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HomeMy WebLinkAbout1997-019 Compensation for Judges ORDINANCE NO. 97- 19 AN ORDINANCE Relating to City government administration; providing that compensation for judges pro tem shall be set by Resolution; setting civil jury demand fees and amending Section 1.60.070 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subsection 1.60.040 E of the City of Yakima Municipal Code is hereby amended to read as follows: "E. Judges Pro Tem. The City Manager shall, in writing, appoint judges pro tem who shall act in the absence, disability, or disqualification of the regular judge 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 judge of the municipal court as described in this section. The pro tem judges shall receive such compensation as shall be fixed by the ordinances Resolution of the City Council. 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." Section 2. Section 1.60.070 of the City of Yakima Municipal Code is hereby amended to read as follows: • "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 thirty -one dollars ($31.00). (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). )1k)ord /city Oov.rnm.nr .dmin2. (5) The fee for duplication for part or all of the electronic tape or tapes of a proceeding is ten dollars ($10.00) per tape. (6) The fee for preparing and securing a warrant for failure to appear is one hundred dollars ($100.00) per warrant. (7) The fee for civil jury demand is one hundred dollars ($100.00). (8) The court may impose such other fees and costs as permitted or mandated by statute, ordinance, or court rule." Section 3. 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 4th day of March , 1997. ATTEST: John Puccinelli Mayor Pro Tem City Clerk Publication Date: 03/07/97 Effective Date: 04 /06/97 )lk)ord /cloy 9overnmene eaminz .7 S BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. eg C /3 For Meeting Of / ITEM TITLE: An Ordinance relating to City government administration; providing that compensation for judges pro tem shall be set by Resolution; setting civil jury demand fees and amending Sections 1.60.040 and 1.60.070 of the City of Yakima Municipal Code. A Resolution authorizing execution of contracts with .licensed attorneys for the provision of judge pro tem and temporary judge .pro tem services for the Municipal Court of Yakima at the rate of Forty Dollars per hour, with a minimum of four hours. SUBMITTED BY: Jeff B. West, Assistant City Attorney CONTACT PERSON/TELEPHONE: Jeff B. West, 575 -6033 SUMMARY EXPLANATION: Section E of YMC 1.60.040 is amended to provide that salaries for Municipal Court judges pro tem shall be set by Resolution rather than by Ordinance. This allows the City of Yakima to quickly respond to market pressures • rather than waiting 30 days for an Ordinance to take effect. The total budget amount allocated for these services will be set by Ordinance as required by the City Charter. A Resolution setting the hourly rate for judges pro tem at Forty Dollars per hour with a minimum of four hours is presented at this time for Council consideration. The attached Ordinance creates a civil jury demand fee of $100.00 for the Municipal Court of Yakima. The attached Ordinance also allows the Municipal Court of Yakima to impose such other fees as permitted by state statutes, ordinance, or court rule. While the Municipal Court of Yakima does not anticipate having civil jury trials, the jurisdiction of the court would allow for a civil jury trial. While it is an extremely remote possibility that a civil jury trial would occur in the Municipal Court of Yakima, it is believed to be best to be prepared for the eventuality. Resolution X Ordinance X . Contract Other(Specify) Funding Source APPROVED FOR SUBMITTAL: \�> City Manager STAFF RECOMMENDATION: Pass Ordinance • BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: f�MMendWn) Fwemmem dmn'J7w