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HomeMy WebLinkAboutOrd 1324 - Court Improvement Act of 19842013 2261 n CITY of TUK RPB j ry WASHINGTON 06/25/84 ORDINANCE NO. L 3� 4 AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON, ESTABLISHING A MUNICIPAL COURT SYSTEM PURSUANT TO THE COURT IMPROVEMENT ACT OF 1984, CHAPTER 258, LAWS OF 1984 AND DECLARING AN EMERGENCY. WHEREAS, the Washington State Legislature has enacted The Court Improvement Act of 1984, effective July 1, 1984, requiring all police courts and municipal courts organized under RCW 35.22, 35.23, 35.24, 35.27 and 35A.20 to organize under the provisions of Chapter 258, Laws of 1984, and, WHEREAS, due to the effective date of the State leg- islation an emergency exists which requires that this ordi- nance become effective immediately upon its adoption by the City Council in order for the Municipal Court to continue its operation on an uninterrupted basis and thereby protect the public health, safety, property and peace, and WHEREAS, the City Council has determined to adopt this ordinance by a vote of a majority plus one of the whole membership of the Council, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following provisions of the Tukwila Municipal Code are hereby repealed: O20. I6)4'5 tcrf,N 2 .68.005 2.68.280 Cr'<:;. cT c7, �}l CA ,1 c Sc c"r, /`2. 68.010 2.68.29000), .2a c r, 5u 5 2.68.020 2.68.300 aE ,6Lei 2.68.030 2.68.330 aR c7 d' 1• (p,1 040 2.68.3400? 1).tn,SL<r 2.68.3500 '7aN Sear° 4.37 C7 I 74LSte7, 72.68.070 2.68.400 Or-,t 7a6 l 2,68.240 2.6 8.410 c r' u *),;L c i" r" 5 c Sc: 2.68.260 2 68 46 0 .p4, it Section 2. There is hereby added to the Tukwila Municipal Code a new Section 2.68.005 to read as follows: §2.68.005 Court Established. There is hereby established a municipal court entitled "The Muni- cipal Court of the City of Tukwila hereinafter referred to as "municipal court which court shall have jurisdiction and shall exercise all powers enumerated herein and in RCW 3.50 as amended by Chapter 258, Laws of 1984, 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. Section 3. There is hereby added to the Tukwila Municipal Code a new Section 2.68.010 to read as follows: §2.68.010 Jurisdiction. The municipal court shall have exclusive original jurisdiction over traffic infractions arising under City ordinances and ex- clusive original criminal jurisdiction of all vio- lations of City ordinances duly adopted by the City of Tukwila. The municipal court shall have ori- ginal jurisdiction of all other actions brought to enforce or recover license 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, civil or criminal, including traffic in- fractions, arising under such ordinances and to pronounce judgment in accordance therewith. Section 4. There is hereby added to the Tukwila Municipal Code a new Section 2.68.020 to read as follows: §2.68.020 Judges Appointment Qualifications. A. The municipal judge holding office on July 1, 1984, the effective date of this ordi- nance, 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 1 of each fourth year there- after, pursuant to appointment as provided below. B. The municipal judge shall be appointed by the Mayor, subject to confirmation by the City Council, for a term of four (4) years. Appointments shall be made on or before December 1 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 at- torney admitted to practice law before the courts of record of the State of Washington. Section 5. There is hereby added to the Tukwila Municipal Code a new Section 2.68.025 to read as follows: §2.68.025 Salaries and Costs. The salary of the municipal court judge shall be fixed by ordinance. All costs of operating the municipal court; includ- ing but not limited to salaries of judges and court 2 employees, dockets, books of records, forms, fur- nishings and supplies, shall be paid wholly out of the funds of the City. The City shall provide a suitable place for holding court and pay all ex- penses of maintaining it. Section 6. There is hereby added to the Tukwila Municipal Code a new Section 2.68.030 to read as follows: §2.68.030 Municipal Court Employees. All em- ployees of the municipal court shall, for all pur- poses, be deemed employees of the City of Tukwila. They shall be appointed by and serve at the pleas- ure of the court; provided, that all applicable personnel practices and procedures with respect to hiring and termination are followed. Supervision of the court employees shall be by the Mayor or designee. Section 7. There is hereby added to the Tukwila Municipal Code a new Section 2.68.040 to read as follows: §2.68.040 Judges Pro Tem Court Commissioners. A. The Mayor shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of the muni- cipal court or subsequent to the filing of an affidavit of prejudice. The judge pro tem shall be qualified to hold the position of judge of the municipal court as provided herein. The judge pro tem shall receive such compensation as shall be fixed by ordi- nance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing Mayor. B. The municipal court judge may appoint one or more municipal court commissioners, who shall hold office during the pleasure of the municipal court judge. Each municipal court commissioner shall have.s. ch ower, author- ity and jurisdiction i ��c�liiI'al matters as the municipal court judge shall prescribe by court order. Section 8. There is hereby added to the Tukwila Municipal Code a new Section 2.68.045 to read as follows: §2.68.045 Judicial Vacancy 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 unex- pired term. The appointment shall be subject to confirmation of the City Council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. Section 9. There is hereby added to the Tukwila Municipal Code a new Section 2.68.050 to read as follows: 3 §2.68.050 Municipal Court Hours. The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the muni- cipal court judge: PROVIDED, That the municipal court shall not be open on nonjudicial days. Section 10. There is hereby added to the Tukwila Municipal Code a new Section 2.68.070 to read as follows: §2.68.070 Sentences. 