ORD 84-16 ESTABLISHING A MUNICIPAL COURT SYSTEMRPB: j rv
06/08/84
ORDINANCE NO. 84-16
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, ESTABLISHING A MUNICIPAL COURT SYSTEM
PURSUANT TO THE COURT IMPROVEMENT ACT OF
1984, CHAPTER 258, LAWS OF 1984.
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, now,
therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section__l. Ordinance No. ~Tg--e4~is hereby repealed.
Section 2. Court Established. There is hereby es-
tablished a municipal court entitled "The Municipal Court of
the City of Winslow", hereinafter referred to as "municipal
court", which court shall have jurisdiction and shall exer-
cise 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. Jur~9~. 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 Winslow. The municipal court shall
have original 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 muni-
cipal court is empowered to forfeit cash bail or bail bonds
and issue execution thereon; and in general to hear and de-
termine all causes, civil or criminal, including traffic
infractions, arising under such ordinances and to pronounce
judgment in accordance therewith.
Section 4. J__u~_.~..~.p~Dointment - Qualifications.
A. The municipal judge holding office on July 1, 1984,
the effective date of this ordinance, 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 thereafter, 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 attorney admitted to
practice law before the courts of record of the State
of Washington.
Section 5. 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.
Section 6. Munici~_~~.~j~l~gX~. All employees
of the municipal court shall, for all purposes, be deemed
employees of the City of Winslow. They shall be appointed by
and serve at the pleasure of the municipal judge.
Section 7. Judo~._Pro Tem. The Mayor shall, in writ-
ing, 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
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
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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,
Sec~..~, 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 unexpired 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,
S. ect_~.o...n._.9', M_u...n.'.l..c__ij~__l__..C_.o__u__r_t._.H~_o_u_~_s., 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 municipal court shall not be open on non-
judicial days,
Section 10, Sentences,
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
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 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,
Every person convicted by the municipal court of
a violation of the criminal provisions of an
ordinance for which no punishment is specifi-
cally prescribed in the ordinance shall be pun-
ished by a fine of not more than five thousand
dollars ($5,000,00) or imprisonment in the City
jail for a period not to exceed one (1) year, or
both such fine and imprisonment,
Section 11, Deferral and Suspension of Sentences,
A, After a conviction, the court may defer sen-
tencing and place the defendant on probation and
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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.
For a period not to exceed two (2) years after
imposition of sentence, the court shall have
continuing jurisdiction and authority to suspend
the execution of all or any part of the sentence
upon stated terms, including installment payment
of fines.
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
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.
Any time before entering an order terminating
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. ~__o~..1.a~_9.~. 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.
Sect i on 13.
Pleadings, practice and procedure in cases not governed by
statutes or rules specifically applicable to municipal courts
shall, insofar as applicable, be governed by the statutes and
rules now existing or hereafter adopted governing pleadings,
practice and procedure applicable to district courts.
Section 14. Case T_ransfers. A transfer of a case
from the municipal court to either another municipal judge of
the same City or to a judge pro tempore appointed in the
manner prescribed by this chapter shall be allowed in accor-
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dance with RCW 3.66.090 in all civil and criminal proceed-
ings.
Section 15. 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 Winslow, State
of Washington," surrounding the vignette.
Section 16. R_e_~_y~.~.~...J.u..~.~.. A municipal judge
shall be removed only upon conviction of misconduct or mal-
feasance in office, or because of physical or mental disabil-
ity 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 unexpired
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. 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 impan-
eled 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 re-
ceive mileage at the rate determined under RCW 43.03.060.
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Section 18. 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. ~avings. The enactments of this chapter
shall not affect any case, proceeding, appeal or other matter
pending in the Winslow Municipal Court or in any way modify
any right or liability, civil or criminal, which may be in
existence on the effective date of this ordinance and RCW
3.50 as amended by Chapter 258, Laws of 1984.
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 shall be in full force
and effect on July 1, 1984 after passage and publication by
posting as provided by law.
APPROVED:
MAYOR, ALICE B.'~AW~SEY
ATTEST/AUTHENTICATED:
LE
CITY C ~K, DONNA JEAN BUXTON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: June 11, 1984
PASSED BY THE CITY COUNCIL: June 21, 1984
POSTED: June 26, 1984
EFFECTIVE DATE: July 1, 1984
ORDINANCE NO. ~16
Mayor Signed: June 25, 1984
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