Chapter 2.76
MUNICIPAL COURT
Sections:
2.76.010 Creation and name of court.
2.76.025 Court costs – Deferred prosecution fees, interpreter fees, and warrant fees.
2.76.040 Pleadings, practice and procedure.
2.76.050 Judges, appointment and qualifications.
2.76.070 Salary of municipal court judge.
2.76.160 Costs of deferred traffic infractions.
2.76.170 Emergency response costs – Restitution.
2.76.010 Creation and name of court.
There is created pursuant to the Court Improvement Act of 1984, Chapter 258, Laws of 1984, and Chapter 3.50 RCW, as amended by the Court Improvement Act of 1984, a municipal court of the city, which shall be entitled “The Municipal Court of the City of Grandview,” which court shall have jurisdiction and shall exercise all powers authorized by Chapter 3.50 RCW, as amended by the Court Improvement Act of 1984, Chapter 258, Laws of 1984, together with such other powers and jurisdiction as are generally conferred upon such a court in the state, either by common law or by express statute. (Ord. 1107 § 1, 1984).
2.76.020 Jurisdiction.
The municipal court of the city shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and original criminal jurisdiction of all violations of city ordinances duly adopted by the city and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeiture declared or given by such ordinances or by state statutes. The municipal court of the city is 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 ordinances and to pronounce judgment in accordance therewith. (Ord. 1107 § 1, 1984).
2.76.025 Court costs – Deferred prosecution fees, interpreter fees, and warrant fees.
A. In accordance with Chapter 3.50 RCW the municipal judge of the city shall assess in all cases where the defendant has been found guilty, a municipal court cost in the amount of $50.00 which amount may be increased or decreased by resolution of the city council. Said costs shall be imposed and administered in accordance with Chapter 2.76 GMC and RCW 3.50.100.
B. In any case where a defendant is granted a deferred prosecution under Chapter 10.05 RCW, the defendant shall pay a deferred prosecution fee in the amount of $150.00 as provided in RCW 10.01.160.
C. In all cases where a defendant requires an interpreter, an additional cost of $10.00 for interpreter fees shall be imposed as provided in RCW 2.42.040.
D. In any case in the Grandview Municipal Court, there shall be imposed a warrant fee of up to $100.00 where a defendant fails to appear at a hearing and a warrant is issued, except, said charge may not be imposed if the defendant is found not guilty at a subsequent trial of the criminal charges. Said fee shall be imposed in the case of a dismissal that is not the result of a trial of the case. (Ord. 1386 § 1, 1994; Ord. 1159 § 1, 1986).
2.76.030 Penalties.
Every person convicted by the municipal court of the city of a violation of the criminal provisions of an ordinance for which no punishment is specifically prescribed in the ordinance shall be punished by a fine of not more than $5,000 or imprisonment in jail for a period not to exceed one year, or by both such fine and imprisonment. (Ord. 1107 § 1, 1984).
2.76.040 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 statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts of the state. (Ord. 1107 § 1, 1984).
2.76.050 Judges, appointment and qualifications.
The mayor of the city shall appoint a municipal judge for a term of four years. Said appointment shall be confirmed by a majority vote of the city council. The term of a judge serving on the effective date of the ordinance codified in this chapter and of a municipal judge who is appointed to a term commencing before January 1, 1986, shall expire January 1, 1986. The term of his successor shall commence on January 1, 1986, and on January 1st of each fourth year thereafter. Appointments shall be made on or before December 1st of the year next preceding the year in which the term commences. The person appointed as municipal judge shall be a citizen of the United States of America and of the state of Washington and an attorney admitted to practice law before the courts of record of the state of Washington. (Ord. 1107 § 1, 1984).
2.76.060 Oath of office.
Every judge of the municipal court, before entering upon the duties of the office shall take and subscribe 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 Grandview according to the best of my ability.” The oath shall be filed in the office of the county auditor. (Ord. 1107 § 1, 1984).
