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HomeMy WebLinkAboutO-1420 - Repeals and replaces Ch. 2.24, municipal court and municipal court judge (2.24).... CITY OF MARYSVILLE Marysville,Washington Ordinance No.l#2.D AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING A NEW CHAPTER 2.24 OF THE MARYSVILLE MUNICIPAL CODE ESTABLISHING A MUNICIPAL COURT AND PROVIDING FOR A MUNICIPAL COURT JUDGE;AND REPEALING FORMER CHAPTER 2.24 AND ALL SECTIONS THEREOF. THE CITY COUNCIL of the City of Marsyville,Washington,DO ORDAIN as follows: Chapter 2.24 of the Marysville Municipal Code ("Police Court and Police JUdge")and all sections thereof are hereby REPEALED, and a new chapter is hereby enacted entitled "Municipal Court and Municipal Court JUdge"which shall provide as follows: Section 2.24.010 Municipal Court.There is established the Municipal Court of the City of Marysville.The Court shall have such jurisdiction and shall exercise all powers vested in it pursuant to RCW Chapter 3.50,together with such other powers and jurisdiction as are generally conferred by the State of Washington by either common law or by express statute upon such Courts. Section 2.24.020 Jurisdiction.The Municipal Court shall have exclusive original jurisdiction over traffic infractions arising under City ordinances,and shall have exclusive original criminal jurisdiction of all violations of City ordinances,and 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 Municipal Court is empowered to forfeit cash bailor 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. Section 2.24.030 Municipal JUdg~_==_Qua~ifiQA~iQn~_== Appointment And Term. A Municipal Judge shall be appointed by the Mayor as a part-time City employee.The 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.The Municipal Judge may also serve as a Judge at a District Court in Snohomish County. The term of office of the first Municipal Judge shall expire on January 1,1986.The term of office thereafter shall be four 1 •11.. # ~...... years,commencing on January 1 of each fourth year after 1986. Appointments shall be made on or before December 1 of the year next preceeding the year in which the term commences. Section 2.24.040 Salary Of JUdge:Operating Costs Of Court; Court Employees.The provisions of RCW 3.50.080 are hereby adopted and incorporated by reference. Section 2.24.050 JUdge Pro Tem. The provisions of RCW 3.50.090 are hereby adopted and incorporated by reference. Section 2.24.060 Municipal Judge --Vacancy --Aooointment. The provisions of RCW 3.50.093 are hereby adopted and incorporated by reference. Section 2.24.070 Municipal JUdge --Removal From Office. The provisions of RCW 3.50.095 are hereby adopted and incorporated by reference. Section 2.24.080 Judge's Oath --Bond.The provisions of RCW 3.50.097 are hereby adopted and incorporated by reference. The Municipal Judge shall file with the City an official bond,to be renewed annually,in the amount of $10,000.00,conditioned upon the honest and faithful performance of the official duties of said office. Section 2.24.090 Court Costs --Disposition Of Revenue. (a)The provisions of RCW 3.50.100 are hereby adopted and incorporated by reference. (b)The following court costs shall apply to all cases arising from violations of City ordinances which are tried before the Municipal Court: 1.Filing fee for criminal complaints $25.00 2.Filing fee for traffic infractions .••..•..10.00 3.Witness fees and juror fees ..............••10.00 (plus mileage at 20.5c per mile each way) 4.Supplemental penalty for failure to pay penalty previouslyassessed .•......25.00 2 •.~.,...... 5.Warrant fee .......••••..•..20.00 (plus 20~5¢·per mile travel by police officers in executing the warrant) Section 2.24.100 Court Sessions.Regular court sessions for Municipal Court shall be on every Wednesday evening commencing at 7:00 p.m.Special sessions may be called by the Municipal Judge as the need arises.Municipal Court shall not be open on City holidays. Section 2.24.110 Change Of Venue.No change of venue from the Municipal Court shall be allowed in actions brought for violations of City ordinances. Section 2.24.120 Jury Trials;Fees And Compensation.The provisions of RCW 3.50.135 are hereby adopted and incorporated by reference. Section 2.24.130 Execution Of Sentence --Jail In Lieu Of Fine And Costs.The provisions of RCW 3.50.300 are hereby adopted and incorporated by reference. Section 2.24.140 Deferral Of Sentence --Change Of Plea. Dismissal.The provisions of RCW 3.50.320 are hereby adopted and incorporated by reference. Section 2.24.150 The Continuing Jurisdiction Qf Court After Sentence.The provisions of RCW 3.50.330 are hereby adopted and incorporated by reference. Section 2.2!