Chapter 2.14 MUNICIPAL COURT

The municipal court of the city of Othello (“municipal court”) is hereby created, and shall have jurisdiction and exercise all powers vested in the municipal court by Chapter 3.50 RCW, together with other powers and jurisdiction generally conferred on such courts in Washington, either by common law or statute. The municipal court shall commence operation on January 1, 2023. (Ord. 1582 § 1, 2022).

2.14.020 Location of court.

The municipal court of Othello, its courtrooms, chambers and administrative and clerical offices are located in the Othello City Hall, or in such other location as may be designated by the mayor. (Ord. 1582 § 1, 2022).

2.14.030 Jurisdiction.

(a) Pursuant to RCW 3.50.020, the municipal court shall have exclusive original jurisdiction over traffic, parking, and other civil 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 license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by statute.

(b) 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 city ordinances and to pronounce judgment in accordance therewith. So long as it participates in the program established by the administrative office of the courts pursuant to RCW 2.56.160, the municipal court shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction participating in the program. (Ord. 1582 § 1, 2022).

2.14.040 Criminal justice responsibilities—Interlocal agreements.

Pursuant to RCW 3.50.815, the city of Othello may meet the requirements of RCW 39.34.180 by entering into an interlocal agreement with Adams County or with one or more cities. In the event the city of Othello contracts for judicial services with a hosting jurisdiction, that hosting jurisdiction shall have all authority and jurisdiction as authorized by RCW 3.50.020 as it presently reads or is hereafter amended. (Ord. 1582 § 1, 2022).

2.14.050 Disposition of revenue.

(a) Costs.

(1) Pursuant to RCW 3.50.100, costs in civil and criminal actions may be imposed as provided in district court.

(2) All fees, costs, fines, forfeitures, and other money imposed by the municipal court for the violation of any municipal ordinances shall be collected by the court clerk and, together with any other noninterest revenues received by the clerk, shall be deposited with the city treasurer as a part of the general fund, or deposited in such other fund of the city, or deposited in such other funds as may be designated by the laws of the state of Washington.

(b) Except as provided in RCW 10.99.080, the city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions, and certain costs to the state treasurer.

(1) “Certain costs” as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, or city in the prosecution of the case, including the fees of defense counsel.

(2) Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.

(c) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status. Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split:

(1) Twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250;

(2) Twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020;

(3) Twenty-five percent to the city general fund; and

(4) Twenty-five percent to the city general fund to fund local courts. (Ord. 1582 § 1, 2022).

2.14.060 Municipal judges.

(a) Appointment. Within thirty days after the effective date of this chapter, or any ordinance of the city council that provides for additional judges, the mayor shall appoint a municipal judge or judges subject to confirmation by the city council.

(b) Term and Future Appointments. The appointment of the initial judge under this chapter shall expire on December 31, 2026. On December 1, 2026, the mayor shall either appoint a new municipal court judge or reappoint the sitting municipal court judge for a four-year term to commence on January 1, 2027. Thereafter, the mayor must appoint a new municipal court judge or reappoint the sitting municipal court judge on (or within ten business days of) every fourth December 1st, with the new judicial appointment beginning the following January 1st.

(1) In accordance with RCW 3.50.055, if the municipal court judge becomes a full-time equivalent position, then the municipal court judge shall no longer be appointed to office, but rather must be elected to office. As long as the municipal judge is not a full-time equivalent position, the municipal judge shall be appointed as provided in subsection (b) of this section.

(2) The election shall occur at the next regularly scheduled judicial election following creation of the full-time judicial position.

(3) Whenever a judicial election is required by RCW 3.50.055, the municipal judge or judges shall be elected in accordance with state statutes as now enacted or hereafter amended. Pursuant to RCW 3.50.050, the municipal judge shall be elected in the same manner as other elective city officials are elected to office. This requirement applies regardless of how many judges are employed to fill the position.

(4) For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time.

(5) When there is an existing full-time municipal court judge, any additional judicial position or positions that is or are in combination more than one-half of a full-time equivalent position shall also be filled by election.

(d) Additional Judges.

(1) Additional full- or part-time municipal judge positions may be filled as provided in RCW 3.50.070 when the public interest and administration of justice makes such additional judge or judges necessary, and so long as that procedure is in compliance with state statutes, including but not limited to RCW 3.50.055.

(2) Additional full- or part-time judges may be created only by ordinance of the city council. (Ord. 1584 § 1, 2022; Ord. 1582 § 1, 2022).

2.14.065 Independent judiciary.

The decisions, ruling and judgment of the municipal court judge shall not be subject to oversight, revision, or influence by any other city office or personnel, including but not limited to the mayor or city council. (Ord. 1584 § 3, 2022).

2.14.070 Judge pro tem.

(a) Judges Pro Tem.

