Chapter 2.32 MUNICIPAL COURT

There is hereby created and established an inferior court to be known and designated as a municipal court, which shall be entitled “the Municipal Court of Everson,” which court shall have jurisdiction and shall exercise all powers declared by Chapter 3.50 RCW to be vested in the Municipal Court, 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. 302 § 5, 1984.]

2.32.020 Municipal Court – Qualifications.

Judges in the Everson Municipal Court shall be licensed to practice law in the State of Washington and shall be citizens of the United States and Whatcom County. Judges appointed by the Mayor and confirmed by the City Council shall take their appointment effective upon their taking their oath of office before the City Council as administered by the Mayor pursuant to RCW 3.50.097. Upon taking and executing the oath, the oath shall be filed with the Whatcom County Auditor. [Ord. 692 § 4, 2009; Ord. 677 § 2, 2008; Ord. 649 § 1, 2005; Ord. 422 § 1, 1991; Ord. 302 § 6, 1984.]

2.32.030 Municipal Court – Term – Appointment – Removal – Judges Pro Tem – Judicial vacancies – Additional Judges.

A. Term. The term of office shall be four years. The Municipal Judge(s) holding office on the effective date of the ordinance codified in this section shall continue to hold office until expiration of his/her/their term(s) on January 1, 2006. The term of a successor(s) shall commence on January 1, 2010, and on January 1st or each fourth year thereafter, pursuant to appointment as provided below. Upon the expiration of his or her term, a Municipal Judge’s appointment shall not be automatically extended or renewed, unless the Judge is re-appointed.

B. Appointment. The Municipal Judge(s) shall be appointed by the Mayor subject to confirmation by the City Council. The appointment shall be made on or before December 1st of the year in which the term(s) commences, or as soon thereafter as practicable.

C. Removal. A Municipal Judge shall only be removed by a majority vote of the City Council, and only upon a 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 upon a determination by the Mayor and confirmed by the majority vote of the City Council that such a disability exists. Any such vacancy shall be filled according to the terms of this chapter for the remainder of the unexpired term.

D. Judges Pro Tem. Any vacancy in the Municipal Court due to death, disability, resignation or removal shall be filled by appointment by the Mayor for the remainder of the unexpired term, with the appointment being subject to confirmation by the City Council. The replacement Judge shall be qualified to hold the position of Municipal Judge as is provided in this chapter.

E. Judicial Vacancies. The Mayor upon confirmation by the City Council may designate in writing Judges Pro Tem who shall act in the absence or disability of the regular Judge or Judges, or subsequent to the filing of an affidavit of prejudice. Judges Pro Tem shall not be subject to confirmation by the majority of the City Council. A Judge Pro Tem shall be qualified to hold the position of Judge of the Municipal Court as provided in this chapter except that Judges Pro Tem need not be residents of Whatcom County. The term of appointment for a Judge Pro Tem shall be specified in writing, but in any event shall not extend beyond the term of the Municipal Court Judge for whom he or she is substituting.

F. Additional Judges. The Mayor may appoint in writing one or more additional Judge(s) whenever the public interest and the administration of justice so require. Additional Judges appointed pursuant to this chapter may serve either as part-time or full-time Judges as shall be designated by the Mayor at the time of appointment. The appointment of additional Judges shall be subject to confirmation by the majority of the City Council. Additional Judges shall be qualified to hold the position of Municipal Judges as is provided in Chapter 2.32 EMC et seq. The term of an additional Judge shall be specified by the Mayor in writing, but in any event shall not exceed the remaining term of the regularly appointed Judges with whom the additional Judge serves.

G. Salaries. Salaries of the Municipal Court Judge, Judges Pro Tem, and additional Judges shall be fixed either by ordinance or by contract.

H. Disability – Absence – Affidavit of Prejudice. A Judge Pro Tem shall act in the absence, disability, or subsequent to the filing of an affidavit of prejudice of the regular Judge of the Municipal Court. Pro Tem Judges shall receive compensation for services rendered as such Pro Tem Judge as provided for by ordinance or by contract with the regular Judge. [Ord. 692 § 5, 2009; Ord. 649 § 2, 2005; Ord. 422 § 2, 1991; Ord. 302 § 7, 1984.]

2.32.040 Municipal Court – Clerk.

The City Clerk/Treasurer is designated as the Clerk of the Municipal Court. [Ord. 302 § 8, 1984.]

2.32.050 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 Everson, State of Washington” surrounding the vignette. [Ord. 302 § 9, 1984.]

2.32.060 Municipal Court – Juror compensation.

Jurors summoned and actually appearing before the court shall receive per diem compensation at the rate of $10.00 per day, plus their mileage from their place of residence to the City Hall, at the rate of $0.20 per mile. [Ord. 302 § 10, 1984.]

