Chapter 2.53MUNICIPAL COURT

Sections:

2.53.010
Creation and name of court.
2.53.020
Jurisdiction.
2.53.030
Penalties.
2.53.040
Pleadings, practice and procedure.
2.53.050
Judges – Appointment and qualifications.
2.53.055
Court commissioners – Appointment and qualifications.
2.53.060
Oath of office.
2.53.070
Salaries of the municipal court judge.
2.53.080
Judges pro tem.
2.53.090
Vacancies.
2.53.100
Sessions of the court.
2.53.110
Jury fees.
2.53.120
Seal of the court.
2.53.130
Criminal process.
2.53.140
Transition.
2.53.010Creation and name of court.

There is created pursuant to the Court Improvement Act of 1984, Chapter 258, Laws of 1984, and RCW Chapter 3.50, as amended by the Court Improvement Act of 1984, a municipal court of the city of Cle Elum, which will be entitled “The Municipal Court of the City of Cle Elum,” which court shall have jurisdiction and exercise all powers authorized by RCW Chapter 3.50, as amended by the Court Improvement Act of 1984, Chapter 258, Laws of 1984, together with such other powers and jurisdictions as are generally conferred upon such a court in the state of Washington, either by common law or by express statute.

(Ord. 819 § 1 (part), 1984)

2.53.020Jurisdiction.

The municipal court of the city 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, 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 of the city 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. 819 § 1 (part), 1984)

2.53.030Penalties.

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 five thousand dollars.

(Ord. 819 § 1 (part), 1984)

2.53.040Pleadings, 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 of the state.

(Ord. 819 § 1 (part), 1984)

2.53.050Judges – Appointment and qualifications.

A. The mayor of the city shall appoint, subject to confirmation by the city council, a municipal judge for a term of four years. The term of a judge serving on the effective date of the ordinance codified in this chapter and of the municipal judge who is appointed to a term commencing before January 1, 1986, shall expire January 1, 1986. The term of his successor shall commence on January 1, 1986, and on January 1st of each fourth year thereafter. Appointment shall be made on or before December 1st of the year next preceding the year in which the term commences.

B. The person appointed as a municipal judge shall be a citizen of the United States of America, and of the state of Washington.

(Ord. 819 § 1 (part), 1984)

2.53.055Court commissioners – Appointment and qualifications.

One or more court commissioners may be appointed by the city municipal judge. Each commissioner shall hold office at the pleasure of the appointing judge. A commissioner authorized to hear or dispose of cases must be a lawyer who is admitted to practice law in the state or a nonlawyer who has passed a qualifying examination for lay judges for courts of limited jurisdiction pursuant to RCW 3.34.060.

A court commissioner need not be a resident of the city.

(Ord. 1042, 1996)

2.53.060Oath of office.

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, that I will faithfully discharge the duties of the office of Judge of the Municipal Court of the City of Cle Elum according to the best of my ability.” The oath shall be filed in the office of Kittitas County auditor. The judge shall also give a bond to the city of Cle Elum for the faithful performance of the judge’s duties, in the amount of one thousand dollars.

(Ord. 819 § 1 (part), 1984)

2.53.070Salaries of the municipal court judge.

The salary of the municipal court judge shall be fixed annually by the budget ordinance of the city. All costs of operating the municipal court, including but not limited to the salary of the judge and court employees, dockets, books of record, forms, furnishings and supplies, shall be paid wholly out of the funds of the city.

(Ord. 819 § 1 (part), 1984)

2.53.080Judges pro tem.

The mayor shall in writing, 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 judges pro tem shall qualify to hold the position of judge of the municipal court, as provided herein. The municipal court judge pro tem shall receive compensation equal to that of the regular municipal court judge, prorated to the actual days of service as a judge pro tem. The term of employment of judges pro tem shall be specified in writing, but shall in any event not extend beyond the term of the appointing mayor.

(Ord. 819 § 1 (part), 1984)

2.53.090Vacancies.

Any vacancy in the municipal court due to the death, disability, or resignation of the municipal court judge shall be filled by appointment of the mayor, subject to confirmation by the city council, for the remainder of the unexpired term. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter.

(Ord. 819 § 1 (part), 1984)

2.53.100Sessions of the court.

The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the city council; provided, that the municipal court shall not be opened on nonjudicial days.

(Ord. 819 § 1 (part), 1984)

2.53.110Jury fees.

Jurors serving as jurors shall be entitled to be paid ten dollars for each day in attendance upon the municipal court, and in addition thereto, shall receive mileage at the rate as determined by RCW 43.03.060, or as hereafter amended.

(Ord. 819 § 1 (part), 1984)

2.53.120Seal of the court.

The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of the Municipal Court of the City of Cle Elum, State of Washington,” surrounding the vignette.

(Ord. 819 § 1 (part), 1984)

2.53.130Criminal process.

All criminal process issued by the municipal court shall be in the name of the state of Washington, and shall 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 any sheriff in the state.

(Ord. 819 § 1 (part), 1984)

2.53.140Transition.

The enactment of this chapter shall not affect any case, proceeding, appeal, or other matter pending in the police court operated by the city under RCW 35.24.450 through 35.24.480 on July 1, 1984. This chapter shall not have the effect of terminating or in any way modifying any right or liability, civil or criminal, which may be in existence on July 1, 1984. The municipal court of the city shall operate as the police court for all matters pending on July 1, 1984, and shall continue to hear all of those pending proceedings until all are completed.