Chapter 2.60
MUNICIPAL COURT*
Sections:
2.60.010 Municipal court created.
2.60.015 Parking/traffic violations bureau.
2.60.020 Municipal judge – Appointment.
2.60.030 Judges pro tem – Appointment.
2.60.040 Municipal judge – Salary.
2.60.060 Municipal judge’s report to chief administrative officer.
2.60.070 Proceedings in municipal court – Rules.
2.60.090 Municipal court – Jury trials.
2.60.100 Review by county superior court.
2.60.110 Municipal judge – Oath.
2.60.115 Municipal court – Seal.
2.60.120 Municipal judge – Removal from office.
2.60.130 Transfer of cases from police court to municipal court.
2.60.140 Jurors – Qualifications.
2.60.160 Compensation for expenses of witnesses.
*For the statutory provisions regarding the municipal court in code cities, see Chapter 35A.20 RCW; for the statutory provisions regarding witness fees generally, see Chapter 2.40 RCW.
2.60.010 Municipal court created.
There was created and established in the city, pursuant to Ordinance No. 1322, an inferior court of the city of Longview, which court was established pursuant to Chapter 3.46 RCW, and which court continues to exist, and at all times since the passage of Ordinance No. 1322 has existed, under said provisions of Chapter 3.46 RCW. Said court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances, and shall have original jurisdiction of all actions brought to enforce or recover license penalties or forfeitures declared or given by city ordinances or by state statutes, and full power 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 city ordinances, and to pronounce judgment in accordance therewith; said municipal court shall further have jurisdiction and shall exercise all powers granted by Chapter 3.50 RCW, together with such other powers and jurisdiction as are generally conferred upon municipal courts in the state of Washington, either by common law, rules of court or by express statute. (Ord. 2442 § 1, 1991; Ord. 2252 § 1, 1986; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.015 Parking/traffic violations bureau.
There is established a parking/traffic violations bureau under the supervision of the Longview municipal court to assist in processing parking violation cases and traffic violation cases. The parking/traffic violations bureau shall be administered by the Longview police department. The Longview municipal court shall designate by order the specific parking infractions and/or traffic infractions which may be processed by such parking/traffic violations bureau. The parking/traffic violations bureau shall be, and is hereby, authorized to receive the posting of bail for offenses specified by the Longview municipal court and, to the extent authorized by said court, shall be authorized to accept forfeiture of bail and payment of penalties for such infractions. All penalties and forfeitures paid to the parking/traffic violations bureau shall be placed into the downtown parking fund or such other fund as may be hereafter prescribed by ordinance. (Ord. 2755 § 1, 1999).
2.60.020 Municipal judge – Appointment.
The mayor of the city shall appoint a part-time municipal judge or judges as provided in RCW 3.46.060, subject to confirmation by the city council. Any appointment hereunder, heretofore made, shall be deemed to have been made in accordance with the provisions of RCW 3.46.060. (Ord. 3077 § 1, 2008; Ord. 2853 § 1, 2003; Ord. 2252 § 2, 1986; Ord. 1570 § 1, 1972; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.030 Judges pro tem – Appointment.
The mayor of the city shall, in writing, appoint a judge or 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 or judges pro tem shall be qualified to hold the position of judge of the municipal court as provided by the laws of the state. The municipal court judges pro tem shall receive such compensation as shall be fixed by the ordinances of the city council. The term of appointment shall be specified in writing but in any event shall not extend beyond December 31st of the year of appointment. (Ord. 3077 § 1, 2008; Ord. 2252 § 3, 1986; Ord. 1570 § 2, 1972; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.040 Municipal judge – Salary.
The salary of such municipal judge, other than judges pro tem, shall be included in his compensation as established by the county commissioners for district court judges in Cowlitz County, Washington, and the city shall pay its proportionate share of such salary, and other expenses, directly to the county. The contribution of the city to the costs of operating the municipal court including, but not limited to, salaries of judges and court employees, dockets, books of records, forms, furnishings and supplies shall be in proportion to the time the district court judge functions as municipal judge in the event that a district court judge of Cowlitz County is appointed to act as municipal judge. Such amounts have been included in the budget of the city for the year 1985, and such sums shall be hereafter budgeted from year to year. (Ord. 2252 § 4, 1986; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.050 Hours.