2.32.070 Contempt of court – Defined.

The following acts or omissions, in respect to the Municipal Court of the City of Everson or proceedings therein are deemed to be contempts of court:

A. Disorderly, contemptuous or insolent behavior toward the Judge while holding the court, tending to impair its authority, or to interrupt the due course of a trial or other proceedings.

B. A breach of the peace, boisterous conduct or violent disturbance tending to interrupt the due course of a trial or other judicial proceeding.

C. Misbehavior in office or other willful neglect or violation of duty by an attorney, clerk, sheriff or other person appointed or selected to perform as a judicial or ministerial service.

D. Deceit, abuse of the process or proceedings of the court by a party to an action, suit or special proceeding.

E. Disobedience of any lawful judgment, decree, order or process of the court.

F. Assuming to be an attorney or other officer of the court, and acting as such without authority in a particular instance.

G. Rescuing any person or property in the lawful custody of an officer, held by such officer under an order or process of such court.

H. Unlawfully detaining a witness or party to an action, suit or proceeding, while going to, remaining at or returning from the Municipal Court where the same is for trial.

I. Any other unlawful interference with the process or proceedings of the Municipal Court.

J. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.

K. Willful disobedience to the lawful process or mandate of the Municipal Court.

L. Resistance, willfully offered, to its lawful process or mandate.

M. Contumacious and unlawful refusal to be sworn as a witness or, after being sworn, to answer any legal and proper interrogatory. [Ord. 692 § 3, 2009; Ord. 302 § 1(A), 1984; Ord. 227 § 2, 1980. Formerly 2.32.610.]

2.32.080 Contempt of court – Punishment.

Violation of this chapter shall be a misdemeanor. When the contempt is of those mentioned in EMC 2.32.070(A), (B), (H), (K), (L) and (M), the fine shall not exceed $5,000, nor the imprisonment of one year. In all other instances of contempt, the punishment shall not exceed $5,000. [Ord. 692 § 3, 2009; Ord. 302 § 1(B), 1984; Ord. 227 § 3, 1980. Formerly 2.32.620.]

2.32.090 Contempt of court – Summary punishment.

When the contempt is committed in the immediate view and presence of the court or officer, it may be punished summarily, for which an order must be made reciting the facts as occurring in such immediate view and presence, determining that the person proceeded against is thereby guilty of contempt, and that he be punished as therein prescribed. [Ord. 692 § 3, 2009; Ord. 302 § 1(C), 1984; Ord. 227 § 4, 1980. Formerly 2.32.621.]

2.32.100 Contempt of court – Procedure.

In cases other than those mentioned in EMC 2.32.090, before any proceedings can be taken therein, the facts constituting the contempt must be shown by an affidavit presented to the court, and thereupon the court may make an order upon the person charged to show cause why he should not be arrested to answer, or issue a warrant of arrest to bring such person to answer in the first instance. [Ord. 692 § 3, 2009; Ord. 302 §§ 1(D), 3, 1984; Ord. 227 § 5, 1980. Formerly 2.32.622.]

2.32.110 Contempt of court – How prosecuted.

In the proceeding for a contempt, the City is the plaintiff. [Ord. 692 § 3, 2009; Ord. 302 § 1(E), 1984; Ord. 227 § 6, 1980. Formerly 2.32.623.]

2.32.120 Contempt of court – Execution of warrant.

Whenever a warrant of arrest is issued pursuant to this chapter, the court shall direct therein whether the person charged may be let to bail for his appearance, upon the warrant, or detained in custody without bail, and if he may bailed, the amount in which he may be let to bail. [Ord. 692 § 3, 2009; Ord. 302 § 1(F), 1984; Ord. 227 § 7, 1980. Formerly 2.32.624.]

2.32.130 Contempt of court – Hearing.

No person shall be punished for a contempt before the Municipal Court Judge until an opportunity shall have been given him to be heard in his defense. [Ord. 692 § 3, 2009; Ord. 302 § 1(G), 1984; Ord. 227 § 8, 1980. Formerly 2.32.625.]

2.32.140 Contempt of court – Judgment and sentence.

Upon the evidence so taken, the court shall determine whether or not the defendant is guilty of the contempt charged; and, if it be determined that he is so guilty, shall sentence him to be punished as provided in this chapter. [Ord. 692 § 3, 2009; Ord. 302 § 1(H), 1984; Ord. 227 § 9, 1980. Formerly 2.32.626.]

2.32.150 Contempt of court – Imprisonment until performance.

When the contempt consists in the omission or refusal to perform an act which is yet in the power of the defendant to perform, he may be imprisoned until he shall have performed it, and in such case the act must be specified in the warrant of commitment. [Ord. 692 § 3, 2009; Ord. 302 § 1(I), 1984; Ord. 227 § 10, 1980. Formerly 2.32.627.]

