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HomeMy WebLinkAbout1996-068 Creating Municipal CourtORDINANCE NO. 96 -6A_ AN ORDINANCE relating to City government administration, creating a municipal court to commence operation January 1, '1997, authorizing a violations bureau to operate under the supervision of the municipal court, providing for the appointment of a municipal court judge and judges pro tem, establishing fees for the provision of court services, providing probation services and establishing fees therefore, and adding a new chapter, Chapter 1 60, "Municipal Court" and adding new sections, Sections 1 60010, 1 60020, 1 60 030, 1 60 040, 1 60 050, 1 60 060, 1 60 070, 1 60 080, 1 60 090, 1 60 100, 1 60 110, 1 60 120, 1 60 130, 1 60 140, 1 60 150, 1 60 160, 1 60 170, 1 60 180, 1 60 190, 1 60200, and 1 60 210, all of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Chapter 1 60 and Sections 1 60 010, 1 60 020, 1 60 030, 1 60 040, 1 60 050, 1 60 060, 1 60 070, 1 60 080, 1 60 090, 1 60 100, 1 60 110, 1 60 120, 1 60 130, 1 60 140, 1 60 150, 1 60 160, 1 60 170, 1'60 180, 1 60 190, 1 60 200, and 1 60 210 are hereby enacted as a new chanter and new sections • of the City of Yakima Municipal Code to read as follows "Chapter 1.60 MUNICIPAL COURT 1.60.010 Creation. The municipal court of Yakima is hereby created, which shall have jurisdiction and exercise all powers vested in a court by state law including but not limited to Chapter 3 50 RCW as it now exists or may hereafter be amended, together with such other powers and jurisdiction as is generally conferred on such courts in Washington, either by common law or express statute The municipal court shall commence operation January 1, 1997 1.60.020 Jurisdiction. The Yakima municipal court shall have exclusive original jurisdiction over traffic infractions arising under City ordinances, and exclusive criminal jurisdiction of all violations of City ordinances The court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared by City ordinance or state statute The court is also • empowered to forfeit cash bail or bail bonds and issue execution Page 1 • thereon, and in general to hear and determine all causes, civil or criminal, including traffic, parking and animal control infractions, arising under City ordinances, and to pronounce judgment in accordance therewith Finally, the court shall have jurisdiction as generally conferred upon such court in this state either by common law or by express statute 1.60.030 Violations Bureau. A Creation The Yakima violations bureau is hereby created to operate under the supervision of the municipal court to assist the court in processing traffic cases The violations bureau created by this section shall commence operation January 1, 1997, and, shall take over processing of all matters which were being processed as of December 31, 1996 by the violations bureau which operated under that grant of authority from the Yakima County district court, dated December 31, 1980 Day -to -day operations of the violations bureau shall be supervised by the court administrator B Processing The violations bureau is authorized to perform all the functions -which a city may authorize a violations bureau to perform under RCW Chapter 3 50 as it now exists or may hereafter be amended The violations bureau shall operate in conformity with state statutes such as RCW Chapter 46 63 and RCW 3 50 030 as they now exists or may hereafter be amended All penalties and forfeitures paid to the violations bureau shall be handled in the same manner as municipal court revenue 1.60.040 Municipal Judge. A Appointment Within thirty days after the effective date of this ordinance, the City Manager shall appoint a municipal judge subject to confirmation by the City Council Such appointment shall be effective until the next regularly scheduled judicial election B Term The initial appointment of a judge under this ordinance shall expire December 31, 1997 Thereafter, the municipal court judge shall serve a term of four (4) years C Election In accordance with the provision of RCW 3 50 055 as it now exists or may hereafter be amended, the municipal fudge shall be elected to office effective January 1, 1998 Such judge shall be elected, in the same manner as other elective City officials in accordance with state statutes as now enacted or hereinafter amended D Additional Judges/ Court Commissioners Additional full- or part -time municipal judge positions may be filled as ® provided in paragraphs A and C of this section, when the public interest and the administration of justice makes such additional Page 2 ITS _V� _ -- • judge or judges necessary, and so long as that procedure is in compliance with state statutes, such as RCW 3 50 055 as they now exists or may hereafter be amended One or more court commissioners may be appointed by the municipal court fudge Each commissioner shall hold office at the pleasure of the appointing judge A commissioner must be a lawyer who is admitted to practice law in the State of Washington or a nonlawyer who has passed the qualifying examination for lay judges for courts of limited jurisdiction under RCW 3 34 060 as it now exists or may hereafter be amended E. Judges Pro Tern The City Manager shall, in writing, appoint judges pro tem who shall' act in the absence, disability, or disqualification of the regular fudge of the municipal court. A pro tem judge's term of appointment shall also be specified in writing, but in any event shall not extend beyond the City Manager's termination of employment. The