CHAPTER 1-15
MUNICIPAL COURT
SECTIONS:
1-15-001-0001 MUNICIPAL COURT ESTABLISHED
1-15-001-0002 MUNICIPAL JUDGE, PRESIDING MAGISTRATE, HEARING OFFICERS
1-15-001-0003 DOCKET
1-15-001-0004 TRIAL BY JURY
1-15-001-0005 SENTENCING
1-15-001-0006 DISBURSEMENT OF FINES
1-15-001-0007 JUDGMENT
1-15-001-0008 FEES TO BE CHARGED BY THE CITY COURT
1-15-001-0009 ESTABLISHMENT OF FUNDS AND ALLOCATION OF FEES
1-15-001-0010 AUTHORITY TO SET FEE AMOUNTS
1-15-001-0011 CIVIL ENFORCEMENT PROCEDURES
1-15-001-0001 MUNICIPAL COURT ESTABLISHED
A Municipal Court, having power and jurisdiction to hear and adjudicate all criminal misdemeanors, civil traffic offenses occurring within the City limits, City ordinances, orders of protection, hearings to keep the peace, harassment injunctions, and the issuance of summonses and arrest warrants with the authority coming from State statutes and this City Code, this Court is hereby established.1 The Municipal Court is part of the judicial branch of government and is and shall remain independent from other branches as provided for in the Arizona Constitution, Article III, and Article IV, Sections I and III. (Ord. 1761, 07/21/92)
1Charter Art. XI, Sec. 2
1-15-001-0002 MUNICIPAL JUDGE, PRESIDING MAGISTRATE, HEARING OFFICERS
A. Municipal Judge: All Municipal Judges shall serve a term of two (2) years. The two (2) year term shall commence August 1st, and terminate July 31st. During such term, a Municipal Judge may be removed only for cause. All Municipal Judges shall be appointed by the Council. All Municipal Judges, including but not limited to those described in subsection (C) of this section, must be admitted to the practice of law in the State of Arizona.
B. Presiding Magistrate: Appointed by the Council, presides over a court calendar as well as having administrative authority to hire, supervise, discipline, and terminate its non-appointed court employees. (Supreme Court Administrative Orders 83-11, 90-3, and Rule I, Uniform Rules of Practice of the Superior Court, and the principle of judicial independence under the doctrine of separation of powers as defined in the State Constitution, Article III). The Presiding Magistrate shall follow all Personnel Policies adopted and amended by the City Council. Further, the Presiding Magistrate shall utilize the Personnel Board created by Ordinance No. 971 and appointed by the City Council. The findings and recommendations of the Personnel Board shall be forwarded to the Presiding Magistrate for action. The Presiding Magistrate shall accept in whole or in part, or reject, said findings and recommendations.
C. Additional Municipal Judges: In conformance with subsection (A) of this section, the City Council may appoint one (1) or more additional Judge(s).
1. On-Call: This position will be paid on an hourly basis for each hour worked at a rate determined by the City Council at the time of appointment. This position will not have a set schedule and will work only at such times as required by the Presiding Magistrate when other Municipal Judges are not available.
2. Part-Time: This position will be paid on an hourly basis for each hour worked at a rate and for a specific number of hours per week as determined by the City Council at the time of appointment. The Presiding Magistrate will schedule actual times and days of work. Additional Judges working twenty (20) hours per week or more, as authorized by the City Council, will also be eligible for full health, life and dental insurance benefits.
