Chapter 2.22 MUNICIPAL COURT

Chapter 2.22
MUNICIPAL COURT

Sections:

2.22.010 Operation of municipal court.

2.22.020 Effect on proceedings.

2.22.030 Court-related fee schedule.

2.22.040 Crime prevention fund assessment.

2.22.045 Domestic violence conviction assessment.

2.22.050 Professional services for indigent defense.

2.22.060 Requirements for judge.

2.22.070 Sumas electronic home detention program.

2.22.010 Operation of municipal court.

The operation of the municipal court shall continue from and after July 1, 1984, in accordance with municipal court system provisions as set forth in Chapter 3.50 RCW as it now exists and as it hereinafter is amended. (Ord. 882 § 1, 1984)

2.22.020 Effect on proceedings.

This chapter shall not affect any proceedings which may be pending before the municipal court on July 1, 1984, and shall not affect the operation of the municipal court or any of the prior ordinance provisions except to the extent that said operations and/or provisions are clearly inconsistent with Chapter 3.50 RCW. (Ord. 882 § 2, 1984)

2.22.030 Court-related fee schedule.

(a) The fee for jurors is twenty-five dollars.

(b) The witness fee is twenty dollars.

2.22.040 Crime prevention fund assessment.

(a) In any case where an accused has been convicted in Sumas municipal court of any drug and/or alcohol related crime, there shall be, in addition to any fine levied, as assessment (assessment) as part of the costs in an amount not to exceed one hundred fifty dollars per conviction, which assessment shall be paid into the city’s crime prevention fund (fund). The fact that this penalty is imposed on each conviction shall not in any way reduce the obligation of the accused to pay the fine prescribed by ordinance and/or the court for the crime to which the conviction applies; provided, however, that total monetary penalties, including said assessment, shall not exceed the maximum fine allowed by the Revised Code of Washington for the offense charged.

(b) The city is authorized in administering the fund to contribute at its discretion up to twenty percent of the assessments received by said fund under this section to the Everson D.A.R.E. program for the purpose of funding D.A.R.E. promotions and activities in the Nooksack Valley School District area including, but not limited to, the city of Sumas. (Ord. 1094 §§ 1, 2, 1993)

2.22.045 Domestic violence conviction assessment.

A. The Sumas municipal court may impose a penalty assessment not to exceed one hundred dollars on any person convicted of a crime involving domestic violence. This assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fine, or cost provided by law.

B. “Domestic violence,” as used in this section, shall have the same meaning as that term is defined under RCW 10.99.020, as it now exists or as hereafter amended, and shall include violations of equivalent local ordinances.

C. “Convicted,” as used in this section, includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. Nothing contained in this section is intended to prevent the court from imposing this assessment in the event of a plea, stipulation or other agreement between the parties, when a person has been charged with a crime involving domestic violence. (Ord. 1530 § 1, 2009)

2.22.050 Professional services for indigent defense.

A. Professional services for indigent defense for the Sumas municipal court shall be provided pursuant to contract as approved from time to time by the city of Sumas.

B. In the event the Sumas municipal court judge is required to assign counsel (“conflict counsel”) for indigent defense other than the attorney under contract with the city, conflict counsel shall be paid the sum of three hundred fifty dollars per assigned case other than bench trials or jury trials. Conflict counsel shall be paid the rate set forth in the city’s contract for indigent defense for bench trials and jury trials. (Ord. 1557 § 1, 2010: Ord. 1159 § 1, 1995)

2.22.060 Requirements for judge.

A person appointed as a full-time or part-time judge, or as a judge pro-tem, for the municipal court of the city of Sumas shall be a citizen of the United States, a resident of the state of Washington, and an attorney admitted to practice law before the courts of record of the state of Washington. (Ord. 1241 § 1, 1998)

2.22.070 Sumas electronic home detention program.

A. An electronic home detention program is hereby established to provide a form of misdemeanant supervision services.

B. The program shall be operated in a manner consistent with public safety, and in accordance with the minimum standards set by, and provisions of, federal, state, and local laws, and with such other standards, procedures, rules and regulations as may be promulgated from time to time by the city council for the city of Sumas. The city of Sumas may contract with independent contractors to perform monitoring and supervision of participants in the program.

C. Convicts, as well as defendants who are committed to jail while awaiting trial or sentencing, and who are not precluded by court order from serving such commitment in the city’s electronic home detention program and who meet the minimum standards established by the municipal court, may serve their incarceration in an electronic home detention program. Eligibility standards for electronic home detention shall be established by resolution of the city of Sumas city council. The process for determining whether a defendant meets the eligibility standards shall be established by the Sumas municipal court. The Sumas municipal court presiding judge shall determine whether a convicted defendant meets the eligibility criteria for electronic home detention.

D. The city of Sumas city council may from time to time by council resolution authorize a fee subsidy plan to be implemented by the Sumas municipal court in order to ensure maximum participation in the program. (Ord. 1727 § 1, 2018)