HomeMy WebLinkAbout12/06/2022 06.L. Ordinance amending YMC Ch. 1.60 - Municipal Court 5l
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STAT EM ENT
Item No. 6.L.
For Meeting of: December 6, 2022
ITEM TITLE: Ordinance amending YMC Ch. 1.60 - Municipal Court
SUBMITTED BY: *Linda Hagert, Municipal Court Services Manager
Cynthia I. Martinez, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The Chapter pertaining to Yakima Municipal Court is being amended to publish court fixed fees in
the Master Fee Schedule. The court has decided to use this opportunity to make housekeeping
changes to Chapter 1.60 pertaining to Municipal Court. The proposed changes include removing
the language that creates a violations bureau and an in-house probation department. These
sections are no longer needed because the violations bureau was for the purpose of receiving
traffic citation payments, prior to the creation of the Municipal Court, and Municipal Court currently
contracts with Yakima County District Court for probation services. The remaining changes
reflect current practices.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance.
ATTACHMENTS:
Description Upload Date Type
d 0-d-YMC 1.60 Municipal nt Final 11/28/2022 C dinance
d Crd-YMC 1.60 Municipal Courpledline 11/28/2022 ordinance
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ORDINANCE NO. 2022-
AN ORDINANCE relating to Municipal Court: amending YMC Chapter 1.60, adding fees to
the Master Fee Schedule, removing language pertaining to in-house
probation services and violations bureau, and other housekeeping
changes.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following sections of Chapter 1.60, of the City of Yakima Municipal Code
is hereby amended to read as follows:
Chapter 1.60
MUNICIPAL COURT
Sections:
1.60.010 Creation.
1.60.020 Jurisdiction.
1.60.040 Municipal judge.
1.60.050 Witness fees.
1.60.060 Jury trial and fee.
1.60.070 Fees for court services.
1.60.080 Disposition of revenue.
1.60.090 Sessions.
1.60.100 Municipal court seal.
1.60.110 Case transfers.
1.60.120 Sentencing.
1.60.130 Criminal process.
1.60.140 Complaints.
1.60.150 Pleadings, practice and procedure.
1.60.160 Probation services
1.60.170 Probation fees.
1.60.190 Compliance with rules.
1.60.200 Court operation.
1.60.210 Severability.
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 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. (Ord. 96-68 § 1 (part), 1996).
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
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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 and bail bonds and
issue execution 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. (Ord. 96-68 § 1 (part), 1996).
1.60.040 Municipal judge
A. Appointment. Within thirty days after the effective date of the ordinance codified in
this chapter or any resolutions of the city council which provide for additional judges, the
city manager shall appoint the 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 chapter shall expire
December 31, 1997. Thereafter, each elected municipal court judge shall serve a term of
four years.
C. Election. In accordance with the provisions of RCW 3.50.055, all full-time municipal
judges shall be elected to office. Such election shall occur at the regularly scheduled
judicial election immediately following creation of the judicial position. Such judge shall
be elected in accordance with state statutes as now enacted or hereinafter amended.
D. Additional Judges. Additional full- or part-time municipal judge positions may be
filled as provided in subsections A and C of this section, when the public interest and the
administration of justice makes such additional judge or judges necessary, and so long
as that procedure is in compliance with state statutes, such as RCW 3.50.055. Additional
full- or part-time judge positions shall be created by a resolution of the city council.
E. Judges Pro Tem. The presiding municipal court judge may designate one or more
persons as judges pro tem to serve in the absence or disability of the elected or duly
appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in
addition to the elected or duly appointed judges when the administration of justice and
the accomplishment of the work of the court make it necessary. The qualifications of a
judge pro tempore shall be the same as for judges as provided under RCW 3.50.040
except that a judge pro tempore need not be a resident of the city or county of Yakima.
Judges pro tempore shall have all of the powers of the duly appointed or elected judges
when serving as judges pro tempore of the court. Before entering on his or her duties,
each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly
appointed or elected judge. Judges pro tempore shall receive, and the city shall pay,
compensation in the amount listed in the Master Pay Ordinance, with a minimum of four
hours pay for each day worked.
F. Vacancy. Any vacancy in the municipal court, due to death, disability or resignation
of a judge, 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
judge shall be qualified to hold the position of judge of the municipal court as provided in
this section.
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G. Removal. A municipal court judge 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.
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:
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 judge 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. Compensation. Pursuant to RCW 3.50.080, the compensation for municipal court
judges shall be set by the city council by ordinance. The annual base salary shall be
ninety-five percent of the district court judges' salary as set by the State Salary
Commission, with any variance for rounding in favor of the judge.
J. 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. (Ord. 2005-85 § 1, 2005; Ord. 2003-23 § 2, 2003: Ord. 98-72 § 1, 1999:
Ord. 97-19 § 1, 1997; Ord. 96-68 § 1 (part), 1996).