The municipal court shall be open and shall hold regular sessions on such days and during such hours as the municipal judge shall prescribe, but not less than one day each week. No night sessions of such municipal court shall be held without prior authorization of the city council. All sessions of the municipal court of the city shall be held in the Cowlitz County Hall of Justice. The transfer of a proceeding from the municipal judge to a judge pro tem, appointed in the manner prescribed by this chapter, shall be permitted in accordance with the provisions of RCW 3.66.090 in all civil and criminal proceeding. No change of venue shall be allowed from such municipal judge in actions brought for violations of city ordinances. (Ord. 2252 § 5, 1986; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.060 Municipal judge’s report to chief administrative officer.
The municipal judge of the city shall provide periodically, as requested, a report to the chief administrative officer. This report shall be on forms furnished by the city clerk and approved by the Division of Municipal Audits of the Washington State Auditor’s Office. (Ord. 1570 § 3, 1972; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.070 Proceedings in municipal court – Rules.
Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts, insofar as applicable, shall be governed by the statutes and rules now existing or hereafter adopted governing pleading, practice and procedure applicable to district courts. (Ord. 2252 § 6, 1986; Ord. 1426 § 1, 1969; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.090 Municipal court – Jury trials.
In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be empaneled 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 request 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 the sum of $10.00 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. Jury trials shall be allowed in all criminal cases unless waived by the defendant. (Ord. 2252 § 7, 1986; Ord. 1426 § 2, 1969; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.100 Review by county superior court.
All civil or criminal proceedings before such municipal judge, and all judgments rendered by him, shall be subject to review in the superior court of Cowlitz County by writ of review or appeal in the same manner as is provided by RCW 35.22.530 through 35.22.560. (Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.110 Municipal judge – Oath.
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 Longview according to the best of my ability.” The oath shall be filed in the office of the county auditor. (Ord. 2858 § 1, 2003; Ord. 2252 § 8 1986; Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.115 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 Longview, State of Washington,” surrounding the vignette. (Ord. 2252 § 9, 1986).
2.60.120 Municipal judge – Removal from office.
The municipal judge shall be removed from office only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering him incapable of performing the duties of his office. (Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.130 Transfer of cases from police court to municipal court.
All matters, cases, citations and proceedings of every kind and nature together with all files and records pertaining to such proceedings, pending before the police court of the city at noon on the ninth day of January, 1967, shall be transferred at that time to the municipal court of the city. All cases, matters and proceedings then on appeal to the superior court of Cowlitz County, Washington, or the Supreme Court of the state from the police court of the city shall be conducted and concluded as if this chapter had not been enacted, except that, if remanded from said superior court or Supreme Court, the municipal court of the city shall have the authority and power to retry all such cases so remanded, to forfeit bail or impose sentence therein. (Ord. 1330 § 1, 1967; Ord. 1322 § 1, 1966).
2.60.140 Jurors – Qualifications.
No person shall be competent to serve as a juror in the municipal court of the city unless he is qualified to serve as a juror under the laws of the state and, in addition, is:
(1) A resident of the city; and
(2) Over 18 years of age. (Ord. 2252 § 10, 1986; Ord. 1426 § 3, 1969).
2.60.160 Compensation for expenses of witnesses.
(1) Witnesses shall receive for each day’s attendance in the municipal court of the city besides mileage as provided under RCW 43.03.060 the sum of $10.00; provided, however, this section shall not apply to officers of the police force of the city, nor to other public officers who may attend and testify at any trial in said court at public expense.
(2) The city treasurer is authorized and directed to issue warrants in payment of witness fees, as hereinbefore provided upon vouchers properly approved by the judge of the municipal court of the city. (Ord. 2252 § 12, 1986; Ord. 296 §§ 1, 2, 1936).