Chapter 2.24


2.24.010    Established.

2.24.015    Jurisdiction.

2.24.020    Judge--Appointment.

2.24.030    Judge--Bond.

2.24.040    Judge--Salary.

2.24.050    Judge--Term.

2.24.060    Powers and procedures.

2.24.070    Repealed.

2.24.080    Court costs.

2.24.090    Restitution for emergency response expenses.

2.24.100    Stipulated orders of continuance/other deferred sentences.

2.24.110    Bailiff authority.

2.24.010 Established.

Pursuant to the powers granted by Chapter 3.50 RCW, as presently exists or hereafter amended, there is formally established an inferior court to be known and designated as a municipal court, which shall be entitled the “municipal court of Wapato,” which court shall have jurisdiction and shall exercise all powers by Chapter 3.50 RCW declared to be vested in the municipal court, 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. Except as may be provided in this chapter, Chapter 3.50 RCW shall be and is hereby adopted by reference as it now exists and may hereafter be amended. (Ord. 1307 §6(A), 2015:  Ord. 821 §1, 1984)

2.24.015 Jurisdiction.

The municipal court shall have exclusive jurisdiction over traffic infractions arising within the boundaries of the city of Wapato under city ordinances and the state Model Traffic Code, and exclusive original jurisdiction over all violations of city ordinances and state code provisions adopted herein either specifically or by reference within the city of Wapato; and such other jurisdiction as is conferred by RCW 3.50.020 and as it may be amended. (Ord. 1307 §19(A), 2015)

2.24.020 Judge--Appointment.

The mayor of the city shall appoint a municipal judge or judges as provided in Chapter 3.50 RCW. The person appointed shall be a citizen of the United States of America and the state of Washington and an attorney admitted to the practice of law before the courts within the state of Washington. An appointed municipal judge may be disqualified pursuant to RCW 3.50.045. (Ord. 1307 §6(B), 2015:  Ord. 821 §2, 1984)

2.24.030 Judge--Bond.

The municipal court judge shall execute a bond for the faithful performance of his duties in favor of the city pursuant to Chapter 2.12. (Ord. 1307 §6(C), 2015:  Ord. 821 §3, 1984)

2.24.040 Judge--Salary.

The salary of the municipal court judge shall be fixed by contract prior to January 1st of each succeeding calendar year. (Ord. 821 §4, 1984)

2.24.050 Judge--Term.

The term of the municipal court judge shall be upon such terms and conditions as are provided in Chapter 3.50 RCW. (Ord. 821 §5, 1984)

2.24.060 Powers and procedures.

All other powers and procedures as are authorized by Chapter 3.50 RCW are granted to and assured by the municipal court established in this chapter. The presiding municipal court judge may designate one or more persons as judges pro tem. (Ord. 1307 §6(D), 2015:  Ord. 821 §6, 1984)

2.24.070 Transfer of police court duties.

Repealed by Ord. 1307.  (Ord. 821 §7, 1984)

2.24.080 Court costs.

The municipal court judge shall impose the following court costs upon a convicted defendant:

A. A criminal conviction fee of forty-three dollars for each conviction of a defendant.

B. Court costs upon each conviction in the amount of one hundred twenty-five dollars.

C. In the event that a defendant demands a jury, a jury has been summoned by the court clerk and the jury is thereafter waived by the defendant or the defendant fails to appear at his pre-jury trial conference or the jury trial, the judge may impose the actual costs incurred by the court for providing the cancelled jury.

D. Where a deferred prosecution is granted, court costs shall be imposed in the amount of one hundred fifty dollars.

E. Costs shall also be imposed upon a defendant, whether convicted or not, for preparing and serving a warrant for failure to appear, in the amount of one hundred dollars per warrant issued.

F. Court costs of ten dollars shall be assessed for each summons issued for a non-appearance upon a signed notice to appear without being excused, whether there is a conviction or not.

G. The monetary penalty schedule, as adopted by the Supreme Court of the state in the Infraction Rules for Courts of Limited Jurisdiction, as amended, is adopted and incorporated in this section by reference, except that statutory and ordinance assessments shall be added thereto.

H. In all cases where the municipal court judge supervises the probation of a defendant in an alcohol and/or anger management program, the defendant shall be assessed an additional court cost of twenty dollars per month, up to two hundred forty dollars. A defendant may elect to have his or her program supervised by the Yakima County Probation Department rather than the judge.

I. A public safety and education assessment in the amount of up to seventy percent of the fine, forfeiture or penalties upon conviction pursuant to RCW 3.62.090.

J. A crime victim assessment in the amount of five hundred dollars for gross misdemeanor convictions or two hundred fifty dollars for misdemeanor convictions pursuant to RCW 7.68.035 if the city of Wapato has comprehensive services or programming provided to victims of crimes.

K. A fifty dollar fee for all violations of RCW Title 46 pursuant to RCW 46.64.055(1).

L. All actual fees and costs for booking and jail days.

M. An amount deemed reasonable by the judge for recoupment of public defender costs where appropriate.

All fine payments received by the municipal court shall be applied first to court costs and then to the amount of the fine, statutory assessments, and assessments established by ordinance. (Ord. 1307 §6(E), 2015:  Ord. 1038 §1, 1997:  Ord. 967 §1, 1994:  Ord. 835 §1, 1986:  Ord. 801 §1, 1981)

2.24.090 Restitution for emergency response expenses.

A. 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 who 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 Wapato 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 two thousand five hundred dollars for a particular incident.

B. In order for the municipal court judge to impose costs of emergency response, it is necessary that the emergency response costs be filed with the court prior to disposition of the matter.

C. Emergency response costs may be part of any plea agreement for any case where a person’s intoxication causes an incident that requires emergency response.

D. 1. For purposes of this section, the phrase “expense of an emergency response by a public agency” means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, firefighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.

2. The term “public agency” means the state and the city of Wapato, including the Wapato police department, Wapato fire department, Wapato 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. (Ord. 1307 §6(F), 2015:  Ord. 1154 §1, 2007)

2.24.100 Stipulated orders of continuance/other deferred sentences.

A defendant entering into a stipulated order of continuance or other deferred sentence, other than a deferred prosecution on a driving under the influence or similar charge, with the city shall pay a deferred fee of one hundred fifty dollars. The court also may assess an attorney recoupment fee of seventy-five dollars if the judge finds that a defendant represented by the public defender has the ability to make that payment as part of the continuance or deferral of the sentence. (Ord. 1307 §19(B), 2015)

2.24.110 Bailiff authority.

Bailiffs in the course of their duties shall have the authority to perform duties in the enforcement of court security, taking persons into custody as ordered by the judge, escorting persons to and from the courtroom, screening individuals for drugs or weapons, and intervening in violent situations to protect the innocent, including the use of necessary and reasonable physical force. (Ord. 1307 §19(C), 2015)