(1) Pursuant to RCW 3.50.090, the presiding municipal court judge may designate one or more persons as judges pro tem to serve in the absence or disability of the elected or duly appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in addition to the elected or duly appointed judges when the administration of justice and the accomplishment of the work of the court make it necessary.

(2) The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040, except that a judge pro tempore need not be a resident of the city or Adams County.

(3) Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges pro tempore of the court.

(4) Before entering his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly appointed or elected judge.

(5) Judges pro tempore shall receive, and the city shall pay, compensation as fixed by ordinance. The compensation of a judge pro tem shall be one hundred twenty-five dollars per one-half day of service.

(6) The city shall have authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full time. In the event of the appointment of a district judge, the city shall pay a pro rata share of the salary. (Ord. 1582 § 1, 2022).

2.14.080 Vacancy—Removal—Disqualification.

(a) Vacancy.

(1) Pursuant to RCW 3.50.093, any vacancy in the municipal court, due to death, disability, or resignation of a judge, shall be filled by the mayor for the remainder of the unexpired term.

(2) The appointment shall be subject to the confirmation of the city council.

(3) The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter.

(b) Removal. Pursuant to RCW 3.50.095, a municipal court judge shall be removed only upon 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; provided, that a municipal court judge is also subject to disciplinary actions by the commission of judicial conduct and the Washington State Supreme Court, as described in Chapter 2.64 RCW.

(c) Disqualification. Pursuant to RCW 3.50.045, a municipal court judicial officer shall not preside in any of the following cases:

(1) In an action to which the judicial officer is a party, or in which the judicial officer is directly interested, or in which the judicial officer has been an attorney for a party.

(2) When the judicial officer or one of the parties believes that the parties cannot have an impartial trial or hearing before the judicial officer, the judicial officer shall disqualify himself or herself under the provisions of this section if, before any discretionary ruling has been made, a party files an affidavit that the party cannot have a fair and impartial trial or hearing by reason of the interest or prejudice of the judicial officer. The following are not considered discretionary rulings:

(A) The arrangement of the calendar;

(B) The setting of an action, motion, or proceeding for hearing or trial;

(D) The fixing of bail and initially setting conditions of release.

(3) Only one change of judicial officer is allowed each party in an action or proceeding.

(4) When a judicial officer is disqualified under this section, the case shall be heard before another judicial officer of the city.

(5) For the purposes of this section, “judicial officer” means a judge, judge pro tempore, or court commissioner. (Ord. 1582 § 1, 2022).

2.14.090 Oath—Compensation—Qualifications—Residency.

(a) Oath.

(1) Pursuant to RCW 3.50.097, 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 judge of the Municipal Court of the City of Othello, according to the best of my ability.

(2) The oath shall be filed in the office of the Adams County auditor and with the city clerk. The judge shall also give such bonds as directed by law.

(b) Compensation. Pursuant to RCW 3.50.080, the compensation of municipal court judges shall be set by the city council by ordinance with due recognition to the salary of a district court judge as set forth by the state salary commission.

(c) Qualifications. Pursuant to RCW 3.50.040, a person appointed or elected as a full-time or part-time 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.

(d) Residency. Pursuant to RCW 3.50.057, a judge of a municipal court need not be a resident of the city of Othello, but must be a resident of Adams County. (Ord. 1584 § 4, 2022; Ord. 1582 § 1, 2022).

2.14.100 Municipal court employees.

Pursuant to RCW 3.50.080, all employees of the municipal court shall, for all purposes, be deemed employees of the city of Othello. They shall be appointed by and serve at the pleasure of the presiding municipal judge. (Ord. 1582 § 1, 2022).

2.14.110 Court sessions.

Pursuant to RCW 3.50.110, the municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the city council; provided, that the municipal court shall not open on nonjudicial days. (Ord. 1582 § 1, 2022).

2.14.120 Municipal court seal.

Pursuant to RCW 3.50.115, 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 Othello, State of Washington,” surrounding the vignette. All process from the court runs throughout the state. The Supreme Court may determine by rule what process must be issued under seal. (Ord. 1582 § 1, 2022).

2.14.140 Jury trials and fees.

(a) Pursuant to RCW 3.50.135, in all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled 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.

(1) 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.

(2) If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties.

(b) Each juror shall receive ten dollars 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. 1582 § 1, 2022).

2.14.150 Sentencing policy of the city of Othello.

The city of Othello prosecutor and the municipal court shall pursue sentences and dispositions that are most likely to protect crime victims and other community members from future recidivism of the person sentenced by the municipal court. This sentencing could include the criminogenic needs, responsivity and threat of the person sentenced. The sentencing and supervision through the community justice services department could include the use of evidence based psychological instruments and data regarding disposition alternatives. (Ord. 1582 § 1, 2022).

