[1]
Editor's Note: See now MCLA § 6000.9921.
The Justice Courts of the City of Coldwater are hereby abolished, effective July 4, 1961, and the powers, jurisdictions, and duties of said courts are hereby consolidated into one court to be presided over by a Municipal Judge who is a qualified resident elector of the city and is an attorney admitted to practice law in the Supreme Court of Michigan immediately preceding the date of his appointment or election. Such court shall be known and designated as the "Municipal Court of the City of Coldwater." The Municipal Court shall be located in the City Hall or in such other place as the Council shall prescribe by ordinance.
The Council may provide for the office of Associate Municipal Judge in accordance with and subject to the provisions of Act No. 109 of the Public Acts of 1947.
Neither the Municipal Judge, nor any Associate or Substitute Municipal Judge, shall sit in or preside over any case in which either he or his business partner is attorney or counsel for any party in the case.
(a) 
The Municipal Judge shall be compensated by the City of Coldwater by a salary in such sum and in such manner as the Council shall determine, but not less than $7,500, nor more than $10,000, per year. No action of the Council determining the salary of the Municipal Judge shall be taken less than 30 days before the last day for filing nominating petitions for election to that office at the next regular city election. In the event that no change is so made, the compensation of the Municipal Judge during the previous term shall continue as the compensation of the Municipal Judge after he has been elected and assumes his office.
(b) 
The salary of the Municipal Judge shall be in lieu of all fees, both in civil and criminal cases, to which the Municipal Judge might be entitled, but for the provisions of this Section. Such fees, in civil cases, shall be collected by the Municipal Judge and turned over by him to the Treasurer on the first and 15th day of each month, or as otherwise required by law. Such fees in criminal cases shall be charged and collected and presented to and audited by the Board of Supervisors of Branch County in the same manner and amounts as provided by law in the case of Justices of the Peace in townships. Upon allowance by the Board of Supervisors, such fees shall be paid monthly by the County Treasurer to the Treasurer of the city for the use and benefit of the city. The Municipal Judge shall turn over to the Treasurer all fines and costs collected by him for violations of this charter and of the ordinances of the city. He shall account for and turn over to the County Treasurer of Branch County all fines and costs received by him in connection with State criminal cases, in the manner and with like effect as provided by law relative thereto. All such costs returned to him by the County Treasurer shall be paid over to the City Treasurer promptly upon the receipt thereof.
The term of office of the Municipal Judge shall be six years and shall commence on the first day of January following his election. Except in the case of the first Municipal Judge, each person who is appointed to fill a vacancy in that office shall assume office upon his appointment and shall serve for a term ending on the first day of January following the next regular city election, at which time the person who was elected to the office of Municipal Judge at the preceding election shall assume the duties of the office.
The Municipal Judge is empowered to receive, and shall take from the Justices of the Peace herein abolished, all files, records, and dockets kept by them pertaining to their offices. He shall be empowered to issue executions according to the law as if said judgment were rendered by him. He shall, further, have transferred to him any or all actions or proceedings pending in either of the said offices so abolished, and shall have full jurisdiction to proceed with such actions or proceedings in the same manner as if they had been brought before him originally.
(a) 
The Municipal Judge shall have the same powers, jurisdictions, and duties as were by the previous charter of the city and by law conferred upon the Justices of the Peace herein abolished and all provisions of law relative to jurisdiction which governed said Justices of the Peace shall equally govern the Municipal Court, unless they are inconsistent with this chapter and the Municipal Court herein established.
(b) 
The Municipal Court shall have exclusive jurisdiction in the trial of actions involving violations of this charter and of ordinances of the city, subject to appeals therefrom to the Circuit Court for the County of Branch and the Supreme Court.
(c) 
The Municipal Court shall have such original jurisdiction as is provided by law for justices of the peace and municipal courts, including Act No. 5 of the Public Acts of 1956, as amended, in civil and criminal actions and, as provided and permitted in that act, shall have concurrent jurisdiction with the Circuit Court for the County of Branch in all civil actions and actions of replevin wherein the debt or damages claimed or the value of the property involved, as the case may be, does not exceed $1,000. Should any law permit the Court to have a higher dollar limit jurisdiction at any time, the Court shall have jurisdiction to the amount of such higher limit, without the necessity of amending this charter or any action by the Council.
(d) 
The Municipal Court shall have the same jurisdiction, power, and authority to set aside a verdict or judgment and grant a new trial therein, upon timely and legal cause shown, as the Circuit Courts of the State possess, in accordance with the provisions of Section 28 of Act No. 279 of the Public Acts of 1909, as amended, pertaining thereto. The filing of a motion for a new trial or to set aside a verdict or judgment shall have such effect on the time for taking an appeal, the issuance of levy of an execution, and other proceedings as provided and permitted to Municipal Courts in said Section 28 of Act No. 279 of the Public Acts of 1909, as amended.
(e) 
The Municipal Court shall have the jurisdiction herein granted in all townships throughout the County of Branch.
The Council shall provide proper accommodations for the Municipal Court and may provide, by ordinance, for the hours and times that such Court shall be in session.
The Council may provide for a Court Clerk for the Municipal Court and prescribe by ordinance the duties thereof. Such Court Clerk and Deputy Clerk or Clerks shall, by virtue of their office, be empowered to administer oaths and do all things required of and permitted to them by Section 28 of Act No. 279 of the Public Acts of 1909, as amended, subject to audit as in such section required.
As provided and permitted by Act No. 5 of the Public Acts of 1956, as amended, such act shall apply to and govern the Municipal Court, except as the same may be inconsistent with Section 28 of the Public Acts of 1909, as amended.
The Municipal Judge shall give bond to the city and to the County of Branch in the sum of $5,000 for the faithful performance of the duties of his office and the requirements of law.
The Municipal Judge shall appoint a Constable, subject to the confirmation of the Council before such appointment shall be final. Such Constable shall serve for an indefinite term and may be removed by the Municipal Judge. In all other respects, he shall be subject to the provisions of this charter concerning officers of the city. The Constable shall have all of the powers conferred upon Constables by law and shall do and perform all acts and duties required of Constables by law. At the request and direction of the Municipal Judge, the Constable shall be the court officer of the Municipal Court and shall be responsible to the Municipal Judge for the maintenance of order in the court room and for the custody of violators of the provisions of this charter and of the ordinances of the city while such persons are in the court. With the consent of the Chief of Police, the Constable may be one of the members of the police department of the city. As his compensation, the Constable shall be entitled to the fees to which constables are entitled by law. In addition to such compensation, the Council may provide for the payment of such additional salaried compensation as it deems proper. If the Constable is a member of the police department of the city and receives a salary from the city for his duties as a police officer, he shall not receive any additional salary for his duties as a Constable.
The Court shall have power to establish a violations bureau, comparable to the provisions of Act No. 85 of the Public Acts of 1953. In addition to violations of the traffic ordinances, the said bureau shall also assist the court in the disposition of such other ordinance violations which may lawfully be handled by such bureau, as the Council shall prescribe. Any person who has received notice to appear in answer to any such violation may, within the time specified in the notice, answer at the violations bureau to the charge set forth in such notice by paying a prescribed fine, which fine cannot be waived by the bureau and, in writing, pleading guilty to the charge, waiving a hearing in court and giving power of attorney to the person in charge of the bureau to make such a plea and pay such a fine in court. Acceptance of the prescribed fine and the power of attorney by the bureau shall be deemed to be complete satisfaction for the violation, and the violator shall be given a receipt which so states. The creation of such a bureau by the Court shall not operate so as to deprive any person of the right to a full and impartial hearing in court, either with or without jury, should such person so choose.