~QQ__R~QQatiQn_Of-D~f~~~~d_O~Su~Q~nQ~Q Sentence ==_k1mitat1Qn~_==_T~~minaiiQn_Qf_frobatiQn.The provisions of RCW 3.50.340 are hereby adopted and incorporated by reference. S~tiQn_2~~!~120__I~~yanQ~_Of_Crimin~~_P~QQ~~~.The provisions of RCW 3.50.425 are hereby adopted and incorporated by reference. Section 2.24.180 Criminal Prosecution In City's Name For ~~olation Of Ordinances.The provisions of RCW 3.50.430 are hereby adopted and incorporated by reference. Section 2.24.190 Penalty If No Other Punishment Prescribed. The provisions of Rew 3.50.440 are hereby adopted and incorporated by reference. Section 2.24.200 Pleadings.Practice And Procedure.The provisions of RCW 3.50.450 are hereby adopted and incorporated by 3 ~~.~. ~-".:,.....~... reference. PASSED b~the City County and APPROVED by the Mayor this '2.Z"9 day of JOt.,,,,,,,",,1985. ATTEST: APPROVED AS TO FORM: ALLENDOERFER &KEITHLY,INC.,P.S. By...J--A--M....ES~H~.~A--L--L ....E....ND~O~E~R~F~E~R----- City Attorney 4 CITY OF MARYSVILLE MarYSville,Washington ORDINANCE NO.1420 ~~"AO:~IENRAN~~20~THE CITY OF MARYSVILLE 'ENACTING A NEW ESTABLISHING A ~~NI~1~A~Alo~i~I;~5 :RUONVIICD~~~LF~~D: ~~~I~t~A~Eg~~~~S J~~~:iO:~D REPEALING FORMER CHAPTER 2.24 Section 2.2li 030 Mun'icip.il.J..J.U -.Q ApPoIntment Andlerro.A Municipal -J d .&~-h'=:'='ll Ya11f1~.a11QnL.=.=. Hayor as a ' u ge ::I a be appointed by the=~~iC i~a~hJUdi:r;h-a\ilmebeC;t~i :~:elnO~~e the T8~itee;~~~t:~P~i nf.u:dr i~: prac~lce ~a:w t~;:o~~·t"haShington-;and -en attor_ney admitted to Wa 'e courts of record of the State ofDhst/i~~t~no·'t T~e sMunhic~pal JUdge may also serve as a JlJdge at ai"ur an no omt eh County. The term of office of the first Municipal JUdge sha j j expire January 1,1906.The_term of office thereafter ~hall be four years,commencing 00 January 1 of each fourt_h _year after 198'6. Appointments shall be made on or before December 1 of the year next pr-eceed Ing the year in which the term cceeencee . SectioD 2 24 ago Salary Of JUdge·Ooerating Costs Of Court· ~~.Theprovis,ioiis of RCW 3:50.080 are hereby adopted .e nd incorporated by reference.. Section 2.24 osa·'JUdge PrQ Tu..The provisions of RCW 3· 50. 090 are hereby adopted and incorporated by reference. Section 2.24 060 Municipal JUdge --Vacancy __AppQintment. The provisions of RCW 3.50.093 are hereby adopted and incorporated by reference. Section 2 2W10 Municipal JUdge __Remoyal From Office. The provisions of Rell 3.50.09?are 'hereby adopted and incorporated by reference. SectioD 2 211.080 JUdge-'S Oath --Bond.The provisions or RCW 3.50.097 are hereby adopted and incorporated by reference. The Municipal Judge shall file with the City an official bond,to be renewed annually,in the amount of $lO,OOO.OO,conditioned upon the honest and f'a Lthf'u I performance of the official duties of said office. Section 2 211,090'Court CQsts n Disposition Of Reyenue. (a)The prov is i.ons or RCW 3.50.100 are hereby adopted and incorporated by reference.. (b)The follOWing court costs shall apply to all cases arising fromviolat1ons of City ordinances which are tried before the Municipal Court: 1.filing fee for criminal complaints .•.•'.•.$25.00 2.Fil ing fee for traffic infractions •.••.•..10.00 3.Witness fees and juror fees •••..•.....••.•.10.00 (plus mileage at 20.5c per mile each way) ~.Suppl.eme"htal penal ty for fail ure to pay penalty pr-e v i cus i y e sse ssed ..••.