDINANCE NO. 4333
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Chapter 2.34 of
the Kent City Code relating to the Kent Municipal
Court, and enacting a new Chapter 2.34 relating to
the Kent Municipal Court.
RECITALS
A. The Kent Municipal Court was established in accordance with
Chapter 3.50 RCW, which provides a municipal court structure which may
be used by cities with a population of four hundred thousand (400,000) or
less. The Kent Municipal Court began operations on January L, L994.
B. The Washington Court Rules are established by the Washington
Supreme Court and govern numerous aspects of court operations and
procedures. Included within the Washington Court Rules are the Rules of
General Application ("GR").
C. GR 29 was adopted by the Washington Supreme Court in 2OO2,
and requires a municipal court with more than one judge to establish a
procedure by local court rule for the judges to elect a presiding judge. GR
29 also sets fofth judicial and administrative duties of the presiding judge
that cannot be delegated to persons in either the legislative or executive
branches of govern ment.
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D. Chapter 2.34 of the Kent City Code sets forth Kent's laws
regarding the establishment and administration of the Kent Municipal Court.
Chapter 2.34 KCC has not been amended since the Supreme Court's
adoption of GR 29. In addition, the current Chapter 2.34 KCC contains
numerous provisions that originally mirrored Chapter 3.50 RCW. However,
since the adoption of Chapter 2.34 KCC, many provisions of Chapter 3.50
RCW have been amended, and like amendments have not made to Chapter
2.34 KCC.
E. It is necbssary to amend portions of Chapter 2.34 KCC to better
align the chapter with the requirements of GR 29 and the current version of
Chapter 3.50 RCW. Due to the extensive nature of the amendments,
Chapter 2.34 KCC is being repealed in its entirety, and reenacted.
F. The repeal and reenactment of Chapter 2.34 KCC is primarily a
housekeeping measure, and will not change the daily operations at the Kent
Municipal Court.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7, - RepeaL Chapter 2.34 of the Kent City Code, entitled
"Municipal Court," is hereby repealed in its entirety.
SECTION 2. - New Chapter. A new Chapter 2.34 of the Kent City
Code, entitled "Municipal Court," is hereby enacted as follows:
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Chapter 2.34
MUNICIPAL COURT
Sec. 2.34.010. Municipal court established. Effective January 1,
L994, and pursuant to Chapter 3.50 RCW, there is established "The
Municipal Court of the City of Kent," hereinafter referred to as the "municipal
cou rt. "
Sec. 2.34.O2O. Jurisdiction - Pleading, practice and procedure
- References to state law.
A. The municipal court shall have the jurisdiction and shall exercise all
powers enumerated in Chapter 3.50 RCW and the Kent City Code, 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, statutes, regulations, city code provisions, or rules established by the
Washington Supreme Court.
B. Matters and subjects regarding the municipal court not addressed in
this chapter shall be controlled and governed by Chapter 3.50 RCW as well
as common law, statutes, regulations, city code provisions, or rules
established by the Washington Supreme Court.
C. All references to state laws in this chapter are references to the laws
as now enacted or hereafter amended or recodified.
Sec. 2.34.O3O. 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 Kent, State of Washington," surrounding the vignette.
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Sec. 2.34.O4O. Judges Election Appointment
Qualifications.
A. The municipal court shall have two (2) full-time elected judicial
positions titled "Position I" and "Position II." Position I was filled by election
with the term beginning January L, 2OO2. Position II was filled by election
with the term beginning on January L,2006. Each position is filled for a term
of four (4) years. Elections required by this section shall be conducted in
accordance with RCW 3.50.050.
B. A municipal court judge ffi?y, in accordance with RCW 3.50.093 and
RCW 3.50.095, be appointed by the mayor to fill an existing judicial position
in the event a vacancy occurs due to the death, disability, resignation,
retirement, or removal. Additional municipal court judges may be appointed
by the mayor in accordance with RCW 3.50.070 when public interest and
the administration of justice makes such additional judge or judges
necessary.
C. A person elected or appointed as municipal court judge shall be a
citizen of the United States of America, a resident of King County, and an
attorney admitted to practice law before the courts of record of the state of
Washington.
D. Every judge of the municipal court, before entering upon the duties
of the office, shall take and subscribe the following oath or affirmation: "I
do solemnly swear (or affirm) that I will support the Constitution of the
United States and the Constitution of the State of Washington, and that I
will faithfully discharge the duties of the office of judge of the municipal court
of the city of Kent according to the best of my ability." No bond shall be
required for the faithful performance of the judge's duties.