2.14.160 Execution of sentence.

(a) Pursuant to RCW 3.50.300, in all cases of conviction, unless otherwise provided in Chapters 3.30 through 3.74 RCW as now or hereafter amended, where a jail sentence is given to the defendant, execution shall issue accordingly and where the judgment of the court is that the defendant pay a fine and costs, the defendant may be committed to jail until the judgment is paid in full.

(b) A defendant who has been committed shall be discharged upon the payment for such part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment, which amount shall be the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as now or hereafter amended. In addition, all other proceedings in respect of such fine and costs shall be the same as in like cases in the superior court. (Ord. 1582 § 1, 2022).

2.14.170 Suspension or deferral of sentences.

Unless otherwise provided by state law, the court shall have the following sentencing authority:

(a) Pursuant to RCW 3.50.320, after a conviction, the court may impose sentence by suspending all or a portion of the defendant’s sentence or by deferring the sentence of the defendant and may place the defendant on post disposition supervision for a period of no longer than two years and prescribe the conditions thereof.

(1) A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear for any hearing to address the defendant’s compliance with the terms of post disposition supervision when ordered to do so by the court, shall have the term of post disposition supervision tolled until such time as the defendant makes his or her presence known to the court on the record.

(2) During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges.

(b) Pursuant to RCW 3.50.330, for a period not to exceed five years after imposition of sentence for a defendant sentenced under RCW 46.61.5055 and two years after imposition of sentence for all other offenses, the court shall have continuing jurisdiction and authority to suspend or defer the execution of all or any part of the sentence upon stated terms, including installment payment of fines.

(2) The jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720.

(3) Any time before entering an order terminating post disposition supervision, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence.

(c) Pursuant to RCW 3.50.340, deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension.

(1) Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs.

(2) Any time before entering an order terminating post disposition supervision, the court may revoke or modify its order suspending the imposition or execution of the sentence.

(3) If the ends of justice will be served and when warranted by the reformation of the supervisee, the court may terminate the period of post disposition supervision and discharge the person so held. (Ord. 1582 § 1, 2022).

2.14.180 Offender supervision by another state.

(a) If a person placed on post disposition supervision for one year or more for a misdemeanor or gross misdemeanor by a municipal court requests permission to travel or transfer to another state, the assigned “community justice services counselor” shall determine whether such request is subject to RCW 9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the community justice services counselor shall:

(1) Notify the department of corrections of the supervisee’s request;

(2) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;

(3) Notify the supervisee of the fee due to the department of corrections for processing an application under the compact;

(4) Cease supervision of the supervisee while another state supervises the probationer pursuant to the compact;

(5) Resume supervision if the supervisee returns to this state before the term of supervision expires.

(b) The supervisee shall receive credit for time served while being supervised by another state.

(c) Pursuant to RCW 3.50.355, if the supervisee is returned to the state at the request of the receiving state under rules of the interstate compact for adult offender supervision, the department of corrections is responsible for the cost of returning the supervisee.

(d) Pursuant to RCW 3.50.355, the city of Othello and its employees are not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or omission constitutes gross negligence. (Ord. 1582 § 1, 2022).

2.14.190 Penalty if no other punishment prescribed.

Pursuant to RCW 3.50.440, every person convicted by the municipal court of a violation of the criminal provisions of an ordinance for which no punishment is specifically prescribed in the ordinance is guilty of a gross misdemeanor and shall be punished by a fine of not more than five thousand dollars or imprisonment in city jail for a period not to exceed one year, or both such fine and imprisonment. (Ord. 1582 § 1, 2022).

2.14.200 Issuance of criminal process.

Pursuant to RCW 3.50.425, all criminal process issued by the municipal court shall be in the name of the state of Washington 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. 1582 § 1, 2022).

2.14.210 Criminal prosecution in city’s name for violation of ordinances.

Pursuant to RCW 3.50.430, all criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city of Othello and may be upon the complaint of any person. (Ord. 1582 § 1, 2022).

2.14.220 Pleadings, practice and procedure.

Pursuant to RCW 3.50.450, pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts. (Ord. 1582 § 1, 2022).

2.14.230 Municipal court as quasi-division department of the city.

For the purposes of the Othello Municipal Code, civil service rules, and Othello city policies and procedures, the Othello municipal court shall be deemed to be a quasi-division of the city of Othello, and, shall have the powers, privileges, and authority enumerated in this chapter. (Ord. 1582 § 1, 2022).

2.14.240 Misdemeanor vacation rates and data.

At least annually, the Othello municipal court shall include conviction vacation data, including type of conviction, rates of vacation, and number of applications, to the city council in the usual course of providing council updates to the public safety committee. (Ord. 1582 § 1, 2022).