Chapter 2.108 MUNICIPAL COURT SYSTEM

There is established a municipal court entitled “The Municipal Court of Everett,” hereinafter referred to as “municipal court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. (Ord. 1259-86 § 1, 1986)

2.108.020 Jurisdiction.

The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city of Everett ordinances. The municipal court shall have original jurisdiction of all other actions brought to enforce or recover penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit each 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 ordinances and to pronounce judgment in accordance therewith. (Ord. 1259-86 § 2, 1986)

2.108.030 Judges—Election—Term—Qualifications.

A. There shall be two municipal judges (Positions 1 and 2) who shall be elected in the same manner as other elective city officials are elected to office. The term of the municipal judges shall be four years, commencing January 1, 1998, and every four years thereafter as provided in RCW 3.50.040. These positions shall be by mayoral appointment with city council approval for the time period prior to January 1, 1998. Any appointments currently in effect or subsequently made shall remain in effect to January 1, 1998.

B. To be eligible to file a declaration of candidacy for and to serve as a municipal court judge a person must be a registered voter and resident of the city of Everett for at least one year next preceding his election; an attorney admitted to practice law before the courts of record of the state of Washington; and a citizen of the state of Washington and of the United States of America. (Ord. 2228-97 § 1, 1997: Ord. 1259-86 § 3, 1986)

2.108.040 Salaries and costs—Positions 1 and 2.

A. Municipal judge Position 1 and municipal judge Position 2 shall each serve on a full-time basis, serving at least forty hours per week. The annual salary for a municipal judge shall be set by the Citizens’ Commission on Salaries of Elected Officials. The municipal judges of the city of Everett shall be granted all items of nonsalary compensation granted to appointive officers as specified in Sections 2.74.010 through 2.74.050.

B. Any change from full-time to part-time for municipal judge Position 1 and/or municipal judge Position 2 shall be made by the city council after receiving a recommendation from the mayor.

C. For purposes of E2SSB 5454 (laws of 2005 legislative session), the city of Everett establishes by this section that a full-time municipal judge is compensated at a rate equivalent to at least ninety-five percent, but not more than one hundred percent, of a district court judge salary and a part-time municipal judge is compensated on a pro rata basis the same equivalent.

D. One municipal court judge shall be the presiding municipal court judge, without additional salary. The mayor will appoint the presiding municipal court judge. The appointment term shall be determined by the mayor, but shall not exceed the appointed judge’s remaining term of office. The mayor may appoint the same judge as presiding judge to multiple consecutive terms. If for any reason there is no appointed presiding judge, then the longest-serving municipal court judge is the presiding judge until the mayor makes a replacement appointment. (Ord. 3408-14 § 1, 2014: Ord. 2844-05 § 1, 2005; Ord. 2544-01 § 1, 2001: Ord. 2228-97 § 2, 1997: Ord. 1259-86 § 4, 1986)

2.108.050 Municipal court employees.

All employees of the municipal court shall, for all purposes, be deemed employees of the city of Everett. They shall be appointed by and serve at the pleasure of the presiding judge of the Everett municipal court. Said employees shall perform court-assigned duties in accordance with all policies and procedures established by the city of Everett. (Ord. 3408-14 § 2, 2014: Ord. 1980-93 § 1, 1993; Ord. 1259-86 § 5, 1986)

2.108.060 Judges pro tem.

A. 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 and 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 of Everett or Snohomish County. 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.

B. Such pro tempore judges shall receive compensation from the city as established in this section at the rate of three hundred and fifty dollars per day or a proportional amount thereof for less than a full day. The rate may be adjusted either by amendment to this section or in the annual budget ordinance or in the salary ordinance. (Ord. 3122-09 § 1, 2009: Ord. 2228-97 § 3, 1997: Ord. 1259-86 § 6, 1986)

2.108.070 Additional judge—Qualifications—Salary.

A. Additional judicial positions may be created by the mayor, subject to approval of city council, when the public interest and administration of justice make such judges necessary. Such additional judge(s) shall be appointed by the mayor, subject to confirmation by the city council, until the next municipal election, at which time such judge(s) shall be elected in the same manner as other elective city officials are elected to office. The term of the additional judge(s) shall be the same as Positions 1 and 2 as provided herein.

