Chapter 2.60
MAGISTRATE COURT1
Sections:
2.60.010 Magistrate court established – Jurisdiction.
2.60.030 Powers and duties of town magistrate.
2.60.010 Magistrate court established – Jurisdiction.
There is hereby established in the town a magistrate’s court which shall have jurisdiction of all violations of this code, and jurisdiction concurrently with justices of the peace of precincts in which the town is located of violations of laws of the state committed within the limits of the town. [Code 1983 Art. 6-1.]
A.R.S. section 22-402.
2.60.015 Court user fee.
The town may establish a court user fee by a resolution of the town council. [Ord. 2008-01 § 1.]
2.60.020 Town magistrate.
The presiding officer of the magistrate’s court shall be the town magistrate, who shall be appointed by and shall serve at the pleasure of the council. He shall receive such compensation as the council may from time to time fix by resolution. [Code 1983 § 6-2-1.]
A.R.S. section 22-403.
2.60.030 Powers and duties of town magistrate.
The powers and duties of the magistrate shall include:
A. The powers and duties set forth and conferred upon him under the provisions of the state constitution and statutes, this code, and the ordinances and resolutions of the town.
B. The keeping of a docket in which shall be entered each action and the proceedings of the court therein.
C. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law.
D. Payment of all fees, fines, penalties and other monies collected by the court to the treasurer at least once each week.
E. Submitting a monthly report to the council summarizing court activities for that month.
F. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation.
G. Designation of a deputy other than a law enforcement officer and a specific location at which the deputy shall, during hours when the court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court.
H. Designation of a Navajo County justice of the peace pro tempore to act as town magistrate in the absence of the town magistrate.
I. Upon appointment by the presiding judge of the juvenile court of Navajo County, and approval of the town council, the town magistrate shall act in the capacity of juvenile hearing officer for cases involving persons under the age of 18 years on the date of offenses alleged to be in violation of A.R.S. section 22-427 which occur within the town limits of the town of Taylor, Arizona. [Ord. 43 § 1, 1995. Code 1983 § 6-2-2.]
A.R.S. sections 22-404, 22-422 and 22-424.
2.60.040 Proceedings.
A. The proceedings shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the supreme court pertaining to police courts and justice of the peace courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith.
B. The magistrate court proceedings shall be commenced by complaint under oath and in the name of the state setting forth the offense charged with and such particulars of time, place, person, and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint.
C. If the magistrate is satisfied that the offense complained of has been committed by the person charged, he shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint, the magistrate may subpoena and examine witnesses as to the truth of the complaint. [Code 1983 § 6-3-1.]
A.R.S. sections 22-421(A) and (B) and 22-423.
2.60.050 Bail.
The defendant, at any time after arrest, and before conviction, shall be admitted to bail, if bailable. [Code 1983 § 6-3-2.]
A.R.S. section 22-424.
Prior legislation: Ord. 58.