Chapter 2.10 MUNICIPAL COURT

Effective on January 1, 1991, there is re-established a “Municipal Court of the City of SeaTac,” hereinafter referred to as the “Municipal Court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, 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, the general law, or by express statute. (Ord. 13-1004 § 1 (part): Ord. 90-1035 § 8)

2.10.070 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 SeaTac, State of Washington,” surrounding the vignette. (Ord. 13-1004 § 1 (part): Ord. 90-1035 § 9)

2.10.080 Jurisdiction.

The Municipal Court shall have exclusive original jurisdiction over traffic infractions arising under City ordinances, exclusive original criminal jurisdiction of all violations of City ordinances duly adopted by the City, and concurrent jurisdiction over all misdemeanors and gross misdemeanors whether cited under State law or City ordinances. The Municipal Court shall have original jurisdiction of all other actions brought to enforce or recover license, permit or code enforcement penalties or forfeitures declared or given by such ordinances 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, including traffic and civil infractions, arising under such ordinances or statutes and to pronounce judgment in accordance therewith. (Ord. 13-1004 § 1 (part): Ord. 98-1014 § 2: Ord. 90-1035 § 10)

2.10.090 Judges – Appointment – Qualifications.

A. The term of the Municipal Court Judge who was appointed prior to the effective date of the ordinance codified in this section shall expire on December 31, 2009. The term of a successor shall commence on January 1st of the year thereafter and shall continue until December 31st of the fourth year thereafter, pursuant to appointment as provided below.

B. The Municipal Court Judge shall be appointed by the City Manager, subject to confirmation by the City Council, for a term of four (4) years. Appointments shall be made on or before December 1st of the year next preceding the year in which the term is to commence.

C. A person appointed as Municipal Court 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. 13-1004 § 1 (part): Ord. 09-1033 § 1: Ord. 90-1035 § 11)

2.10.100 Salaries – Costs.

The salary of the Municipal Court Judge shall be fixed by ordinance upon adoption of the City’s budget. All costs of operation of 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. Jurors shall be paid a fee of twenty dollars ($20.00) per day and mileage allowance pursuant to RCW 43.03.060. The City shall provide a suitable place for holding court and pay all expenses of maintaining it. (Ord. 13-1004 § 1 (part): Ord. 91-1007 § 1: Ord. 90-1035 § 12)

2.10.110 Removal of judge.

The Municipal Court Judge shall be removed only upon action of the Commission on Judicial Conduct or the Supreme Court as provided in Article IV, Section 31 of the Washington State Constitution. Any vacancy in the Municipal Court due to removal, death, disability or resignation of the Municipal Court Judge shall be filled by the City Manager, subject to confirmation by the City Council, for the remainder of the unexpired term. The appointed judge shall be qualified to hold the position of judge of the Municipal Court as provided in this chapter. (Ord. 13-1004 § 1 (part): Ord. 90-1035 § 13)

2.10.120 Municipal Court employees.

All employees of the Municipal Court shall be employees of the City and all applicable personnel practices and procedures and/or collective bargaining agreements with respect to hiring and termination, and personnel administration shall be followed; provided, that the Municipal Court Judge shall have the responsibility for and authority over judicial functions and Court administration duties with which Municipal Court employees are involved in accordance with GR 29. (Ord. 13-1004 § 1 (part): Ord. 93-1035 § 1: Ord. 90-1035 § 14)

2.10.130 Judges pro tem.

The Municipal Court Judge shall, in writing, appoint judges pro tem who shall serve in the absence or disability of the Municipal Court Judge, subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the accomplishment of the work of the court make it necessary. The judges pro tem shall be qualified to hold the position of Municipal Court Judge as provided in SMC 2.10.090. Before entering upon judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same form as that of the duly appointed Municipal Court Judge, and thereafter shall have all of the powers of the appointed Municipal Court Judge. The judges pro tem shall receive such compensation as is received, on an hourly basis, by the Municipal Court Judge, or as otherwise fixed by resolution or ordinance. (Ord. 13-1004 § 1 (part): Ord. 00-1040 § 1: Ord. 98-1014 § 3: Ord. 90-1035 § 15)

2.10.140 Judicial vacancy.

Repealed by Ord. 13-1004. (Ord. 90-1035 § 16)

2.10.150 Municipal Court hours.

Repealed by Ord. 13-1004. (Ord. 90-1035 § 17)

2.10.160 Revenue deposits.

All fees, costs, fines, forfeitures and other revenues 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 in the City General Fund. (Ord. 13-1004 § 1 (part): Ord. 90-1035 § 18)

2.10.170 Rules of pleading, practice and procedure.

The rules of pleading, practice and procedure before the Municipal Court shall be in accordance with the Rules for Courts of Limited Jurisdiction, as published by the Washington Supreme Court, as currently in effect, as may be subsequently amended. In addition, the Municipal Court Judge may adopt Local Court Rules as appropriate. (Ord. 13-1004 § 1 (part): Ord. 90-1035 § 19)

2.10.180 Public defender – Appointment.

The Municipal Court Judge is authorized to appoint, on a case to case basis, as may be required, an attorney licensed to practice before the courts of the State of Washington, to act as public defender in representing indigent persons charged with criminal offenses triable in the Municipal Court and cases appealed therefrom. (Ord. 13-1004 § 1 (part): Ord. 90-1035 § 20)

2.10.185 Public defender – Standards.

A. It is imperative that quality representation shall be afforded in the provision of public defense to indigent defendants. “Quality representation” describes the minimum level of attention, care, and skill that should be expected of the criminal justice system.

B. Standards for the delivery of public defense services for the City shall be adopted. Pursuant to RCW 10.101.030, standards shall include the following: compensation of counsel, duties and responsibilities of counsel, case load limits and types of cases, responsibility for expert witness fees and other costs associated with representation, administrative expenses, support services, reports of attorney activity and vouchers, training, supervision, monitoring and evaluation of attorneys, substitution of attorneys or assignment of contracts, limitations on private practice of contract attorneys, qualifications of attorneys, disposition of client complaints, cause for termination of contract or removal of attorney, and nondiscrimination. Standards endorsed or adopted by the Washington State Bar Association and the Washington State Supreme Court for the provision of public defense services should serve as guidelines in adopting standards. (Ord. 13-1004 § 1 (part))

2.10.190 Public defender – Statement for services.

Repealed by Ord. 13-1004. (Ord. 90-1035 § 21)

2.10.200 Public defender – Payment.

The charges submitted by the public defender shall be paid from the General Fund. (Ord. 13-1004 § 1 (part): Ord. 90-1035 § 22)

2.10.210 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. Pursuant to the contracting provisions of the City, the Municipal Court may enter into agreements with one or more financial institutions for the purpose of such collections. The said agreements may specify conditions, remuneration for services, and other charges deemed appropriate. (Ord. 13-1004 § 1 (part): Ord. 90-1035 § 23)

2.10.220 Use of collection agencies and attorneys for collection of unpaid penalties.

A. The Municipal Court may use collection agencies as defined by 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. Pursuant to the contracting provisions of the City, the Municipal Court may enter into agreements with one (1) 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 any penalties, fines, costs, assessments, or forfeitures imposed by the Municipal Court.

D. The Municipal Court may assess, as court costs, the moneys 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. 13-1004 § 1 (part): Ord. 90-1035 § 24)