D. Civil Traffic Hearing Officers: The Council may appoint Hearing Officers to preside over civil traffic violation cases as provided in A.R.S. Section 28-1055, as amended. Hearing Officers shall serve under the supervision of the Presiding Municipal Judge, for a term of two (2) years. The two (2) year term shall commence August 1st, and terminate July 31st. During such term, a Hearing Officer may be removed only for cause. (Ord. 1721, Amended, 11/19/91; Ord. 1761, Amended, 07/21/92; Ord. 1808, Amended, 06/28/93; Ord. 1860, Amended, 02/07/95; Ord. 2016-11, Amended, 03/22/16)
1-15-001-0003 DOCKET
A court docket shall be maintained of all proceedings conducted. Each case entry shall show the name of the defendant, the proceedings held, plea entered and/or judgment set forth, and sentence. (Ord. 1761, 07-21-92)
(Ord. No. 1761, Amended, 07-21-92)
1-15-001-0004 TRIAL BY JURY
A defendant shall have the right to a jury trial for the following offenses: Driving While Under the Influence (DUI), Theft/Shoplifting, and Sex Related Crimes. The granting of a jury trial for an offense other than those listed above shall be within the sole discretion of the Judge. (Ord. 1761, 07-21-92)
(Ord. No. 1721, Rep&ReEn, 07-21-92)
1-15-001-0005 SENTENCING
Sentencing for criminal misdemeanors shall be within the limits as prescribed by Title 13 of the Arizona Criminal Code. (Ord. 1761, 07-21-92)
(Ord. No. 1761, Rep&ReEn, 07-21-92)
1-15-001-0006 DISBURSEMENT OF FINES
Fines collected shall be deposited into the General Fund account with mandatory surcharges being disbursed into appropriate accounts. (Ord. 1761, 07-21-92)
(Ord. No. 1761, Rep&ReEn, 07-21-92)
1-15-001-0007 JUDGMENT
In all actions arising under any provisions of this Code for the enforcement thereof or the recovery of any fine, penalty or forfeiture thereunder, the first process shall be a warrant for the arrest of the offender, or summons to appear, and in all such actions execution may be issued against the estate of the defendant for the amount of any fine, penalty or forfeiture, with costs and accruing costs; provided, that this Section shall not be construed to prevent a judgment of a fine.
1-15-001-0008 FEES TO BE CHARGED BY THE CITY COURT
A. The following fees are hereby established to be collected by the City Court:
Jail Reimbursement Fee
Court Improvement Fee
Probation Client Fee
Warrant Fee
Suspension Fee
Default Fee
Court Disposition Reporting Fee
Time Payment Fee
B. Jail Reimbursement Fee - Any person who has been convicted of a misdemeanor criminal offense in the City Court and sentenced to a term of incarceration in the county jail, or any other detention facility authorized by law, may as a part of any fine imposed by the City Court in connection with the sentencing, be required to reimburse the City for all or any part of the actual expenses the City has or will incur to the county or other authorized detention authority by reason of the incarceration. The maximum amount ordered for reimbursement under this Section shall not exceed the number of days the misdemeanant is actually incarcerated in the county jail or detention facility, multiplied by the prevailing per diem rate, plus the booking fee, charged to the City at the time that the misdemeanant is incarcerated.
C. Court Improvement Fee - The City Court shall collect a court improvement fee which shall be applied by the City Court on all fines, sanctions, penalties and assessments imposed by the City Court. The improvement fee shall also apply to fees collected for court authorized diversion programs. "Court authorized diversion program," as used in this Section, means a program in which an individual charged with any civil, criminal, or petty offense is not prosecuted for the offense on successful completion of an authorized diversion program and it includes authorized defensive driving courses.
D. Probation Client Fee - Any person who has been convicted of a criminal misdemeanor, petty offense, or local code violation in the City Court and sentenced to a term of probation, may as part of any fine imposed by the City Court in connection with the sentencing be required to pay a fee to the City to help defray the cost of probation services as provided by City Court. The minimum amount ordered for reimbursement on summary or supervised probation under this Section shall be established on a per month basis for each month or part thereof that the defendant is sentenced to probation.
E. Warrant Fee - The City Court shall collect a warrant fee for each warrant issued by the court. Any person who has a warrant issued by the court for failure to appear, failure to comply with a court order, or any other warrant from the bench shall be required to pay this fee to the City for the cost of issuing and servicing the warrant.
F. Suspension Fee - The City Court shall collect a suspension fee for each suspension on a driver’s license issued by the court. Any person who has had a suspension issued by the court for failure to pay a civil traffic fine or for any other reason shall be required to pay this fee to the City for the cost of issuing and servicing the suspension. This fee shall be applied to each suspension issued.
