Chapter 2.14
TOWN MAGISTRATE AND COURT ADMINISTRATIVE FEES
Sections:
2.14.020 Appointment – Removal – Compensation.
2.14.030 Powers and duties of Magistrate.
2.14.050 Conduct of proceedings.
2.14.060 Fee to defray Court automation costs.
2.14.070 Fee to defray costs associated with FTA warrants.
2.14.080 Fee to defray costs associated with civil traffic defaults.
2.14.100 Time payment plans for civil traffic fines and Town Code violations – Time payment fee.
2.14.010 Created.
The position of "Town Magistrate" is created. The Town Magistrate shall be the presiding officer of the Magistrate Court and shall perform those functions necessary to the maintenance of a Magistrate’s Court as provided by state statute and pursuant to the orders, rules and regulations of the Arizona Supreme Court. (Ord. 13-378 § 1 (Exh. A)(part); Ord. 85-16 § 1. Formerly 2.12.010)
2.14.020 Appointment – Removal – Compensation.
A. The Town Magistrate shall be appointed by the Town Council and shall serve a two (2) year term, at a minimum, and up to a four (4) year term with the beginning and end of the term specified at the time of appointment; and there may be provided a written contract to be approved by the Magistrate and the Town Council. During such term, the Magistrate may be removed only for cause. The compensation of the Magistrate shall be set by the Town Council at the time of appointment and may not be reduced during the term of service.
B. In the event of a vacancy of the Town Magistrate, the Town Council may appoint an interim magistrate to serve. The interim magistrate shall serve until the end of the term or until a Town Magistrate is appointed in accordance with this section. The interim magistrate should not serve for more than six (6) months. (Ord. 13-378 § 1 (Exh. A)(part); Ord. 85-16 § 2. Formerly 2.12.020)
2.14.030 Powers and duties of Magistrate.
The powers and duties of the Magistrate are those set forth and conferred upon him or her under the provisions of the State Constitution and statutes, the rules and regulations of the Arizona Supreme Court, this Code, and the ordinances and resolutions of the Town. (Ord. 13-378 § 1 (Exh. A)(part))
2.14.040 Magistrate Court.
There is established in the Town a Magistrate Court which shall be the police court of the Town and which shall have jurisdiction in accordance with the State Constitution and statutes and over all violations of Town ordinances, civil traffic violations, and jurisdiction concurrently with justices of the peace court(s) of precincts in which the Town is located of violations of state laws committed within the limits of the Town. (Ord. 13-378 § 1 (Exh. A)(part))
2.14.050 Conduct of proceedings.
The proceedings of the Municipal Court shall be conducted in accordance with the State Constitution, the applicable state statutes and rules of the State Supreme Court pertaining to police or magistrate courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure of the Superior Court, unless otherwise prescribed, and providing this Code and resolutions of the Town are not in conflict therewith. (Ord. 13-378 § 1 (Exh. A)(part))
2.14.060 Fee to defray Court automation costs.
A. Basis for Court Automation Fee. The Pinetop-Lakeside Magistrate Court has established a coordinated plan for the automation of cases and cash-flow management and seeks to offset the annual maintenance and support of automation equipment and programs. The Court Administrator has performed an analysis of the number of cases closed in the Pinetop-Lakeside Magistrate Court over a four (4) year period, as well as the annual cost of Court automation, and has determined that the actual cost of Court automation on a per charge basis exceeds six dollars ($6.00) per charge.
B. Court Automation Fee. There is imposed an administrative fee of six dollars ($6.00) per charge to be collected in cases filed in the Pinetop-Lakeside Magistrate Court. This fee shall be collected at the time of filing of each civil action filed by a private plaintiff; as part of the fines, fees and surcharges imposed in each criminal action resulting in a conviction; and as part of the civil sanctions, fees and assessments in each civil traffic action in which judgment is entered in favor of the state. This fee may be waived only in cases of extreme financial hardship as determined by the Town Magistrate. All such fees shall be deposited monthly to the Town of Pinetop-Lakeside Treasurer and held in a separate account for the sole purpose of defraying costs associated with the annual maintenance and support of Court automation equipment and programs. This fee shall not be subject to any fees or surcharges adopted by the State of Arizona and shall be in addition to any other fees adopted by the Town.
