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HomeMy WebLinkAboutOrd 0726 - Municipal Court and Appointment of Judges 735 §8(1), 10 1085 §1, 8(1) 1324 §1-7, §8 (part), §9-10 1288 Otw.s,s,- U lops CITY f— of TUK WASHINGTON ORDINANCE NO. 7446 AN ORDINANCE ESTABLISHING A MUNICI- PAL COURT, PROVIDING FOR THE APPOINT- MENT OF JUDGES, AND ESTABLISHING RULES OF PLEADING, PRACTICE AND PROCEDURE. THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the authority conferred by RCW 35.24.450, Chapter 7, Laws of 1965, as amended by Section 11, Chapter 116, Laws of 1965, First Extra Session, there is hereby created a Municipal Court entitled: "THE MUNICIPAL COURT OF THE CITY OF TUKWILA," which Court shall have original criminal jurisdiction of all violations of city ordinances and shall have original jurisdiction of all other actions brought to enforce or recover license penal- ties or forfeitures declared or given by such city ordinances or by any state statutes. The Municipal Court of the City of Tukwila is empowered to forfeit cash bail bonds and issue execution thereon; to hear and determine all causes, civil or criminal, arising under such ordin- ances, and to pronounce judgments in accordance therewith. SECTION 2. The Judge of the Municipal Court shall be appointed by the Mayor of the City of Tukwila and such appointment shall be for a term ending January 14, 1976. Succeeding appoint- ments shall be for terms of four years commencing on January 15th of 1976 and each succeeding four years thereafter. The Municipal Judge shall serve during the term of his appointment and until his successor takes office. Succeeding appointments shall be made in like manner by the Mayor at the time he makes his other appointments. -1- SECTION 3. The person appointed as Municipal Judge shall be a citizen of the United States of America and of the State of Washington and shall be an attorney duly admitted to practice law in this state. SECTION 4. The salary of the Municipal Court Judge shall be fixed, for the initial term, in the sum of $35.00 per hour. SECTION 5. The Municipal Court shall be open and shall hold regular sessions on the following days: Each Tuesday, between the hours of 7 :00 P.M. and 9:00 P.M.; together with such additional times for regular and /or special sessions as may be prescribed by the City Council from time to time. SECTION 6. All fees, costs, fines, forfeitures and other moneys imposed or collected by the Municipal Court for the violation of any municipal ordinance, together with any other revenue received by the Municipal Court, shall be deposited with the City Treasurer as a part of the general fund of the city. SECTION 7. Every person convicted by the Municipal Court of the City of Tukwila of violating the criminal provisions of any ordinance shall be punished by a fine of not more than $500.00, or imprisonment for a period of not to exceed 90 days, or both such fine and imprisonment. SECTION 8. The following rules of pleading, practice and procedure shall govern proceedings in the Tukwila Municipal Court: Sub Section 1. Criminal Prosecutions Complaints. Except as otherwise provided herein with regard to traffic offenses and with the exception of the ordinance relating to arrest for the crime of shoplifting, each criminal prosecution in the Municipal Court shall be instituted by a complaint. The complaint shall contain and shall be sufficient if it contains, a plain, concise and definite statement of the essential facts constituting the specific offense or offenses with which the defendant is charged. -2- Sub- Section 2. Complaint to be Sworn Examination Filing The complaint shall be sworn to before the Muni- cipal Court Judge and shall be filed by him when, from his examination of the complainant and other witnesses, if any, he has reasonable grounds to believe that an offense of which he has jurisdiction has been committed and that the defendant committed it. No objection to a complaint on grounds that it was not signed or sworn to as herein required may be made after a plea to the merits has been entered. Sub Section 3. When Oath to Complaint Not Required Penalty for False Certification No oath shall be required when the complaint is made by a county or municipal prosecutor or city attorney and if it contains or be verified by a written declaration that it is made under the penalties of perjury. Any other person who wilfully certifies falsely to any matter set forth in any such complaint shall be guilty of a gross misdemeanor. Sub- Section 4. Amendments to Complaints The Court may permit a complaint to be amended at any time before judgment if no additional or differ- ent offense is charged, and if substantial rights of the defendant are not thereby prejudiced. Sub- Section 5. Warrant for Arrest If, from the examination of the complainant and other witnesses, if any, the court has reasonable ground to believe that an offense has been committed and that the defendant has committed it, a warrant shall issue for the arrest of the defendant. Sub Section 6. Form