Chapter 2.35


2.35.010    Court established – Jurisdiction.

2.35.020    Court – Location and hours open.

2.35.030    Pleadings – Practice – Procedure.

2.35.040    Appointment of judge.

2.35.050    Judges pro tem.

2.35.060    Court costs.

2.35.070    Emergency response costs – Restitution.

2.35.080    Powers of municipal court in conduct of judicial proceedings – Contempt of court.

2.35.010 Court established – Jurisdiction.

There is created and reestablished pursuant to Chapter 3.50 RCW, as amended by Chapter 258, Laws of 1984, a court of limited jurisdiction to be known and designated as a municipal court entitled “the municipal court of the city of Toppenish,” which court shall have exclusive, original criminal jurisdiction of all violations of city ordinances and shall have original jurisdiction of all other actions brought to enforce and recover license penalties or forfeitures declared or given by such city ordinances or by state statutes. The municipal court shall, further, have jurisdiction and shall exercise all other powers granted to municipal courts by common law or by state statute. (Ord. 2004-4 § 1, 2004).

2.35.020 Court – Location and hours open.

The municipal court shall be located in the city of Sunnyside and be open and shall hold regular sessions on such days during such hours as the municipal judge shall prescribe, but shall not be less than once each week. (Ord. 2017-05 § 1, 2017; Ord. 2004-4 § 1, 2004).

2.35.030 Pleadings – Practice – Procedure.

Pleadings, practice and procedure in cases not governed by statute or rules specifically applicable to municipal courts shall insofar as applicable be governed by the statutes and rules now existing, including the applicable provisions of RCW Title 3, or as may hereinafter be adopted as governing the pleadings, practice and procedures applicable to courts of limited jurisdiction. (Ord. 2004-4 § 1, 2004).

2.35.040 Appointment of judge.

The judge of the municipal court shall be appointed by the city manager, subject to the confirmation by the city council, for a term of office in accordance with the procedures for appointment of municipal court judges as provided in Chapter 3.50 RCW. The person appointed as municipal court judge shall be a United States citizen and a citizen of the state, and an attorney duly admitted to practice law before the courts of record in the state. The position of such municipal court judge shall be on a part-time basis. An additional part-time judge may be appointed by the city manager subject to approval of the city council in the same manner as hereinabove set forth, whenever public interest and the administration of justice requires the appointment of such additional judge. (Ord. 2004-4 § 1, 2004).

2.35.050 Judges pro tem.

The presiding municipal court judge may designate one or more persons as judges pro tem to serve in the absence or disability of the presiding judge, subsequent to the filing of an affidavit of prejudice, or in addition to the presiding judge when the administration of justice and the accomplishment of the work of the court make it necessary. A judge pro tempore shall be a citizen of the United States and of the state of Washington, and shall be an attorney admitted to practice before courts of record of the state of Washington. Judges pro tempore shall have all the powers of the presiding judge when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by the presiding judge. (Ord. 2011-9 § 2, 2011).

2.35.060 Court costs.

A. In the Toppenish municipal court, costs shall be assessed for expenses incurred by the city in prosecuting the defendant. Except as stated, these costs shall only be imposed upon a convicted defendant and shall not be suspended, deferred or reduced, shall be in addition to any fine imposed by the court and in addition to any other assessments levied by state law, and shall be cumulative:

1. For conviction of any crime, whether by trial or by plea or by stipulation, a charge of $250.00 shall be imposed, which sum shall be remitted to the city along with the state mandated filing fee of $43.00.

2. For a deferred prosecution, $540.00.

3. For the issuance of a warrant for failure to appear, whether convicted or not, $100.00.

4. For a jury trial, $10.00 per juror per day, plus mileage for each juror at the rate determined under RCW 43.03.060.

5. For the costs of incarceration, up to $50.00 per day, which must be remitted to the city for criminal justice purposes. Payment of other court-ordered financial obligations and costs of supervision take precedence over the costs of incarceration.

6. For emergency response expenses incurred by the city in responding to an incident resulting from the intoxication of a defendant, up to $2,500.

B. The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant, the nature of the burden that payment of costs will impose, and whether payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family. The court may grant permission for payment to be made within a specified period or in installments. If no such permission is included in the sentence, the fine or costs shall be payable forthwith.

C. For infractions, the monetary penalty schedule, as adopted by the Supreme Court of this state in the infraction rules for courts of limited jurisdiction, is adopted and incorporated in this section by this reference, except that statutory assessments shall be added thereto.

D. Administrative Costs – Stipulated Orders of Continuance. The municipal court judge shall be authorized to impose administrative costs in the amount of $200.00 for entry of each stipulated order of continuance. (Ord. 2016-05 § 1, 2016; Ord. 2007-10 § 1, 2007; Ord. 2004-4 § 1, 2004).

2.35.070 Emergency response costs – Restitution.

Pursuant to RCW 38.52.430, a person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for driving while under the influence of intoxicating liquor or any drug, is liable for the expense of an emergency response by a public agency to the incident. The municipal court judge is authorized to impose such amount, as restitution, against any person which has been found guilty of or who has had their prosecution deferred for driving while under the influence of intoxicating liquor or any drug, which conviction pursuant to RCW 46.61.502 occurs within the Toppenish municipal court; provided, that in no event shall a person’s liability for restitution under this section for the expense of an emergency response exceed $2,500 for a particular incident. For purposes of this section, the phrase “expense of an emergency response by a public agency” includes, but is not limited to, charges authorized by city ordinance establishing rates and charges for ambulance response, and hourly rate or rates for law enforcement officers which responded to the particular incident. The hourly rate shall be determined in accordance with that rate established from time to time by the city of Toppenish. The term “public agency” for the purposes of this section includes, but is not limited to, the Toppenish police department, Toppenish fire department, Toppenish public works department, and any other law enforcement agency or department thereof, and any other municipal corporation or department thereof, which provided emergency response services to the incident. The receipt of all funds authorized pursuant to this section shall be received by the Toppenish municipal court and shall be applied as provided in TMC 2.35.060. (Ord. 2017-05 § 2, 2017).

2.35.080 Powers of municipal court in conduct of judicial proceedings – Contempt of court.

A. Powers. The Toppenish municipal court has the following powers:

1. To preserve and enforce order in its immediate presence;

2. To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation under its authority;

3. To provide for the orderly conduct of proceedings before it or its officers;

4. To compel obedience to its judgments, decrees, orders and process, and to the orders of a judge out of court, in an action suit or proceeding pending therein;

5. To control, in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;

6. To compel the attendance of persons to testify in an action, suit or proceedings therein, in the cases and manner provided by law;

7. To administer oaths in an action, suit or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties.

B. Contempt of Court. For the effectual exercise of the powers specified in subsection A of this section, the court may punish for contempt in the cases and the manner provided by law. A failure to attend as required by subpoena shall also be considered a contempt of court as provided herein, and in RCW 5.56.061, Chapter 7.21 RCW and RCW 9.92.040, as such statutes now exist or are hereafter amended, which statutes are herein adopted by reference.

The municipal court judge is empowered and authorized to impose a fine of up to $1,000 for each act of contempt of court, and to impose costs for each such act in an amount up to $1,000. (Ord. 2017-05 § 3, 2017).