1.60.050 Witness fees
Each witness subpoenaed for city cases who appears as directed shall receive a witness
fee as set forth in the City of Yakima Master Fee Schedule as adopted via resolution by
city council 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 1.72 as it now exists
or may hereafter be amended. (Ord. 96-68 § 1 (part), 1996).
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 3.50.135 as they now exist or may hereafter be amended, each
juror shall receive a fee as set forth in the City of Yakima Master Fee Schedule as
adopted via resolution by city council 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 jury fee as set forth in the City of Yakima
Master Fee Schedule as adopted via resolution by city council shall be imposed upon
each convicted person and shall be incurred at the time the matter is scheduled for jury
trial following status conference. (Ord. 96-68 § 1 (part), 1996).
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1.60.070 Fees for court services
The administrator shall collect the following fees for court services:
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. Fee amounts determined by the
court shall be set forth in the City of Yakima Master Fee Schedule as adopted via
resolution by city council. (Ord. 97-19 § 2, 1997; Ord. 96-78 § 1, 1996: Ord. 96-68 § 1
(part), 1996).
(1) A filing fee for any case or matter to be filed or commenced other than by the city of
Yakima.
(2) A fee for certifying a document on file or of record.
(3) A fee for duplication for part or all of the electronic tape or tapes of a proceeding.
(4) A fee for each warrant recall for failure to appear.
(5) A fee for compromise of misdemeanor consistent with RCW 10.22.020.
(6) A fee for a deferred finding of a traffic infraction consistent with RCW 46.63.070.
(7) The court may impose such other fees and costs as permitted or mandated by
statute, ordinance, or court rule.
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. (Ord. 96-68 § 1 (part), 1996).
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 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 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. (Ord. 96-68 § 1
(part), 1996).
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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. (Ord. 96-68 § 1 (part), 1996).
1.60.110 Case transfers
A transfer of a case from the municipal court to either another municipal judge of the city
of Yakima or to a judge 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 exist or may hereafter be amended. (Ord. 96-68 § 1 (part), 1996).
1.60.120 Sentencing
The municipal judge shall have the broadcast authority and greatest discretion
consistent with Yakima municipal code and state law, as they now exist 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 exist or may hereafter be
amended. (Ord. 96-68 § 1 (part), 1996).
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. (Ord. 96-68
§ 1 (part), 1996).
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. (Ord. 96-68 § 1 (part),
1996).
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 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. (Ord. 96-68 § 1
(part), 1996).
1.60.160 Probation services
Probation services shall be provided as determined by the municipal court. Probation
services shall provide pre-sentence and after sentence investigative services, monitor,
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and enforce any and all other conditions as set forth by the court. (Ord. 96-68 § 1 (part),
1996).
1.60.170 Probation fees
Persons referred to probation services by the court for evaluation and/or supervision
services shall pay a monthly fee of up to one hundred dollars to the agency providing
probation services. The fees 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. (Ord. 96-68 § 1 (part), 1996).
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. (Ord. 96-68 § 1 (part), 1996).
1.60.200 Court operation
As part of the preliminary budget presentation, the presiding judge of the municipal court
will create a budget for the court and the city manager will make a recommendation to
the city council. The budget for the municipal court shall be as approved by the city
council. All employees of the municipal court shall, for all purposes, be employees of the
city and shall be appointed by and serve at the pleasure of the court. (Ord. 2022-007 §
8, 2022; Ord. 2003-23 § 1, 2003: Ord. 96-68 § 1 (part), 1996).
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. (Ord. 96-68 § 1 (part), 1996)."
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 6th day of December, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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ORDINANCE NO. 2022
AN ORDINANCE relating to Municipal Court: amending YMC Chapter 1.60, adding fees to
the Master Fee Schedule, removing language pertaining to in-house
probation services and violations bureau, and other housekeeping
changes.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following sections of Chapter 1.60, of the City of Yakima Municipal Code
is hereby amended to read as follows:
i6 Chapter 1.60
MUNICIPAL COURT
Sections:
1.60.010 Creation.
1.60.020 Jurisdiction.
1.60.040 Municipal judge.
1.60.050 Witness fees.
1.60.060 Jury trial and fee.
1.60.070 Fees for court services.
1.60.080 Disposition of revenue.
1.60.090 Sessions.
1.60.100 Municipal court seal.
1.60.110 Case transfers.
1.60.120 Sentencing.
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1.60.130 Criminal process.
1.60.140 Complaints.
1.60.150 Pleadings, practice and procedure.
1.60.160 Probation servicesea4° .
1.60.170 Probation fees.
1.3 .180 Power of arrest,
1.60.190 Compliance with rules.
1.60.200 Court operation.
1.60.210 Severability.
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 -te,...exists 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. (Ord. 96-68 § 1 (part), 1996).