••.25.00 5.Warrant fee 20.00 (plus 20.50 pfU' mile travel oy police officers in auou.t1ng t.ha warrant) Section 2 24 100 court Sessions,Regular court sessions for Municipal Court shall be on every.Wedne5day eve n t ng commencing ilt 7:00 p.lD.Special sessions may be called by the I",unicipal Judge as the need arises.Municipal Court shall not be open on City holidays; Section 2.2~110 Change Of Venue,No change of venue frolD the Municipal Court shall be a Ll cved "Ln actions brought for violations ot City or-d rnanc es . Section 2 21l 12Q Jury Trials·Fees And Compensation.The provisions of Rew 3.50.135 are hereby adopted and incorporated by reference. Section 2 24.130 Execution Qf Sentence __Jail I~ fine And Costs.The provisions of HCW 3.$0.300 are hereby adopted and incorporated by reference. Section 2.21l 1110 Deferral Of Sentence --Change Q~ ut sni s s a L.The provisions of RC,,'3.50.320 are her-eby adopted and incorporated by reference. Section 2.?~.15Q The CQntinuing Jurisdiction Of Cou.c,LAilu ~~.The provisionsQ[RCW 3.50,330 are he r-eby adopted and incorporated by reference. §'~iQ.D......l.:.1.~....l§JL__!i~Y.2s.aliQ.n_.Qr._J2~r£r.c,!aLQr._~!!~Q.~Il.d.~.s1. ~~~£~_.=..=._L.iml1i!11.2n.1_=..=._I.trmlni.U.Q.n_Qf_.E.Lo.~i!t.1Q.n.'The provisions of Rew 3.50.3110 are hereby adopted and incorporated by reference. ~g£.li.2D._Z.....£.!!.....11Q __I~'§l!.aJli:.~_Q.r._£ri.mi.D..e.l __f.r..2~~~§'.The provisions of RCW 3.50.425 are hereby adopted and incorporated by reference • .Section 2 2!l 1§.Q.~£u.m1ntl_f..r..o.ll~Qll._I.[LQll~Ltl"..nl.l:__r.21: Yi.QL!.liQ[L.QLQ..cllD..i.D.Qtl.The pr-cvr s t cn s of Hew 3.50.1130 are her-eby"adopted arid incorporat.ed -by''reference. Section 2 211 19Q Penalty If No Other Punishment f..ll§.~r.iQR.Q.. The provisions of RCW 3.50.11110 are hereby adopted and incorporated by reference. SectioQ 2 21l...l.Q.Q._...f.il.liU.o.&§,~!.1l~_A.n.Lf!:.Q£f..d.YC~.The provisions of Relll 3.50,450 are hereby adopted and i ncor-por-atec by reference. PASSED by the City Council and APPROVED by 'he Mayor this 22rld day of April,t985 (ITY OF MARYSVILLE By a/Norman Anderson,Mayor ATTEST:By s/PniHip E. Oe cter ,City Clerk APPROVED AS TO FORM By s/James H.Auenooerter.City Atty. Punlisrcd:A ril 24,1985 ,. AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss. ______________I.!j.n.g~tAE}.n.~t~~__,being first duly swom on oath deposes and says that he is the __~_f!gr~tl:l.~y _ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County, Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a _________p~~J.~~!?-_~~_.!t!!t~Q as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _qr}.!3 con- secutive weeks,commencing on the --24.ttt day of il'::lrJ.l __, 19f3..~L,and ending on the _.24tlL day of ll.p..r-.iJ..._,19J~5_, both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the su~11 $_~JJi ..95 ,which amount has been paid in full c:X-t----~--~~------------ Subscribed and sworn to before me this !~~.._ day of ~~~~.;:~;.~-~:-~;;;?~.- Residing at Marysville. TO:Gerry Becker,City Clerk ()\.~ FROM:Suzi Larsen,Court Adminis~L.J DATE:July 29,2002 {B)I IE «:lEn WI IE Iffi 11m ~12 9 W!'!\~lJ I MARYSVILLE CITY CLERK Larry M.Trivett Judge INCOJlPORATED 18111 RE:Local Court Rules Municipal Court ... Suzanne Larsen Court Administrator Attached please find a copyof the local court rules for the Marysville Municipal Court.These rules have been forwarded to the State Supreme Court for filing andwill bein effecton september 1,2002.This copy isfor your records. r ---------- - !tJ~4Ct I ./ !"/L-t.£AL. -- ------ ------ -- ----1 (J--I--2-! I ! 1635 Grove St. • Marysville,Washington.98270 • (360)651-5035.FAX(360) 651-5054 MARYSVILLE MUNICIPAL COURT LOCAL CRIMINAL RULES 1.1 Adoption and Title:These local court rules are adopted pursuant to GR 7,and CrRLJ 1.7.These rules shall be known as the Marysville Municipal Court Local Criminal Rules,and may be cited as "MMCLCR." (Effective Date:September 1,2002) 1.2 Arraignment -Defendant's Presence Required:A lawyer may not enter a written plea of not guilty on behalf of a defendant if the charging document states that one or more of the charges involve domestic violence, harassment,violation of an anti-harassment or protection order,stalking,driving while under the influence,being in physical control of a vehicle while under the influence,or driving while under the age of 21 after having consumed alcohol.For such charges,the defendant must appear in person for arraignment,and the court shall determine the necessity of imposing conditions of pre-trial release. Where legislation