judges pro tem shall be qualified to hold the position of fudge of the municipal court as described in this section The pro tem judges shall receive such compensation as shall be fixed by the ordinances of the City When deemed necessary by the City Manager or designee, the City Manager or designee may make a temporary appointment of a judge pro tem, to preserve an individual's rights according to law, • or to respond to emergency circumstances, effective for up to one week. Such temporary appointment shall be the same as other appointments of judges pro tem, except that the appointment and term thereof do not need to be in writing and the oath of office may be orally sworn to or affirmed before the court administrator or court clerk. F Vacancy Any vacancy in the municipal court, due to death, disability or resignation of a fudge, shall be filled by the City Manager, for the remainder of the unexpired term The appointment shall be subject to the confirmation of the City Council The appointed fudge shall be qualified to hold the position of fudge of the municipal court as provided in this section G Removal A municipal court fudge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office, provided that, a municipal court judge is also subject to disciplinary actions by the Commission of Judicial Conduct and the Washington State Supreme Court, as described in RCW Chapter 2 64 as it now exists or may hereafter be amended H Oath Every judge of the municipal court, before ® entering upon the duties of the office, shall take and subscribe the following oath or affirmation Page 3 '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 fudge of the municipal court of the City of Yakima, according to the best of my ability ' The oath shall be filed in the office of the Yakima County recorder and with the City Clerk. I Bonds Every municipal court judge shall give such bonds to the State and City for the faithful performance of the judge's duties as may be required by law or City ordinance J Compensation Pursuant to RCW 3 50 080 as it now exists or may hereafter be amended, the compensation for municipal court fudges 'shall be set by the City Council by ordinance The City shall enter into a contract with the appointed fudge for professional services K. Qualifications A person appointed or elected as a full or part time municipal court judge shall be a citizen of the United States of America and of the State of Washington, and an attorney • admitted to practice law before the courts of record of the State of Washington 1.60.050 Witness Fees. Each witness subpoenaed for City cases who appears as directed shall receive a witness fee of ten dollars ($10 00) plus mileage for each day's attendance at the Yakima municipal court. The fees may be included in the costs that are imposed by the court upon a defendant. Such fees shall be paid as provided in Yakima Municipal Code Chapter 172 as it now exists or may _ hereafter be amended 1.60.060 Jury Trial and Fee. A jury trial shall be allowed as specifically provided for municipal courts or in accordance with state law applicable to a particular matter In accordance with state law, including but not limited to RCW 3.50135 as they now exists or may hereafter be amended, each furor shall receive ten dollars ($10 00) plus mileage as determined under RCW 43 03 060, as it now exists or may hereafter be amended, for each day in attendance upon the Yakima municipal court. These fees may not be included in the costs that are imposed by the court upon a defendant. A ,fury fee ® of twenty -five dollars ($25 00) shall be imposed upon each nLe convicted person and shall be incurred at the time the matter is scheduled for fury trial following status conference 1.60.070 Fees for Court Services. The administrator shall collect the following fees for court services (1) The filing fee for any case or matter to be filed or commenced other than by the City of Yakima is seventy -five dollars ($75 00) (2) The fee for preparing a transcript of a judgment is six dollars ($6 00) (3) The fee for certifying a document on file or of record is five dollars ($5 00) (4) The fee for preparing the record of a case for appeal to superior court is forty dollars ($40 00), including any cost of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ) (5) The fee for duplication for part of all of the electronic tape or tapes of a proceeding is ten dollars ($10 00) per tape • The fees or charges imposed under this section may be included in the costs that are imposed by the court upon a defendant or other person 1.60.080 Disposition of Revenue. Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures, and other money imposed by the municipal court for the violation of a City ordinance shall be collected by the court, and, together with any revenues received by the court shall be deposited in the City treasury, as provided by City procedures or state law These funds shall be retained or disbursed pursuant to City ordinances or policies and state law 1.60.090 Sessions. The municipal court shall be open for regular sessions Monday through Friday of each week. The time for operation of court on those days shall be established by the municipal judge. The City Council shall have the authority to establish, by resolution, night court. The municipal court judge shall have the authority to establish additional court dates, by order of the municipal court, to provide effective and efficient administration of justice However, the court shall not be open on non - judicial days, as established