C. Annual Review. The fee imposed by subsection B of this section shall be reviewed annually by the Court Administrator to ensure that the amount collected does not substantially exceed (or fail to defray) the actual costs associated with the maintenance and support of Court automation equipment and programs. If appropriate, the Court Administrator shall recommend an upward or downward adjustment of the fee to the Town Council prior to the start of the next fiscal year. (Ord. 15-386 § 1; Ord. 14-385 § 1; Ord. 13-378 § 1 (Exh. A)(part); Ord. 08-312 § 2. Formerly 2.28.010)
2.14.070 Fee to defray costs associated with FTA warrants.
A. Basis for FTA Warrant Fee. The Pinetop-Lakeside Magistrate Court incurs substantial costs in criminal (including criminal traffic) cases where the defendant fails to appear and a failure to appear ("FTA") warrant must be issued and processed. These costs are incurred by the Court and by the affected law enforcement officials including the Town Police Department. The Court Administrator has performed an analysis of these costs and has determined that they are approximately one hundred fifty dollars ($150.00) per case, with approximately one-third of this amount incurred by the Court and approximately two-thirds incurred by the Police Department.
B. FTA Warrant Fee. Based on the analysis of the Court Administrator, there is imposed an administrative fee of one hundred fifty dollars ($150.00) per case to be collected in criminal cases filed in the Pinetop-Lakeside Magistrate Court in which an FTA warrant is used. This fee shall be imposed in each criminal case in which an FTA warrant is issued. This fee may be waived only in cases of extreme financial hardship as determined by the Town Magistrate, or in cases where the FTA warrant is quashed for good cause shown and the Town Magistrate determines that a waiver is appropriate. All such fees shall be deposited monthly with the Town of Pinetop-Lakeside Treasurer and held in a separate account for the sole purpose of defraying costs associated with the issuance and processing of FTA warrants. The funds so deposited may be divided between the Pinetop-Lakeside Magistrate Court (one-third) and the Police Department (two-thirds). This fee shall not be subject to any fees or surcharges adopted by the State of Arizona and shall be in addition to any other fees adopted by the Town.
C. Annual Review. The fee imposed by subsection B of this section shall be reviewed annually by the Court Administrator to ensure that the amount collected does not substantially exceed (or fail to defray) the actual costs associated with the issuance and processing of FTA warrants. If appropriate, the Court Administrator shall recommend an upward or downward adjustment of the fee to the Town Council prior to the start of the next fiscal year. (Ord. 13-378 § 1 (Exh. A)(part). Formerly 2.28.020)
2.14.080 Fee to defray costs associated with civil traffic defaults.
A. Basis for Civil Traffic Default Fee. The Pinetop-Lakeside Magistrate Court incurs substantial costs in civil traffic cases where the defendant defaults in the payment of a civil sanction and the Court must take steps to collect the sanction and notify the Motor Vehicle Department pursuant to A.R.S. § 22-404(E). The Court Administrator has performed an analysis of these costs and has determined that they are approximately thirty dollars ($30.00) per case.
B. Civil Traffic Default Fee. Based on the analysis of the Court Administrator, there is imposed an administrative fee of thirty dollars ($30.00) per case to be collected in civil traffic cases filed in the Pinetop-Lakeside Magistrate Court where the defendant defaults in the payment of a civil sanction. This fee may be waived only in cases of extreme financial hardship as determined by the judge. All such fees shall be deposited monthly with the Town of Pinetop-Lakeside Treasurer and held in a separate account for the sole purpose of defraying costs associated with collecting civil traffic sanctions and notifying the Motor Vehicle Department pursuant to A.R.S. § 22-404(E). This fee shall not be subject to any fees or surcharges adopted by the State of Arizona and shall be in addition to any other fees adopted by the Town.
C. Annual Review. The fee imposed by subsection B of this section shall be reviewed annually by the Court Administrator to ensure that the amount collected does not substantially exceed (or fail to defray) the actual costs associated with collecting civil traffic sanctions and notifying the Motor Vehicle Department. If appropriate, the Court Administrator shall recommend an upward or downward adjustment of the fee to the Town Council prior to the start of the next fiscal year. (Ord. 13-378 § 1 (Exh. A)(part). Formerly 2.28.030)
2.14.090 Surcharge fee to be applied to all civil traffic fines, civil penalties and criminal fines imposed for violations of the Town Code.