G. Default Fee - The City Court shall collect a default fee for each default judgment entered on a civil traffic violation because the person cited failed to respond to the citation or summons. Any person who has had a default judgment entered against them for failure to respond to a civil traffic citation shall be required to pay this fee to the City for the cost of issuing and servicing the default judgment. This fee shall be applied to each default issued.
H. Court Disposition Reporting Fee - The City Court shall collect a disposition reporting fee which shall be applied by the City Court on all charges in which a disposition of the charge must be reported to the Department of Public Safety ("DPS") or the Arizona Department of Transportation, Motor Vehicle Division ("ADOT MVD"). The disposition reporting fee shall not be applied to cases in which the disposition reported is "not responsible" or "not guilty" or of similar disposition type. The disposition reporting fee shall apply to fees collected for court authorized diversion programs. "Court authorized diversion program," as used in this Section, means a program in which an individual charged with any civil, criminal, or petty offense is not prosecuted for the offense on successful completion of an authorized diversion program and it includes authorized defensive driving courses.
I. In addition to any other assessment authorized by law, the court shall collect a time payment fee on each person who pays a court ordered penalty, fine, or sanction on a time payment basis, including parking penalties, restitution and juvenile monetary assessments. A time payment basis shall be any penalty, fine, or sanction not paid in full on the date the court imposed the fine, penalty, or sanction.
J. If a person has been found by the City Court to be indigent, the City Court magistrate may reduce the amount of any fee set forth in this Section based upon the individual’s ability to pay.
K. In addition to any other remedies which may be allowed by law, the City Attorney is authorized to institute civil legal proceedings in any court of competent jurisdiction to recover any fee owing under this Section.
(Ord. No. 1761, Repealed, 07-21-92; Ord. No. 1939, Rep&ReEn, 04/15/97; Ord. 2002-13, Amended, 09/03/2002; Ord. 2002-01, Amended, 03/27/2002; Ord. 2011-10, Amended, 07/05/2011)
1-15-001-0009 ESTABLISHMENT OF FUNDS AND ALLOCATION OF FEES
A. City Court Improvement Fund - There is hereby established a City Court Improvement Fund, which shall be used exclusively to enhance the technological, operational, and security capabilities of the City Court. The Court Improvement Fund shall be established as a designated fund account with the City Treasurer. The City Court shall collect the court improvement fees as defined in this Section and deposit them in the Court Improvement Fund account. The City Treasurer shall invest the monies in the fund in the same manner as City funds. Interest earned on fund monies shall be deposited in the fund.
B. City Court Collection Fund - There is hereby established a City Court Collection Fund, which shall be used exclusively to enhance the technological, operational and security capabilities of the City Court, especially, but not exclusively in regards to collection programs. The Court Collection Fund shall be established as a designated fund account with the City Treasurer. The City Court shall collect warrant and suspension fees as defined in this Section and deposit them in the Court Collection Fund account. The City Treasurer shall invest the monies in the fund in the same manner as City funds. Interest earned on fund monies shall be deposited in the fund.
C. City Court Facility Fund - There is hereby established a City Court Facility Fund, which shall be used exclusively to improve existing and develop new facilities for the City Court, and support the operational and security capabilities of the City Court. The Court Facility Fund shall be established as a designated fund account with the City Treasurer. The City Court shall collect court disposition reporting fees as defined in this Section and deposit them in the Court Facility Fund account. The City Treasurer shall invest the monies in the fund in the same manner as City funds. Interest earned on fund monies shall be deposited in the fund.
D. Allocation of Fees - All fees not designated to be deposited in a specific fund as defined in this Section are to be deposited in the City general fund account as reimbursement for costs of court operations.
(Ord. No. 1761, Repealed, 07-21-92; Ord. No. 1939, Rep&ReEn, 04/15/97; Ord. 2011-10, Amended, 07/05/2011)
1-15-001-0010 AUTHORITY TO SET FEE AMOUNTS
A. The amount to be charged by City Court for all fees set forth in this section is to be set by the Presiding Magistrate of City Court who will inform the City Council in writing of the fees set.
