Chapter 2.34
MUNICIPAL COURT
Sections:
2.34.010 Municipal court established.
2.34.020 Court seal.
2.34.030 Jurisdiction.
2.34.040 Judges – Appointment – Qualifications.
2.34.050 Municipal judge salary – Costs.
2.34.060 Vacancy – Removal of judge.
2.34.070 Municipal court employees.
2.34.080 Judges pro tem – Court commissioners.
2.34.090 Municipal court hours.
2.34.100 Revenue deposits.
2.34.110 Rules of pleading, practice and procedure.
2.34.120 Use of credit cards.
2.34.130 Use of collections agencies and attorneys.
2.34.140 Sentences.
2.34.145 Confinement in general.
2.34.150 Deferral and suspension of sentences.
2.34.160 Criminal process.
2.34.165 Costs of incarceration.
2.34.170 Court may require payment of medical care costs as part of judgment and sentence.
2.34.180 Court may assess booking fee.
2.34.010 Municipal court established.
Effective on January 1, 1994, there is established a “Municipal Court of the City of Kent,” hereinafter referred to as the “municipal court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, together with all such other powers and jurisdiction as are generally conferred upon courts of limited jurisdiction in the state of Washington either by common law, the general law, or by express statute. The municipal court shall be established as an office reporting to city administration.
(Ord. No. 3125, § 1, 6-15-93)
2.34.020 Court seal.
The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of Municipal Court of Kent, State of Washington,” surrounding the vignette.
(Ord. No. 3125, § 1, 6-15-93)
2.34.030 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, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith.
(Ord. No. 3125, § 1, 6-15-93)
2.34.040 Judges – Appointment – Qualifications.
A. The municipal court shall have two (2) full-time judicial positions titled “Position I” and “Position II.” Subject to subsection (C) of this section, each position shall be filled for a term of four (4) years.
B. Position I has been filled by election with the term beginning January 1, 2002. Position I shall be filled by election on January 1, 2006, and every four (4) years thereafter.
C. Pursuant to RCW 3.50.070, within thirty (30) days of May 21, 2002, the mayor shall appoint a judge to fill the initial term of Position II. The mayor’s appointment shall be subject to the approval of the city council. The initial term of Position II shall expire at midnight, December 31, 2005. Position II shall be filled by election beginning with the term that commences on January 1, 2006, and every four (4) years thereafter.
D. A person appointed or elected as municipal judge shall be a citizen of the United States of America and of the state of Washington and a resident of King County; and an attorney admitted to practice law before the courts of record of the state of Washington.
E. An election required by this section shall be conducted in the same manner as other elective officials of the city are elected.
(Ord. No. 3125, § 1, 6-15-93; Ord. No. 3604, § 1, 5-21-02)
2.34.050 Municipal judge salary – Costs.
A. The salary of each full-time or part-time municipal judge shall be fixed by passage of the ordinance adopting the city’s annual budget. If serving as a pro tem judge, he or she shall be compensated at the rate of sixty dollars ($60) per hour; provided, however, that a traffic pro tem magistrate or other pro tem magistrate shall be compensated at the rate of forty dollars ($40) per hour.
B. All costs of operation of the municipal court, including but not limited to salaries of judges and court employees, dockets, books of records, forms, furnishings and supplies shall be paid wholly out of the funds of the city. Jurors shall be paid a fee of fifteen dollars ($15) per day and mileage allowance pursuant to RCW 43.03.060. The city shall provide a suitable place for holding court and pay all expenses of maintaining it.
(Ord. No. 3125, § 1, 6-15-93; Ord. No. 3617, § 4, 10-1-02; Ord. No. 3687, § 4, 4-20-04; Ord. No. 3806, § 1, 8-15-06)
2.34.060 Vacancy – 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. Any vacancy in the municipal court due to death, disability, removal, or resignation of the municipal judge shall be filled by 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. No. 3125, § 1, 6-15-93)
2.34.070 Municipal court employees.
All employees of the municipal court shall be deemed employees of the city. They shall be appointed pursuant to applicable personnel practices and procedures. There is hereby created the position of court administrator who shall be in charge of the administrative functions of the municipal court subject to the powers vested upon the municipal court judge pursuant to Chapter 3.50 RCW or this chapter or as otherwise prescribed by the city council. The court administrator shall be appointed by the operations director subject to approval of the mayor and shall be terminable at will by the operations director.
(Ord. No. 3125, § 1, 6-15-93; Ord. No. 3150, § 5, 1-4-94)
2.34.080 Judges pro tem – Court commissioners.
A. 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 judge pro tem shall be qualified to hold the position of judge of the municipal court as provided herein. The judge pro tem shall receive such compensation as is received, on an hourly basis, by the municipal judge, or as otherwise fixed by resolution or ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing mayor.
B. The municipal judge may appoint one (1) or more municipal court commissioners, who shall hold office and serve at the pleasure of the court. Each municipal court commissioner shall have such power, authority, and jurisdiction in civil and criminal matters as the municipal judge shall prescribe by court order.
(Ord. No. 3125, § 1, 6-15-93; Ord. No. 3146, § 2, 12-7-93)
2.34.090 Municipal court hours.
The municipal court shall be open during all regular business days and hours as the other offices of the city shall be open, but the dates and times of open court shall be set by the municipal judge; provided, that the sessions of the open court shall not be on nonjudicial days.