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, execu- tion 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 the superior court. C. Every person convicted by the municipal court of a violation of the criminal provi- sions of an ordinance for which no punish- ment is specifically prescribed in the ordi- nance shall be punished by a fine of not more than five thousand dollars ($5,000.00) or imprisonment in the City jail for a per iod not to exceed one (1) year, or both such fine and imprisonment. Section 11. There is hereby added to the Tukwila Municipal Code a new Section 2.68.075 to read as follows: §2.68.075 Deferral and Suspension of Sentences. A. After a conviction, the court may defer sentencing and place the defendant on pro- bation and prescribe the conditions thereof, but in no case shall it extend for more than two (2) years from the date of conviction. During the time of the deferral, the court may, for good cause shown, permit a defend- ant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges. B. For a period not to exceed two (2) years after imposition of sentence, the court shall have continuing jurisdiction and auth- ority to suspend the execution of all or any 4 part of the sentence upon stated terms, in- cluding installment payment of fines. C. Deferral of sentence and suspension of exe- cution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspen- sion. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended or any unexe- cuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs. D. Any time before entering an order termin- ating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. Section 12. There is hereby added to the Tukwila Municipal Code a new Section 2.68.095 to read as follows: §2.68.095 Complaints. All criminal prosecutions tor the violation of a City ordinance shall be conducted in the name of the City and may be upon the complaint of any person. Section 13. There is hereby added to the Tukwila Municipal Code a new Section 2.68.085 to read as follows: §2.68.085 Pleadings, Practice and Procedure. Pleadings, practice and procedure in cases not governed by statutes or rules specifically applic- able to municipal courts shall, insofar as applic- able, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts. Section 14. There is hereby added to the Tukwila Municipal Code a new Section 2.68.400 to read as follows: §2.68.400 Case Transfers. A transfer of a case from the municipal court to either another munici- pal judge of the same City or to a judge pro tem- pore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCw 3.66.090 in all civil and criminal proceedings. Section 15. There is hereby added to the Tukwila Municipal Code a new Section 2.68.006 to read as follows: §2.68.006 Court Seal. The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of The Municipal 5 Court of Tukwila, State of Washington," surrounding the vignette. Section 16. There is hereby added to the Tukwila Municipal Code a new Section 2.68.027 to read as follows: §2.68.027 Removal of Judg. 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. 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 un- expired term. The appointment shall be subject to confirmation by the City Council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this ordinance and RCW 3.50 as amended by Chapter 258, Laws of 1984. Section 17. There is hereby added to the Tukwila Municipal Code a new Section 2.68.240 to read as follows: §2.68.240 Civil Jury Trials. In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six (6) 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. 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 col- lected by the court. The fee shall be apportioned among the requesting parties. Each juror shall re- ceive ten dollars ($10.00) for each day in atten- dance upon the municipal court, and in addition thereto shall receive mileage at the rate deter- mined under RCW 43.03.060. Section 18. There is hereby added to the Tukwila Municipal Code a new Section 2.68.115 to read as follows: §2.68.115 Criminal Process. 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. Section 19. There is hereby added to the Tukwila Municipal Code a new Section 2.68.470 to read as follows: §2.68.470 Savings. The enactments of this chap tershall not affect any case, proceeding, appeal or other matter pending in the Tukwila Municipal Court or in any way modify any right or liability, civil or criminal, which may be in existence on the ef- fective date of this ordinance and RCW 3.50 as amended by Chapter 258, Laws of 1984. 6 Section 20. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the valid- ity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 21. This ordinance being necessary for the protection of the public health, safety, property and peace, shall be in full force and effect immediately upon its adop- tion by the City Council. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of „)114i 1984. APPROVED: M 4 R, CAR L. VAN DUSEN ATTEST /AUTHENTICATED: TY W K, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY F14 D W TH THE CITY CLERK: June 28, 1984 PASSED BY THE CITY COUNCIL: July 2, 1984 PUBLISHED: July 11, 1984 EFFECTIVE DATE: July 17, 1984 ORDINANCE NO. 1324 7