Chapter 2.110
MUNICIPAL COURT

Sections:

2.110.010    Municipal court established – Jurisdiction.

2.110.020    Presiding officer.

2.110.030    Proceedings of court.

2.110.040    Jury system.

2.110.050    Justice of the peace as town magistrate.

2.110.060    Fee schedule.

2.110.010 Municipal court established – Jurisdiction.

There is hereby established in the town a municipal court which shall have jurisdiction of all violations of this code, other town ordinances, and jurisdiction concurrently with justices of the peace of precincts in which the town is located of violations of laws of the state committed within the limits of the town. [Ord. 2006-06 § 11; prior code Art. 5-1. Formerly 2.125.010.]

2.110.020 Presiding officer.*

A. Town Magistrate. There shall be appointed by the council a town magistrate and such assistant town magistrates as are necessary for the performance of the office. The town magistrate shall be appointed from time to time by the town council, for a definite term of not less than two years. During said term, the town magistrate or any assistant town magistrate may be removed only for cause. The provisions of this section shall not apply to special magistrates or acting magistrates appointed by the council for the purposes of hearing a particular case or as a substitute for the town magistrate in the town magistrate’s absence.

B. Powers and Duties of Town Magistrate.

1. The powers and duties of the magistrate shall include:

a. The powers and duties set forth and conferred upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town.

b. The keeping of a docket in which shall be entered each action and the proceedings of the court therein.

c. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other moneys as provided by law.

d. Payment of all fees, fines, penalties and other moneys collected by the court to the town treasurer.

e. Submitting a monthly report to the council summarizing court activities for that month.

f. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation.

g. Designation of a deputy other than a law enforcement officer and a specific location at which the deputy shall, during hours when court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court.

h. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. The magistrate shall designate a person, a specific location and the hours during which such person will be at the location to accept proper deposits for civil traffic violations for and on behalf of the court.

C. Hearing Officers. The council may appoint one or more hearing officers to preside over civil traffic violation cases when, in their opinion, the appointment of such hearing officers is necessary to assure prompt disposition of civil traffic violation cases. Hearing officers may hear and dispose of civil traffic violation cases under supervision of the presiding officer of the municipal court which are appealable to the superior court pursuant to ARS Title 22, Chapter 2, Article 4. [Ord. 2006-06 § 11; prior code Art. 5-2. Formerly 2.125.020.]

*    Code reviser’s note: Ordinance 2004-18 amended STC 2.55.010(A). The amendment has been included in STC 2.110.020(A) to maintain consistency.

2.110.030 Proceedings of court.

A. Rules of Court. The proceedings of the court shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to municipal courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith.

B. Complaint. The municipal court proceedings shall be commenced by complaint under oath and in the name of the state setting forth the offense charged with and such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint. [Ord. 2006-06 § 11; prior code Art. 5-3. Formerly 2.125.030.]

2.110.040 Jury system.

A. Formation of Jury. The formation, summoning, drawing, disposition of names and the impaneling of jurors in the municipal court shall be accomplished in the same manner as provided for in courts of record as more fully set forth in ARS Title 21, Chapter 3.

B. Selection of Jurors. For the selection of potential jurors, the list of registered voters shall be furnished as provided in ARS 21-301. [Ord. 2006-06 §§ 10, 11; prior code Art. 5-4. Formerly 2.125.040.]

2.110.050 Justice of the peace as town magistrate.

The council may, pursuant to ARS 22-402 and 22-403, enter into an intergovernmental agreement with Pima County to provide municipal court services and to appoint the Justice of the Peace in whose jurisdiction the town is located as the town magistrate. [Ord. 2006-06 § 11; prior code Art. 5-5. Formerly 2.125.050.]

2.110.060 Fee schedule.

A. Court Fees. The following fees are established to allow the municipal court to impose and collect new court fees and allocate charges to the parties who cause the charges to be incurred. These fees shall be imposed in addition to fees otherwise assessable by statute.

1. The fee for the taking of a default judgment shall be as set forth in Chapter 3.10 STC.

2. The fee for all returned checks shall be as set forth in Chapter 3.10 STC.

3. Any person who has been convicted of a criminal offense or found in contempt of court in the Sahuarita municipal court and sentenced to a term of incarceration in any detention facility authorized by law shall be required to pay a jail reimbursement fee in the amount actually paid by the town for such incarceration.

4. Upon a defendant’s conviction at trial or conviction by plea agreement, the Sahuarita municipal court shall impose a one-time per citation prosecution fee against each defendant in an amount set forth below:

a. The prosecution fee for a misdemeanor citation shall be as set forth in Chapter 3.10 STC;

b. A prosecution fee as set forth in Chapter 3.10 STC shall be charged to defendants entering into the deferred prosecution program of, or similar to, diversion;

c. The prosecution fee for a violation of ARS Title 28, Chapter 4, shall be as set forth in Chapter 3.10 STC; and

d. A prosecution fee of a higher or lower amount may be imposed as set forth in a written plea agreement and based upon the actual cost of prosecution services and the indigent status of the defendant.

5. An administrative warrant fee in the amount set forth in Chapter 3.10 STC shall be imposed to cover the Sahuarita municipal court’s costs for processing such warrants when the town magistrate issues a warrant for failure to comply with a court order, for failure to pay a fine, fee or restitution, or for failure to appear.

6. A jury cancellation fee shall be imposed on any party or that party’s attorney who requests a jury trial within the Sahuarita municipal court, if, after the court has arranged for the paneling of a jury, the party or that party’s attorney decides to not proceed with the jury trial. The amount of the jury cancellation fee shall be as set forth in Chapter 3.10 STC.

7. An administrative order to show cause fee as set forth in Chapter 3.10 STC shall be imposed to cover the Sahuarita municipal court’s costs for processing an issued order to show cause for failure to appear, for failure to pay a fine, fee or restitution or for failure to obey a court order. For purposes of this subsection, a “court order” includes but is not limited to any condition of sentencing imposed upon a defendant.

8. An abstract fee as set forth in Chapter 3.10 STC shall be assessed upon each person requesting a court abstract for the purpose of reinstating a driver’s license whether the driver’s license was suspended as a result of a civil or criminal violation.

9. In addition to any other remedy allowed by law, the town attorney is authorized to institute any appropriate action for recovery of any and all moneys owed or due to the Sahuarita municipal court including, but not limited to, restitution, fees, sanctions, surcharges, assessments, penalties, bonds, costs, and fees. A defendant who defaults in his or her obligation for the payment of moneys owed or due to the court is liable for all costs of collection including attorney fees and costs, and fees and charges assessed by a collection agency licensed pursuant to ARS Title 32, Chapter 9, that is engaged to collect and enforce such obligation.

10. A fee as set forth in Chapter 3.10 STC shall be assessed upon each person whom the court enters into the tax payer intercept program.

B. Waiver of Fees. The town magistrate shall retain the power to waive all or any part of fee assessments if any of the following conditions apply:

1. The defendant is determined by the town magistrate to be indigent;

2. The fee imposed upon a defendant would cause an undue hardship on the defendant or the defendant’s immediate family; or

3. In the opinion of the town magistrate such waiver would be in the interest of justice. [Ord. 2008-07 §§ 1, 2, 3; Ord. 2006-06 § 11; Ord. 2003-01 §§ 1, 2, 3; Ord. 2002-01; Ord. 2000-13; prior code Art. 5-6. Formerly 2.125.060.]