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 and bail bonds and
issue execution 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. (Ord. 96-68 § 1 (part), 1996).
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a d....si aii...:take...E}:v.er...process.ng....of... H....matters...w is ....were be g...proces.s ..... .s...of
authority from the Yakima County district court, dated December 31, 1980, Day-to-day
operations of the violations bureau shall be suporvi:ed by the court administrator,
c.it.y....may....aathori .e...a....:vioiatior s....bureau....to--perform-.under...R.C�...0 at:t ...3 SE...as....t..... .
with state statutes such as RCW Chapter 116,63 and RCW 3.58.63E as they now exists
196),
1.60.040 Municipal judge
A. Appointment. Within thirty days after the effective date of the ordinance codified in
this chapter or any resolutions of the city council which provide for additional judges, the
city manager shall appoint the 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 chapter shall expire
December-31, 1997. Thereafter, each elected municipal court judge shall serve a term
of four years.
C. Election. In accordance with the provisions of RCW 3.50.055, all full-time municipal
judges shall be elected to office. Such election shall occur at the regularly scheduled
judicial election immediately following creation of the judicial position. Such judge shall
be elected in accordance with state statutes as now enacted or hereinafter amended.
D. Additional Judges. Additional full- or part-time municipal judge positions may be
filled as provided in subsections A and C of this section, when the public interest and the
administration of justice makes such additional judge or judges necessary, and so long
as that procedure is in compliance with state statutes, such as RCW 3.50.055. Additional
full- or part-time judge positions shall be created by a resolution of the city council.
E. Judges Pro Tem. The presiding municipal court judge may designate one or more
persons as judges pro tem to serve in the absence or disability of the elected or duly
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appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in
addition to the elected or duly appointed judges when the administration of justice and
the accomplishment of the work of the court make it necessary. The qualifications of a
judge pro tempore shall be the same as for judges as provided under RCW 3.50.040
except that a judge pro tempore need not be a resident of the city or county of Yakima.
Judges pro tempore shall have all of the powers of the duly appointed or elected judges
when serving as judges pro tempore of the court. Before entering on his or her duties,
each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly
appointed or elected judge. Judges pro tempore shall receive, and the city shall pay,
compensation in the amount listed in the Master Pa Ordinance of forty dollars per hour
with a minimum of compensation of four hours pay for each day worked.
F. Vacancy. Any vacancy in the municipal court, due to death, disability or resignation
of a judge, 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
judge shall be qualified to hold the position of judge of the municipal court as provided in
this section.
G. Removal. A municipal court judge 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.
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:
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 judge 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.
1. Bonds. Every municipal court judge shall give such bonds to the state and city for the
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ij, Compensation. Pursuant b» RC\8/3.5O.O8O. the compensation for municipal court
judges shall b8 set bv the city council by ordinance. Commencing J3nuary 1. 2006. tTh8
annual base sal
d(Aafs-and sxteep cent.srand shall b8rnai-n#a#fed thereafter at ninety-five percent Ofthe
district court judges' salary as set by the State Salary Commiooion, with any variance for
rounding in favor of the judge.
J�-, 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. (Ord. 2005-85 § 1, 2005; Ord. 2003-23 § 2. 2003: Ord. 98-72 § 1. 1999:
Ord. 97-19 § 1, 1997; Ord. 90-08 § 1 (part), 1990\.
1.0O.O5O Witness fees
Each witness subpoenaed for city cases who appears as directed shall receive a witness
feeoftcndo||3roessetfnrthintheCitynfYakimaMasterFeeSchedu|eesadopteUvie
resolution by city council plus mileage for each day'o 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 ao provided in Yakima Municipal Code
Chapter 1.72 as it now exists or may hereafter be amended. (Ord. 90-08 § 1 (part),
1990\.
1.0O.O0O 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 |aw, including
but not limited to RCW 3.50.135 as they now existsexist or may hereafter be amended,
each juror shall receive ten dollars m fee-asset forth in the City of Yakima Master Fee
Schedule as adopted via resolution by city council plus mileage as determined under
RCVV43.O3.O0O. aoit 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 jury fee of twenty five dollars- as
set forth in the City of Yakima Master Fee Schedule as adopted via resolution by city
council shall be imposed upon each convicted person and shall be incurred at the time
the matter is scheduled for jury trial following status conference. (Ord. 90-08 § 1 (part),
1990\.
1.0O.O7O Fees for court services
The administrator shall collect the following fees for court services:
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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. Fee amounts determined by the
court shall be set forth in the Cit/ of Yakima aster Fee Schedule as ado ted via
resolution by city council, (Ord. 97-19 § 2, 1997; Ord. 96-78 § 1, 1996: Ord. 96-68 § 1
(part), 1996).
