Ordinance 25380013.16038
RPB:jt
11/1/85
Rev 11/14/85
ORDINANCE NO. 2538
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, ADDING A NEW CHAPTER 2.15 TO THE EDMONDS
MUNICIPAL CODE, ENTITLED MUNICIPAL COURT
SYSTEM; ESTABLISHING A MUNICIPAL COURT SYSTEM
PURSUANT TO THE COURT IMPROVEMENT ACT OF
1984; WHICH HAS EXCLUSIVE ORIGINAL JURIS-
DICTION OVER ALL VIOLATIONS OF CITY ORDI-
NANCES AND SUCH OTHER CASES AS MAY BE
PRESCRIBED BY STATE LAW; AUTHORIZING THE
APPOINTMENT AND REMOVAL OF A JUDGE AND JUDGES
PRO TEM; PROVIDING FOR THE COURT'S AUTHORITY
TO IMPOSE CERTAIN SENTENCES UPON INDIVIDUALS
FOUND GUILTY; PROVIDING FOR COURT PLEADINGS,
PRACTICE, PROCEDURE, A COURT SEAL, AND COURT
TRANSFERS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Washington State Legislature has enacted
The Court Improvement Act of 1984, RCW 3.50, effective
July 1, 1984, authorizing cities with a population of four
hundred thousand or less to establish a municipal court, and
WHEREAS, the Edmonds City Council finds that the
establishment of a municipal court is in the interests of the
public health, safety and welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Chapter 2.15 of the Edmonds City Code is
hereby repealed.
Section 2. There is hereby added to the Edmonds City
Code a new Chapter 2.15 entitled "Municipal Court System" to
read as follows:
2.15.010 Court Established.
tablished a municipal court
cipal Court of the City of
referred to as "municipal
shall have jurisdiction an(
powers enumerated herein anc
together with such other po,
There is hereby es -
entitled "The Muni -
Edmonds," hereinafter
court," which court
shall exercise all
in RCW Chapter 3.50
iers and jurisdiction
as are generally conferred upon such court in this
State either by common law or by express statute.
2.15.020 Jurisdiction. The municipal court shall
have exclusive original jurisdiction over traffic
infractions arising under City ordinances and
exclusive original criminal jurisdiction of all
violations of City ordinances duly adopted by the
City of Edmonds. The municipal court shall have
original jurisdiction of all other actions brought
to enforce or recover license penalties or for-
feitures declared or given by such ordinances or
by state statutes. The municipal court shall also
have the jurisdiction as conferred by statute.
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 infractions,
arising under such ordinances and to pronounce
judgment in accordance therewith.
2.15.030 Judaes - Appointment - Qualifications.
A. The municipal judge shall be appointed by the
Mayor within 30 days after the effective date of
Chapter 2.15, subject to confirmation by the City
Council, for a term of four (4) years. Appoint-
ments for each term thereafter shall be made on or
before December 1 of the year next preceding the
year in which the term commences. The first,
judicial appointment shall be January 1, 1986 and
each fourth year thereafter.
B. A person appointed as municipal judge shall be a
citizen of the United States of America and of the
State of Washington; and an attorney admitted to
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practice law before the courts of record of the
State of Washington.
2.15.040 Salaries and Costs. The salary of the
municipal court judge shall be fixed by ordinance.
All costs of operating the municipal court;
including but not limited to salaries of judges
and court employees, dockets, books of records,
forms, furnishings 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 expenses of maintaining it.
2.15.050 Municipal Court Employees. All em-
ployees of the municipal court shall, for all pur-
poses, be deemed employees of the City of Edmonds.
They shall be appointed by and serve at the pleas-
ure of the municipal judge.
2.15.060 Judges Pro Tem. The Mayor shall, in
writing, appoint 3udges 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 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 ordinance. The term of the
appointment shall be specified in writing but in
any event shall not extend beyond the term of the
appointing Mayor.
2.15.070 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.
2.15.080 Municipal Court Hours. The municipal
court shall be open and shall hold such regular
and special sessions as may be prescribed by the
municipal court judge: PROVIDED, that the munici-
pal court shall not be open on nonjudicial days.
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2.15.090 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, execution 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 judg-
ment is paid in full.
B. 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 whole amount any previous payment, and after
deducting the amount allowed for each day of im-
prisonment, which amount shall be the same and
computed in the same manner as provided for super-
ior 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.
2.15.120 Deferral and Suspension of Sentences.
Unless otherwise provided by state law, the court
shall have the following sentencing authority:
A. After a conviction, the court may defer sentencing
and place the defendant on probation 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
defendant 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 con-
tinuing jurisdiction and authority to suspend the
execution of all or any part of the sentence upon
stated terms, including installment payment of
fines.
C. Deferral of sentence and suspension of execution
of sentence may be revoked if the defendant
violates or fails to carry out any of the condi-
tions of the deferral or suspension. Upon the
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revocation of the deferral or suspension, the
court shall impose the sentence previously sus-
pended 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.
