Chapter 2.18


2.18.010    Creation.

2.18.020    Jurisdiction.

2.18.030    Disposition of municipal court revenue.

2.18.040    Sessions.

2.18.050    Municipal court seal.

2.18.060    Pleadings, practice and procedure.

2.18.070    Deferral and suspension of sentences.

2.18.080    Complaints.

2.18.090    Case transfers.

2.18.100    Criminal process.

2.18.110    Municipal court judge.

2.18.120    Municipal court employees.

2.18.130    Prosecuting authority designated.

2.18.010 Creation.

The municipal court of the city of Brewster is created, which shall have jurisdiction and exercise all powers vested in the court by Chapter 3.50 RCW as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or express statute. The operation of the municipal court shall be governed by this chapter commencing January 1, 1996. (Ord. 623 § 2 (part), 1995)

2.18.020 Jurisdiction.

A. The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances, and exclusive original 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 shall also have the jurisdiction as conferred by statute.

B. 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, arising under such ordinances and to pronounce judgment in accordance therewith. (Ord. 623 § 2 (part), 1995)

2.18.030 Disposition of municipal court revenue.

A. Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk, and, together with any revenues received by the court clerk, shall be deposited with the city clerk-finance director as a part of the general fund of the city, or deposited in such other funds as may be designated by the laws of the state of Washington.

B. The city clerk/finance director shall monthly remit to the State Treasurer all sums required by statute or regulation from the money received under this section, other than parking infractions and certain costs. “Certain costs,” as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county or city in the processing of prosecution of the case, including the fees of defense counsel.

C. The balance of the money received under this section shall be retained by the city and deposited in the general fund. (Ord. 623 § 2 (part), 1995)

2.18.040 Sessions.

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 open on nonjudicial days. (Ord. 623 § 2 (part), 1995)

2.18.050 Municipal court seal.

The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of the Municipal Court of Brewster, State of Washington” surrounding the vignette. (Ord. 623 § 2 (part), 1995)

2.18.060 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by Chapter 3.50 RCW or other 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. (Ord. 623 § 2 (part), 1995)

2.18.070 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 years from the date of conviction. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the 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 years after imposition of sentence, the 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. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs.

D. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. (Ord. 623 § 2 (part), 1995)

2.18.080 Complaints.

All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person, subject to the procedures set forth in all applicable ordinances or statutes. (Ord. 623 § 2 (part), 1995)

2.18.090 Case transfers.

A transfer of a case from the municipal court to either another municipal judge of the city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings. (Ord. 623 § 2 (part), 1995)

2.18.100 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 any sheriff in the state. (Ord. 623 § 2 (part), 1995)

2.18.110 Municipal court judge.

A. Appointment. The mayor shall appoint a part-time municipal court judge.

B. Term. The municipal court judge shall serve a term of four years. The initial appointment of a judge under this chapter shall expire December 31, 1997. On or before December 1, 1997, the mayor shall make an appointment of a judge for a four-year term commencing January 1, 1998, and expiring December 31, 2001. Appointments for each four-year term thereafter shall be made on or before December 1st of the year prior to the year in which the judicial term commences.

C. Judicial Qualifications. A person appointed as a part-time municipal judge shall be a citizen of the United States of America and of the state of Washington, and either (1) an attorney admitted to practice law before the courts of record of the state of Washington or (2) a nonlawyer who has passed the qualifying examination for lay judges for courts of limited jurisdiction.

D. Additional Judges. Additional part-time judges may be appointed as provided in this section, when the public interest and the administration of justice make such additional judge or judges necessary.

E. Judges Pro Tem. The mayor may, 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. A pro tem judge’s term of appointment shall also be specified in writing, but in any event shall not extend beyond the term of the appointing mayor. The judges pro tem shall be qualified to hold the position of judge of the municipal court as described in this section. The pro tem judges shall receive such compensation as shall be fixed by ordinance of the city.

F. Vacancy. Any vacancy in the municipal court due to death, disability or resignation of a judge shall be filled by the mayor, 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 section.

G. Removal. A municipal court judge shall only be removed 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.

H. Oath. 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, and that I will faithfully discharge the duties of the office of judge of the Municipal Court of the City of Brewster, according to the best of my ability.

The oath shall be filed in the office of the Okanogan County Auditor.

I. Bonds. Every Municipal Court judge shall give such bonds to the state and city for the faithful performance of the judge’s duties as may be required by law or city ordinance.

J. Compensation. Pursuant to RCW 3.50.080, the compensation for municipal court judges shall be set by the city council by ordinance. The city shall enter into a contract with the appointed judge for professional services. (Ord. 623 § 2 (part), 1995)

2.18.120 Municipal court employees.

All employees of the municipal court shall, for all purposes, be deemed employees of the city of Brewster. They shall be appointed by and serve at the pleasure of the court. (Ord. 623 § 2 (part), 1995)

2.18.130 Prosecuting authority designated.

Pursuant to the Infraction Rules for Courts of Limited Jurisdiction 1.2(i) and (k), the “prosecuting authority” of the city for enforcement of infractions shall be and include the city attorneys and all law enforcement officers employed by the city. (Ord. 911 § 1, 2018)