Chapter 2.24
MUNICIPAL COURT AND MUNICIPAL COURT JUDGE
Sections:
2.24.030 Municipal judge – Qualifications – Appointment.
2.24.040 Salary of judge; operating costs of court; court employees.
2.24.060 Municipal judge – Vacancy – Appointment.
2.24.070 Municipal judge – Removal from office.
2.24.090 Court costs – Disposition of revenue.
2.24.120 Jury trials; fees and compensation.
2.24.130 Execution of sentence – Jail in lieu of fine and costs.
2.24.140 Deferral of sentence – Change of plea, dismissal.
2.24.150 Continuing jurisdiction of court after sentence.
2.24.160 Revocation of deferred or suspended sentence – Limitations – Termination of probation.
2.24.170 Issuance of criminal process.
2.24.180 Criminal prosecution in city’s name for violation of ordinances.
2.24.190 Penalty if no other punishment prescribed.
2.24.200 Pleadings, practice and procedure.
2.24.210 Surcharge for dishonored checks.
2.24.220 Multiple booking fee.
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 Chapter 3.50 RCW, 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. (Ord. 1420, 1985).
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 bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions and parking violations, and all other civil violations arising under such ordinances and to pronounce judgment in accordance therewith. (Ord. 1933 § 1, 1993; Ord. 1420, 1985).
2.24.030 Municipal judge – Qualifications – Appointment.
(1) The term of office of the first municipal judge shall expire on January 1, 1986. The term of office thereafter shall be four years, commencing on January 1st of each fourth year after 1986. Appointments shall be made on or before December 1st of the year next preceding the year in which the term commences.
(2) The position of a full-time municipal judge shall be filled by election for the term commencing on January 1, 2010, and every four years thereafter. The municipal judge shall be elected in the same manner as other elective city officials are elected to office. The term of the municipal judge shall be for four years. Nothing in this section shall limit the mayor’s authority to fill the position of municipal judge pursuant to MMC 2.24.060.
(3) Additional Judges. Additional full- or part-time municipal judge positions may be filled when the public interest and the administration of justice make such additional judge or judges necessary, and so long as that procedure is in compliance with state statutes, such as RCW 3.50.055.
(4) On or before April 1, 2010, the mayor may appoint an additional part- or full-time judge for the term commencing January 1, 2010, and expiring December 31, 2013. Said additional judicial position shall be an elected position and shall be filled by election for any subsequent term.
(5) Commencing September 1, 2016, and thereafter on the first day of July of each successive year or such other date as is established by the state for adjusting district court judge salaries, the salary paid the Marysville municipal court judge shall automatically be adjusted to a rate equivalent to 100 percent of a district court judge salary as set by the Washington Citizens’ Commission on Salaries for Elected Officials for the succeeding year.
(6) A person elected or appointed as municipal judge shall be a citizen of the United States of America and of the state of Washington and a resident of Snohomish County, and an attorney admitted to practice law before the courts of record of the state of Washington. (Ord. 3122 § 1 (Exh. A), 2019; Ord. 3024 § 1 (Exh. A), 2016; Ord. 2999 § 1 (Exh. A), 2015; Ord. 2817 § 1, 2010; Ord. 2621 § 1, 2006; Ord. 1933 § 2, 1993; Ord. 1420, 1985).
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. (Ord. 1420, 1985).
2.24.050 Judge pro tem.
The provisions of RCW 3.50.090 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.055 Municipal court commissioner – Qualifications – Appointment – Adoption of RCW 3.50.075 by reference.
The provisions of RCW 3.50.075 are hereby adopted and incorporated by reference. (Ord. 2702 § 1, 2007).
2.24.060 Municipal judge – Vacancy – Appointment.
The provisions of RCW 3.50.093 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.070 Municipal judge – Removal from office.
The provisions of RCW 3.50.095 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.080 Oath of office.
The municipal court judge, before entering upon the discharge of his/her duties, shall take and subscribe an oath of office. (Ord. 2150 § 2, 1997).
2.24.090 Court costs – Disposition of revenue.
(1) The provisions of RCW 3.50.100 are hereby adopted and incorporated by reference.
(2) The following court costs shall apply to all cases arising from violations of city ordinances which are tried before the municipal court:
(a) Witness fees $10.00 for each day in attendance and juror fees, $25.00 for each day in attendance (plus mileage each way at the privately owned vehicle mileage rate set by the Director of the Washington Office of Financial Management);
(b) Warrant service and return fees, $50.00;
(c) Warrant recall fees, $50.00. (Ord. 3271 § 1 (Exh. A), 2023; Ord. 2341 § 1, 2000; Ord. 2289 § 1, 1999; Ord. 1933 § 3, 1993; Ord. 1804, 1990; Ord. 1595, 1988; Ord. 1435, 1985; Ord. 1420, 1985).
2.24.100 Court sessions.
Regular and supplemental court sessions for municipal court shall be as needed at such times and dates as determined by the municipal court judge. (Ord. 2341 § 1, 2000; Ord. 2289 § 2, 1999; Ord. 1933 § 4, 1993; Ord. 1594, 1988; Ord. 1464, 1986; Ord. 1420, 1985).
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. (Ord. 1420, 1985).
2.24.120 Jury trials; fees and compensation.
The provisions of RCW 3.50.135 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
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. (Ord. 1420, 1985).
2.24.140 Deferral of sentence – Change of plea, dismissal.
The provisions of RCW 3.50.320 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.150 Continuing jurisdiction of court after sentence.
The provisions of RCW 3.50.330 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.160 Revocation of deferred or suspended sentence – Limitations – Termination of probation.
The provisions of RCW 3.50.340 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.170 Issuance of criminal process.
The provisions of RCW 3.50.425 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.180 Criminal prosecution in city’s name for violation of ordinances.
The provisions of RCW 3.50.430 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.190 Penalty if no other punishment prescribed.
The provisions of RCW 3.50.440 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.200 Pleadings, practice and procedure.
The provisions of RCW 3.50.450 are hereby adopted and incorporated by reference. (Ord. 1420, 1985).
2.24.210 Surcharge for dishonored checks.
If a fine or penalty is paid by a check or draft which is dishonored by the drawer’s bank, a surcharge of $40.00 per check shall be added to the defendant’s fine or penalty. (Ord. 2759 § 1, 2008; Ord. 2341 § 1, 2000; Ord. 2289 § 3, 1999; Ord. 1933 § 5, 1993; Ord. 1507, 1987).
2.24.220 Multiple booking fee.
If a person sentenced to the Marysville jail elects, with court approval, to serve his or her sentence on nonconsecutive days, said person shall pay the city a fee of $45.00, in advance, for each additional time that he or she is booked into the jail after his or her original admission. (Ord. 2341 § 1, 2000; Ord. 2289 § 4, 1999; Ord. 2019, 1995; Ord. 1933 § 6, 1993; Ord. 1506, 1987).
2.24.225 Incarceration costs.
Once a defendant has been convicted of a misdemeanor or gross misdemeanor, unless the defendant has been found by the court, pursuant to RCW 10.101.020, to be indigent, the court may require the defendant to pay for the cost of incarceration at a rate of up to $50.00 per day of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision, shall take precedence over the payment of the cost of incarceration ordered by the court. All funds received from defendant for the cost of incarceration in the city jail shall be remitted to the city for criminal justice purposes. (Ord. 2019, 1995).