A. Basis for Surcharge Fee. The Town and the Pinetop-Lakeside Magistrate Court incur substantial costs in enforcing civil traffic matters and fines, and civil and criminal sections and penalties of the Town Code. These costs are incurred by both the Magistrate Court and the Town, including the Town Police Department, Community Development Department officials and the Town Attorney. The Court Administrator has performed an analysis of these costs and has determined that they are approximately seventy-five dollars ($75.00) per violation with a portion (approximately forty-five (45%) percent) going to the State of Arizona as a surcharge, a portion (approximately five (5%) percent) of this amount for direct costs incurred by the Court, and the remainder (approximately fifty (50%) percent) incurred by the various Town departments as the cost of enforcement and prosecution.
B. Surcharge Fee and Disbursement. Based upon the analysis of the Court Administrator, there is hereby imposed a surcharge fee of seventy-five dollars ($75.00) for each civil traffic violation, for each violation, both civil and criminal, of the Town Code. This surcharge fee may be waived only in cases of extreme financial hardship as determined by the Town Magistrate. All of the surcharge fees collected shall be deposited monthly with the Town of Pinetop-Lakeside Treasurer. The Town Treasurer shall pay the State of Arizona the portion of the funds which constitute the state surcharge, and shall hold the remaining funds in a separate account for the sole purpose of defraying costs associated with the annual maintenance and support of Court automation monthly with the Town of Pinetop-Lakeside Treasurer and held in a separate account to be distributed and used only for the purposes set forth in this section.
C. Annual Review. The fee imposed by subsection B of this section shall be reviewed annually by the Court Administrator to ensure that the amount collected does not substantially exceed (or fail to defray) the actual costs associated with enforcing the civil and criminal sections and penalties of the Town Code as well as the civil traffic infractions set forth in Arizona Revised Statutes. If appropriate, the Court Administrator shall recommend an upward or downward adjustment of the surcharge fee to the Town Council prior to the start of the next fiscal year. (Ord. 13-378 § 1 (Exh. A)(part); Ord. 11-351 § 1: Ord. 07-306 § 1. Formerly 2.28.040)
2.14.100 Time payment plans for civil traffic fines and Town Code violations – Time payment fee.
A. Time Payment Plans. The Pinetop-Lakeside Magistrate Court is authorized to set up payment plans for persons unable to pay amounts assessed for civil traffic fines, and for civil or criminal violations of the Town Code. Payment plans may extend for no more than one (1) year except in cases of extreme hardship in which case the Town Magistrate shall set up a fair and equitable time for payment.
B. Time Payment Fee – Civil Traffic. Based upon the analysis of the Court Administrator, there is hereby imposed a time payment fee of ten dollars ($10.00) for each payment plan for civil traffic violation(s). This time payment fee may be waived only in cases of extreme financial hardship as determined by the Town Magistrate. This ten dollar ($10.00) time payment fee shall be collected, then paid monthly to Navajo County Collections pursuant to the intergovernmental agreement between the Town and Navajo County. This time payment fee shall not be subject to any fees or surcharges adopted by the State of Arizona and shall be in addition to any other fees, penalties or fines adopted by the Town.
C. Time Payment Fee – Town Code. Based upon the analysis of the Court Administrator, there is hereby imposed a time payment fee of thirty dollars ($30.00) for each payment plan for any civil violation or criminal violation of the Town Code. This time payment fee may be waived only in cases of extreme financial hardship as determined by the Town Magistrate. Twenty dollars ($20.00) of the time payment fees collected shall be paid monthly to Navajo County Collections pursuant to the intergovernmental agreement between the Town and Navajo County, and ten dollars ($10.00) shall be deposited monthly with the Town of Pinetop-Lakeside Treasurer and held in a separate account for the sole purpose of defraying the costs associated with the collection of these time payment plans by various Town departments and the Town Attorney. This time payment fee shall not be subject to any fees or surcharges adopted by the State of Arizona and shall be in addition to any other fees, penalties or fines adopted by the Town.
D. Annual Review. The fees imposed by subsections B and C of this section shall be reviewed annually by the Court Administrator to ensure that the amount collected does not substantially exceed (or fail to defray) the actual costs associated with collecting the civil traffic fines, and the civil and criminal penalties of the Town Code. If appropriate, the Court Administrator shall recommend an upward or downward adjustment of the time payment fee to the Town Council prior to the start of the next fiscal year. (Ord. 13-378 § 1 (Exh. A)(part); Ord. 04-233; Ord. 04-230. Formerly 2.28.050)