Chapter 1.03
Municipal Court
Sections:
1.03.010 DuPont Municipal Court created.
1.03.030 Disposition of revenue.
1.03.050 Municipal Court Commissioner.
1.03.070 Municipal Court seal.
1.03.100 Pleadings, practice and procedure.
1.03.110 Other Court rules and processes.
1.03.010
DuPont Municipal Court created.
The Municipal Court of the City of DuPont (“Municipal Court”) is hereby created, which shall have jurisdiction and exercise all powers vested in the municipal court by Chapter 3.50 RCW together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or statute. The Municipal Court shall commence operation on January 1, 2015. (Ord. 14-978 § 1).
1.03.020 Jurisdiction
The Municipal Court shall have exclusive original jurisdiction over traffic infractions arising under City of DuPont ordinances and exclusive original criminal jurisdiction of all violations of City of DuPont ordinances. The Municipal Court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared by City of DuPont ordinance or State statute. The Municipal Court is also empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such City ordinances; to issue process including without limitation subpoenas and search warrants; and to pronounce judgment in accordance therewith. Finally, the Municipal Court shall have all jurisdiction conferred on it by statute. Notwithstanding the foregoing, the District Court for Pierce County shall continue to have jurisdiction over any matter filed with the District Court by the City of DuPont before January 1, 2015, so long as the matter has not been transferred by court order of the DuPont Municipal Court. (Ord. 14-978 § 1).
1.03.030 Disposition of revenue
Costs in civil and criminal actions may be imposed as provided in District Court pursuant to RCW 3.62.060 and 10.01.160 or other applicable law. All fees, costs, penalties and fines shall be administered pursuant to the Interlocal Agreement between the City of DuPont and the City of Lakewood dated December 16, 2014 (the “Interlocal Agreement”). In the absence of such Agreement, all above-mentioned fees, costs, penalties, fines and forfeitures, and other money imposed by the Municipal Court for the violation of any City ordinance, shall be collected, deposited, retained, and disbursed pursuant to City ordinance and State law. (Ord. 14-978 § 1).
1.03.040 Municipal Judge
(a) Municipal Court Judge. Consistent with State law, the City Council hereby creates the position of a Municipal Judge for the City of DuPont. This position shall be less than a full-time equivalent as defined in RCW 3.50.055.
(b) Appointment. The Municipal Judge or Judges shall be appointed by the City Mayor. Subsequent appointments or re-appointments shall be made on or before December 1st of the year next proceeding the year in which the term is to commence.
(c) Term. The Municipal Judge shall serve a term or terms consistent with RCW 3.50.040.
(d) Additional Judges. Additional full- or part-time municipal judicial positions may be filled in accordance with RCW 3.50.055 when, in the judgment of the Mayor, the public interest and the administration of justice makes such additional judge or judges necessary.
(e) Judges Pro Tem. The presiding Municipal Court Judge may designate one or more persons as Judges Pro Tem to serve in the absence or disability of the elected or duly appointed Judges of the Court, subsequent to the filing of an affidavit of prejudice, or in addition to the elected or duly appointed Judges when the administration of justice and the accomplishment of the work of the Court make it necessary. The qualifications of a Judge Pro Tempore shall be the same as for Judges as provided under RCW 3.50.040 except that a Judge Pro Tempore need not be a resident of the city or county in which the Municipal Court is located. Judges Pro Tempore shall have all of the powers of the duly appointed or elected Judges when serving as Judges Pro Tempore of the Court. Before entering on his or her duties, each Judge Pro Tempore shall take, subscribe, and file an oath as is taken by a duly appointed or elected Judge.
(f) Vacancy. Any vacancy in the Municipal Court due to death, disability, or resignation of a Judge shall be filled by the Mayor for the remainder of the unexpired term. The appointed Judge shall be qualified to hold the position of Judge of the Municipal Court as provided in this section.
(g) Removal.
(1) Removal for Misconduct/Malfeasance. Pursuant to RCW 3.50.095, a Judge may be removed from office during the term of his or her appointment upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the Judge incapable of performing the duties of the office. Conviction of misconduct or malfeasance in office shall include without limitation:
(A) Conviction of any criminal offense by the Judge during the term of office; or
(B) A determination by the Washington State Judicial Conduct Commission that a code or standard of judicial conduct has been violated.
(2) Removal by Judicial Conduct Commission. A Municipal Court Judge may also be removed from office by the Washington State Judicial Conduct Commission and/or the Washington State Supreme Court, as described in Chapter 2.64 RCW or other applicable law. No separate action by the City Council is required to effect such removal.
(h) Oath. Every Judge of the Municipal Court, before entering upon the duties of the office, shall take and subscribe to 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 DuPont according to the best of my ability.
The oath shall be filed in the office of the Pierce County Auditor and with the DuPont City Clerk.
(i) Salaries of Judges, Payment of Court Operating Costs. All costs of operating the Municipal Court, including but not limited to salaries of Judges and Court employees, dockets, books of records, forms, furnishings, and supplies, shall be paid wholly out of the funds received by the City of Lakewood pursuant to the Interlocal Agreement with City of DuPont. Other terms of service may be set by separate agreement. (Ord. 14-978 § 1).
1.03.050
Municipal Court Commissioner.
Pursuant to RCW 3.50.075, Municipal Court Commissioner(s) may be appointed by the Judge. A Municipal Court Commissioner may be appointed so long as the compensation for such Commissioner is paid out of the funds received by the City of Lakewood pursuant to the Interlocal Agreement with City of DuPont. The Commissioner shall serve at the pleasure of the Judge. (Ord. 14-978 § 1).
1.03.060 Sessions
The Municipal Court shall be open and shall hold such regular and special sessions as may be prescribed by the legislative body; provided, that the Municipal Court shall not be open on nonjudicial days as established by State law. This section shall not prevent the Judge from granting telephonic approval or entry of search warrants, issuing no-contact orders, or making determinations of probable cause, regardless of whether or not the Municipal Court is officially open. (Ord. 14-978 § 1).
1.03.070 Municipal 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 DuPont, Washington” surrounding the vignette. (Ord. 14-978 § 1).
1.03.080 Sentencing
The Judge shall have the broadest authority and greatest discretion consistent with the DuPont Municipal Code and applicable State law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing and termination of probation, the Judge shall be guided by applicable State law, such as RCW 3.50.300 through 3.50.340 and 3.50.440. (Ord. 14-978 § 1).
1.03.090 Criminal process
All criminal process issued by the Municipal Court shall be consistent with RCW 3.50.425, shall be in the name of the State of Washington and run throughout the State, and be directed to and served by the Chief of Police or other police officer of any city or any sheriff in the State. (Ord. 14-978 § 1).
1.03.100 Pleadings, practice and procedure
Pleadings, practice, and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall be governed by RCW 3.50.450 and all other statutes and rules now existing or hereafter adopted governing pleadings, practice, and procedure applicable to district courts, including without limitation the Washington Rules for Courts of Limited Jurisdiction and Local Rules of the District Court for Pierce County. (Ord. 14-978 § 1).
1.03.110 Other Court rules and processes
The City of DuPont hereby adopts any and all other Court rules and processes incorporated expressly or by reference in the approved Interlocal Agreement with the City of Lakewood. (Ord. 14-978 § 1).