6-3-6 ADMINISTRATIVE FEE.

ARTICLE 6-3
Proceedings, Conduct and Management of Court

Section

6-3-1 Proceedings

6-3-2 Management; City Manager; Council

6-3-3 Default fee

6-3-4 Warrant fee

6-3-5 Court Enhancement Fund

6-3-6 Administrative fee

6-3-1 PROCEEDINGS.

Proceedings in the court shall be in accordance with the state constitution, state statutes and applicable rules promulgated by the Arizona Supreme Court and the Superior Court of the county in which it is located. The court shall be open on all judicial days.

(Prior Code, § 6-3-1) (Am. Ord. 99-641, passed 2-8-1999)

6-3-2 MANAGEMENT; CITY MANAGER; COUNCIL.

(A) The City Manager shall organize, administer and plan for all nonjudicial operations of the city court, including personnel and payroll, to the extent permitted by law.

(B) The Council shall provide for the financial, physical, personnel and consulting requirements of the court and may adopt additional ordinances as may be deemed necessary for the consistent implementation of this code.

(Prior Code, § 6-3-2) (Am. Ord. 99-641, passed 2-8-1999)

6-3-3 DEFAULT FEE.

Commencing on the first day of December 1995, the Municipal Judge or hearing officer of the court shall assess a defendant a default fee of $25 for each default judgment entered in a civil traffic violation case upon a failure of such defendant to appear or upon such defendant’s failure to pay a civil sanction, unless such default judgment is set aside under Rules of Procedure in Civil Traffic Violation Cases, Rule 28. The Municipal Judge or hearing officer may waive all or any part of the fee if the payment of the fee would cause undue hardship to the defendant.

(Prior Code, § 6-3-3) (Am. Ord. 99-641, passed 2-8-1999)

6-3-4 WARRANT FEE.

The city court shall assess an administrative fee not to exceed $250 for the issuance of a warrant due to the failure of a defendant to appear or to pay any fine, fee or restitution imposed by the court or the failure of a defendant to comply with any other sanction or any other order regarding probation, counseling or diversion programs.

(Prior Code, § 6-3-4) (Ord. 98-602, passed 4-27-1998)

6-3-5 COURT ENHANCEMENT FUND.

(A) There is created a Court Enhancement Fund, which shall be used exclusively to enhance the technological and security capabilities of the court.

(B) The Court Enhancement Fund shall be funded by an enhancement fee in the amount of $10 which shall be applied by the city court on all fines, sanctions, penalties and assessments imposed by the city court. The enhancement fee shall also apply to fees collected for court authorized diversion programs. COURT AUTHORIZED DIVERSION PROGRAM, as used in this section, means a program in which an individual charged with any civil, criminal or petty offense is not prosecuted for the offense on successful completion of an authorized diversion program and it includes authorized defensive driving courses.

(C) The Court Enhancement Fund shall be established as a designated fund account with the City Finance Director. The city court shall collect enhancement fees and deposit them in the Court Enhancement Fund Account. The City Finance Director shall invest the monies in the Fund in the same manner as city funds. Interest earned on Fund monies shall be deposited in the Fund.

(D) The city court shall administer the Fund and may make expenditures from the Fund for the purposes provided in this section. Monies from the Fund shall supplement monies already provided in the city court for the general purposes stated in this section.

(E) The city court shall annually submit to the Mayor and City Council and the City Manager a report detailing the amount of money collected and expended during the reporting period and the progress made in court enhancement.

(Prior Code, § 6-3-5) (Ord. 98-602, passed 4-27-1998)