Chapter 2.40
MUNICIPAL COURT
Sections:
2.40.010 Municipal Court established – Jurisdiction.
2.40.030 Pleadings, practice, procedure.
2.40.040 Traffic Violations Bureau.
2.40.050 Appointment of Judge.
2.40.075 Emergency response costs – Restitution.
2.40.080 Powers of Municipal Court in conduct of judicial proceedings – Contempt of Court.
2.40.010 Municipal Court established – Jurisdiction.
There is created and re-established, pursuant to Chapter 3.50 RCW, as amended by Chapter 2.58, Laws of 1984, a court of limited jurisdiction to be known and designated as a Municipal Court, entitled “The Municipal Court of the City of Sunnyside, Washington,” which Court shall have exclusive, original criminal jurisdiction of all violations of City ordinances, and shall have original jurisdiction of all other actions brought to enforce and recover license penalties or forfeitures declared or given by such City ordinances, or by State statute. Said Municipal Court shall, further, have jurisdiction and shall exercise all other powers granted to municipal courts by common law or by State statutes. [Ord. 1535 § 1, 1985.]
2.40.020 Court sessions.
The Municipal Court shall be open and shall hold regular sessions on such days and during such hours as the Municipal Court shall prescribe; provided, however, that the Court shall be open and in session not less than once each week. [Ord. 1535 § 2, 1985.]
2.40.030 Pleadings, practice, procedure.
Pleadings, practice and procedure in cases not governed by State statute or rules specifically applicable to municipal courts, shall, insofar as applicable, be governed by the statutes and rules now existing, including the applicable provisions of RCW Title 3, or as may be hereinafter adopted as governing the pleadings, practice and procedures applicable to courts of limited jurisdiction. [Ord. 1535 § 3, 1985.]
2.40.040 Traffic Violations Bureau.
There is established a Traffic Violations Bureau to assist the Court in processing traffic cases, which shall operate under the supervision of the Municipal Court, and shall be authorized to receive the posting of bails for specific offenses defined by the Court, and permitted to accept forfeitures of bails, such Traffic Violations Bureau to be established in accordance with RCW 3.50.030, and as hereinafter amended. All fines, costs, fees, forfeitures, and any other monies imposed or collected by any municipal court for the violation of any municipal ordinance, together with any other revenues received by the Municipal Court, shall be deposited in the account established by the City Clerk, as part of the General Fund of the City of Sunnyside, to be used pursuant to State statute. [Ord. 1535 § 4, 1985.]
2.40.050 Appointment of Judge.
The Judge of the Municipal Court shall be appointed by the City Manager, subject to confirmation by the City Council, for a term of office in accordance with the procedures for appointment of municipal court judges as provided in Chapter 3.50 RCW. The term of office is four years, commencing January 1st of every fourth year after January 1, 1986. Appointments shall be made on or before December 1st of the year next preceding the year in which the term commences. The 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. The position of such Municipal Court Judge shall be on a part-time basis. Additional part-time judges may be appointed by the Mayor, subject to confirmation by the City Council, in the same manner as set forth above, whenever public interest and the administration of justice requires the appointment of such additional judges. Salaries of judges of the Municipal Court shall be fixed by ordinance. Judges of the Municipal Court 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. [Ord. 2009-25 § 1, 2009; Ord. 2105 § 1, 2005; Ord. 1535 § 5, 1985; 1956 Code § 1-1501.]
2.40.060 Judges Pro Tem.
The presiding Judge of the Municipal Court may designate one or more persons as Judges Pro Tem to serve in the absence or disability of the duly appointed Judges of the Court, subsequent to the filing of an affidavit of prejudice, or in addition to the duly appointed Judges when the administration of justice and the accomplishment of the work of the Court make it necessary. The qualifications of a Judge Pro Tem shall be the same as for judges as provided in SMC 2.40.050. Judges Pro Tem shall have all the powers of the duly appointed judges when serving as Judges Pro Tem in the Court. Before entering on his or her duties, each Judge Pro Tem shall take, subscribe and file an oath as is taken by a duly appointed Judge. Such Judges Pro Tem shall receive such compensation as shall be fixed by ordinance and such compensation shall be paid by the City. [Ord. 2105 § 2, 2005; Ord. 1535 § 6, 1985.]