B. If the City Council desires changes in the fee schedule submitted by the Presiding Magistrate, the Presiding Magistrate may resubmit a new fee schedule as often as deemed necessary. The most recent fee schedule will remain in effect until a new fee schedule is submitted by the Presiding Magistrate.
(Ord. No. 1761, Repealed, 07-21-92; Ord. No. 1939, Rep&ReEn, 04/15/97)
(Ord. 2002-13, Amended, 09/03/2002)
1-15-001-0011 CIVIL ENFORCEMENT PROCEDURES
A. Scope
These Rules shall apply in all proceedings involving the adjudication of civil violations of the Flagstaff City Charter, Flagstaff City Code, or Flagstaff City Ordinance(s) bearing a civil sanction or penalty.
B. Definitions
1. For the purposes of these rules, a "civil violation" means any violation of the City Charter or City Code wherein the enforcement action undertaken may result in the imposition of a civil sanction or penalty.
2. "City" means the City of Flagstaff.
3. "City Code" means the Charter and City Code of the City of Flagstaff.
4. "Civil Parking Violation" means any violation of the City Code or City Ordinances which regulate the time, place or method of parking.
5. "Court" means the Municipal Court of the City of Flagstaff.
6. "Respondent" means the person or entity charged with a violation of the City Code.
C. Civil Violation and Civil Parking Violation; Complaint and Summons; Citation
1. Civil violation actions, except civil parking violation actions, shall be commenced either by citation or civil complaint. Any City employee responsible for the enforcement of any provision of the City Charter, City Code, or City Ordinance bearing a civil sanction or penalty may issue a citation. Alternatively, the city attorney may file a civil complaint with the court. Upon receipt of the complaint, the court shall issue a summons.
2. The citation or civil complaint and summons may be served by any method authorized by the Arizona Rules of Civil Procedure, except that service may not be by publication. If service is made by certified mail, the return receipt shall be prima facie evidence of service.
3. The citation or civil complaint and summons shall direct the respondent to appear not more than twenty-five (25) calendar days after personal service or mailing, if service is made by certified mail.
4. The citation or civil complaint and summons shall contain at least the following information: The time, date, and place of the alleged violation; reference to the City Ordinance or Code provisions violated; the time, date, and place for the respondent to appear; an affirmation signed by the citing official that the violation took place; and warning of default in the event of failure to appear.
5. Civil parking violations shall be commenced in accordance with current City Ordinance regulating such actions including manner of notice and time frames for response.
D. Cases to be Heard by Magistrate, Part-Time Magistrate or On-Call Magistrate
1. A Magistrate, Part Time Magistrate, On-Call Magistrate, or other judicial position established by City Charter or City Ordinance shall hear and dispose of civil violations, and may make such orders as may be necessary and proper to such dispositions.
2. Cases shall be heard without a jury.
E. Sufficiency of the Complaint
No complaint shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific violation which the respondent is alleged to have committed if the complaint contains either a written description of the violation or the section of the City Code alleged to have been violated.
F. Amending the Complaint
1. The court shall permit a citation or complaint to be amended at any time before judgment if no additional or different violation is charged and if substantial rights of the respondent are not prejudiced.
2. The citation or complaint shall be amended to conform to the evidence adduced at hearing if no addition or different violation is charged and if substantial rights of the respondent are not hereby prejudiced.
3. All amendments to a citation or complaint shall relate back to the date of violation.
G. Appearance and Entry of Plea
1. The respondent or respondent’s attorney may admit the allegations of the citation or compliant by appearing in person or, for those violations with a fixed fine amount, by mail received by the court within twenty-five (25) calendar days admitting responsibility for the violation and paying the prescribed fine.
2. The respondent or respondent’s attorney may deny the allegations of the complaint by appearing in person. The respondent or the respondent’s attorney may also deny the allegations of the complaint by delivering to the court a written denial signed by the respondent or respondent’s attorney. Upon denial, the court shall set the matter for hearing and notify the respondent and the City of the date, time and place for the hearing in writing. The respondent’s notice shall be sent to the address set forth on the complaint unless a different address is provided to the court in writing by the respondent or respondent’s attorney.