B. To be eligible to file a declaration of candidacy for and to serve as an additional municipal court judge, a person must be a registered voter and resident of the city of Everett for at least one year next preceding his election and/or his appointment; an attorney admitted to practice law before the courts of record of the state of Washington; and a citizen of the state of Washington and of the United States of America.

C. The number of hours per month to be served by additional judges shall be approved by city council after receiving a recommendation from the mayor. The salary for the additional municipal judges shall be the proportion of full-time (forty hours per week) for which the positions are authorized, multiplied by the annual salary for a municipal judge, which shall be set by the Citizens’ Commission on Salaries of Elected Officials. The municipal judges of the city of Everett shall be granted all items of nonsalary compensation granted to appointive officers as specified in Sections 2.74.010 through 2.74.050 of this code. (Ord. 2228-97 § 4, 1997: Ord. 1259-86 § 7, 1986)

2.108.080 Interim appointments.

Any vacancy in the municipal court due to a death, disability, or resignation of a municipal court judge shall be filled by an interim appointment or appointments made by the mayor, so that the vacant position is filled until the next municipal election. Each interim appointment shall be subject to confirmation by the city council. City council confirmation shall be by a majority of the whole membership. An appointed interim judge shall be qualified to hold the position of judge of the municipal court as provided herein, except that the judge must be a Snohomish County resident but need not be an Everett resident. (Ord. 3521-16 § 1, 2016: Ord. 2228-97 § 5, 1997: Ord. 1259-86 § 8, 1986)

2.108.090 Municipal court hours.

The Everett municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the presiding judge; provided, that the municipal court shall not be open on nonjudicial days. (Ord. 3408-14 § 3, 2014: Ord. 1259-86 § 8, 1986)

2.108.100 Sentences.

A. In all cases of conviction, unless otherwise provided in Chapters 3.30 through 3.74 RCW as now or hereafter amended, where a jail sentence is given to the defendant, execution shall issue accordingly and where the judgment of the court is that the defendant pay a fine and costs, the defendant may be committed to jail until the judgment is paid in full.

B. A defendant who has been committed shall be discharged upon the payment for such part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment, which amount shall be the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as now or hereafter amended. In addition, all other proceedings in respect of such fine and costs shall be the same as in like cases in the superior court. (Ord. 1259-86 § 10, 1986)

2.108.110 Deferral and suspension of sentences.

Unless otherwise provided by state law, the court shall have the following sentencing authority:

A. After a conviction, the court may defer sentencing and place the defendant on probation and prescribe the conditions thereof, but in no case shall it extend for more than two years from the date of conviction. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges.

B. For a period not to exceed two years after imposition of sentence, the court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence upon stated terms, including installment payment of fines.

C. Deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs.

D. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and/or when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. (Ord. 1259-86 § 11, 1986)

2.108.120 Complaints.

All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person. (Ord. 1259-86 § 12, 1986)

2.108.130 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts. (Ord. 1259-86 § 13, 1986)

2.108.140 Case transfers.

A transfer of a case from the municipal court to either another municipal judge of the city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings. (Ord. 1259-86 § 14, 1986)

2.108.150 Court seal.

The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of the Everett Municipal Court, State of Washington,” surrounding the vignette. (Ord. 1259-86 § 15, 1986)

2.108.160 Removal of judge.

A municipal judge shall be removed only 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. Any vacancy in the municipal court due to death, disability or resignation of the municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter and RCW 3.50. (Ord. 1259-86 § 16, 1986)

2.108.170 Civil jury trials.

In all civil cases which may be brought before the municipal court the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court; provided, that no jury trial may be held on a proceeding involving a traffic infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror shall receive ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060. (Ord. 1259-86 § 17, 1986)

2.108.180 Criminal jury trials.

Jury trials shall be allowed in all criminal cases unless waived by the defendant. (Ord. 1259-86 § 18, 1986)

2.108.190 Criminal process.

All criminal process issued by the municipal court 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, marshal, or other police officer of any city or to a sheriff in the state. (Ord. 1259-86 § 19, 1986)