mandates the defendant's appearance on the next judicial day following arrest,the term "next judicial day"shall be the next regularly scheduled court session. (Effective Date:September 1,2002) 1.3 Pre-Trial Hearings and Confir.mation of JUry Trials: (a)Pre-Trial and Trial Dates:All cases set for trial shall be assigned both a pre-trial hearing date and a trial date.The defendant,and the defendant's attorney if the defendant is represented,shall appear at the pre-trial hearing.The court will inquire whether the case is expected to go to trial,the number of witnesses to be called by each side and the anticipated length of trial,and if all motions, discovery and plea negotiations have been concluded. Any case confirmed for trial at the pre-trial hearing shall remain set for the assigned trial date.A defendant's failure to personally appear at the pre- trial hearing,as required herein,shall constitute a waiver of the defendant's speedy trial rights,and may resul t in a bench warrant for the defendant's arrest and forfeiture of any bailor bond. (b)Confirmation of Jury Trial Required:Not later than 2 days prior to the date of the assigned jury trial,the defendant,if not represented by an attorney,or the defendant's attorney if represented by legal counsel,and the City Prosecutor shall contact the Court Clerk between 9:00 AM and 3:00 PM, and confirm that the case is going to proceed to jury trial or that another disposition has been reached. (c)Failure To Confir.m:Failure of a party to confirm the jury trial or to advise the Court Clerk that another disposition has been reached may cause the case to be stricken from the jury trial calendar. Failure of the defendant,if appearing pro se,or the defendant's attorney if represented by counsel,to confirm the jury trial or to advise the court clerk that another disposition has been reached shall constitute a waiver of the defendant's speedy trial rights.Failure of the defendant to appear on the jury trial date may result in the issuance of a bench warrant for the defendant's arrest and forfeiture of any posted bail,unless it is confirmed by the City Prosecutor and defendant that a disposition is to be proposed to the court.Dispositions will be heard on the jury trial date,or on another date as the court may direct. (d)Costs and Sanctions:Any case confirmed for jury under this rule,and not proceeding to jury trial shall be subject to such sanctions,including but not limited to jury costs,witness fees and terms,as deemed appropriate by the court. (Effective Date:September 1,2002) 1.4 Deferred Prosecution: (a)Petition for Deferred Prosecution:A petition for deferred prosecution shall,in all respects,comply with the requirements of RCW Chapter 10.05.The petition shall be filed with the court no later than seven (7)days prior to pre-trial hearing unless good cause exists for a delay in filing.The petition and the accompanying declarations shall be in a form acceptable to the court.A complete copy of the police reports of the defendant's conduct giving rise to the charge shall be attached to the petition. (b)Order For Deferred Prosecution:A deferred prosecution order shall provide for court supervision of the defendant,for the maximum term permitted by statute,satisfactory completion of a appropriate treatment plan,payment of all assessed costs,total abstinence from consumption of alcohol,and/or non- prescription drugs,and no criminal offenses.If the petition is based upon a charge of driving under the influence,the order shall include a requirement that the defendant attend a victims impact panel,receive no traffic offenses,a requirement that all vehicles driven by the defendant be equipped with an ignition interlock device,and that defendant shall not drive without a valid license and insurance. (Effective Date:September I,2002) MARYSVILLE MUNICIPAL COURT LOCAL INFRACTION RULES 1.1 Adoption:These Local Traffic Rules are adopted pursuant to IRLJ 1.3.These rules shall be known as the Marysville Municipal Court Local Infraction Rules "MMCLIR". (Effective Date:September I,2002) 1.2 Representation By Lawyer:At a contested hearing where an attorney has appeared for the defendant or witnesses have been subpoenaed,a lawyer representative