H. Notice of Counsel
1. If a hearing is set on the citation or complaint, the court shall promptly provide the respondent written notice that the right to be represented by counsel is waived unless the respondent notifies the Court and City in writing at least ten (10) calendar days prior to the hearing date of their election to be represented by counsel. Such notice shall specify the appropriate place and manner for filing the notice of counsel.
2. Absent extraordinary circumstances, if a notice of appearance by a respondent’s counsel is not received by the court at least ten (10) calendar days prior to the hearing, a respondent’s right to counsel is deemed waived.
I. Representation of the City
The City need not be represented by counsel at the hearing on a complaint or citation. The City’s right to be represented by counsel at the hearing is waived unless the City notifies the court and the respondent or the respondent’s attorney of its election to be represented by counsel. Absent extraordinary circumstances notice must be made at least ten (10) calendar days prior to the hearing date, or within ten (10) calendar days of receipt of notice that the respondent will be represented by counsel, whichever is later.
J. Discovery
1. Pretrial discovery is not required.
2. Immediately prior to the hearing, both parties shall produce for inspection any exhibits and written or recorded statements of any witness which have been prepared and may be offered at the hearing. Failure to comply with this Rule may result, in the court’s discretion, in the granting of a recess or continuance to permit such inspection or the exclusion of evidence not so exchanged.
3. Either party may subpoena witnesses as provided by A.R.S. 13-4072. Such witnesses are not entitled to fees for appearing in connection with a civil violation or civil parking violation proceeding.
K. Consolidated Cases
If civil and criminal cases are based on the same conduct or are otherwise connected together in their commission, the cases may be consolidated at any point in the proceedings on the motion of any party, or on the court’s own motion. At the trial of any consolidated case, the Rules governing the criminal case shall apply, except that the civil case shall be tried to the court and the standard of proof in the civil case shall be by a preponderance of the evidence.
L. Continuances
The court may, upon motion of any party or on its own motion, continue or reschedule the hearing on a civil violation for a period not exceeding thirty (30) days, if it appears that the interests of justice so require.
1. Absent extraordinary circumstances, any motion to continue or reschedule a hearing shall be filed no less than five (5) calendar days prior to the scheduled hearing.
2. A motion to continue or reschedule does not excuse a party or party representative from attending the hearing while the motion remains pending.
M. Oath
All testimony shall be given under oath or affirmation.
N. Questioning of Witnesses
1. The court may, on its own motion, call and examine witnesses present at the hearing, including the respondent in cases other than those consolidated pursuant to Subsection K, above.
2. No person may be examined or cross-examined at the hearing except by the court, an attorney for a party, the respondent or their attorney.
O. Rules of Evidence
The Arizona Rules of Evidence shall not apply in civil violation proceedings. Any evidence offered shall be admitted subject to a determination by the Magistrate, Part-Time Magistrate, On-Call magistrate, or other judicial position established by City Charter or City Ordinance that the offered evidence is relevant and material, not cumulative and has some probative value as to a fact at issue. Nothing in this Rule is to be construed as abrogating any statutory provision relating to privileged communications.
P. Witnesses
All witnesses for the City’s case-in-chief, other than the respondent, shall be required to testify prior to the respondent being required to testify or produce any evidence. A witness not called to testify in the City’s case-in-chief may be called to testify in rebuttal.
Q. Order of Proceedings
The order of proceedings shall be as follows:
1. Testimony of City’s witnesses.
2. Testimony of respondent’s witnesses.
3. Testimony of City’s rebuttal witnesses, if any.
4. Testimony of respondent’s surrebuttal witnesses, if any.
5. Argument of the parties or their counsel if permitted by the court.
6. Ruling by the court based on the preponderance of the evidence.
R. Record
A record of the proceeding shall be made by digital recording, video recording, court reporter, or by any other method of accurately reproducing what occurred at the proceedings which is approved by the Supreme Court.
