ARTICLE IV.
MUNICIPAL COURT1
Sec. 2-70 Established.
There is hereby established a municipal court.
(Ord. No. 408, § 1, 1-12-81)
Sec. 2-71 City magistrate.
The city magistrate shall be appointed by the common council and shall serve a term of not less than two years and no more than six years with the beginning and end of the term specified at the time of appointment. During such term, a magistrate may be removed for cause. The compensation of the magistrate shall not be decreased during the magistrate’s term. The city magistrate may serve multiple terms.
(Code 1966, § 5-11; Ord. No. 566, § 1, 3-4-85; Ord. No. 1847, § 1, 1-2-18; Ord. No. 1936, § 1, 2-15-22)
State law references: Police court generally, A.R.S. § 22-401 et seq.
Sec. 2-72 Applicability of rules of criminal procedure.
The Arizona rules of criminal procedure that apply to justice of the peace courts shall also apply in the municipal court.
(1970 Supp., § 5-20; Ord. No. 408, § 1, 1-12-81)
Sec. 2-73 Summoning and forming juries.
The city hereby adopts the optional procedure incorporated in Arizona Revised Statutes section 22-426 for summoning and forming, drawing and impaneling a jury as in a court of record.
State law references: Juries, A.R.S. Tit. 21; formation generally, § 21-301 et seq.
Sec. 2-74 Jury commissioner.
The clerk of the municipal court is hereby designated to serve as jury commissioner.
(Ord. No. 408, § 1, 1-12-81)
Sec. 2-75 Fees for jurors.
The city shall pay all jurors serving in the municipal court the fees allowed by state law for jurors in the justice courts.
(Ord. No. 408, § 1, 1-12-81)
Sec. 2-76 Court hearing officer.
(a) The city magistrate may appoint such court hearing officers as may be required by the Kingman Municipal Court to serve at the pleasure of the court. The court hearing officer shall have all the qualifications as may be established by the Arizona Supreme Court or as may be required by statute or rule for such officers. The compensation to be received by the court hearing officers for the performance of their duties shall be in an amount as established by the presiding city magistrate.
(b) The powers and duties of the court hearing officer shall be those as may be established by city ordinance, statute, the rules of the Arizona Supreme Court or the local rules of court as established in Mohave County.
(Ord. No. 1220, 5-17-99)
Sec. 2-77 Administrative fee schedule; court enhancement fund; jail cost recovery.
(a) Warrant and suspension fees.
(1) Warrant fee. The municipal court may collect a warrant fee of one hundred and twenty dollars ($120.00) for each warrant the court is required to issue as the result of a failure to appear, which includes any failure to appear at a scheduled, or otherwise required court appearance. This fee applies to all forms and types of warrants and shall be added to the amount set forth in the arrest warrant.
(2) Suspension fee. The municipal court may collect a suspension fee of sixty dollars ($60.00) for each suspension of an Arizona driver’s license or privilege to drive in the State of Arizona which the court is required to issue as the result of a failure to pay civil sanction, or a default judgment in a civil traffic matter.
(3) Deposit into general fund. All warrant and suspension fees collected under this section shall be received by the municipal court in a manner consistent with the Arizona Supreme Court accounting standards and deposited with the city finance director on a daily basis for deposit into the city general fund.
(b) Court enhancement fee.
(1) Court enhancement fee. The municipal court may collect a court enhancement fee of ten dollars ($10.00) which shall be assessed in addition to any fine, sanction, or penalty imposed by the court. The court enhancement fee shall be collected after the statutory priorities of restitution and time payment fees if applicable. The court enhancement fee shall be received by the court in a manner consistent with the Arizona Supreme Court accounting standards and deposited with the treasurer on a monthly basis for deposit into the court enhancement fund.
(2) Court enhancement fund. The court enhancement fund shall be established as a fund account so designated by the city’s finance director for the purpose of receiving the court enhancement fee. Interest earned on fund monies shall be deposited into the fund. The court enhancement fund shall be used at the sole discretion of the city magistrate to the limit of available account balance, as appropriated by the city council. The city magistrate may use court enhancement funds in conjunction with any other court or courts in any common projects, programs, or uses which may benefit the municipal court’s operations.
(c) Jail costs recovery fee.
(1) Jail costs recovery fee. The municipal court may require any person who is convicted of a misdemeanor criminal offense and sentenced to a term of incarceration in the Mohave County jail, or any other facility authorized by law, to reimburse the City of Kingman for all or any part of the actual expenses the city has or will incur 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, multiplied by the actual costs per day, including any part of a twenty-four (24) hour period which shall be considered one (1) day.
(2) Factors to be considered. The city magistrate may determine the amount of incarceration costs to be paid based on the following factors:
a. The per diem per person cost of incarceration incurred by the city.
b. The person’s ability to pay all or part of the incarceration costs.
(d) Collection fees. Any defendant who defaults in his or her obligation for the payment of monies owed or due the municipal court including, but not limited to, restitution, fines, surcharges, assessments, penalties, bond, costs and fees is liable for all costs of collection including attorney fees and costs and/or any fees and charges assessed by a collection agency that is licensed pursuant to Title 32, Chapter 9, Article 2, Arizona Revised Statutes, and that is engaged legally by contract or otherwise to act on behalf of the municipal court for the purpose of collecting the aforementioned obligations. All such costs and fees, including legal fees and court costs related to collection, assessed by the collection agency may be added to the sum or sums due from and chargeable to the defendant.
(e) Waiver, suspension or deferral. The city magistrate or associate city magistrate or hearing officer may waive, suspend, or defer payment of all or part of any fee upon a determination of economic hardship on the part of the defendant, or in the interests of justice.
(Ord. No. 1229, § 1, 8-16-99; Ord. No. 1706, § 1, 6-7-11)
Editor’s note: Ord. No. 1229, adopted Aug. 16, 1999, added § 2-76. Inasmuch as there already exists a section with that number, the editor has redesignated the Ord. No. 1229 provisions as § 2-77.
Secs. 2-78—2-86. Reserved.
Editor’s note: Section 1 of Ord. No. 408, enacted Jan. 12, 1981, directed that police court be changed to municipal court throughout Ch. 2, Art. IV.