Chapter 2.14
BOTHELL MUNICIPAL COURT

Sections:

2.14.010    Creation.

2.14.020    Jurisdiction.

2.14.030    Violations bureau.

2.14.038    Witness fees.

2.14.040    Disposition of municipal court revenue.

2.14.050    Sessions.

2.14.060    Municipal court seal.

2.14.070    Pleadings, practice and procedure.

2.14.080    Deferral and suspension of sentences.

2.14.090    Complaints.

2.14.100    Case transfers.

2.14.110    Civil jury trials.

2.14.120    Criminal process.

2.14.130    Municipal court judge.

2.14.140    Municipal court employees.

2.14.150    Budget of the court.

2.14.010 Creation.

The municipal court of the city of Bothell is hereby created, which shall have jurisdiction and exercise all powers vested in the court by Chapter 3.50 RCW as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or express statute. The municipal court shall commence operation January 1, 1994. (Ord. 1504 § 1, 1993).

2.14.020 Jurisdiction.

The Bothell 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. The court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared by city ordinance or state statute. The court is also 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 city ordinances, and to pronounce judgement in accordance therewith. Finally, the court shall have the jurisdiction as conferred on it by statute. (Ord. 1504 § 1, 1993).

2.14.030 Violations bureau.

A.    Creation. A violations bureau is hereby created to operate under the supervision of the municipal court judge, in order to assist the court in processing traffic cases.

B.    Processing. City traffic offenses/infractions may be processed by the bureau in conformity with Chapter 46.63 RCW.

C.    Posting of Bail. The violations bureau may receive the posting of bail for specified offenses, and, to the extent authorized by court order, is permitted to accept forfeiture of bail and payment of penalties. Upon accepting the prescribed bail, the bureau shall issue a receipt therefore to the alleged violator, shall acknowledge the posting thereof, and shall further inform the accused of the legal consequences of bail forfeiture.

D.    Fines and Penalties. Any person charged with any criminal traffic offense within the authority of the violations bureau as described in subsection A above may, upon signing a written appearance, a written plea of guilty and a written waiver of trial, pay to the bureau the fine established for the offense charged and costs, and this shall have the same effect as a court conviction. All penalties and forfeitures paid to the bureau for violations of municipal ordinances shall be deposited with the city treasurer to be placed in the city’s general fund. (Ord. 1504 § 1, 1993).

2.14.038 Witness fees.

Witnesses subpoenaed for city cases shall receive a witness fee of $10.00 plus mileage for each day’s attendance at the Bothell municipal court. These fees may be included in the costs that are imposed by the court against a defendant. (Ord. 1525 § 1, 1993).

2.14.040 Disposition of municipal court revenue.

A.    Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk, and, together with any revenues received by the clerk, shall be deposited with the city treasurer as a part of the general fund of the city, or deposited in such other funds as may be designated by the laws of the state of Washington.

B.    The city treasurer shall monthly remit 32 percent of the money received under this section, other than parking infractions, and certain costs to the State Treasurer. “Certain costs,” as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and awarded for the specific reimbursement of costs incurred by the state, county or city in the prosecution of the case, including the fees of defense counsel.

C.    The balance of the money received under this section shall be retained by the city and deposited in the general fund. (Ord. 1504 § 1, 1993).

2.14.050 Sessions.

The municipal court shall be open for regular session on Monday and Tuesday of each week. The time for operation of court on those dates shall be established by the judge as deemed necessary. The judge of the municipal court is hereby delegated authority, and, by order of the court, may establish such additional court dates as deemed necessary to preserve an individual’s rights according to law, to respond to emergency circumstances or to provide effective and efficient administration of justice. However, court shall not be in session on a nonjudicial date as established by state law. This limitation shall not apply to telephonic approval by the judge of probable cause, search warrants, the issuance of no contact orders, or other such items. (Ord. 1532 § 1, 1993; Ord. 1504 § 1, 1993).

2.14.060 Municipal 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 Bothell, State of Washington” surrounding the vignette. (Ord. 1504 § 1, 1993).

2.14.070 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by Chapter 3.50 RCW or other 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. 1504 § 1, 1993).

2.14.080 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. This shall not be extended for more than two years from the date of conviction, unless the court specifically and with good cause extends jurisdiction beyond that date. 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. 1525 § 2, 1993; Ord. 1504 § 1, 1993).

2.14.090 Complaints.

All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city upon a person’s complaint subject to the procedures set forth in all applicable ordinances or statutes. (Ord. 1504 § 1, 1993).