D. Any time before entering an order terminating pro-
bation, the court may revoke or modify its order
suspending the imposition or execution of the sen-
tence. If the ends of justice will be served and
when warranted by the reformation of the proba-
tioner, the court may terminate the period of pro-
bation and discharge the person so held.
2.15.140 Complaints. All criminal prosecutions
for the violation of a City ordinance shall be
conducted in the name of the City and may be upon
the complaint of any person.
2.15.160 Pleadings, Practice and Procedure.
Pleadings, practice and procedure in cases not
governed by statutes or rules specifically appli-
cable to municipal courts shall, insofar as appli-
cable, be governed by the statutes and rules now
existing or hereafter adopted governing pleadings,
practice and procedure applicable to district
courts.
2.15.180 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
tempore appointed in the manner prescribed by this
chapter shall be allowed in accordance with RCW
3.66.090 in all civil and criminal proceedings.
2.15.200 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 Edmonds, State of Washington," surround-
ing the vignette.
2.15.210 Removal of Judge. A municipal judge
shall be removed only upon conviction of miscon-
duct 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
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judge shall be filled by the Mayor, for the
remainder of the unexpired term. The appointment
shall be subject to confirmation by the City Coun-
cil. 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.
2.15.220 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 collected by the court. The fee
shall be apportioned among the requesting parties.
Each juror shall receive ten dollars ($10.00) for
each day in attendance upon the municipal court,
and in addition thereto shall receive mileage at
the rate determined under RCW 43.03.060.
2.15.240 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.
2.15.260 Revenue - Disposition.
(1) Costs in civil and criminal actions may be
imposed as provided in district court. All fees,
costs, except those costs awarded to prevailing
parties under RCW 4.84.010 and RCW 36.18.040 or
other similar statutes, fines, forfeitures and
other money imposed by any municipal court for the
violation of any municipal or town ordinances
shall be collected by the court clerk and,
together with any other revenues received by the
clerk, shall be deposited with the city or town
treasurer as a part of the general fund of the
city or town, or deposited in such other fund of
the city or town, or deposited in such other funds
as may be designated by the laws of the state of
Washington.
(2) The city treasurer shall remit monthly
thirty-two percent of the money received under
this section, other than for parking infractions,
to the state treasurer. Money remitted under this
subsection to the state treasurer shall be depo-
sited as provided in RCW 43.08.250.
(3) The balance of the money received under this
section shall be retained by the city and
deposited as provided by law.
Section 3. Savings. The enactments of this chapter
shall not affect any case, proceeding, appeal or other matter
currently pending in the South District Court, Snohomish
County, or in any way modify any right or liability, civil or
criminal, which may be in existence on the effective date of
this ordinance.
Section 4. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdic-
tion, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 5. Effective Date.
This ordinance shall be
in full force and effect on January 1, 1986 after passage and
publication of a summary attached as Exhibit A hereto as
provided by law.
APPROVED:
� rl"�J A dljzz�
MAYOR, LARRY A GHTEN
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ATTEST/AUTHENTICATED:
fTY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE
� OF THE CITY ATTORNEY:
BY W
FILED WITH THE CITY CLERK: November 5, 1985
PASSED BY THE CITY COUNCIL: November 19, 1985
PUBLISHED: November 24, 1985
EFFECTIVE DATE: January 1, 1986
ORDINANCE NO. 2538
M*.=
WSS: j t
11/14/85
SUMMARY OF ORDINANCE NO. 2538
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADDING A NEW CHAPTER 2.15 TO THE EDMONDS MUNICIPAL
CODE, ENTITLED MUNICIPAL COURT SYSTEM; ESTABLISH-
ING A MUNICIPAL COURT SYSTEM PURSUANT TO THE COURT
IMPROVEMENT ACT OF 1984; WHICH HAS EXCLUSIVE
ORIGINAL JURISDICTION OVER ALL VIOLATIONS OF CITY
ORDINANCES AND SUCH OTHER CASES AS MAY BE
PRESCRIBED BY STATE LAW; AUTHORIZING THE APPOINT-
MENT AND REMOVAL OF A JUDGE AND JUDGES PRO TEM;
PROVIDING FOR THE COURT'S AUTHORITY TO IMPOSE
CERTAIN SENTENCES UPON INDIVIDUALS FOUND GUILTY;
PROVIDING FOR COURT PLEADINGS, PRACTICE, PROCE-
DURE, A COURT SEAL, AND COURT TRANSFERS; AND
ESTABLISHING AN EFFECTIVE DATE.
On November 19, , 1985, the City Council of the City
of Edmonds passed Ordinance No. 2538 which provides as
follows:
Section 1. Repealing Chapter 2.15 of the Edmonds City
Code.
