Chapter 2.28
MUNICIPAL COURT*
Sections:
2.28.020 Municipal court hours.
2.28.040 Appointment and term of judge – Qualifications listed.
2.28.050 Appointment of additional part-time judges – Judges pro-tem.
2.28.080 Penalty for persons convicted of violations by court.
2.28.090 Service charge for returned checks.
2.28.100 Court may require payment of medical care costs as part of judgment and sentence.
* Statutory provisions codified – See Chapter 3.50 RCW.
2.28.010 Court established.
(a) There is established a municipal court entitled “the Municipal Court of the City of Fircrest,” hereinafter referred to as “municipal court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, as presently existing or hereafter amended, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute.
(b) Court of Record. The city of Fircrest municipal court shall herewith be designated a court of record under the statutes and court rules of the state of Washington, pursuant to Article 4, Section 11, of the Constitution of the state of Washington, RCW 2.04.190, 3.02.020 through 3.02.040, 3.50.010, Rules of General Application Court Rule GR 29, and the Rules of Court, RALJ 5.1 through 6.4. Furthermore, the city of Fircrest municipal judge shall be an attorney.
(c) Jurisdiction. The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinance 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, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment therewith. All fees, costs, fines, penalties, forfeitures and other moneys imposed by and collected by the municipal court shall be paid into the current expense fund of the city. (Ord. 1314 § 1, 2002; Ord. 1077 § 1, 1994).
2.28.020 Municipal court hours.
The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the municipal court judge; provided, that the municipal court shall not be open on nonjudicial days. (Ord. 1314 § 2, 2002; Ord. 1077 § 8, 1994).
2.28.030 Rules of pleading, practice and procedure adopted by reference.
Repealed by Ord. 1314. (Ord. 1077 § 6, 1994).
2.28.040 Appointment and term of judge – Qualifications listed.
The judge of the municipal court shall be appointed by the city manager of the city, with the approval and concurrence of a majority of the city council, for a four-year term. Succeeding appointment shall be made in like manner by the fifteenth day of December preceding the end of every such four-year term. The person appointed as municipal judge shall be a citizen of the United States and of the state of Washington, and shall be an attorney in good standing, duly admitted to practice law before the courts of record in this state. (Ord. 1389 § 16, 2005; Ord. 1314 § 3, 2002; Ord. 1077 § 2, 1994).
2.28.045 Judicial vacancy.
Any vacancy in the municipal court due to a death, disability or resignation of the municipal court judge shall be filled by the city manager for the remainder of the unexpired term. The appointment shall be subject to confirmation of a majority of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. (Ord. 1314 § 4, 2002).
2.28.046 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 shall be filled by the city manager for the remainder of the unexpired term. The appointment shall be subject to confirmation by a majority of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter and Chapter 3.50 RCW, as amended by Chapter 258, Laws of 1984. (Ord. 1314 § 5, 2002).
2.28.050 Appointment of additional part-time judges – Judges pro-tem.
The position of such municipal judge shall be on a part-time basis. Additional part-time judges may be appointed by the municipal judge and shall have the same qualifications as provided in FMC 2.28.040, whenever the public interest and the administration of justice requires the appointment of an additional judge or judges. Each such judge pro tem shall take, subscribe and file an oath as is taken by the municipal judge. (Ord. 1255 § 1, 2000; Ord. 1077 § 3, 1994).
2.28.060 Salary of judges.
The salary or salaries of all judges, or judges pro-tem of the municipal court, shall be fixed by ordinance of the city council. (Ord. 1077 § 4, 1994).
2.28.070 Creation and authority of traffic violations bureau – Fees to be paid into current expense fund – Authority of municipal court judge.
Repealed by Ord. 1314. (Ord. 1077 § 5, 1994).
2.28.080 Penalty for persons convicted of violations by court.
For statutory provisions regarding penalty for persons convicted of violations by the Fircrest municipal court, see RCW 35.27.370(14) as amended. (Ord. 1077 § 7, 1994).
2.28.090 Service charge for returned checks.
A service charge of $35.00 shall be imposed upon any person who, in full or partial payment of a municipal court obligation, tenders a check, which is thereafter returned to the city as a result of insufficient funds in the person’s checking account. (Ord. 1328 § 2, 2003).
2.28.100 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 Fircrest municipal court may order the defendant to pay all or part of the medical care costs incurred by the city of Fircrest during the defendant’s confinement in any correctional facility.
(b) Proof of Care. The inmate medical request form or medical care document submitted to the court by the city of Fircrest shall be sufficient proof that the defendant received medical care while confined in a correctional facility as a result of a sentence of the Fircrest municipal court. In the event that the defendant appeals the assessment of the costs, 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. 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.
(d) Medical Care Costs. Each defendant shall be financially responsible for payment of the actual cost of care for each time he or she is provided medical care. In addition, each defendant shall pay the actual cost for each course of prescription medication that is prescribed to the defendant. In the event that a defendant requires transport by ambulance to a medical care facility, he or she shall pay the actual costs billed to the city for such transport.
(e) Notification. A defendant shall be notified, in the event he or she is provided medical care while confined in a correction facility, that he or she shall be responsible for payment of the cost of that care. The inmate shall also be notified that by receiving medical care he or she agrees that the costs of that care may be collected by the court and that those costs may be added to any other amount owing to the court, or, in the alternative, that the costs may be collected by utilizing the services of a collection agency or by any other legal means. (Ord. 1384 § 1, 2005).