Chapter 2.34
MUNICIPAL COURT
Sections:
2.34.010 Municipal court established.
2.34.020 Jurisdiction – Pleading, practice and procedure – References to state law.
2.34.030 Court seal.
2.34.040 Judges – Election – Appointment – Qualifications.
2.34.050 Municipal judge salary – Costs.
2.34.060 Judges pro tem – Court commissioners.
2.34.070 Court administrator.
2.34.080 Municipal court hours.
2.34.090 Juror fees.
2.34.100 Inmate participation in programs.
2.34.110 Use of credit cards.
2.34.120 Use of collection agencies and attorneys.
2.34.130 Revenue deposits.
2.34.010 Municipal court established.
Effective January 1, 1994, and pursuant to Chapter 3.50 RCW, there is established “The Municipal Court of the City of Kent,” hereinafter referred to as the “municipal court.”
(Ord. No. 4333, § 2, 9-3-19)
2.34.020 Jurisdiction – Pleading, practice and procedure – References to state law.
A. The municipal court shall have the jurisdiction and shall exercise all powers enumerated in Chapter 3.50 RCW and the Kent City Code, together with all such other powers and jurisdiction as are generally conferred upon courts of limited jurisdiction in the state of Washington either by common law, statutes, regulations, city code provisions, or rules established by the Washington Supreme Court.
B. Matters and subjects regarding the municipal court not addressed in this chapter shall be controlled and governed by Chapter 3.50 RCW as well as common law, statutes, regulations, city code provisions, or rules established by the Washington Supreme Court.
C. All references to state laws in this chapter are references to the laws as now enacted or hereafter amended or recodified.
(Ord. No. 4333, § 2, 9-3-19)
2.34.030 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 Kent, State of Washington,” surrounding the vignette.
(Ord. No. 4333, § 2, 9-3-19)
2.34.040 Judges – Election – Appointment – Qualifications.
A. The municipal court shall have two full-time elected judicial positions titled “Position I” and “Position II.” Position I was filled by election with the term beginning January 1, 2002. Position II was filled by election with the term beginning on January 1, 2006. Each position is filled for a term of four years. Elections required by this section shall be conducted in accordance with RCW 3.50.050.
B. A municipal court judge may, in accordance with RCW 3.50.093 and 3.50.095, be appointed by the mayor to fill an existing judicial position in the event a vacancy occurs due to death, disability, resignation, retirement, or removal. Additional municipal court judges may be appointed by the mayor in accordance with RCW 3.50.070 when public interest and the administration of justice makes such additional judge or judges necessary.
C. A person elected or appointed as municipal court judge shall be a citizen of the United States of America, a resident of King County, and an attorney admitted to practice law before the courts of record of the state of Washington.
D. 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 Kent according to the best of my ability.” No bond shall be required for the faithful performance of the judge’s duties.
(Ord. No. 4333, § 2, 9-3-19)
2.34.050 Municipal judge salary – Costs.
The city will automatically adjust the salary paid to the Kent municipal court judges who meet the requirements of RCW 2.56.030(22) to an amount equal to the salary of district court judges as set by the Washington Citizens’ Commission on Salaries for Elected Officials. The Kent municipal court judge salary adjustments required of this section shall be effective on a date commensurate with the effective date of adjustments to the salaries of district court judges made by the Washington Citizens’ Commission on Salaries for Elected Officials.
2.34.060 Judges pro tem – Court commissioners.
A judge pro tem or commissioner appointed in accordance with RCW 3.50.075 or 3.50.090 shall receive compensation at the rate of $70 per hour unless modified by resolution or ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the elected municipal judges.
2.34.070 Court administrator.
There is hereby created the position of court administrator who shall be in charge of the administrative functions of the municipal court subject to the powers vested upon the municipal court judge pursuant to Chapter 3.50 RCW or court rule. The court administrator shall be appointed by and report directly to the presiding judge.
(Ord. No. 4333, § 2, 9-3-19)
2.34.080 Municipal court hours.
The municipal court shall be open during all regular business days and hours as the other offices of the city shall be open, but the dates and times of open court shall be set by the presiding judge; provided, that the municipal court shall not be open on nonjudicial days.
(Ord. No. 4333, § 2, 9-3-19)
2.34.090 Juror fees.
Jurors shall be paid a fee of $15.00 for each day in attendance at the municipal court and shall receive a mileage allowance pursuant to RCW 43.03.060.
(Ord. No. 4333, § 2, 9-3-19)
2.34.100 Inmate participation in programs.
Any person sentenced by the municipal court for a commitment or period of confinement at the Kent corrections facility, and who serves such commitment or confinement at the Kent corrections facility, may, pursuant to Kent corrections facility policies, be eligible for corrections facility programs or incarceration alternatives as set forth in Chapter 9.34 KCC; provided, the municipal court may, in its sound discretion, prohibit the inmate from participating in one or more programs or incarceration alternatives. The court shall state its reason(s) for limiting program consideration on the record. Upon the motion of any party and for good cause shown, reconsideration of eligibility or prohibition from programs may be argued before the court.
(Ord. No. 4333, § 2, 9-3-19)
2.34.110 Use of credit cards.
The municipal court may permit the use of credit cards for purposes of billing and collecting unpaid penalties, fines, costs, assessments, and forfeitures imposed. The municipal court may enter into agreements with one or more financial institutions for the purpose of such collections. Said agreements may specify conditions, remuneration for services, and other charges deemed appropriate, upon confirmation by the city council.
(Ord. No. 4333, § 2, 9-3-19)
2.34.120 Use of collection agencies and attorneys.
A. The municipal court may use collection agencies as defined in Chapter 19.16 RCW for purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the court. The municipal court may enter into agreements, with the confirmation of the city council, with one or more attorneys or collection agencies for collection of outstanding penalties, fines, costs, assessments, and forfeitures. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate.
B. Servicing of delinquencies by collection agencies or by collecting attorneys in which the municipal court retains control of its delinquencies shall not constitute assignment of debt.
C. The term debt shall include penalties, fines, costs, assessments, or forfeitures imposed by the municipal court.
D. The municipal court may assess, as court costs, the monies paid for remuneration for services or charges paid to collecting attorneys, to collection agencies, or, in the case of credit cards, to financial institutions.
(Ord. No. 4333, § 2, 9-3-19)
2.34.130 Revenue deposits.
All fees, costs, fines, forfeitures, and other monies imposed or collected by the municipal court for the violation of any city ordinance, together with any other revenue received by the municipal court, shall be deposited with the city treasurer as part of the general fund of the city unless otherwise required by law.
(Ord. No. 4333, § 2, 9-3-19)