Section 2. Adopting a new Chapter 2.15 of the Edmonds
City Code, Municipal Court System, providing for:
A. §2.15.010
B. §2.15.020
C. §2.15.030
D. §2.15.040
E. §2.15.050
F. §2.15.060
G. §2.15.070
H. §2.15.080
I. §2.15.090
J. §2.15.120
K. §2.15.140
L. §2.15.160
M. §2.15.180
N. §2.15.200
O. §2.15.210
Establishment of the court;
The jurisdiction of the court;
The qualifications of and appointment
procedure for municipal judges;
Payment of the costs of the court and for the
payment of salaries;
Hiring and firing of the employees of the
court;
Appointment of Pro Tem Judges;
Filling of judicial vacancies;
Hours of the court;
Sentencing procedures and the payment of
fines;
Referral and suspension of sentencing;
Filing of complaints;
Rules of pleading, practice and procedure;
Transfer of cases;
Court seal;
Removal of judges;
P. §2.15.220 Civil jury trial rules and procedures;
Q. §2.15.240 Service of criminal process;
R. §2.15.260 The revenue of the court and the disposition
thereof.
Section 3. A savings clause relating to any pending
matter.
Section 4. Provides for the severability of the
ordinance.
Section 5. Establishes an effective date for the
ordinance of January 1, 1986.
The full text of this ordinance will be mailed
without charge to anyone who submits a written
request to the City Clerk of the City of Edmonds
for a copy of the text..
APPROVED BY THE CITY COUNCIL: November 19, 1985
C/ TY ERK, JACQUELINE PARRETT
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHONiISH,
SUMMARY OF ORDINANCE NO. 2538
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, ADDING A NEW CHAPTER 2.15 TO THE
EDMONDS MUNICIPAL CODE, ENTITLED MUNICI-
PAL COURT SYSTEM; ESTABLISHING A MUNICIPAL
.COURT SYSTEM PURSUANT _TO- THE COURT IM-
PROVEMENT ACT OF 1984; WHICH HAS EXCLUSIVE
ORIGINAL JURISDICTION OVER ALL VIOLATIONS
OF CITY ORDINANCES AND SUCH OTHER CAS ES_AS
MAY BE PRESCRIBED BY STATE LAW; AUTHORIZ-
ING THE APPOINTMENT AND REMOVAL OF _ A
JUDGE AND JUDGES PRO TEM; PROVIDING FOR
THE.000RT'S AUTHORITY TO IMPOSE CERTAIN
SENTENCES UPON INDIVIDUALS. FOUND GUILTY;
PROVIDING FOR COURT PLEADINGS, PRACTICE,
PROCEDURE, A COURT SEAL, AND COURT TRANS.
FERS; AND ESTABLISHING AN EFFECTIVE DATE...
On November 19, 1985, the City Council.ot,the, City of
Edmonds -passed Ordinance No. 2538. Which provides as
follows: - - - .
Section 1. Repealing Chaoter 2.15 of the'EtlrYionds. City
Code.
Section 2. Adopting a new Chanter 2.15,ot'.the.Edmonds
City Codg;.;Municipal Court System, providing for:.
A. `.SSIAS.010 Establishment of the Court;
B. SS2.15.020The jurisdiction of the court;
C. SS2.15:030 The' qualifications of and appoihfinent oroce-
dure for municipal judges;
D. SS2.15,040 Payment of the costs of the court and for
the payment of salaries; E. SS2.15.050 Hiring and firing of the emplovees of the
court;
F. SS2.15.060 Appointment of Pro Tern Judges;
G. SS2.15.020 Filling of judicial vacancies;
H: SS2,15.080 Hours of the court; "
I. SS2.15.090-Seniencing procedures and fh'e payment of
fines;
J. SS2.1S.120 Referral and susoension of sentencing;
K. SS2.15.140.-Filing of comolohnis .
L. SS2A5.160 Rules of pleading, practice and procedure;
M. S52.15.180 Transfer of cases; - -
N. SS2.15.200 Court seat
O. SS2.15.210 Removal of judges;.
P. SS2.15.220 Civil jury trial rules and Procedures
Q. SS2.15.240 Service of criminal. process;
R. SS2.15.260 The revenue of the court and-ihe disooAioii.
thereof.- -
Section 3. A savings clause relating to any -'pending mat -
let.
Section 4. Provides for the sever6bility of the ordinance.
Section 5. Establishes an effective'daie.fdr-the ordinance
of January 1. 1986. - The full text of this ordinance will be mailed Without
charge to anyone who submits a written request to the
City Clerk of the City of Edmonds fora copy of the text.
APPROVED BY THE -CITY COUNCIL: -
November 19, 1985.
JACQUELINE G. PARRETT
City Clerk
Published: November 24, 1985.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ---------- ----_.-------....__------.-
..-.............'...-------..-.......----------......'.............. -------........-.-'.'..'-- --' ---..."..'--------------
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
............ • ................. . . .. . ...-------------------
--- --- ----------------------------------------------------...._.............-•----------
and that said newspaper was regularly distributed to its subscribers
during all of said period.
....................... ... .
Principal Clerk
Subscribed and sworn to before me this ..............
dayof .................. •-------=�r?'.............. 19.........
-
Nota YPubl� in and for the State of Washington,
resi i nd at Everett, Snohomish County.
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