Chapter 2.38
MUNICIPAL COURT1
Sections:
2.38.010 Creation and jurisdiction.
2.38.030 Traffic violations bureau.
2.38.050 Pleadings, practice and procedure.
2.38.060 Costs of prosecution.
2.38.080 Failure to pay costs – Penalties.
2.38.010 Creation and jurisdiction.
There is created and established an inferior court to be known and designated as a municipal court, entitled “the municipal court of the city,” which court shall have exclusive original jurisdiction of all actions brought to enforce or recover license penalties or forfeitures declared or given by city ordinances or by any state statutes. The municipal court shall further have jurisdiction and shall exercise all powers granted by Chapter 6 of the “Justice Court and Other Inferior Court Reorganization Law” (Chapter 299, Laws of 1961), together with such other powers and jurisdictions as are generally conferred in this state by either common law or by express statute upon the municipal court.
The judge of the municipal court shall be appointed by the mayor, with the approval and concurrence of the city council. The appointment is to be for a term of four years, commencing on January 15, 1962. Succeeding appointments shall be made in like manner by the fifteenth day of December preceding the end of every such four-year term. The person appointed as municipal judge shall be a citizen of the United States and of the state of Washington. The position of municipal judge is on a part-time basis. Additional part-time judges may be appointed by the mayor, subject to the approval and with the concurrence of the city council in the same manner as hereinabove set forth, whenever public interest and the administration of justice require the appointment of additional judge or judges. (1958 Code § 1.20.010).
2.38.015 Authority.
The municipal court shall operate under Chapter 3.50 RCW, as amended by Chapter 258, Laws of 1984. (Ord. 1450 § 1, 1984).
2.38.020 Judges pro tem.
The mayor shall appoint at least one judge pro tem who shall act in the absence or disability of the regular judge, and this appointment shall be with the concurrence of the council. If, during the absence or disability of the regular judge there is a court session for which the appointed judge pro tem cannot serve, the mayor may make an interim appointment of the judge pro tem without concurrence of the council effective only for that session. The judges pro tem shall be qualified to hold the position of judge in the municipal court as provided above. The pay for pro tem judges shall be set by resolution of the city council. (Ord. 1903 § 1, 1996; Ord. 1434 § 1, 1984; 1958 Code § 1.20.021).
2.38.030 Traffic violations bureau.
There is hereby established a traffic violations bureau of the city, which shall operate under the supervision of the municipal court to assist the court in processing traffic cases on court designated traffic offenses. All penalties and forfeitures paid to a violations bureau for the violation of municipal ordinances are to be placed in the city or town general fund or other such fund as may be prescribed by ordinance of the city or town or laws of the state. (1958 Code § 1.20.022).
2.38.040 Court hours.
The municipal court is open and shall hold regular sessions on Tuesdays beginning at 1:00 p.m., together with such additional times for special or regular sessions as may be prescribed by the municipal judge or the city council from time to time. (Ord. 2106 § 1, 2001; Ord. 1508 § 1, 1986; Ord. 1434 § 2, 1984; 1958 Code § 1.20.023).
2.38.050 Pleadings, practice and procedure.
Pleadings, practice and procedure in cases not governed by statute or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes now existing and as hereafter amended and supplemented including the applicable provisions of Chapters 3.30 through 3.74 RCW, together with applicable portions of Washington Court Rules and such rules as the municipal court may lawfully adopt from time to time. (Ord. 1434 § 3, 1984; 1958 Code § 1.20.024).
2.38.060 Costs of prosecution.
Any person convicted of any misdemeanor within the city shall, in addition to any sentence of fine or imprisonment or both, imposed upon him, be required to pay the costs of prosecution. (1958 Code § 1.20.040).
2.38.070 Costs defined.
“Costs” as used in this chapter includes:
A. Fees of the municipal court, which shall be as established and amended from time to time by resolution of the city council;
B. Fees and mileage of witnesses and jurors, which shall be the same fees and mileage allowed to witnesses and jurors in courts of justices of the peace;
C. Fees and mileage of the chief of police and policemen, which shall be the same as the fees and mileage allowed by law to constables.
The fees and mileage of the chief of police and policemen shall be collected for and paid into the general fund of the city. (Ord. 1366 § 2, 1982; Ord. 1333 § 1, 1980; 1958 Code § 1.20.050).
2.38.080 Failure to pay costs – Penalties.
Any person convicted in the municipal court that fails to pay the fine imposed may be committed to jail for a period of time equal to one day for each $50.00 thereof of the aggregate sum of fine and costs. (Ord. 2058 § 1, 2000; Ord. 1434 § 4, 1984; 1958 Code § 1.20.060).
For municipal court judge salary see Ch. 2.78 EMC.