Chapter 2.12 MUNICIPAL COURT

There is adopted pursuant to RCW 3.50.007, to take effect January 1, 1985, a municipal court to be known as “The City of Lake Forest Park Municipal Court” which shall operate in accordance with and have jurisdiction pursuant to Chapter 3.50 RCW, as presently existing or hereinafter amended. (Ord. 329 § 2, 1984)

2.12.020 Continuation.

All municipal court matters pending as of January 1, 1985, shall continue without change. This reorganization shall not in any way diminish the jurisdiction of the court, change fees, expenses, fines, or forfeiture, except as otherwise expressly provided by Chapter 3.50 RCW. (Ord. 329 § 3, 1984)

2.12.030 Records.

All matters pending effective January 1, 1985, shall be transcribed in accordance with court rules, and such transcripts shall be provided as required in the event of an appeal from any final judgment of the court. All matters appealed shall be on the record as established by the court, and shall be in accordance with rules for pleading, practice, and appeals for the rules for appeal of decisions of courts of limited jurisdiction (RALJ) as presently existing or hereinafter amended. (Ord. 329 § 4, 1984)

2.12.040 Pleading and practice.

Pleading and practice before the municipal court shall be, insofar as applicable, as stated in the Justice Court Criminal Rules (JCCR), and the Justice Court Traffic Infraction Rules (JTIR), subject to local rules that may be adopted by the judges of the municipal court. (Ord. 329 § 5, 1984)

2.12.050 Jurisdiction.

A. 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 ordinances duly adopted by the city and shall have original jurisdiction of all other actions brought to enforce or recover licenses, penalties or forfeitures declared or given by such ordinance or by state statutes. The municipal court 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 ordinance and to pronounce judgment in accordance therewith.

B. 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. The municipal court shall have jurisdiction over, and there is adopted to be effective within the city, all offenses constituting a misdemeanor or gross misdemeanor as defined either under a county enactment or a state enactment. No reference beyond citation to the codified version of a county ordinance or a state enactment shall be necessary for initiation of a prosecution for violation of any such enactments. (Ord. 325 §§ 6, 22, 1984)

2.12.060 Sessions.

The municipal court shall be open and hold such regular and special sessions as may be prescribed by the legislative body of the city, or provided by the court upon order of the court and in accordance with RCW 3.50.110. (Ord. 325 § 14, 1984)

2.12.070 Seal.

The municipal court may have a seal as prescribed in RCW 3.50.115. (Ord. 325 § 15, 1984)

2.12.080 Sentencing and imposition of jail time.

Sentence and imposition of jail time in lieu of fine and costs shall be as provided in RCW 3.50.300. (Ord. 325 § 17, 1984)

2.12.090 Deferral of sentence – Change of plea – Dismissal of action.

Deferral of sentences, entry of changes of plea, and dismissal of actions shall be in accordance with RCW 3.50.320. (Ord. 325 § 18, 1984)

2.12.100 Notification of deferred or suspended sentence – Termination of probation.

Deferral or suspension of sentence, time limitations therefor, and termination of probation shall be in accordance with RCW 3.50.340. (Ord. 325 § 20, 1984)

2.12.110 Continuation of jurisdiction.

Continuation of jurisdiction of the court after sentencing shall be in accordance with RCW 3.50.330. (Ord. 325 § 19, 1984)

2.12.120 Issuance of criminal process.

All issuance of criminal process shall be in accordance with RCW 3.50.425. (Ord. 325 § 21, 1984)

2.12.130 Court costs.

A. Court costs shall be as provided in RCW 3.50.100 as presently existing and as amended.

B. The costs imposed in subsection A of this section shall be imposed as additional costs and charges as part of the judgment against any defendant found guilty by the court or where the court adjudicates an infraction has been committed and this portion of the judgment and sentence shall not be suspended, reduced or waived.