2.108.200 Night sessions.

In addition to day sessions, the municipal court is authorized to hold and shall hold night sessions. (Ord. 1259-86 § 20, 1986)

2.108.210 Revenue—Disposition.

A. Costs may be imposed as provided in district court. All fees, costs, except those costs awarded to prevailing parties under RCW 4.84.010 and RCW 36.18.040 or other similar statutes, fines, forfeitures and other money imposed by any municipal court for the violation of any municipal or town ordinances shall be collected by the court clerk and, together with any other revenues received by the clerk, shall be deposited with the city or town treasurer as a part of the general fund of the city or town, or deposited in such other fund of the city or town, or deposited in such other funds as may be designated by the laws of the state of Washington.

B. The city treasurer shall remit monthly thirty-two percent of the money received under this section, other than for parking infractions, to the state treasurer. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

C. The balance of the money received under this section shall be retained by the city and deposited as provided by law. (Ord. 1259-86 § 21, 1986)

2.108.220 Budget process.

The presiding judge shall present his annual budget to the city council through the established budget process administered by the mayor. Salaries and operational expenditures of the court shall be limited to council appropriation. (Ord. 3408-14 § 4, 2014: Ord. 1259-86 § 25, 1986)

Article II. Public Defense Services

2.108.230 Delivery of public defense services.

Repealed by Ord. 3429-15. (Ord. 3120-09 § I, 2009)

2.108.240 Compensation of counsel.

Repealed by Ord. 3429-15. (Ord. 3120-09 § II, 2009)

2.108.250 Duties and responsibilities of counsel.

Repealed by Ord. 3429-15. (Ord. 3120-09 § III, 2009)

2.108.260 Case load limits and types of cases.

Repealed by Ord. 3429-15. (Ord. 3120-09 § IV, 2009)

2.108.270 Responsibility for expert witness fees and associated services.

Repealed by Ord. 3429-15. (Ord. 3120-09 § V, 2009)

2.108.280 Administrative expenses.

Repealed by Ord. 3429-15. (Ord. 3120-09 § VI, 2009)

2.108.290 Support services.

Repealed by Ord. 3429-15. (Ord. 3120-09 § VII, 2009)

2.108.300 Reporting procedures.

Repealed by Ord. 3429-15. (Ord. 3120-09 § VIII, 2009)

2.108.310 Training, supervision, monitoring and evaluation of counsel.

Repealed by Ord. 3429-15. (Ord. 3120-09 § IX, 2009)

2.108.320 Substitution of counsel and assignment of contracts.

Repealed by Ord. 3429-15. (Ord. 3120-09 § X, 2009)

2.108.330 Limitations on private practice.

Repealed by Ord. 3429-15. (Ord. 3120-09 § XI, 2009)

2.108.340 Qualifications of counsel.

Repealed by Ord. 3429-15. (Ord. 3120-09 § XII, 2009)

2.108.350 Disposition of client complaints.

Repealed by Ord. 3429-15. (Ord. 3120-09 § XIII, 2009)

2.108.360 Termination of contract or removal of counsel.

Repealed by Ord. 3429-15. (Ord. 3120-09 § XIV, 2009)

2.108.370 Prohibition of discrimination.

Repealed by Ord. 3429-15. (Ord. 3120-09 § XV, 2009)

2.108.380 Insurance.

Repealed by Ord. 3429-15. (Ord. 3120-09 § XVI, 2009)

Article III. Indigent Defense Services

2.108.390 Standards.

Indigent defense services shall be in accordance with the following:

A. Indigent defense services shall be provided to all clients in a professional, skilled manner consistent with the standards set forth by the Washington State Bar Association and Standards for Indigent Defense Services (June 3, 2011), as such standards may be hereafter amended.

B. The Washington State Rules of Professional Conduct, as such rules may be hereafter amended.

C. The decision of the honorable Robert S. Lasnik, Western District of Washington, in Wilbur et al. v. Mt. Vernon et al., Case No. 2:11-cv-01100.

D. All providers of indigent defense services shall comply with all federal, state and local nondiscrimination laws or ordinances in the provision of services to indigent defendants as well as with respect to the hiring and employment practices of their employees.

E. City staff shall propose revisions to the above standards as needed to city council. (Ord. 3429-15 § 2, 2015)