and Contents of Warrant The warrant shall be in writing and in the name of the state, shall be signed by the Municipal Court Judge with the title of his office, and shall state the date when issued and the municipality where issued. If shall specify the name of the defendant or, if his name is un- known, any name or description by which he can be identified with reasonable certainty. It shall describe the offense charged against the defendant. It shall command the defendant be arrested and brought before the court at a stated place, without unnecessary delay, unless he deposits bail as stated in the warrant and is released for appearance in court on a date certain stated therein. Sub Section 7. Execution of Warrant Procedure The warrant shall be directed to all peace officers in the state and shall be executed only by a peace officer. -3- It shall be executed by the arrest of the defendant and may be executed in any county or municipality of the state by any peace officer in the state. The officer need not have the warrant in his possession at the time of arrest, but in that case he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued; and, upon request, shall show the warrant to the defendant as soon as possible. Sub Section 8. Return of Warrant Unexecuted Warrants The officer executing a warrant shall forthwith make return thereof to the court issuing it. Any unexecuted warrants shall be returned to the Municipal Court and may be cancelled by him. While a complaint is pending, a warrant returned and unexecuted and not cancelled, or a duplicate thereof, may be delivered by the Municipal Court to a peace officer for execution or service. Sub Section 9. Arrest With or Without Warrant An officer making an a "rest under a warrant shall take the arrested person without unnecessary delay and, in any event, within twenty -four hours, exclusive of non judicial days, before the Municipal Court or admit him to bail as commanded in the warrant. Any person making an arrest without a warrant shall take the arrested person without unnecessary delay and, in any event, within forty -eight hours, exclusive of non judicial days, before the Municipal Court. When a person is arrested without a warrant and brought be- fore the Municipal Court, a complaint shall be filed forthwith. Sub Section 10. Bail The Judge of the Municipal Court may accept money as bail for the appearance of persons charged with bailable offenses. The amount of bail or recognizance in each case shall be determined by the Court in its discretion and may, from time to time, be increased or decreased as circumstances may justify. Sub Section 11. Bail Bonds A person required or permitted to give bail may execute a bond conditioned upon his appearance at all stages of the proceedings until final determination of the cause, unless otherwise ordered by the Court. One or more sureties may be required; cash may be accepted; and, in proper cases, no security need be required. Bail given on appeal shall be deposited with the clerk of the Court. Sub Section 12. Justification of Sureties Approval of Bond by Judge Every surety, except an approved corporate surety, -4- shall justify by affidavit and shall describe in the affidavit the property which he proposes to justify and the encumbrances thereon; the numbered amount of bonds and undertakings for bail entered into by him and remaining undischarged and all of his other liabilities. Provided, That persons engaged in the bail bond busines shall justify annually. No bond shall be approved unless the surety thereon shall be financially responsible. The municipal court judge shall approve all bonds. Sub Section 13. Defendant's Rights Arraignment When a person arrested either under a warrant or without a warrant is brought before the Court, he shall thenbe informed of the charge against him, ad- vised of his constitutional rights and he shall be arraigned then or within a reasonable time set by the court. The arraignment shall be conducted in open court and shall consist of stating to him the substance of the charge and calling on him to plead thereto. The defendant shall be given a copy of the complaint if he requests the same. Defendants who are jointly charged may be arraigned separately or together in the discretion of the court. Sub Section 14. Plea The defendant may plead guilty; not guilty; and a former conviction or acquittal of the offense charged, which may be pleaded with or without a plea of not guilty. The Court may refuse to accept a plea of guilty and shall not accept a plea without first de- termining that the plea is made voluntarily with under- standing of the nature of the charge. If a defendant refuses to plead, or if the Court refuses to accept a plea of guilty, the Court shall enter a plea of not guilty. The Court may strike out a plea of guilty and enter a plea of not guilty, if it deems such action necessary in the interest of justice. Sub Section 15. Continuances The Municipal Court may, in its discretion, grant continuances for good cause shown. If a