C. The city treasurer shall remit the moneys collected from the costs imposed in this section as required by law. (Ord. 787 § 2, 1999; Ord. 438 § 1, 1990; Ord. 342 §§ 1 – 3, 1985)

2.12.140 Revenue disposition.

Fees, costs, fines, forfeitures and other money judgment imposed shall be collected, deposited, and remitted, in accordance with RCW 3.50.100. (Ord. 325 § 13, 1984)

2.12.150 Jury trials – Juror fees and compensation.

Jury trials shall be as provided in RCW 3.50.135. Jury fees shall be at the minimum rate provided by law unless the city council by ordinance establishes a higher rate. Failure to properly prepare and plead after demanding a jury trial shall constitute a waiver of a demand for jury. (Ord. 325 § 16, 1984)

2.12.160 Salaries – Operating costs – Employees.

A. Salaries of municipal court judges shall be as fixed by ordinance.

B. All costs of operating the municipal court, including, but not limited to salaries for judges and court employees, dockets, books of records, forms, furnishings, and supplies, shall be paid wholly out of the funds of the city.

C. The city shall provide a suitable place for holding court and pay all expenses of maintaining it.

D. All employees of the municipal court shall, for all purposes, be deemed employees of the city. They shall be appointed by and serve at the pleasure of the court; provided, however, personnel provided by the city shall serve the court unless and until the court directs otherwise. (Ord. 325 § 8, 1984)

2.12.170 Judges – Appointment, term, qualifications.

A. Municipal judges serving upon the effective date of the ordinance codified in this chapter shall continue to serve their terms until such terms expire. The terms of their successors shall commence and continue for a period of each fourth year thereafter pursuant to appointment made by the mayor and confirmed by the city council.

B. A person appointed judge of municipal court shall be an attorney admitted to practice law before the courts of record of the state. Additional judges may be appointed when the public interest and administration of justice makes such additional judge or judges necessary.

C. The municipal court judge shall receive such compensation as shall be fixed by ordinance. Other terms and conditions of employment shall be established by a professional services agreement between the city and the judge. (Ord. 860 § 1, 2001; Ord. 325 § 7, 1984)

2.12.180 Judges pro tempore.

The presiding judge of the municipal court shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge or judges. The judges pro tem shall be qualified to hold the position of judge of the municipal court as provided in this chapter. The municipal court judge pro tem shall receive such compensation as shall be fixed by ordinance. The term of appointment for a pro tem judge shall be specified in writing, but in any event shall not extend beyond the term of the appointing municipal court judge. (Ord. 826 § 1, 2000; Ord. 325 § 9, 1984)

2.12.190 Judges – Vacancy – Appointment.

Any vacancy in the municipal court due to a death, disability, or resignation 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. (Ord. 325 § 10, 1984)

2.12.200 Judges – Removal from office.

A municipal court judge shall be removed by majority vote of the city council only upon the conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of office. (Ord. 325 § 11, 1984)

2.12.210 Judges – Oath – Bond.

Every judge, before entering upon the duties of office shall take and subscribe an oath and file a bond as required by RCW 3.50.097. (Ord. 325 § 12, 1984)

2.12.220 Warrants – Fees.

The fee for preparing and serving warrants issued under authority of the city municipal court shall be set by the court based on the costs incurred by the court, subject to the limits established by RCW 3.50.100 and 10.01.160 as they now exist or hereafter may be amended. (Ord. 1024 § 1, 2010; Ord. 787 § 3, 1999)

2.12.230 Payment of fines and fees.

A. In accordance with RCW 46.64.035, the city municipal court may accept, in lieu of bonds or cash security, valid major credit cards for payment, where cards have been issued by recognized financial institutions, or automobile club cards guaranteed by an insurance company.

B. The city municipal court shall assess, in addition to any other fine, penalty or forfeiture, an amount equal to the charge to the court for accepting payment pursuant to subsection A of this section.

C. Whenever any unpaid fine, penalty, forfeiture, cost or fee is submitted to an agency for collection, all costs of collection including reasonable attorneys’ fees, reasonable collection costs, collection company payment including payment based upon a percentage of recovery, shall also be due from the defendant and shall be, by virtue of this section, added to and part of the judgment against a defendant. (Ord. 450 §§ 1 – 3, 1990)

2.12.240 Severability.

If any sentence, clause, or phrase of this chapter should be held to be invalid or unconstitutional by a court, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause, or phrase of this chapter. (Ord. 860 § 2, 2001)