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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 Chapter 2.15 of the Edmonds City Code is hereby repealed.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 - 2 - 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. - 3 - 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 - 4 - 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 - 5 - 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 - 7 - 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. t B-2-1