2.32.160 Contempt of court – Forfeiture of bail.

When the warrant of arrest has been returned served, if the defendant does not appear on the return day, the court may issue another warrant of arrest, or may order the bail to be forfeited, or both. [Ord. 692 § 3, 2009; Ord. 302 § 1(J), 1984; Ord. 227 § 11, 1980. Formerly 2.32.628.]

2.32.170 Contempt of court – Appeal.

The defendant in a proceeding for a contempt in Municipal Court may appeal therefrom in like manner and with like effect as provided for in Chapter 3.50 RCW. [Ord. 692 § 3, 2009; Ord. 302 § 1(K), 1984; Ord. 227 § 12, 1980. Formerly 2.32.629.]

2.32.180 Contested infraction – Costs imposed.

Repealed by Ord. 539. [Ord. 692 § 3, 2009; Ord. 298 § 4, 1984; Ord. 238, 1981. Formerly 2.32.070.]

2.32.190 Infractions – “Enforcement officer” defined.

As used in this chapter, “enforcement officer” means a person authorized to enforce the provisions of the Everson Municipal Code establishing the civil infraction. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.720.]

2.32.200 Infractions – Notice – Form – Who may issue – Service – Filing.

A. A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction.

B. The form for the notice of civil infraction shall be prescribed the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) promulgated by the Supreme Court.

C. A notice of civil infraction may be issued by an enforcement officer when the civil infraction occurs in the officer’s presence.

D. The Everson Municipal Court may issue a notice of civil infraction if an enforcement officer files with the court a written statement that the civil infraction was committed in the officer’s presence or that the officer has reasonable cause to believe that a civil infraction was committed.

E. Service of a notice of civil infraction issued under subsection C or D of this section shall be as provided by applicable court rule.

F. A notice of infraction shall be filed with the Everson Municipal Court Clerk within 48 hours of issuance, excluding Saturdays, Sundays, and holidays. A notice of infraction not filed within the time limits prescribed in this section may be dismissed without prejudice. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.730.]

2.32.210 Infractions – Person receiving notice – Identification and detention.

A defendant who is to receive a notice of civil infraction under RCW 2.32.730 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the defendant shall produce reasonable identification, including a driver’s license or identicard.

A defendant who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the defendant for purposes of issuing a civil infraction.

The Everson Police Department shall adopt rules on identification and detention of persons committing civil infractions. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.735.]

2.32.220 Infractions – Notice as determination.

A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless timely contested as provided in this chapter. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.740.]

2.32.230 Infractions – Response – Contesting – Mitigation – Hearing – Failure to respond or appear.

A. Any defendant who receives a notice of civil infraction shall respond to such notice as provided in this section within 15 days of the date of receipt of the notice.

B. If the defendant determined to have committed the civil infraction does not contest the determination, the defendant shall respond by completing the appropriate portion of the notice of civil infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the civil infraction must be submitted with the response. The Everson Municipal Court Clerk may accept cash in payment for an infraction. When a response which does not contest the determination is received, an appropriate order shall be entered in the court’s records.

C. If the defendant determined to have committed the civil infraction wishes to contest the determination, the defendant shall respond by completing the portion of the notice of civil infraction requesting a hearing and submitting it, either by mail or in person, to the Everson Municipal Court. The court shall notify the defendant in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of the notice of hearing, except by agreement.

D. If the defendant determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the defendant shall respond by completing the portion of the notice of civil infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the Everson Municipal Court. The court shall notify the defendant in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of the notice of hearing, except by agreement.

E. The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction and may notify the City Attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if any defendant issued a notice of civil infraction:

1. Fails to respond to the notice of civil infraction as provided in subsection B of this section; or

2. Fails to appear at a hearing requested pursuant to subsection C or D of this section. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.742.]

2.32.240 Infractions – Hearings – Rules of procedure – Representation.

A. Procedures for the conduct of all hearings provided in this chapter shall be in accordance with the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) promulgated by the Supreme Court, including IRLJ 3.5 providing for a nonappealable decision on written statements upon the written request of a defendant.

B. Any defendant subject to proceedings under this chapter may be represented by counsel.

C. The Everson City Attorney may, but need not, appear in any proceedings under this chapter. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.744.]

2.32.250 Infractions – Contested hearings – Appeal.

A. A hearing held for the purpose of contesting the determination that a civil infraction has been committed shall be without a jury. If required, proceedings shall be recorded in the manner provided for Courts of Limited Jurisdiction.

B. The court may consider the notice of civil infraction and any other written report made under oath submitted by the enforcement officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer’s personal appearance at the hearing. The defendant named in the notice may request the court for issuance of subpoena of witnesses, including the enforcement officer who issued the notice, and has the right to present evidence and examine witnesses present in court.