con- tinuance is granted, the cost thereof shall abide the event of the prosecution in all cases. If a continu- ance is granted, the Court may recognize the defendant and the witnesses to appear from time to time, in the same manner as is provided in other criminal examina- tions. Sub Section 16. Sentence, Acquittal If the complaint is for a crime within the jurisdiction of the Court, and the defendant pleads guilty, the Court shall sentence him upon a proper show- ing of a prima facie case against him. If the defendant pleads not guilty or pleads a former conviction or acquittal of the offense charged, the Court shall hear and determine the cause, and either acquit or convict and punish. -5- Sub Section 17. Jury Trials, When Allowed No Change of Venue or Affidavit of Prejudice In all trials for offenses in Municipal Court, a jury trial shall be allowed only in offenses involving the revocation or suspension of a driver's license or other gross misdemeanor. No change of venue shall be taken from the Municipal Court, and the defendant shall not be entitled to file an affidavit of prejudice against the judge of the Municipal Court. Sub Section 18. Sentence to be Without Delay New Bail Sentence shall be imposed by the Court without unreasonable delay. Pending sentence, the Court may commit the defendant or may allow the defendant to post bail anew. Sub Section 19. Execution of Sentence Hard Labor Jail in Lieu of Fine, Computation In all cases of conviction, unless otherwise pro- vided in Chapters 3.30 through 3.74, Revised Code of Washington as now or hereafter amended, where a jail sentence is given to the defendant, execution shall issue accordingly and where the judgment of the Court is that the defendant pay a fine and costs, he may be committed to jail to be placed at hard labor until the judgment is paid in full. A defendant who has been committed shall be dis- charged upon the payment for such part of the fine and costs as remains unpaid after deducting from the who ].e 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. Sub Section 20. Conviction of Corporation If a corporation is convicted of any offense, the Court may give judgment thereon and may cause the judg- ment to be enforced in the same manner as a judgment in a civil action. Sub Section 21. Deferral of Sentence Change of Plea, Dismissal After a conviction, the Court may defer sentencing the defendant and place him on probation and prescribe the condition thereof, but in no case shall it extend for more than one year from the date of conviction. During the time of the deferral, the Court may, for good cause shown, permit a defendant to withdraw his plea of guilty, permit him to enter a plea of not guilty, and dismiss the charges against him. -6- Sub- Section 22. Continuing Jurisdiction of Court After Sentence For a period not to exceed one year after imposi- tion of sentence, the Court shall have continuing jurisdiction and authority to suspend the execution of all or any part of its sentence upon stated terms, in- cluding installment payment of fines. Sub Section 23. Revocation of Deferred or Suspended Sentence Maximum Sentence Credit for Time or Fine Deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the de- ferral or suspension. Upon the revocation of the de- ferral or suspension, the Court shall impose the sent- ence previously suspended or any unexecuted 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. Sub- Section 24. Correction of Clerical Mistakes, Errors, etc. Clerical mistakes in judgments, orders or other parts of the record, and errors in the record arising from oversight or omission may be corrected by the Court at any time and after such notice, if any, as the Court may order. If an appeal has been taken, such mistakes may be so corrected until the record has been filed in the appellate court and thereafter, while the appeal is pending, may be so corrected with leave of the appellate court. Sub Section 25. Presence of Defendant, Counsel The defendant shall be present in person or by counsel at the arraignment and shall be present at every later stage of the trial. A corporation may appear by counsel for all purposes. Sub- Section 26. Review by Superior Court Methods Grounds All criminal proceedings before the Municipal Court and judgments rendered therein, shall be subject to review in superior court of the county by appeal as provided in RCW 3.50.380, or by a writ of review. The writ of review shall be sought by the city only in those instances wherein the Municipal Court dismisses an action solely for reasons of law, and shall not be available after a trial on the merits. The procedure thereby used in seeking a writ of review shall be sub- stantially the same as that provided for in appeal. -7- Sub Section 27. Appeal to Superior Court Procedure The appeal shall be to the superior court of King County. The appeal shall be taken by serving a copy of a written notice of appeal upon the attorney for the plaintiff and filing the original thereof with an acknowledgement of service or