2.14.100 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. 1504 § 1, 1993).

2.14.110 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 additional thereto shall receive mileage at the rate determined under RCW 43.03.060. (Ord. 1504 § 1, 1993).

2.14.120 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. (Ord. 1504 § 1, 1993).

2.14.130 Municipal court judge.

A.    Appointment. The city manager of the city shall appoint a municipal court judge pursuant to RCW 3.50.040 and 35A.13.080. The city manager’s appointment of the municipal court judge shall be subject to confirmation by the city council.

B.    Term. The municipal court judge shall serve a term of four years. The initial appointment of a judge under this chapter shall expire December 31, 1993. On or before December 1, 1993, the city manager shall make an appointment of a judge for a term expiring December 31, 1997. Appointments for each term thereafter shall be made on or before December 1st of the year next preceding the year in which the judicial term commences.

C.    Judicial Qualifications. A person appointed as a municipal judge shall be a citizen of the United States of America and of either King or Snohomish County, state of Washington, and an attorney admitted to practice law before the courts of record of the state of Washington.

D.    Additional Judges – Presiding Judge Designation.

1.    The city may appoint additional judges, as provided in this section, subject to the provisions of RCW 3.50.055, when the public interest and the administration of justice make such additional judge or judges necessary.

2.    Whenever more than one judge is serving by appointment, a presiding judge shall be designated pursuant to Washington state court rules and other applicable Washington state law. The duties of the presiding judge shall include those matters typical of the administration of a municipal court as provided by Washington state law. All other Bothell municipal court judges shall serve subject to the administrative decisions of the presiding judge. This designation shall not affect any other requirements of the judicial position(s) and the conduct of all of the Bothell municipal court judge(s) shall still be subject to the relevant general policies and practices as contained in the city personnel policies, to the extent allowed under applicable federal and state law and the nonjudicial administrative authority of the city manager exercised pursuant to RCW 3.50.080 and 35A.13.080.

E.    Judges Pro Tem. The city manager may establish a pool of qualified individuals from which the presiding municipal court judge may designate one or more persons as judges pro tem to serve in the absence or disability of the regular judge of the city municipal court, or subsequent to the filing of an affidavit of prejudice. A pro tem judge’s term of appointment shall be specified in writing, but in any event shall not extend beyond the presiding judge’s termination of employment. The judges pro tem shall be qualified to hold the position of judge of the municipal court as described in this section. The pro tem judges shall receive such compensation as shall be fixed by the ordinances of the city. The presiding judge shall employ pro tem judges only as needed and in compliance with the budget and budgetary policies established by city and state law.

F.    Vacancy. Any vacancy in the municipal court due to death, disability or resignation of a judge shall be filled by the city manager for the remainder of the unexpired term. The appointment shall be subject to the 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 section.

G.    Removal. A municipal court judge shall only be removed 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.

H.    Oath. Every judge of the municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the municipal court of the city of Bothell, according to the best of my ability.” The oath shall be filed in the offices of the King County recorder and the Snohomish County auditor.

I.    Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful performance of the judge’s duties as may be required by law or city ordinance.

J.    Compensation. The compensation for judges shall be fixed by the ordinances of the city. (Ord. 2033 § 1, 2009; Ord. 1956 § 1, 2006; Ord. 1794 § 1, 2000; Ord. 1610 § 1, 1995; Ord. 1525 § 3, 1993; Ord. 1504 § 1, 1993).

2.14.140 Municipal court employees.

All employees of the city who are also employed in the municipal court shall, for all purposes, be deemed employees of the city of Bothell and shall comply and be governed by the City Personnel Rules and Regulations, any applicable union contracts, and the nonjudicial administrative authority of the city manager exercised pursuant to RCW 3.50.080 and 35A.13.080. City employees serving in the municipal court shall be appointed by and serve in any judicially related capacity at the pleasure of the court, or, if more than one judge is appointed, the pleasure of the presiding judge. In all other duties such employees shall remain under the direct supervision and administration of the city manager or the city manager’s designee. (Ord. 2033 § 2, 2009; Ord. 1610 § 2, 1995; Ord. 1525 § 4, 1993; Ord. 1504 § 1, 1993).

2.14.150 Budget of the court.

The annual budget for the court shall be recommended by the city manager to the city council for approval as part of the annual preliminary budget presentation. (Ord. 1525 § 5, 1993).