There is hereby created an inferior court, to be known and designated as a municipal court, which shall be entitled "the municipal court of Yarrow Point."
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
The municipal court of Yarrow Point shall have jurisdiction and shall exercise all powers in accordance with Chapter 3.50 RCW, as it now exists or is hereafter amended, together with such other powers and jurisdiction as are generally conferred upon such court by either common law or express state statute.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
The municipal court of Yarrow Point shall have exclusive original jurisdiction over the following matters:
A.
Traffic infractions arising under town ordinances;
B.
Criminal violations of town ordinances;
C.
Actions brought to enforce or recover license penalties or forfeitures declared or given by town ordinance or state statute.
This exclusive original jurisdiction shall include the power to hear and determine all causes enumerated above arising under town ordinances, and to pronounce judgment thereon. The municipal court of Yarrow Point is also empowered to forfeit cash bail or bail bonds and issue execution thereon.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
Repealed by Ord. 599.
(Ord. 488 § 1, 1999)
Costs in criminal actions may be imposed by the municipal court. All fees, costs, fines, forfeitures and other monetary requirements imposed by the municipal court for the violation of town ordinances shall be collected by the court clerk and, together with any revenues received by the clerk, shall be deposited with the town clerk/treasurer as part of the general fund of the town, or deposited in such other funds as may be designated by the laws of the state of Washington. These funds shall be retained or disbursed in accordance with RCW 3.50.100 and pursuant to town ordinances.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
The municipal court shall be open for regular sessions consistent with the schedule set by the Kirkland municipal court. The municipal judge shall establish the time for operation of court for regular and special sessions. The municipal judge shall have the authority to establish additional court dates if necessary to provide effective and efficient justice. This section shall not limit the actions of the municipal judge regarding items such as telephonic approval of search warrants, issuance of no contact orders or determinations as to probable cause.
(Ord. 488 § 1, 1999; Ord. 517 § 1, 2002; Ord. 599 § 1, 2009)
A.
Appointment of Judge. Within 30 days of the effective date of the ordinance codified in this chapter and no later than December 1, 1999, the mayor shall appoint a municipal judge who is qualified in accordance with RCW 3.50.040. The appointment shall be made in writing. The municipal judge shall serve a term of four years. On or before December 1st of the year in which the municipal judge's term expires, the mayor shall fill the position of municipal judge by appointment, in accordance with this section.
B.
Additional Judges. Additional full-time or part-time municipal judge positions may be filled in accordance with subsection A of this section, when the public interest and the administration of justice make such additional judge or judges necessary.
C.
Judges Pro Tem. Within 30 days of the effective date of the ordinance codified in this chapter, the mayor shall appoint a pro tem municipal judge who is qualified in accordance with RCW 3.50.040 to act in the absence, disability or disqualification of the regular municipal judge(s). The appointment shall be made in writing and shall specify the term of the appointment; however, the term shall not exceed beyond the term of the appointing mayor.
D.
Vacancies. Any vacancy in the municipal court due to death, disability, removal or resignation of a judge shall be filled for the remainder of the unexpired term in accordance with the procedure set forth in subsection A of this section. The appointed judge shall be qualified to hold the position of judge in accordance with RCW 3.50.040.
E.
Removal. A municipal judge or pro tem judge shall be removed only upon conviction or misconduct or malfeasance in office, removal by the Commission on Judicial Conduct or the Washington Supreme Court, or because of physical or mental disability rendering the judge incapable of performing the duties of the office. The municipal judge is subject to discipline by the Commission on Judicial Conduct and the Washington Supreme Court, as described in Chapter 2.64 RCW.
F.
Oath. Every judge of the Yarrow Point municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation:
I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the municipal court of the Town of Yarrow Point, according to the best of my ability. |
The oath shall be filed in the office of King County records and elections and with the Yarrow Point town clerk/treasurer.
G.
Compensation. The salary for said municipal judge and the pro tem municipal judge shall set by ordinance of the town council.
H.
Bond. Each municipal judge or pro tem judge shall give such bonds to the state and town for the faithful performance of the judge's duties as required by state law or town ordinance.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
Repealed by Ord. 599.
(Ord. 488 § 1, 1999)
Each witness who appears as directed by subpoena on town cases shall receive a witness fee of $10.00 plus mileage for each day's attendance at the Yarrow Point municipal court. These fees may be included in the costs that are imposed by the court upon a defendant.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
Jury trials shall be allowed in accordance with RCW 3.50.135 or in accordance with state law applicable to a particular matter. In accordance with RCW 3.50.135, each juror shall receive $10.00 plus mileage at the rate determined under RCW 43.03.060, as it may be amended from time to time, for each day in attendance upon the Yarrow Point municipal court. These fees may be included in the costs that are imposed by the court upon a defendant.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
The administrator of the court shall collect all fees applicable for reproduction of any documents or tapes as set by court policy, rule or Rules of Appeal for Courts of Limited Jurisdiction.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of the Municipal Court of Yarrow Point, State of Washington" surrounding the vignette.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
A transfer of a case from the municipal court to either another Yarrow Point municipal judge or a judge pro tem shall be allowed as provided by RCW 3.50.125.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
The municipal judge shall have the broadest authority and discretion consistent with the Yarrow Point Municipal Code and state law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing, and termination of probation, the municipal judge shall follow applicable state law, including RCW 3.50.300 through 3.50.340 and 3.50.440.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
All criminal process issued by the municipal court shall be in the name of the state of Washington and run throughout the state, and be directed to and served by the chief of police, marshal, or other police officer of any town or to any sheriff in the state.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
All criminal prosecutions for violation of any town ordinance shall be conducted in the name of the town and may be upon the complaint of any person, subject to the procedures set forth in all applicable ordinances or statutes.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)
Pleadings, practice and procedure in cases not governed by Chapter 3.50 RCW or other statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts.
(Ord. 488 § 1, 1999; Ord. 599 § 1, 2009)