affidavit of service with the Municipal Court within ten days after entry of judgment. After notice of appeal is given, as herein re- quired, the appellant shall diligently prosecute his appeal and, within thirty days from the date of entry of judgment, the Municipal Judge or his clerk shall file with the clerk of the Superior Court a transcript duly certified by the Municipal Court Judge and fur- nished by the Municipal Court free of charge contain- ing a copy of all written pleadings and docket entries of the police court. The Municipal Court Judge shall notify the defendant or his attorney of such filing. Within ten days after notice is given that the transcript is filed, the appellant shall note the case for trial. The case shall be set for trial at the earliest open date thereafter and the clerk of the Superior Court shall, in writing, notify the respondent's counsel of the date thereof. Sub Section 28. Dismissal of Appeal If the appellant fails to proceed with the appeal within the time and manner provided in RCW 3.50.380, then the Superior Court shall, upon motion of the respondent dismiss the appeal if the transcript has been there filed. Upon dismissal of the appeal for failure of the appellant to proceed diligently with the appeal and as herein required, or for any other cause, the judgment of the lower court shall be enforced by the Municipal Judge. If, at the time of the dismissal, cash deposit or appeal bond as hereinafter required has been fur- nished and is in the custody of the Superior Court, the same shall be returned to the lower court after any deduction therefrom for costs allowed by law. Upon voluntary dismissal by the city or verdict of not guilty cash bail shall be returned to the party posting the same. The Municipal Court shall have power to forfeit the cash bail or appeal bond and issue execution thereon for breach of any condition under which it is furnished. Sub Section 29. Appeal Bond Disposition of Bail, Exhibits Pending Appeal The appellant shall be committed to the city jail until he shall recognize or give bond to the city in such reasonable sum with such sureties as the Municipal Court may require that he will diligently prosecute the appeal and that he will within ten days after he has received notice from said Municipal Court Judge or his clerk that the judgment in the lower court has been filed with the clerk of the Superior Court, to- gether with the transcript duly certified by the lower court judge containing a copy of all records and -8- proceedings in the lower court; that he will cause the case to be set for trial at the earliest open date; that he will appear at the court appealed to and comply with any sentence of the Superior Court and will, if the appeal is dismissed for any reason, comply with the sentence of the lower court. Whenever the transcript is filed in the Superior Court and any cash bail or bail bond has been filed with the lower court, the judge thereof shall trans- fer the same to the Superior Court, there to be held pending disposition of the appeal and shall also deliver to the court any exhibits introduced into evi- dence in the trial before the lower court, which ex- hibits, subject to the proper rulings of the appellant court, may be offered in evidence if the trial is had in the Superior Court; otherwise, to be returned to the custody of the lower court. Sub Section 30. Superior Court Trial de Novo Jury Trial Maximum Punishment Appeal to Supreme Court In the Superior Court the trial shall be de novo, subject to the right of the respondent to file an amended complaint therein. The defendant in the Superior Court may have a trial by jury. If the defendant be convicted in the Superior Court, he shall be sentenced anew by the Superior Court Judge with a fine of not to exceed $500.00 or imprisonment in the city jail not to exceed ninety days, or by both such fine and imprisonment. Appeals shall lie to the Supreme Court or the Court of Appeals of the State of Washington as in other criminal cases in the Superior Court. Sub Section 31. Superior Court Judgment Mailed to Municipal Court Upon conclusion of the case in the Superior Court, the clerk thereof shall forthwith mail a true and correct copy of the judgment to the Municipal Court appealed from. Sub Section 32. Complaint and Citation Form and Use Defects (a) In traffic cases the complaint and citation shall be substantially in the form known as the "Uniform Traffic Ticket and Complaint" sponsored by the American Bar Association Traffic Court Program. The Uniform Traffic Ticket and Complaint shall consist of at least four parts. Additional parts may be in- serted by law enforcement agencies for administrative use. Except when electronic data processing equipment is being used, the required parts, which must be the original, the first, the second, and the last carbon respectively, are: (1) The complaint, printed on white paper; -9- (2) The abstract of court record for the state licensing authority, which shall be a copy of the complaint, printed on yellow