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Sec. 2.34.O5O. Municipal judge salary - Costs. The city will
automatically adjust the salary paid to the Kent municipal court judges who
meet the requirements of RCW 2.56.030(22) to an amount equal to 95
percent of the salary of district court judges as set by the Washington
Citizens' Commission on Salaries for Elected Officials. The Kent municipal
court judge salary adjustments required of this section shall be effective on
a date commensurate with the effective date of adjustments to the salaries
of district court judges made by the Washington Citizens' Commission on
Salaries for Elected Officials.
Sec. 2.34.060. Judges pro tem - Court commissioners. A judge
pro tem or commissioner appointed in accordance with RCW 3.50.075 or
RCW 3.50.090 shall receive compensation at the rate of sixty dollars
($60.00) per hour unless modified 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 elected municipal judges.
Sec. 2.34,O7O. Court Administrator. There is hereby created the
position of court administrator who shall be in charge of the administrative
functions of the municipal court subject to the powers vested upon the
municipal court judge pursuant to Chapter 3.50 RCW or court rule. The court
administrator shall be appointed by and report directly to the presiding
judge.
Sec. 2.34.O8O. 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 presiding judge; provided, that the municipal court shall not be open on
non-judicial days.
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Sec. 2.34.O9O. Juror Fees. Jurors shall be paid a fee of $15 for
each day in attendance at the municipal court and shall receive a mileage
allowance pursuant to RCW 43.03.060.
Sec. 2.34.1OO. Inmate participation in programs. Any person
sentenced by the municipal court for a commitment or period of confinement
at the Kent corrections facility, and who serves such commitment or
confinement at the Kent corrections facility, ffidy, pursuant to Kent
corrections facility policies, be eligible for corrections facility programs or
incarceration alternatives as set forth in Ch. 9.34 KCC; provided, the
municipal court ffi?y, in its sound discretion, prohibit the inmate from
participating in one (1) or more programs or incarceration alternatives. The
court shall state its reason(s) for limiting program consideration on the
record. Upon the motion of any pafty and for good cause shown,
reconsideration of eligibility or prohibition from programs may be argued
before the court.
Sec. 2,34.110. 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 (1) or more financial institutions
for the purpose of such collections. Said agreements may specify conditions,
remuneration for services, and other charges deemed appropriate, upon
confirmation by the city council.
Sec. 2.34.120. 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 judgments, 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 (1) or more attorneys or
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collection agencies for collection of outstanding penalties, fines, costs,
assessments, and forfeitures. These agreements may specify the scope of
work, remuneration for services, and other 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.
Sec. 2.34.130. 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 unless otherwise required by law.
SECTION 3, - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining poftion of this ordinance
and the same shall remain in full force and effect.
SECTION 4, - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 5. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law.
Oo"t\f,-r*M^
DANA RALPH, MAYbR \
ATTEST:
KIMBERLEY A.OTO, CITY CL RK
APPROVED AS
c CITY ATTORNEY
September 3, 2019
Date Approved
September 3. 2019
Date Adopted
September 6-2019
Date Published
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Ch. 2,34 KCC Municipal Court
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STATE OF WASHINGTON, COUNTY OF KING }AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the Publisher of the
Kent - Covington Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King county, washington. The
Kent - covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent - Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice (871927),a:
Public Notice
was published on September 6tho2019.
The full amount of the fee charged for said foregoing publication is the
sum
Polly Shepherd, Publisher, Kent - Covington Reporter
sworn to me this 6th day of Septembero 20
Gale Gwin, Notary Public for the State of washington, Residing in covington,wA
.".'UlLi!'ti;:,,"
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Classified Proof
ORDINANCE NO.4333 -AN ORDINAI{CE of rheCity Council of the Cirvof Kent, Washinolon^ r;pedling Chaprer-2.i ofllle Kent City Code blat_
!t9 lo the Kent Municioitcourt, and endainb'a
new Chapter 2.3+ nilat_
Bfrtf;.*u
Kenr Munhipat
This ordinence shall takeeffect and be in force 30day6 irom and affer its
g?r"ro as proviled by
A copy of lhe comDletetext of $b ordinanc6 wiilb€ maiM upon ]eouest
of th6 Citv C[€rk.Kimberlei A. Komoto.
Gity Clerk
Classified Proof
?53i56.572s
9+9te6@E€ottnln,qo!,fuoll6ned tn the Kent_govington RemrtEr Sea-tembft 6,2019lt8719i7