S. Default by the Respondent
1. If the respondent fails to appear as required, the allegations of the complaint or citation shall be deemed admitted, and the court shall enter judgment for the City and impose a civil sanction.
2. If it appears that the respondent was in the active military service on the date of violation, no default judgment may be entered. In such cases, the court may notify the respondent’s commanding officer, if known, of the respondent’s failure to appear.
3. If a default is entered and a civil sanction imposed the respondent may also be subject to an administrative default fee as determined by the court.
T. Default by the City
If no witness for the City, excluding the respondent, appears at the time set for hearing on a civil violation, the court shall dismiss the complaint without prejudice, unless the court, for good cause shown, continues the hearing to another date. This Rule shall not apply to those instances (such as civil parking violations) where the citation constitutes prima facie evidence of the civil parking violation.
U. Findings and Judgment.
1. If the court finds in favor of the City, the court shall enter judgment for the City and impose a civil sanction.
2. If the court finds in favor of the respondent, the court shall enter a finding of not responsible.
3. If appropriate the court shall enter an order of abatement and a date for compliance with that order.
V. Setting Aside Default Judgment
1. For good cause shown, and upon terms the court deems just, the court may set aside a judgment entered upon a failure to appear. A motion to set aside a default judgment shall be made in writing with thirty (30) calendar days after the entry of the default judgment.
2. At any time, the court may set aside a judgment entered upon a failure to appear, if it appears that the respondent was not served with a copy of the complaint or citation as provided by law, or for any other reason where necessary to prevent a manifest injustice.
W. Right to Appeal
1. Any party may appeal to the Superior Court from a final order or judgment in a civil violation case, with the exception of civil parking violations, as provided by law. Any appeal shall be governed by the Superior Court Rule of Appellate Procedure - Civil, except that the appeal shall be on the record unless the Superior Court adjudges the record insufficient or not in proper condition to enable the Court to adjudicate the issues, in which case a trial de novo may be granted.
2. Immediately following judgment and imposition of a civil sanction after hearing, the Court shall notify the respondent in writing of the right to appeal. Such notice shall state that a right to appeal exists, the applicable time limit, and the location and manner of filing the notice of appeal, and shall refer the respondent to the Rules governing the appeal process.
3. A respondent who admits responsibility waives the right to appeal
X. Consolidated Appeals
When an appeal is taken in both civil and criminal cases consolidated for trial, the Rules governing criminal appeals shall apply.
Y. Appeal; How Taken
1. An appeal shall be taken by filing a written notice of appeal with the lower court within ten (10) calendar days after the entry of the order or judgment appealed from.
2. The notice of appeal shall identify the order or judgment appealed from. It shall be signed by the appellant or appellant’s attorney, if any, and shall contain the names, addresses and telephone number of all parties and their attorneys.
3. When a party appeals, the lower court shall send a copy of the notice of appeal to the other party or the other party’s attorney, if any.
4. The appealing party shall be responsible for all fees and bonds unless a waiver or deferral is granted by the lower court.
5. Within five (5) calendar days after a notice of appeal is filed the appellant shall make arrangements with the lower court to pay for the record. The lower court shall notify the Superior Court and the appellant if the appellant fails to make satisfactory arrangements within the prescribed time. The Superior Court may dismiss the appeal ten (10) calendar days after receipt of such notification.
6. Upon notice that the appellant has made arrangements to pay for the record the lower court shall within sixty (60) calendar days prepare and transmit the record to the Superior Court.
Z. Administrative Provisions
1. This Rule shall be prospective in its application effective after approval by the Supreme Court of Arizona. The implementation date is to be established by the Presiding Magistrate, and no case filed on or before such date shall in any way be effected by the provisions hereof.
2. The Presiding Magistrate of the Municipal Court of the City of Flagstaff may, from time to time, adopt such administrative Rules, regulations, or orders as may be necessary to assist the court’s administrative staff in the administration and implementation of the Rule.
(Amended Ord. No. 2010-09, 09/07/2010)