paper; (3) The traffic citation, printed on green paper; and (4) The police record, which shall be a copy of the complaint, printed on pink paper. In the case of law enforcement agencies utilizing electronic data processing equipment, or desiring to use such format, the required parts, which must be the original, the first, the second, and the last carbon respectively, are: (1) The abstract of court record for the state licensing authority, which shall be identical to the complaint and printed on yellow paper; (2) The traffic citation, printed on green paper; (3) The police record, which shall be identical to the complaint and printed on pink paper; and (4) The complaint, printed on a white card. (b) Each of the parts shall contain the following information or blanks in which such information shall be entered: (1) The name of the court and space for the court's docket, case or file number; (2) The name of the person cited, his address, date of birth, sex, operator's license number, his vehicle's make, year, type, license number and state in which licensed; (3) The offense of which he is charged, the date, the time and place at which the offense occurred, the date on which the citation was issued, and the name of the citing officer. Several offenses may be cited on one ticket; (4) In all cases where the person is not arrested, the time and place at which the person cited is to appear in court or the traffic violations bureau need not be to a time certain but may be within 72 hours or within a greater period of time not to exceed 15 days after the date of the citation; (5) A space for the person cited to sign a promise to appear; and (6) A space for the entry of bail in accordance with the established bail schedule. (c) Each of the parts may also contain such iden- tifying and additional information as may be necessary or appropriate for law enforcement agencies in the state. -10- (d) Complaint. (1) Complaint Officers. The complaint shall contain a form of certificate by the citing official to the effect that he certifies, under penalties of perjury, as provided by RCW 3.50.140, and any law amendatory thereof, he has reasonable grounds to believe, and does believe, the person cited committed the offense(s) contrary to law. The certificate need not be made before a magistrate or any other person. Such complaint when signed by the citing officer and filed with a court, or traffic violations bureau of competent jurisdiction, shall be deemed a lawful complaint for the purpose of prosecuting the traffic offenses charged therein. (2) Complaint by others. When a person other than a police officer wishes to make a traffic violation charge, he shall do so by filling out and signing a comp]a.nt as set forth in Sub Sections 1 and 2 of these Rules. SECTION 9. The Renton District Justice Court shall have concurrent jurisdiction with the Tukwila Municipal Court and all cases, proceedings and matters now pending in the Renton District Justice Court shall be disposed of therein in due course of law. After the effective date of this ordinance, the Chief of Police of the City of Tukwila and all other persons or bodies with author- ity to file actions on behalf of the City of Tukwila may file actions for violations of City of Tukwila ordinances in the Tukwila Municipal Court, and may likewise file all other actions brought to enforce or recover license or forfeitures declared or given by city ordinances or by state statutes. SECTION 10. The Mayor shall appoint judges pro tem, who shall act in the absence or disability of the regular judge of the Tukwila Municipal Court. The judges pro tem shall be qualified to hold the position of judge of the Municipal Court as provided herein. Compensation for judges pro tem shall be not less than $35.00 for each court session and shall be computed at the rate of $35.00 per hour for time actually spent in court sessions and in processing complaints and warrants, or in conducting any other duties required of them as judges pro tem. -11- t .e SECTION 11. Pursuant to RCW 35.24.450, the amount of the bonds for the Municipal Judge and judges pro tem is hereby set in the amount of $1,000.00. SECTION 12. Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 13. This ordinance shall be in full force and effect from and after its passage, approval and legal publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AND APPROVED BY THE MAYOR, This S4k day of SEp4 ern bE,c 1972. Mater Attest: C Clerr' Approved as to Form: 0 "1/ 7v-e V City Attorney Published: f/i,% /,,e cirrus y/G 9 3 -12- OFFICE MEMO 4 4ss CITY of TU KW! LA 1 :21 TO: FILE FOR ORDINANCE #726 FROM: City Clerk's Office 1908 DATE: 7/11/84 SUBJECT: REPEALER The following sections of Ordinance Number 726 are repealed by Ordinance #1324. Section 1 Section 8, Subsection 21 Section 2 Section 8, Subsection 22 Section 3 Section 8, Subsection 23 Section 4 Section 8, Subsection 26 Section 5 Section 8, Subsection 27 Section 7 Section 8, Subsection 28 Section 8, Subsection 17 Section 9 Section 8, Subsection 19 Section 10