(1) AThe filing fee for any case or matter to be filed or commenced other than by the city of
Yaakima, ,
adopted by city council via re-solution.
(2) The fee for preparing a transcript of a judgment is six dollars.
(23) A The fee for certifying a document on file or of record, shall be set forth in the City of
Yakima aster Fee Schedule adopted by city council vie resolution,is five dollars.
_(1) The fee for preparing the record of a case for appeal to superior court is forty dollars,
including any cost of tape duplication as-gevcrnc 1y lc�u-lc�
jurisdiction (RALJ).
(35) , The fee for duplication for part or all of the electronic tape or tapes of a proceeding,,
,hall be set forth in the City of Yakima aster Fee Schedule adopted by city council viy
resoIutior.,i.s...ten...dollars...per-ta e..
(6) A The fee for each a-warrant recall for failure to appear, shalt
to set forth in the City of Yakima aster Fee Schedule adopted by city council via
solution,is one hundred dollars per warrant.
_(7) The fee for civil jury demand is one hundred dollars.
5) A fee for corn romise of misdemeanor consistent with ROW 10,22,020,
61 A fee for a deferred findin of a traffic infraction consistent with RC' 46,63,070,
( 7) The court may impose such other fees and costs as permitted or mandated by
statute, ordinance, or court rule.
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. (Ord. 96-68 § 1 (part), 1996).
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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. Th , city council shall have the authority to t €i , by resolution, night
art 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 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. (Ord. 96-68 § 1 (part), 1996).
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. (Ord. 96-68 § 1 (part), 1996).
1.60.110 Case transfers
A transfer of a case from the municipal court to either another municipal judge of the city
of Yakima or to a judge 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 existsexist or may hereafter be amended. (Ord. 96-68 § 1 (part), 1996).
1.60.120 Sentencing
The municipal judge shall have the broadcast authority and greatest discretion
consistent with Yakima municipal code and state law, as they now existsexist 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 t&exist or
may hereafter be amended. (Ord. 96-68 § 1 (part), 1996).
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. (Ord. 96-68
§ 1 (part), 1996).
1.60.140 Complaints
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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. (Ord. 96-68 § 1 (part),
1996).
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 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. (Ord. 96-68 § 1
(part), 1996).
1.60.160 Probation services reation
Probation services shall be provided as determined by the municipal court. There is
Probation services shall provide
pre-sentence and after sentence investigative services, monitor. ferred prosecutions,
departmentdetention....home detention and....other....sentencing....aiternativen...and
monitor and enforce any and all other conditions as set forth by the court. (Ord. 96-68 §
1 (part), 1996).
1.60.170 Probation fees
Persons referred to probation services by the court for evaluation and!`orof supervision
services shall pay a monthly fee of up to one hundred dollarstfct, to the agency
rovidin robation services, of up to onci hundred dollars as provided by a sliding
general fund and shall used The fees 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. (Ord. 96-68 § 1
(part), 1996).
1,60,175 Daytime detention
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ending at fire p,m, (1700),
grounds for revocation of probation,
3, Probation services shall provide appropriate supervision and scheduling of day
}................leer&ons...g.ranted...day....dote thon...as... ...co ditho ...of...probat o ....m y....be....req red....to....pa.y....a.
5, Day detention shall be deemed an option for all persons sentenced by the court
after January 1, 1997, provided that no actual day detention shall be required until an
appropriate facility has been prepared, (Ord,. 97 2Q § 1, 1997),
Probation officers shall have the power to arrest persons for violation of the terms of
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. (Ord. 96-68 § 1 (part), 1996).
1.60.200 Court operation
As part of the preliminary budget presentation, the presiding judge of the municipal court
will create a budget for the court and the city manager will make a recommendation to
the city council. The budget for the municipal court shall be as approved by the city
council. All employees of the municipal court shall, for all purposes, be employees of the
city and shall be appointed by and serve at the pleasure of the court. (Ord. 2022-007 §
8, 2022; Ord. 2003-23 § 1, 2003: Ord. 96-68 § 1 (part), 1996).
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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. (Ord. 96-68 § 1 (part), 1996).:
Section 2. This ordinance shall be in full force and effect 30 da s after its assa e,
a royal and ubiloation as rovided b law and b the Ch Charter,
PASSED BY THE CITY COUNCIL, signed and approved this day of
, 2022.
ATTEST: Janice Deccio, Mayor
City Clerk
Publication Date:
Effective Date:
ASSEt Y THE CTY CSUNCL, signed and approved this 6th day of December, 2022.
Janice Deceit:), aver
ATTEST:
Sonya Clear Tee, City Clerk
Publication Date:
Effective Date:
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