1-9 MUNICIPAL COURT

CHAPTER 9
MUNICIPAL COURT

SECTION:

1-9-1: Municipal Court Established

1-9-2: Jurisdiction Pursuant To Statute

1-9-3: Municipal Judge And Municipal Judge Pro Tempore

1-9-4: Bank Checking Account

1-9-5: Assessment Of Healthcare Costs For Inmates

1-9-1 MUNICIPAL COURT ESTABLISHED:

There is hereby established an inferior court to be entitled the "municipal court of Roy." (Ord. 97, 12-11-1961)

1-9-2 JURISDICTION PURSUANT TO STATUTE:

A. Jurisdiction And Powers: The municipal court of Roy shall have the jurisdiction and shall exercise all the powers declared to be vested in said court by RCW 3.50.003 et seq., together with such other powers and jurisdiction generally conferred in the state of Washington, either by common law or by express statute, upon said court.

B. Court Practice And Procedure: The court practice and procedure established in RCW 3.50.003 et seq., are hereby adopted as the practice and procedure for the municipal court of Roy. (Ord. 97, 12-11-1961; amd. 2006 Code)

1-9-3 MUNICIPAL JUDGE AND MUNICIPAL JUDGE PRO TEMPORE:

A. Municipal Judge:

1. The position of municipal judge is hereby created and established. The municipal judge shall be appointed by the mayor.

2. The term of office shall be four (4) years as provided in RCW 3.50.040.

3. The person so appointed as municipal judge shall be a citizen of the United States of America and of the state of Washington and need not be an attorney. The person so appointed as municipal judge need not be a resident of the city.

4. In the event an attorney is appointed, then the attorney shall be duly admitted to practice before the courts of record of the state of Washington.

B. Municipal Judge Pro Tempore:

1. The position of municipal judge pro tempore is hereby created and established. The presiding municipal court judge may designate one or more persons as the municipal judge pro tempore. The judge is responsible for determining the qualifications of, selecting and establishing a training program for a judge pro tempore to serve in the absence of the judge.

2. The person so appointed as municipal judge pro tempore shall be a citizen of the United States of America and of the state of Washington and need not be an attorney. The person so appointed as municipal judge pro tempore need not be a resident of the city.

3. In the event an attorney is appointed, then the attorney shall be duly admitted to practice before the courts of record of the state of Washington.

4. The municipal judge pro tempore, while so acting, shall have all the powers of the municipal judge.

C. Compensation: The municipal judge and the municipal judge pro tempore shall receive as compensation for their services the amount established by the city council in the annual budget. The judge’s compensation shall not be diminished during his or her judicial term, unless the judge is removed from office as provided by law. (Ord. 336, 12-9-1985; Ord. 887, 3-11-2013)

1-9-4 BANK CHECKING ACCOUNT:

The city council hereby authorizes the municipal court judge to establish a bank checking account in a bank to be named by the city council by resolution. (Ord. 171, 11-12-1973; amd. 2006 Code; Ord. 918, 10-13-2014)

1-9-5 ASSESSMENT OF HEALTH CARE COSTS FOR INMATES:

A. In General:

1. Order Defendant To Pay: As part of its judgment and sentence, whether executed, suspended, or deferred, the municipal court may order a defendant to pay for all or part of any health care costs that the city incurs as a result of the defendant’s confinement in any correctional facility. Such health care costs shall include the actual cost billed to the city for:

a. Any medical or dental care the defendant receives while incarcerated;

b. Any medications prescribed to the defendant while incarcerated; and

c. Each transport of the defendant by ambulance from the correctional facility to a health care facility.

2. Notification To Defendant: At judgment and sentence, the court shall notify the defendant:

a. That he or she is responsible to pay for any health care costs described in subsection A of this section.

b. That by receiving any such health care, he or she agrees that the court may collect the cost of that care using a collection agency or any other legal means and add it to any other amount the defendant owes to the court.

B. Proof Of Health Care Costs: An inmate health care request form or similar health care document submitted to the municipal court shall be sufficient proof that the defendant received health care while confined in a correctional facility as a result of a municipal court sentence. If the defendant contests a health care costs assessment by the court, the health care request form or health care document shall be admitted into evidence to show that the defendant was provided health care. The court may add any proven health care costs to any other amounts that the defendant owes to the court.