2.76.070 Salary of municipal court judge.
The salary of the municipal court judge shall be fixed annually by the budget ordinance of the city. All costs of operating the municipal court including, but not limited to, the salary of the judge and court employees, dockets, books of record, forms, furnishings and supplies, shall be paid wholly out of the funds of the city. (Ord. 1107 § 1, 1984).
2.76.080 Judges pro tem.
The mayor shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of the municipal court or subsequent to the filing of an affidavit of prejudice. The judge pro tem or judges pro tem shall qualify to hold the position of judge of the municipal court as provided herein. The municipal court judges pro tem shall receive compensation equal to that of the regular municipal court judge, prorated to the actual days of service as a judge pro tem. The term of appointment of judges pro tem shall be specified in writing but shall in any event not extend beyond the term of the mayor. (Ord. 1107 § 1, 1984).
2.76.090 Vacancies.
Any vacancy in the municipal court due to the death, disability or resignation of the municipal court judge shall be filled by appointment 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 by this chapter. (Ord. 1107 § 1, 1984).
2.76.100 Sessions of court.
The municipal court shall be open and shall hold such regular and special sessions as are necessary to conduct court business; provided, that the municipal court shall not be opened on nonjudicial days. (Ord. 1107 § 1, 1984).
2.76.110 Jury fees.
Persons serving as jurors shall be entitled to be paid $10.00 for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined by RCW 43.03.060, or as hereafter amended. (Ord. 1107 § 1, 1984).
2.76.120 Seal of the court.
The municipal court shall have a seal which shall be the vignette of George Washington with the words, “Seal of the Municipal Court of the City of Grandview, State of Washington,” surrounding the vignette. (Ord. 1107 § 1, 1984).
2.76.130 Criminal process.
All criminal process issued by the municipal court shall be in the name of the state 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 any sheriff in the state. (Ord. 1107 § 1, 1984).
2.76.140 Transition.
The enactment of this chapter shall not affect any case, proceeding, appeal or other matter pending in the police court operated by the city under RCW 35A.20.010 through 35A.20.120 on the effective date of the ordinance codified in this chapter. This chapter shall not have the effect of terminating or in any way modifying any right or liability, civil or criminal, which may be in existence on the effective date of the ordinance codified in this chapter. The municipal court of the city shall operate as the police court for all matters pending on the effective date of the ordinance codified in this chapter and shall continue to hear all of those pending proceedings until all are completed. (Ord. 1107 § 1, 1984).
2.76.150 Jury fee.
In every case where a defendant requests a jury, said defendant shall deposit a jury fee with the clerk of the municipal court at the time of the request. Said fee shall be equal to the fee charged in Yakima County district courts. (Ord. 1390 § 1, 1994).
2.76.160 Costs of deferred traffic infractions.
In all cases where a traffic infraction is deferred by the municipal court judge there shall be, in addition to any other costs, a fee of $100.00 to be imposed as a condition of such deferment. (Ord. 1632 § 1, 2002; Ord. 1578 § 1, 2000).
2.76.170 Emergency response costs – Restitution.
Pursuant to RCW 38.52.430, a person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for driving while under the influence of intoxicating liquor or any drug, is liable for the expense of an emergency response by a public agency to the incident. The municipal court judge is authorized to impose such amount as restitution against any person who has been found guilty of, or who has had their prosecution deferred for driving while under the influence of intoxicating liquor or any drug, which conviction pursuant to RCW 46.61.502 occurs within the Grandview municipal court; provided, that in no event shall a person’s liability for restitution under this section for the expense of an emergency response exceed $1,000 for a particular incident. For purposes of this section, the phrase “expense of an emergency response by a public agency” includes, but is not limited to, hourly rate or rates for law enforcement officers who responded to the particular incident. The hourly rate shall be determined in accordance with that rate established from time to time by the city of Grandview. The term “public agency” for the purposes of this section includes, but is not limited to, the Grandview police department, Grandview fire department, Grandview public works department, and any other law enforcement agency or department thereof, and any other municipal corporation or department thereof, which provided emergency response services to the incident. (Ord. 1640 § 1, 2002).