Chapter 2.85
SNOQUALMIE MUNICIPAL COURT
Sections:
2.85.030 Disposition of revenue.
2.85.050 Municipal court commissioner.
2.85.080 Municipal court seal.
2.85.120 Pleadings, practice and procedure.
2.85.130 References to state statutes.
2.85.010 Creation.
The municipal court of the city of Snoqualmie (“municipal court”) is hereby created, which shall have jurisdiction and exercise all powers vested in the municipal court by Chapter 3.50 RCW, as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or statute. The municipal court shall commence operation on January 1, 2007. (Ord. 999 § 1, 2006).
2.85.020 Jurisdiction.
The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city of Snoqualmie ordinances and exclusive original criminal jurisdiction of all violations of city of Snoqualmie ordinances. The municipal court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared by city of Snoqualmie ordinance or state statute. The municipal court is also 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 city ordinances, to issue process including without limitation subpoenas and search warrants, and to pronounce judgment in accordance therewith. Finally, the municipal court shall have all jurisdiction conferred on it by statute. Notwithstanding the foregoing, the district court for King County, Issaquah Division, shall continue to have jurisdiction over any matter filed with the district court by the city of Snoqualmie before January 1, 2007, so long as the matter has not been transferred by court order to the Snoqualmie municipal court. (Ord. 999 § 1, 2006).
2.85.030 Disposition of revenue.
Costs in civil and criminal actions may be imposed as provided in district court pursuant to RCW 3.62.060 and 10.01.160 or other applicable law. All fees, costs, fines, forfeitures and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk and shall be deposited with the city finance officer in conformance with procedures adopted by the mayor or state law, or shall be remitted to the city of Snoqualmie pursuant to such interlocal agreement as may be in effect according to its terms. These funds shall be retained or disbursed pursuant to city ordinances, policies, rules and state law, such as RCW 3.50.100. (Ord. 999 § 1, 2006).
2.85.040 Municipal judge.
A. Appointment. Consistent with RCW 3.50.040, within 30 days after the effective date of the ordinance codified in this chapter, the mayor shall appoint a municipal judge who shall work less than a full-time equivalent as defined in RCW 3.50.055. Pursuant to RCW 35A.13.080, this appointment is subject to confirmation by the city council. If an interlocal agreement is in effect, such appointment shall be in accordance with the terms of the interlocal agreement.
B. Term. Consistent with RCW 3.50.040, the municipal judge shall serve a term of four years, with the initial appointment of the judge under this chapter expiring December 31, 2010. On or before December 1, 2005, the mayor shall make an appointment of a judge for a term commencing January 1, 2007 and expiring December 31, 2010; provided, that the judicial position continues as a less than full-time equivalent position as defined in RCW 3.50.055. Appointments, if appropriate, for each term thereafter shall be made on or before December 1st of the next preceding year in which the judicial term commences. In the event that the judicial position becomes a full-time equivalent position as defined in RCW 3.50.055, an election shall be conducted the year preceding the expiration of the appointed term.
C. Judicial Qualifications. The person appointed as judge shall be qualified for the position of municipal judge under all applicable state statutes, including without limitation, RCW 3.50.040 and 3.50.057.
D. Judges Pro Tem. The municipal judge shall, in writing, appoint judges pro tem who shall serve in the absence, disability, or disqualification of the regular municipal judge, subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the accomplishment of the work of the municipal court make it necessary; provided, however, that the compensation of all judges pro tem shall be within the municipal court budget adopted by the city council, or in accordance with the terms of any interlocal agreement in effect. A pro tem judge’s term of appointment shall also be specified in writing. The judges pro tem shall receive such compensation as is received on an hourly basis by the municipal judge, or as otherwise fixed by resolution or by ordinance. The pro tem judge shall meet the qualifications required for the position of municipal court judge as provided herein. Before entering upon judicial duties, the pro tem judge shall take, subscribe and file an oath in the same form as that of the duly appointed municipal judge and thereafter shall have all the powers of the appointed municipal judge. When deemed necessary by the municipal judge, he or she may make a temporary appointment of a judge pro tem to preserve an individual’s rights according to law or to respond to emergency circumstances, effective for up to one week.
