Chapter 2.20
MUNICIPAL COURT
Sections:
2.20.030 Judges – Appointment – Qualifications.
2.20.050 Municipal court employees.
2.20.080 Municipal court hours.
2.20.100 Deferral and suspension of sentences.
2.20.120 Pleadings, practice and procedure.
2.20.010 Court established.
There is established a municipal court entitled “The Municipal Court of the City of Bainbridge Island,” hereinafter referred to as “municipal court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, as presently existing or hereafter amended, 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. (Ord. 94-19 § 1, 1994; Ord. 84-16 § 2, 1984)
2.20.015 Court of record.
The Bainbridge Island municipal court shall herewith be designated a court of record under the statutes and court rules of the state of Washington, pursuant to Article 4, Section 11, of the Constitution of the state of Washington, RCW 2.04.190, RCW 3.02.020 through 3.02.040, RCW 3.50.010, and the Rules of Court, RALJ 5.1 through 6.4. Furthermore, the Bainbridge Island municipal judge shall be an attorney. (Ord. 88-19 § 1, 1988: Ord. 88-15 § 1, 1988)
2.20.020 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. 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 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. (Ord. 84-16 § 3, 1984)
2.20.025 Single judge court.
The municipal court is a “single judge court” as contemplated by state law, including Chapter 2.56 RCW. (Ord. 2022-07 § 1, 2022)
2.20.030 Judges – Appointment – Qualifications.
A. The municipal judge holding office on July 1, 1984, the effective date of the ordinance codified in this chapter, 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 1st of each fourth year thereafter, pursuant to appointment as provided below.
B. The municipal judge shall be appointed by the city manager, subject to confirmation by the city council, for a term of four years. Appointments shall be made on or before December 1st 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.
D. The municipal judge shall be the presiding judge. (Ord. 2022-07 § 2, 2022; Ord. 2009-21 § 6, 2009: Ord. 84-16 § 4, 1984)
2.20.040 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 record, 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.
A. Effective January 1, 2014, the salary for the Bainbridge Island municipal court judge position shall be set using 95 percent of a district court judge’s annual salary as the base amount for a full-time equivalent position. The actual annual salary paid to the Bainbridge Island municipal court judge shall be a proration of this base amount equal to the percentage of a full-time equivalent represented by the position.
B. Commencing September 1, 2014, and thereafter on the first day of July of each successive year, the full-time equivalent base amount for the salary paid to the Bainbridge Island municipal court judge shall automatically be adjusted to an amount equal to 95 percent of the salary of district court judges as set by the Washington Citizens’ Commission on Salaries for Elected Officials. (Ord. 2022-07 § 3, 2022; Ord. 2013-31 § 1, 2013: Ord. 84-16 § 5, 1984)
2.20.050 Municipal court employees.
All employees of the municipal court shall, for all purposes, be deemed employees of the city. They shall be appointed by and serve at the pleasure of the municipal judge. (Ord. 84-16 § 6, 1984)
2.20.060 Judges pro tem.
A. The designation of, and other matters related to, the presiding judge pro tem and other judges pro tem shall be governed by Chapter 3.50 RCW, including RCW 3.50.090. To the extent that there is any text in this section that differs from Chapter 3.50 RCW, this section is intended to be consistent with that chapter.
B. The municipal judge shall, in writing, predesignate a presiding judge pro tem to fulfill presiding judge duties in case of the illness, incapacity, resignation, death, or unavailability of the presiding judge.
C. The municipal judge shall, in writing, also designate other 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.
D. The presiding judge pro tem and any other judges pro tem shall be qualified to hold the position of judge of the municipal court as provided herein and as set forth in Chapter 3.50 RCW.
E. The presiding judge pro tem and any other judges pro tem shall receive compensation at the rate of $75.00 per hour. Effective January 1, 2023, the base rate of pay in effect on December 31, 2022, shall be increased by the amount of the June-June Seattle-Tacoma-Bellevue, All Items, CPI-U, for the most recent previous year, as is supplied by the United States Department of Labor, Bureau of Labor Statistics. Unless otherwise provided for by law, the presiding judge pro tem shall be compensated at the same rate as any other judge pro tem. (Ord. 2022-07 § 4, 2022; Ord. 2009-21 § 7, 2009: Ord. 84-16 § 7, 1984)
2.20.070 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 city manager 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. (Ord. 2022-07 § 5, 2022; Ord. 84-16 § 8, 1984)
2.20.080 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 municipal court shall not be open on nonjudicial days. (Ord. 84-16 § 9, 1984)
2.20.090 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 judgment is paid in full.
B. A defendant who has been committed shall be discharged 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.
C. Every person convicted by the municipal court of a violation of the criminal provisions of an ordinance for which no punishment is specifically prescribed in the ordinance shall be punished by a fine of not more than $5,000 or imprisonment in the city jail for a period not to exceed one year, or both such fine and imprisonment. (Ord. 84-16 § 10, 1984)
2.20.100 Deferral and suspension of sentences.
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 years from the date of conviction. Any defendant placed on probation shall pay a fee to the city in the amount established by the city by resolution. 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 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.
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 conditions of the deferral or suspension. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended 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 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. (Ord. 92-24 § 10, 1992: Ord. 84-16 § 11, 1984)
2.20.110 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. (Ord. 84-16 § 12, 1984)
2.20.120 Pleadings, practice and procedure.
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. (Ord. 84-16 § 13, 1984)
2.20.130 Case transfers.
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 accordance with RCW 3.66.090 in all civil and criminal proceedings. (Ord. 84-16 § 14, 1984)
2.20.140 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 Bainbridge Island, State of Washington,” surrounding the vignette. (Ord. 84-16 § 15, 1984)
2.20.150 Removal of judge.
A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office. For any vacancy in the municipal court due to death, disability or resignation of the municipal court judge, the city manager shall appoint a municipal court judge 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 chapter and Chapter 3.50 RCW, as amended by Chapter 258, Laws of 1984. (Ord. 2009-21 § 8, 2009: Ord. 84-16 § 16, 1984)
2.20.160 Civil jury trials.
In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six 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 $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. (Ord. 84-16 § 17, 1984)
2.20.170 Criminal process.
All criminal process issued by the municipal court shall be in the name of the state 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. (Ord. 84-16 § 18, 1984)
2.20.180 Savings.
The enactments of this chapter shall not affect any case, proceeding, appeal or other matter pending in the 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 chapter and Chapter 3.50 RCW, as amended by Chapter 258, Laws of 1984. (Ord. 84-16 § 19, 1984)