Chapter 2.16
MUNICIPAL COURT SYSTEM
Sections:
2.16.030 Judge—Appointment—Qualifications.
2.16.040 Judge—Salary—Costs of operation.
2.16.060 Judge—Vacancy in office.
2.16.070 Judge—Removal from office.
2.16.110 Sentences—Fines—General penalty.
2.16.130 Complaint prosecution.
2.16.140 Pleadings, practice and procedure.
2.16.170 Criminal process service.
2.16.180 Pending proceedings unaffected.
2.16.010 Established.
A. Established. There is established a municipal court entitled “the municipal court of the city of Poulsbo,” hereinafter referred to as a “municipal court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, as presently existing or hereafter amended, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute.
B. Court of Record. The city of Poulsbo municipal court shall herewith be designated a court of record under the statutes and court rules of the state of Washington, pursuant to Article 4, Section 11 of the Constitution of the State of Washington, RCW 2.04.190, 3.02.020 through 3.02.040, 3.50.010, Rules of General Application Court Rule GR29, and the Rules of Court RALJ 5.1 through 6.4. (Ord. 2007‑17 § 1, 2007: Ord. 84-28 § 2, 1984)
2.16.020 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 of Poulsbo.
B. The municipal court 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.
C. 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 ordinances and to pronounce judgment in accordance therewith.
D. The municipal court has the authority to hear and determine pursuant to Chapter 7.80 RCW civil infractions that are established by the Poulsbo Municipal Code and that are committed within the jurisdiction of the city of Poulsbo. (Ord. 2013-05 § 2 (part), 2013: Ord. 84-28 § 3, 1984)
2.16.030 Judge—Appointment—Qualifications.
A. The municipal judge holding office on July 1, 1984, the effective date of the ordinance codified in this section, shall continue to hold office until expiration of his or her term or January 1, 1986, whichever occurs first. The term of a successor shall commence on January 1, 1986, and/or January 1st of each fourth year thereafter, pursuant to appointment as provided in this section.
B. The municipal judge shall be appointed by the mayor, subject to confirmation by the city council, for a term of four years. Appointments shall be made on or before December 1st of the year next preceding the year in which the term commences.
C. A 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. 84-28 § 4, 1984)
2.16.040 Judge—Salary—Costs of operation.
A. The salary of the municipal court judge shall be fixed by resolution as provided in Section 3.12.070(A).
B. All 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 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. (Ord. 2003-16 § 2 (part), 2003; Ord. 84-28 § 5, 1984)
2.16.050 Judges pro tempore.
A. 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.
B. The judge pro tem shall be qualified to hold the position of judge of the municipal court as provided in this chapter.
C. The judge pro tem shall receive such compensation as shall be fixed by resolution as provided in Section 3.12.070(B).
D. The term of the appointment shall be specified in writing, but in any event shall not extend beyond the term of the appointing mayor. (Ord. 2003-16 § 2 (part), 2003; Ord. 84-28 § 7, 1984)
2.16.060 Judge—Vacancy in office.
A. Any vacancy in the municipal court due to a death, disability or resignation of a municipal court judge shall be filled by the mayor for the remainder of the unexpired term. The appointment shall be subject to confirmation of the city council.
B. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. (Ord. 84-28 § 8, 1984)
2.16.070 Judge—Removal from office.
A. A municipal 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.
B. Any vacancy in the municipal court due to death, disability, or resignation of the municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the city council.
C. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter and Chapter 3.50 RCW, as amended by Chapter 258, Laws of 1984. (Ord. 84-28 § 16, 1984)
2.16.080 Employees.
All employees of the municipal court shall, for all purposes, be deemed employees of the city of Poulsbo. They shall be appointed by and serve at the pleasure of the municipal judge. (Ord. 84-28 § 6, 1984)
2.16.090 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 Poulsbo, State of Washington,” surrounding the vignette. (Ord. 84-28 § 15, 1984)
2.16.100 Hours.
The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the municipal court judge; provided, that the municipal court shall not be open on nonjudicial days. (Ord. 84-28 § 9, 1984)
2.16.110 Sentences—Fines—General penalty.
A. 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 superior court.
C. 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 shall be punished by a fine of not more than five thousand dollars or imprisonment for a period not to exceed three hundred sixty-four days, or both such fine and imprisonment. (Ord. 2013-05 § 2 (part), 2013: Ord. 84-28 § 10, 1984)
2.16.130 Complaint prosecution.
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. (Ord. 84-28 § 12, 1984)
2.16.140 Pleadings, practice and procedure.
Pleadings, practice and procedure in cases not governed by statutes and 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. 84-28 § 13, 1984)
2.16.150 Case transfer.
A transfer of a case from the municipal court to either another municipal judge of the same city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings. (Ord. 84-28 § 14, 1984)
2.16.160 Civil jury trial.
A. 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.
B. 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 requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties.
C. The compensation for each municipal court juror shall be as set forth in Section 3.12.070(C) and in addition thereto each juror shall receive mileage at the rate determined under RCW 43.03.060. (Ord. 2003-16 § 2 (part), 2003; Ord. 84-28 § 17, 1984)
2.16.170 Criminal process service.
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 a sheriff in the state. (Ord. 84-28 § 18, 1984)
2.16.180 Pending proceedings unaffected.
The enactments of this chapter shall not affect any case, proceeding, appeal or other matter pending in the Poulsbo municipal court or in any way modify any right or liability, civil or criminal, which may be in existence on the effective date of the ordinance codified in this chapter and Chapter 3.50 RCW as amended by Chapter 258, Laws of 1984. (Ord. 84-28 § 19, 1984)