Chapter 2.12
MUNICIPAL COURT
Sections:
2.12.010 Adopts Chapter 3.50 RCW.
2.12.040 Qualifications of judge.
2.12.052 Judges pro tem – Appointment.
2.12.054 Judges pro tem – Salary.
2.12.060 Violations bureau authorized.
2.12.070 Liability for costs incurred.
2.12.095 Reimbursement for jail time served.
2.12.110 Suspended or deferred sentences – Duration period.
2.12.120 Payment of fines – Default.
2.12.010 Adopts Chapter 3.50 RCW.
The municipal court of the city of Westport is established under the authority of Chapter 3.50 RCW and shall have jurisdiction and shall exercise all powers invested in the municipal court by ordinance, together with such other powers and jurisdiction as are generally conferred upon such courts in the state, either by common law, court rule or statute. The judge of the Westport Municipal Court shall be appointed by the mayor and confirmed by the city council. (Ord. 738 § 1, 1984; Ord. 547 § 1, 1977)
2.12.040 Qualifications of judge.
The person appointed to serve 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 courts of record of the state of Washington or in the alternative a resident of the city. (Ord. 955 § 2, 1994; Ord. 408 § 1, 1971; Ord. 359 § 2, 1969)
2.12.052 Judges pro tem – Appointment.
The mayor of the city 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. The judges pro tem shall be qualified to hold the position of judge of municipal court as provided herein. (Ord. 955 § 1, 1994; Ord. 385 § 1, 1971)
2.12.054 Judges pro tem – Salary.
Judges pro tem appointed and serving pursuant to this chapter shall be paid on hourly basis, at the rate of $50.00 per hour. (Ord. 955 § 3, 1994; Ord. 483, 1975; Ord. 385 § 2, 1971)
2.12.060 Violations bureau authorized.
The municipal court of the city of Westport is authorized to establish a violations bureau to assist the court in the processing of traffic cases. The violations bureau is vested with all authority expressed or implied in the statutes of the state for such bureaus. Personnel and procedure of the violations bureau shall be under the control of the judge of the Westport municipal court. (Ord. 738 § 2, 1984)
2.12.070 Liability for costs incurred.
Whenever the city of Westport shall be liable for the payment of costs in any criminal action or proceeding in municipal or superior court, a cost bill shall be prepared and certified by the officers mentioned in this chapter, specifying the different items of cost for which the city is liable; and where witness or jury fees are included in such cost bill, the name, address, per diem, and mileage of each witness or juror shall be specified. In all criminal cases in the municipal court, cost bills shall be prepared and certified to by the municipal court judge. In all such criminal cases in the superior court, brought there on appeal from the municipal court, the cost bill showing all costs for which the city shall be liable shall be reviewed by the city attorney. It shall be the duty of the city to issue to the several parties, jurors, and witnesses, shown by the cost bill to be entitled thereto, their respective costs and fees to which such cost bill shows them to be entitled. (Ord. 738 § 3, 1984)
2.12.080 Court rules.
The municipal court may prescribe such rules as it may deem appropriate for the operation of its court; provided, that such rules are not inconsistent with the ordinances of the city, laws of the state, or court rules adopted by the Supreme Court. (Ord. 738 § 4, 1984)
2.12.090 Fees and costs.
Upon conviction or a plea of guilty, a defendant in a criminal case shall be liable for such costs, including repayment of court-appointed attorney fees, as are imposed by the court, to the same extent as would a person convicted in a district court of this state.
(1) Costs shall be limited to expenses specially incurred by the city in prosecuting the defendant including witness costs and fees. They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with a maintenance and operation of governmental agencies that must be made by the public irrespective of specific violations of law.
(2) The court shall not sentence a defendant to pay costs unless a defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(3) A defendant who has been sentenced to pay cost, who is not in contumacious default in the payment thereof, may at any time petition the court for remission of the payment of cost or any unpaid portion thereof. If it appears to the satisfaction of the court that the payment of the amount due will impose manifest hardship upon the defendant or his immediate family, the court may remit all or a part of the amount due in costs, or modify the schedule of payment.
(4) In setting costs for the repayment of court-appointed attorney fees, the court may assess the actual costs incurred or may establish a schedule of repayment for various types of services. In any case, the court may require repayment of all or a portion of the attorney fees in accordance with this section.
Unless otherwise directed by the court, in any case where fees or costs are imposed, such fees and costs shall be charged against the first moneys paid by the defendant into the registry of the court. (Ord. 738 § 5, 1984)
2.12.095 Reimbursement for jail time served.
All defendants sentenced to serve time in jail and/or custody by the Westport municipal court shall reimburse the city at the rate of $65.00 per day (in addition to any other fines, costs and penalties imposed by the Westport municipal court) for each day said defendant serves in jail and/or custody. (Ord. 1066, 1996)
2.12.100 Payment of fines.
(1) Upon sentencing, all costs and fines imposed by the court shall be immediately due and payable unless the court, in its sole discretion, shall grant the defendant permission to defer payment to a later date or to make payments over a period of time; provided, however, that if the defendant fails to make any payment as scheduled, the entire amount shall be immediately due and payable unless the court directs otherwise.
(2) If a defendant who is granted deferred or time payment of costs and fines is unable to make any payment when due, the defendant shall appear in person before the court on or before the date when the payment is due and state the reasons for his or her inability to make payments. The court shall inquire into the inability of the defendant to make payment. If the court is satisfied that the defendant is unable to pay all or a part of the payment, the court may conditionally or unconditionally amend all or a part of the payment schedule. (Ord. 738 § 6, 1984)
2.12.110 Suspended or deferred sentences – Duration period.
The duration of any deferred or suspended sentence for any violation of the criminal ordinances of the city shall be for a period of two years from the date of conviction unless the court, in its discretion, shall set a shorter period of time; provided, however, that any deferred sentence granted for an alcohol-related driving offense shall be for a period not to exceed five years. (Ord. 738 § 7, 1984)
2.12.120 Payment of fines – Default.
(1) When a defendant sentenced to pay a fine or costs defaults in the payment thereof or of any installment, the court on the motion of the city attorney or upon its own motion may require the defendant to show cause why his or her default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest directing the defendant’s appearance.
(2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or a failure on the defendant’s part to make a good-faith effort to make the payment, the court may find that the defendant’s default constitutes contempt and may order the defendant committed until the fine or cost or as specified part thereof is paid.
(3) When a fine or assessment of costs is imposed upon a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or cost from those assets, and his or her failure to do so may be held to be contempt unless the showing required in subsection (2) of this section is made.
(4) The term of imprisonment for contempt for nonpayment of a fine or cost shall be set forth in the commitment order and shall not exceed one day for each $25.00 of the fine or costs, or 30 days, whichever is the shorter period. A person committed for nonpayment of a fine or cost shall be given credit toward the payment for each day of imprisonment at the rate specified in the commitment order.
The court shall have discretion to order, in lieu of jail commitment, the defendant to perform community service. The defendant shall receive $25.00 credit for each 24 hours of community service performed.
(5) If it appears to the satisfaction of the court that the default in the payment of a fine or costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or cost or the unpaid portion thereof in whole or in part.
(6) A default in the payment of a fine or cost or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of fines or costs shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected. (Ord. 738 § 8, 1984)