by state law. This section shall not act as a Pale 5 ./;� Lr limitation of 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 1.60.100 Municipal Court Seal. The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of the Municipal Court of Yakima, State of Washington" surrounding the vignette 1.60.110 Case Transfers. A transfer of a case from the municipal court to either another municipal fudge of the City of Yakima or to a fudge pro tem appointed in the manner prescribed by this chapter shall be allowed as provided in state law including but not limited to RCW 3 50 125 as they now exists or may hereafter be amended 1.60.120 Sentencing. The municipal fudge shall have the broadest authority and greatest discretion consistent with Yakima Municipal Code and state law, as they now exists or may hereafter be amended, with respect to sentencing and probation In matters of execution of • - sentence, deferral of sentence, continued jurisdiction after sentencing, and termination of probation, the municipal judge shall be guided by applicable state law, such as RCW 3 50 300 through 3 50 340, and RCW 3 50 440 as they now exists or may hereafter be amended 1.60.130 Criminal Process. All criminal processes 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 the police officer of any city, or to any sheriff in the state. 1.60.140 Complaints. All criminal prosecutions for the violation of a City ordinance shall be conducted in the name of the City and may be, upon the complaint of any person, subject to the procedures set forth in all applicable ordinances or statutes. 1.60.150 Pleadings, Practice and Procedure. Pleadings, practice and procedure in cases not governed by 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 procedures applicable to district courts, particularly the Page 6 • Washington Rules of Court, Criminal Rules for Court of Limited Jurisdiction, Infraction Rules for Courts of Limited Jurisdiction, and Local Rules of the District Court for Yakima County • • 1.60.160 Probation Services - Creation. There is hereby created a Probation Services for the City of Yakima which shall supervise persons granted probation by the Municipal Court of Yakima Probation Services shall provide pre - sentence and after sentence investigative services, monitor deferred prosecutions, supervise alcohol /drug /mental heath referrals, monitor collection of fines, fees and restitution, monitor community service, supervise, in conjunction with the police department, day detention, home detention and other sentencing alternatives and monitor and enforce any and all other conditions as set forth by the court. 1.60.170 Probation Fees. Persons referred to probation services by the court for evaluation or supervision services shall pay a monthly fee of up to one hundred dollars ($100 00) as provided by a sliding scale as now or hereafter adopted by the court. All fees hereunder shall be paid into the general fund and shall be used to fund programs for misdemeanant probation services in accordance with state law including but not limited to RCW 10 64 120 as they now exist or may hereafter be amended Pam 7 1.60.180 Power of Arrest. Probation officers shall have violation of the terms of probation the power to arrest persons for 1.60.190 Compliance With Rules Probation services will make a good faith effort to comply with rules adopted by the office of the administrator for the courts for the qualifications of probation officers based on occupational and educational requirements 1.60.200 Court Operation. As part of the annual preliminary budget presentation, the City Manager and Director of Finance and Budget will create a budget for the court and the City Manager will make a recommendation to the City Council The annual budget for the municipal court shall be as approved by the City Council. All employees of the municipal court shall, for all purposes, be deemed employees of the City They shall be appointed by and serve at the pleasure of the court. 1.60.210 Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected " Section 2 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 21st day of October 1996 ATTE ST Xynn Buchanan, Mayor City Clerk Publication Date 10/25,/96 Effective Date. 11/24/96 • • � awe 8 s8 Ly BUSINESS OF THE CITY COUNCIL 0 YAKIMA WASHINGTON Item No. For Meeting Of 10/21/96 ITEM TITLE: Report and legislation to create a Yakima Municipal Court and related services. SUBMITTED BY: City of Yakima Municipal Court Committee CONTACT PERSON /TELEPHONE: John Hanson, Dir Finance and Budget 575 -6053 Ray Paolella, City Attorney Don Blesio, Chief of Police Susan Woodard, City Prosecutor Doug Bronson, Police Captain Pete Adkins, Police Captain Linda Morris, Police Officer 575 -6030 575 -6211 575 -6033 575 -6199 575 -6294 576 -6592 SUMMARY EXPLANATION: The City Council will consider a report and legislation • concerning creating a Municipal Court and integrated criminal justice services for the City of Yakima. This is a very significant policy decision with important ramifications for the City The special meeting of October 21, 1996 has been scheduled to comport with statutory timelines for establishing a Municipal Court. The City of Yakima had its own Municipal Court until the late 1960's, early 1970's, when the City entered a contract with Yakima County for District Court Services. Since that time, the City has received services from the District Court. Under Washington State law, cities have the responsibility to provide justice services within their jurisdiction. The City has three basic