(Ord. No. 3125, § 1, 6-15-93)
2.34.100 Revenue deposits.
All fees, costs, fines, forfeitures, and other monies imposed or collected by the municipal court for the violation of any city ordinance, together with any other revenue received by the municipal court, shall be deposited with the city treasurer as part of the general fund of the city.
(Ord. No. 3125, § 1, 6-15-93)
2.34.110 Rules of pleading, practice and procedure.
The rules of pleading, practice, and procedure before the municipal court shall be in accordance with the “Rules for Courts of Limited Jurisdiction,” as published by the Washington Supreme Court, as currently in effect, as may be subsequently amended.
(Ord. No. 3125, § 1, 6-15-93)
2.34.120 Use of credit cards.
The municipal court may permit the use of credit cards for purposes of billing and collecting unpaid penalties, fines, costs, assessments, and forfeitures imposed. The municipal court may enter into agreements with one (1) or more financial institutions for the purpose of such collections. Said agreements may specify conditions, remuneration for services, and other charges deemed appropriate, upon confirmation by the city council.
(Ord. No. 3125, § 1, 6-15-93)
2.34.130 Use of collections agencies and attorneys.
A. The municipal court may use collection agencies as defined in Chapter 19.16 RCW for purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the court. The municipal court may enter into agreements, with the confirmation of the city council, with one (1) or more attorneys or collection agencies for collection of outstanding penalties, fines, costs, assessments, and forfeitures. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate.
B. Servicing of delinquencies by collection agencies or by collecting attorneys in which the municipal court retains control of its delinquencies shall not constitute assignment of debt.
C. The term debt shall include penalties, fines, costs, assessments, or forfeitures imposed by the municipal court.
D. The municipal court may assess, as court costs, the monies paid for remuneration for services or charges paid to collecting attorneys, to collection agencies, or, in the case of credit cards, to financial institutions.
(Ord. No. 3125, § 1, 6-15-93)
2.34.140 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 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 same as in like cases in the superior court.
C. Every person convicted by the municipal [judge] 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 ($5,000) or imprisonment in the city jail of a period not to exceed one (1) year, or both such fine and imprisonment.
(Ord. No. 3125, § 1, 6-15-93)
2.34.145 Confinement in general.
Any person sentenced by the municipal court for a commitment or period of confinement at the Kent corrections facility, and who serves such commitment or confinement at the Kent corrections facility, may, pursuant to Kent corrections facility policies, be eligible for corrections facility programs or incarceration alternatives as set forth in Ch. 9.34 KCC; provided, the municipal court may, in its discretion, or upon the motion of any party and for good cause shown, prohibit the inmate from participating in one (1) or more programs or incarceration alternatives.
(Ord. No. 3919, § 1, 6-16-09)
2.34.150 Deferral and suspension of sentences.
Unless otherwise provided by state law, the municipal 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, but in no case shall it extend for more than two (2) years from the date of conviction. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw a 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 (2) years after imposition of sentence, the municipal 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.
(Ord. No. 3125, § 1, 6-15-93)
2.34.160 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. No. 3125, § 1, 6-15-93)
2.34.165 Costs of incarceration.
Pursuant to RCW 10.01.160, as now enacted or hereafter amended or recodified, the municipal court may, in its discretion, require a defendant convicted of a misdemeanor or gross misdemeanor to pay the costs of incarceration. The per day actual cost of incarceration in the Kent corrections facility is ninety-two dollars ($92).
(Ord. No. 3919, § 1, 6-16-09)
2.34.170 Court may require payment of medical care costs as part of judgment and sentence.
A. Assessment of costs. As part of a judgment and sentence, whether executed, suspended, or deferred, the court may order the defendant to pay all or part of the medical care costs incurred by the city during the defendant’s confinement in the Kent corrections facility. Such costs shall be as set forth in KCC 9.34.030.
B. Proof of care. The inmate medical request form or a medical care document submitted to the court by the city shall be sufficient proof that the defendant received medical care while confined in the Kent corrections facility. In the event the inmate appeals the assessment of the cost, the medical request form or medical care document shall be admitted into evidence to show that the defendant was provided medical care. The court may add the cost of the medical care to any other amounts owed to the court by the defendant.
C. Collection. All costs assessed pursuant to this section may be collected by the court and may be subject to the collection process utilized by the court for collecting other fines, fees, or costs; provided, that a defendant may appeal the assessment of costs in accordance with KCC 9.34.030. Any costs collected pursuant to this section shall be deposited into an account which shall be used to offset the costs of providing medical care to inmates.
(Ord. No. 3705, § 1, 8-3-04)
2.34.180 Court may assess booking fee.
Pursuant to RCW 70.48.390 and KCC 9.34.020, the court may, upon receipt of notice from the corrections facility that a person has insufficient funds in his or her possession at the time of booking or has had insufficient funds deposited with the corrections facility on his or her behalf, assess the booking fee established in KCC 9.34.020 or any remaining balance thereof. Any fees collected pursuant to this section shall be deposited into an account which shall be used to offset the costs of booking inmates into the corrections facility.
(Ord. No. 3705, § 2, 8-3-04)