C. The burden of proof is upon the City to establish the commission of the civil infraction by a preponderance of the evidence.

D. After consideration of the evidence and argument, the court shall determine whether the civil infraction was committed. Where it has not been established that the civil infraction was committed, an order dismissing the notice shall be entered in the court’s records. Where it has been established that the civil infraction was committed, an appropriate order shall be entered in the court’s records.

E. An appeal from the court’s determination or order shall be to the Superior Court in the manner provided by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) promulgated by the Supreme Court. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.746.]

2.32.260 Infractions – Hearings on mitigating circumstances.

A. A hearing held for the purpose of allowing a defendant to explain mitigating circumstances surrounding the commission of a civil infraction shall be an informal proceeding. The defendant may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.

B. After the court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order shall be entered in the court’s records.

C. There is no appeal from the court’s determination or order. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.748.]

2.32.270 Infractions – Monetary penalties – Restitution.

A. A defendant found to have committed a civil infraction shall be assessed a monetary penalty.

1. The maximum penalty and the default amount for a Class 1 civil infraction shall be $500.00, not including statutory assessments;

2. The maximum penalty and the default amount for a Class 2 civil infraction shall be $125.00, not including statutory assessments;

3. The maximum penalty and the default amount for a Class 3 civil infraction shall be $50.00, not including statutory assessments; and

4. The maximum penalty and the default amount for a Class 4 civil infraction shall be $25.00, not including statutory assessments.

B. The monetary penalty for any unclassified nontraffic infraction shall be assessed as follows:

1. If the violated provision has a State law counterpart, the monetary penalty shall be assessed in accordance with the State law classification.

2. If the violated provision has no State law counterpart and does not specify the monetary penalty, the monetary penalty shall be assessed as a Class 3 infraction; provided, that each subsequent violation within 12 months of a prior violation shall be assessed one higher classification than the last violation.

C. Whenever a monetary penalty is imposed under this chapter it is immediately payable. If the defendant is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the City Attorney of the failure to pay.

D. The court may also order a defendant found to have committed a civil infraction to make restitution. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.750.]

2.32.280 Infractions – Determinations – Modification – Community service.

A. An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.

B. The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. If the court determines that a defendant has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then State minimum wage per hour. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.752.]

2.32.290 Infractions – Costs and attorney’s fees.

Each party to a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a nonprevailing respondent. Attorney’s fees may be awarded to either party in a civil infraction case. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.754.]

2.32.300 Infractions – Duties of Police Chief – Filing of notices – Violations.

A. The Chief of the Everson Police Department shall:

1. Be responsible for the issuance of notice of infraction form books, shall maintain a record of every such book and each notice contained therein issued to individual members or employees of the agency, and shall require and retain a receipt for every book so issued;

2. Require the return to him or her of a copy of every notice issued by a person under his or her supervision to an alleged perpetrator of a civil infraction under any law or ordinance and of all copies of every notice which has been spoiled or upon which any entry has been made and not issued to an alleged perpetrator; and

3. Maintain or cause to be maintained in connection with every notice issued by a person under his or her supervision a record of the disposition of the charge by the court in which the original or copy of the notice was deposited.

B. Every enforcement officer or other person upon issuing a notice of civil infraction to an alleged perpetrator of a civil infraction under the Everson Municipal Code shall deposit the original or a copy of such notice of civil infraction with the Everson Municipal Court Clerk, as provided in EMC 2.32.200(E).

C. Upon the deposit of the original or a copy of such notice of civil infraction with the Everson Municipal Court, the original or copy may be disposed of only as provided in this chapter.

D. It is official misconduct for any enforcement officer or other official or public employee to dispose of a notice of civil infraction or copies thereof or of the record of the issuance of the same in a manner other than as required in this section.

E. Any defendant who cancels or solicits the cancellation of any notice of civil infraction, in any manner other than as provided in this section, is guilty of a Class A misdemeanor. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.760.]

2.32.310 Infractions – Failure to sign notice – Appearances – Nonpayment.

A. A defendant who fails to sign a notice of civil infraction is guilty of a Class C misdemeanor.

B. Any defendant willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a Class A misdemeanor regardless of the disposition of the notice of civil infraction. A written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by legal counsel.

C. A defendant who willfully fails to pay a monetary penalty or to perform community service as required by the Everson Municipal Court under this chapter may be found in contempt of court. [Ord. 692 § 3, 2009; Ord. 539 § 1, 1998. Formerly 2.32.770.]

2.32.320 Combined Municipal Court authorized.

The operation of the Municipal Court of the City, the appointment of its judges, and the jury panel pool may be combined with that of any other code city upon such terms and provisions as may be provided by intergovernmental contract. [Ord. 692 § 3, 2009; Ord. 302 § 25, 1984. Formerly 2.32.080.]