of the City Prosecutor's office shall personally appear at the time of hearing.A defendant issued a Notice of Infraction and represented by an attorney must provide a written Notice of Appearance to the City Prosecutor for the municipality issuing the Notice,together with filing a copy of the Notice of Appearance with the Court Clerk.The Notice of Appearance shall be filed not later than 10 days following the date defendant's request for a contested hearing has been filed with the Court Clerk.Upon receipt of a Notice of Appearance,the Court Clerk shall set,or reset the contested hearing to an appropriate calendar.The failure to timely file a notice of appearance may result in the contested hearing being continued beyond the 120 days from the date the Notice of Infraction was issued. (Effective Date:September I,2002) 1.3 Contested Hearings-Preliminary Proceedings (a)Speed Measuring Device Expert:As provided in RCW 46.63.151,any person who requests production of an electronic speed measuring device expert,and who is thereafter found by the Court to have committed the infraction,shall be required to pay the fee charged by the expert as a cost incurred by that party.A request for the presence of a SMD Expert must be submitted,in writing,to the City Prosecutor of the municipality issuing the Notice of Infraction not less than 30-days prior to the scheduled date of the contested hearing.A untimely request for the presence of a SMD Device Expert may be treated by the Court as a request for a continuance to the next date on which the City Prosecutor has scheduled the appearance of the SMD Expert. (b)Costs and Fees For Other Witnesses:Each party is responsible for cost incurred by that party,including witness fees as set forth in RCW 46.63.151.In cases where a party requests a witness to be subpoenaed,the party requesting the witness shall pay the witness fees and mileage expenses due the witness. (Effective Date:September 1,2002) 1.4 Liability Insurance:If a defendant is cited,with driving a motor vehicle without having proof of valid insurance pursuant to RCW 46.30.020,and the defendant presents satisfactory evidence that they have subsequently obtained valid liability insurance to the Court Clerk,within 15 days of the date of the Notice of Infraction,for the vehicle the defendant was operating on the day he or she was cited,then the bail for the offense shall be reduced to $255.00.If the defendant presents satisfactory evidence that they were in compliance with the requirements of RCW 46.30.020(1)at the time the Notice of Infraction was issued,which evidence must be presented within 15 days from the date of the notice,the infraction shall be dismissed,and a administrative cost of $25.00 shall be assessed and paid by the defendant. (Effective Date:September 1,2002) 1.5 Decisions On Written Statements: (a)Written Submissions:Traffic infractions may be heard by the Court on the basis of written documents submitted by the City and a defendant,as provided in IRLJ 2.4 (b)(4)and IRLJ 2.6.A written submission must be received by the Court no later than 7 days prior to the scheduled date of the contested or mitigation hearing,or the submission will not be considered. (b)Generally:The Court shall examine the citing officer's report and any written documents submitted by the defendant.The examination shall take place within 120 days after the defendant filed the response to the notice of infraction.The examination may be held in chambers and shall not be governed by the Rules of Evidence. (c)Factual Deter.mination:For purposes of a contested infraction hearing,the Court shall determine whether the City has established,by a preponderance of all submitted evidence,that the defendant committed the infraction. (d)Disposition:If the Court determines that the infraction has been committed,it may assess a penalty amount,and any appropriate and permitted costs to be paid by the defendant. (e)Notice parties in have been imposed. to Parties:The Court shall notify the writing,whether an infraction was found to committed and what penalty,if any,was (f)No Appeal Per.mitted:There shall be no appeal from a Court determination based upon written statements. (Effective Date:September 1,2002)