2.40.070 Court costs.
A. General. The Municipal Court Judge is authorized to impose court costs in an amount up to the sum of $100.00 per case, in criminal cases; provided, that in alcohol-related offenses, where a deferred prosecution is sought or granted, or in criminal cases where a demand for jury is filed, court costs may be imposed in an amount of up to $250.00 per case; provided, however, that a minimum court cost of $24.00 per case shall be imposed. The Municipal Court Judge shall, further, be authorized to impose such other costs as are required by State statute or municipal ordinance. The Municipal Court Judge shall be authorized to enact local court rules providing for court costs to be imposed on all cases where traffic infractions are filed with the Sunnyside Municipal Court. The Municipal Court Judge shall, further, be authorized to require payment of court costs as a condition of further suspended sentence. The receipt of all funds received by the Sunnyside Municipal Court shall be applied, first to court costs, and then to the amount of fine and assessments.
B. Administrative Costs – Stipulated Orders of Continuance. The Municipal Court Judge shall be authorized to impose administrative costs in the amount of $200.00 for entry of each stipulated order of continuance. [Ord. 2174 § 1, 2007; Ord. 1535 § 7, 1985.]
2.40.075 Emergency response costs – Restitution.
Pursuant to RCW 38.52.430, a person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident has been found guilty of or has had their prosecution deferred for driving while under the influence of intoxicating liquor or any drug, is liable for the expense of an emergency response by a public agency to the incident. The Municipal Court Judge is authorized to impose such amount, as restitution, against any person which has been found guilty of or who has had their prosecution deferred for driving while under the influence of intoxicating liquor or any drug, which conviction pursuant to RCW 46.61.502 occurs within the Sunnyside Municipal Court; provided, that in no event shall a person’s liability for restitution under this section for the expense of an emergency response exceed $1,000 for a particular incident. For purposes of this section, the phrase “expense of an emergency response by a public agency” includes, but is not limited to, charges authorized by City ordinance establishing rates and charges for ambulance response, and hourly rate or rates for law enforcement officers which responded to the particular incident. The hourly rate shall be determined in accordance with that rate established from time to time by the City of Sunnyside. The term “public agency” for the purposes of this section, includes, but is not limited to, the Sunnyside Police Department, Sunnyside Fire Department, Sunnyside Public Works Department, and any other law enforcement agency or department thereof, and any other municipal corporation or department thereof, which provided emergency response services to the incident. The receipt of all funds authorized pursuant to this section shall be received by the Sunnyside Municipal Court and shall be applied as provided in SMC 2.40.070. [Ord. 1965 § 1, 1998.]
2.40.080 Powers of Municipal Court in conduct of judicial proceedings – Contempt of Court.
A. Powers. The Sunnyside Municipal Court has the following powers:
1. To preserve and enforce order in its immediate presence;
2. To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation under its authority;
3. To provide for the orderly conduct of proceedings before it or its officers;
4. To compel obedience to its judgments, decrees, orders and process, and to the orders of a judge out of court, in an action suit or proceeding pending therein;
5. To control, in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;
6. To compel the attendance of persons to testify in an action, suit or proceedings therein, in the cases and manner provided by law;
7. To administer oaths in an action, suit or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties.
B. Contempt of Court. For the effectual exercise of the powers specified in subsection (A) of this section, the Court may punish for contempt in the cases and the manner provided by law. A failure to attend as required by subpoena shall also be considered a contempt of court as provided herein, and in RCW 5.56.061, Chapter 7.21 RCW and RCW 9.92.040, as such statutes now exist or are hereafter amended, which statutes are herein adopted by reference.
The Municipal Court Judge is empowered and authorized to impose a fine of up to $1,000 for each act of contempt of court, and to impose costs for each such act in an amount up to $1,000. [Ord. 1841 § 1, 1993.]