E. Vacancy. 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. The appointment shall be confirmed by the city council.
F. Removal.
1. Removal for Misconduct/Malfeasance. Pursuant to RCW 3.50.095, a judge may be removed from office during the term of his or her appointment 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.”
2. Removal by Judicial Conduct Commission. A municipal court judge may also be removed from office by the Washington State Judicial Conduct Commission and/or the Washington State Supreme Court, as described in Chapter 2.64 RCW or other applicable law. No separate action by the city council is required to effect such removal.
G. Oath. Every judge of the municipal court, before entering upon the duties of the office, shall take and subscribe to 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 Snoqualmie, according to the best of my ability.
The oath shall be filed in the office of the King County department of records and elections and with the Snoqualmie city clerk.
H. Compensation. Pursuant to RCW 3.50.080, the judge’s compensation shall be set by the city council by ordinance, or in accordance with any interlocal agreement in effect. Other terms of employment shall be set by a professional services agreement which will be entered into between the city and the appointed judge, or in accordance with any interlocal agreement in effect. (Ord. 999 § 1, 2006).
2.85.050 Municipal court commissioner.
Pursuant to RCW 3.50.075, municipal court commissioner(s) may be appointed by the judge so long as the compensation for such commissioner is within the municipal court budget adopted by the city council, or in accordance with any interlocal agreement in effect. The commissioner shall serve at the pleasure of the judge. (Ord. 999 § 1, 2006).
2.85.060 Court operation.
Unless otherwise provided by any interlocal agreement in effect, as part of each annual budget presentation, the mayor or his or her designee following consultation with the judge will prepare a proposed municipal court budget and will make a recommendation on such budget to the city council. The annual budget for the municipal court is subject to city council approval. All employees of the municipal court shall be deemed employees of the city and they shall be appointed by and serve at the pleasure of the judge. (Ord. 999 § 1, 2006).
2.85.070 Sessions.
The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the judge; provided, that the municipal court shall not be open on nonjudicial days, as established by state law. This section shall not prevent the judge from granting telephonic approval or entry of search warrants, issuing no-contact orders, or determinations of probable cause, regardless of whether or not the municipal court is officially open. (Ord. 999 § 1, 2006).
2.85.080 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 Snoqualmie, State of Washington” surrounding the vignette. (Ord. 999 § 1, 2006).
2.85.090 Jury trial and fee.
Jury trials shall be allowed as specifically provided for in RCW 3.50.135, or in accordance with state law. A party requesting a jury trial shall pay to the municipal court a fee which shall be the same amount as for a jury trial in district court. If more than one party requests a jury, the fee shall be apportioned. Jurors shall be reimbursed for their costs and mileage pursuant to RCW 3.50.135 for each day in attendance at the municipal court in the amounts set by the city council. These fees may be included in the costs that are imposed by the court upon a defendant. (Ord. 999 § 1, 2006).
2.85.100 Sentencing.
The judge shall have the broadest authority and greatest discretion consistent with the Snoqualmie Municipal Code and applicable state law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing and termination of probation, the judge shall be guided by applicable state law, such as RCW 3.50.300 through 3.50.340 and 3.50.440. (Ord. 999 § 1, 2006).
2.85.110 Criminal process.
All criminal process issued by the municipal court shall be consistent with RCW 3.50.425, 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 or other police officer of any city or to any sheriff in the state. (Ord. 999 § 1, 2006).
2.85.120 Pleadings, practice and procedure.
Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall be governed by RCW 3.50.450 and all other statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts, including without limitation the Washington Rules for Courts of Limited Jurisdiction and Local Rules of the District Court for King County. (Ord. 999 § 1, 2006).
2.85.130 References to state statutes.
All references in this chapter to state statutes, including without limitation Chapter 3.50 RCW, shall be deemed to incorporate by reference such state statutes, as now existing or hereafter adopted or amended. (Ord. 999 § 1, 2006).