Chapter 2.40
MAGISTRATE
Sections:
2.40.010 Court established – Jurisdiction.
2.40.030 Town magistrate powers and duties.
2.40.070 Rate of pay – Court appointed attorneys.
2.40.080 Home detention program.
2.40.010 Court established – Jurisdiction.
There is hereby established in the town a magistrate court which shall have jurisdiction of all violations of this code, and jurisdiction concurrently with justices of the peace of precincts in which the town is located of violations of laws of the state committed within the limits of the town. (Prior code § 5-1)
2.40.020 Presiding officer.
The presiding officer of the magistrate court shall be the town magistrate, who shall be appointed by the council and shall serve under a two-year contract. That certain code entitled “town magistrate” is hereby adopted and made a part of this chapter the same as though said code was specifically set forth in full here. At least three copies of said code shall be filed in the office of the clerk and kept available for public use and inspection. (Ord. 00-001, 2000; prior code § 5-2-1)
2.40.030 Town magistrate powers and duties.
The powers and duties of the magistrate shall include:
A. The powers and duties set forth and conferred upon him under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town.
B. The keeping of a docket in which shall be entered each action and the proceedings of the court therein.
C. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law.
D. Payment of all fees, fines, penalties and other monies collected by the court to the treasurer.
E. Submitting a monthly report to the council summarizing court activities for that month.
F. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation.
G. Designation of a deputy other than a law enforcement officer and a specific location at which the deputy shall, during hours when the court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court.
H. Serving as juvenile hearing officer in accordance with the authority granted by the Cochise County presiding superior court judge, Wallace R. Hoggatt. (Res. 07-04, 2007; Res. 01-010, 2001; prior code § 5-2-2)
2.40.040 Court proceedings.
A. The proceedings shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to police courts and justice of the peace courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith.
B. The magistrate court proceedings shall be commenced by complaint under oath and in the name of the state setting forth the offense charged with and such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint.
C. If the magistrate is satisfied that the offense complained of has been committed by the person charged, he shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint, the magistrate may subpoena and examine witnesses as to the truth of the complaint. (Prior code § 5-3-1)
2.40.050 Court fees.
The town council, in consultation with the town magistrate, shall adopt fees for court programs and services by resolution of the council. (Ord. 18-15 § 1, 2018; Ord. 10-01, 2010)
2.40.060 Bail.
The defendant at any time after arrest and before conviction shall be admitted to bail, if bailable. (Prior code § 5-3-2)
2.40.070 Rate of pay – Court appointed attorneys.
Payment to attorneys appointed by the Huachuca City magistrate to represent indigent criminal defendants shall be as follows: $100.00 per hour for a reasonable amount of hours to provide necessary defense. Reasonableness of fees will be determined by the town magistrate. Total payments shall not exceed $1,500 for any one case, unless the town magistrate has approved a greater amount, in advance, upon motion and good cause shown. No costs will be reimbursed to attorneys for copies, postage, telephone charges, fax transmissions, travel time or expenses, research database fees or messenger service fees. Costs for service of process and expert witnesses may be reimbursed upon prior approval of the town magistrate. (Ord. 15-07 § 1, 2015; Ord. 13-01, 2013; prior code § 5-3-3)
2.40.080 Home detention program.
There is hereby established in the magistrate court a home detention program for offenders who are sentenced to jail confinement under ARS Sections 28-1381 and 28-1382. The home detention program is governed by the provisions of ARS Section 9-499.07(K) through (R), and will be administered in compliance with those provisions. The town is authorized to engage vendor services to administer the program. (Ord. 15-07 § 2, 2015)
2.40.090 Juvenile matters.
The town’s magistrate court is authorized to hear and adjudicate cases in which a child under the age of 18 years on the date of the alleged offense is charged with violating any non-alcohol related provision of the State Motor Vehicle Code, not declared to be a felony, and violations of the town’s code, not pertaining to curfew violations. (Res. 16-04, 2016)