options for the provision of those services for misdemeanor and gross misdemeanor cases and civil infractions: 1) Municipal Court; 2) petition the County for a Municipal Department of District Court; or 3) contract with the County for the extension of a District Court services to the City The only major variation on these options is that the City may provide for a Traffic Violations Bureau which can be independent of the court and is responsible for collecting traffic infraction fines The City of Yakima already operates a Traffic Violations Bureau independent of the District Court, but additional legislation transferring this function to Municipal Court will be required. (See report, page 26, for background on filing, and page 24 for a history of City revenues from Court and Traffic Violations Bureau.) This analysis and recommendation is in direct response to the fiscal impact of State legislation commonly referred to as ESSB 6211. (See the attached report.) This legislation is a new unfunded State mandate which requires cities, effective January 1, 1997, to bear the full responsibility for the prosecution, adjudication, sentencing and incarceration of all adult misdemeanor and gross misdemeanor crimes occurring within the city limits of Yakima. agenda/Municipal Court 1(dlw) Page 1 This legislation was adopted b1 the State legislature on February 29. 1996, and signed into law by the Governor on March 30 19.96, The City received the Count's preliminary dollar figures of this impact on September 18. 1996 and formall" on October 7 1996. The letter requested a response by November 1 from the City. (See Appendix I to this report.) Practically speaking, the impact of ESSB 6211 will be to increase Yakima's caseload by some 750 to 1,000 cases and increase the City's total caseload to between 9,000 and 10,000 cases annually This also means that the number of individuals incarcerated by the City will increase by a projection of some 20 -30 individuals. Notwithstanding ESSB 6211, efforts to establish a satellite District Court in operation in the new courtroom of the Police Station /Legal Center have not been realized. The only proceedings held in the facility have been less than a dozen in- custody arraignments held by the District Court Commissioner when the Commissioner has not been assigned to other duties. To continue to contract for District Court services provides no assurance that any more District Court operations without significant additional cost impact to the City will ever be realized. This is significant since to remain with District Court requires the transport of City prisoners back and forth to County Court courtrooms, at considerable cost, inconvenience and security concerns to the City's Police Department. In addition to costs related to courts and police, the City is faced with the potential of a significant increase to house ESSB 6211 prisoners. The municipal court study attached speaks to pre -trial diversion and alternative sentencing programs which, when combined with traditional jail incarceration provide a multitude of options of which are currently unavailable to the City through the current District Court operation. For example, day or night detention and work release programs are not available through the District Court system. Many of these alternatives reside with the Court. The City Municipal Court Committee believes that a court focused on Yakima's needs and requirements will better serve Yakima's citizens. For these reasons, and to provide increased control over costs and enhanced service levels, the Municipal Court Committee recommends the City Council create a Municipal Court and integrated criminal justice services and enact the following legislation. _ • An Ordinance creating a City of Yakima Municipal Court to commence operation January 1, 1997 • An Ordinance "changing references" in the YMC from District Court to Municipal Court. • An Ordinance including the Compensation and Pay Plan for the City of Yakima. This ordinance establishes all of the new position classifications needed for court operations and increased prosecution caseload, as discussed in the attached report. It also establishes a new entry level attorney classification to allow for the possibility of saving money during the hiring process. The existing attorney classifications were renumbered and retitled to enhance uniformity - -with no change to the existing salary scales. agenda /Municipal Court 1(dlw) Page 2 • If programs accepted, additional State legislation during November isThis Committee recognizes that this is a very significant decision, and this recommendation was developed only after extensive and careful consideration of all relevant factors and options The best collective judgment of the Committee is that a new Municipal Court should be formed effective January 1, 1997 Resolution Ordinance --L- Contract Other(Specify) Report - Municipal _ Funding Source APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION Approve proposal to enact legislation CITY COUNCIL/PUBLIC SAFETY COMMITTEE RECOMMENDATION: Recommend serious consideration of this proposal. COUNCIL ACTION: • A. Ordinance creating a City of Yakima Municipal Court. Ordinance Passed. Ordinance No. 96-,58 • B. Ordinance amending references in the Yakima Municipal code from District Court to Municipal Court. Ordinance Passed. Ordinance No. 96-69 C. Ordinance amending the classification and compensation plan for court related employees. Ordinance Passed. Ordinance No. 96-70 agenda/Municipal Court 1(dlw) Page 3