Chapter 2.52
MUNICIPAL COURT*
Sections:
2.52.010 Established--Authority.
2.52.020 Jurisdiction and powers.
2.52.030 Judge--Appointment--Term.
2.52.040 Judge pro tem--Appointment--Term.
2.52.060 Transfer of proceedings to newly established court.
* For statutory provisions authorizing a city of less than 20,000 to establish a municipal court and specifying the procedures for same, see RCW Ch. 3.50; for provisions authorizing the adoption by reference of Washington State Statutes, see RCW 35.21.180. Prior history: Ords. 539, 618 and 669.
2.52.010 Established--Authority.
Pursuant to Section 108 of the Court Improvement Act of 1984 and RCW 3.50.060, the city does elect to establish, maintain or continue a municipal court pursuant to RCW Chapter 3.50. (Ord. 785 §1, 1984).
2.52.020 Jurisdiction and powers.
The court established pursuant to the provisions of this chapter shall be known as "The Municipal Court of the City of Elma" and shall have all powers and jurisdictions as are generally conferred upon such municipal courts in this state; whether such power and jurisdiction is established by common law or by statute. This jurisdiction shall include exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances. It shall further have original jurisdiction over all other actions brought to enforce or recover licenses, penalties or forfeitures declared or given by the city ordinances or state statutes. The court is specifically empowered to forfeit cash bail or bail bonds; to issue execution upon such bail or bail bonds; and to determine such other matters as may from time to time be authorized by statute or ordinance. The powers and jurisdictions specified in this section shall be deemed to be by way of example and not by way of limitation. (Ord. 785 §2, 1984).
2.52.030 Judge--Appointment--Term.
A. The person appointed to serve as the judge of the Elma municipal court shall be an attorney admitted to the Washington State Bar, and meet such other qualifications as from time to time may be established by ordinance or statute. As to the individual now serving as judge pursuant to the provisions of Section 106 of the Court Improvement Act and RCW 3.50.040, his term shall be deemed to terminate on January 1, 1986. The successor’s term, upon appointment by the mayor, shall commence on January 1, 1986, with the individual so appointed to serve a term of four years with each successive term to commence on the first day of January of each fourth year after January 1, 1986.
B. The appointment of the municipal court judge shall be made at such time as may be established by statute.
C. Such individual as may be appointed by the mayor shall be subject to confirmation by the city council. (Ord. 875 §1, 1991: Ord. 785 §3, 1984).
2.52.040 Judge pro tem--Appointment--Term.
The individual then serving as the duly appointed and confirmed judge of the municipal court shall have the authority to appoint such individuals to serve as judges pro tem as may be from time to time required. Such individuals shall meet such qualifications as may from time to time be established for the position of judge of the municipal court and shall receive such compensation as may be from time to time fixed by action of the city council. Judges pro tem shall serve in the absence or disability of the regularly appointed judge or subsequent to the filing of an affidavit of prejudice by a party, as such affidavits may from time to time be allowed by statute, court rule, or otherwise, within the municipal court. The term of appointment shall be specified in writing; but in no event may such term of appointment extend beyond the term of the judge making the appointment. No bond shall be required of a judge pro tem. (Ord. 1113 §1, 2012: Ord. 853 §1, 1989: Ord. 785 §4, 1984).
2.52.050 Court sessions.
The municipal court shall be open and shall hold regular and special sessions as may be more fully detailed on Attachment Number 1, on file in the office of the city clerk-treasurer, and incorporated by this reference; provided, that the judge shall be and is authorized to hold such additional sessions or to recess such sessions from time to time as the judge may in his discretion deem to be necessary and appropriate to fully carry forth the business of the court; provided, that in no event may any such session be held on a nonjudicial day. (Ord. 785 §5, 1984).
2.52.060 Transfer of proceedings to newly established court.
A. All cases, proceedings, and matters pending before the municipal court and the judge thereof shall, upon the effective date of the creation of this court pursuant to the provisions this chapter, be transferred to the municipal court established by this chapter, together with all files, records and proceedings relating to such case and shall be disposed of therein in due course of law.
B. The election carried forth by this chapter shall not affect any appeal from any decision of the court previously existing, commenced and pending prior to the date of creation of the court pursuant to the provisions of this chapter; but such appeal shall be conducted and concluded as if this chapter had not been enacted; except that if remanded from superior court, the municipal court shall have the authority and power to enforce the judgment of the predecessor court. (Ord. 785 §6, 1984).