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Home My WebLink About2505 OrdinancePASSED this 18 day of June, 1984. -w. Jad - - ayor ATTE Eve ells, City Clerk AP D AS TO 1 ORM .AMAtSAI. Gre bstello, City Attorney 0 2505 ORDINANCE NO. AN ORDINANCE providing for the operation of the city's existing police court pursuant to the revised Chapter 3.50 RCW. WHEREAS, Chapter 258, Laws 1984 effective on July 1, 1984 repeals statutes governing code city police courts operating under Chapter 35A.20 RCW; and WHEREAS, the City of Pasco is a code city operating a police court under Chapter 35A.20 RCW and the City Council has determined that the city should continue to operate a munici- pal court rather than contract with Franklin County for court services under the Franklin County District Court; and WHEREAS, Chapter 258, Laws of 1984, provides that code cities operating police courts under Chapter 35A.20 RCW may operate their local courts under Chapter 3.50 RCW, as amended, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section One. Effective July 1, 1984 the city's existing police court shall operate pursuant to the revised Chapter 3.50 RCW, as amended by Chapter 258, Laws of 1984, the Court Improve- ment Act of 1984. On such date and thereafter this court is to be known and designated as a municipal court, and shall be entitled "The Municipal Court of the City of Pasco, Washington". The court shall have jurisdiction and shall exercise all powers provided by Chapter 258, Laws of 1984 declared to be invested in the municipal court, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. Section Two. This ordinance shall take effect five (5) days after passage and publication. MUNICIPAL RESEARCH AND SERVICES CENTER OF WASHINGTON 4719 BROOKLYN AVE , N E SEATTLE, WASHINGTON 98105 TELEPHONE 206 5.43 9050 *.. BOARD OF DIRECTORS WARREN A BISHOP President HARRY A PR\ DE 1 ice President LLOYD W PETERSON Secrrtars May 25, 1984 MEMORANDUM TO: All City Attorneys FROM: The Municipal Research and Services Center of Washington RE: The Court Improvement Act of 1984 Chapter 258, Laws of 1984, the Court Improvement Act of 1984, contains a number of important provisions affecting cities and towns. This memorandum will concentrate on that portion of the new law which will have a significant impact on many cities and towns with regard to their statutory authority to operate Municipal Courts. Chapter 258 abolishes the "Police Courts" still operated by many cities and towns and replaces them with the Municipal Court system provided by Chapter 3.50 RCW, as amended. We have prepared the following summary pursuant to our own extensive review and several conversations with the staff of the Senate Judiciary Committee, where this new law originated. Effective July 1, 1984, the act repeals statutes governing the following courts: (1) First class city police courts operating under Chapter 35.22 RCW (Seattle is not affected) (2) Second class city police courts operating under Chapter 35.23 RCW (3) Third class city police courts operating under Chapter 35.24 RCW (4) Fourth class (town) police courts operating under Chapter 35.27 RCW (5) Code city police courts operating under Chapter 35A.20 RCW Effective July 1, 1984, cities operating such courts may operate their courts under Chapter 3.50 RCW, as amended. While the apparent intent of the bill was that the existing courts wculd automatically begin operating under the revised Chapter 3.50 RCW as of July 1, 1984, due to an apparent JOHN D ISHII Treasurir Vv A1 NEC BOOTH Dire, tor BETT1 DRUMHELLER Director L JOE MILLER Director DAVID W STEVENS Director JOSEPH A STREET Director ‘A ILLI P VvOODS Director STAFF JOHNS LAMB Lteeutile I,ct President ERNEST H CAMPBELL Slunk !pal La. Specialist Emeritus ROBERT F HAUTH General Counsel h AT H1 SCOTT -Issistant to the Pies lam lice President L1 NNE DE MERRITT Lihrarian B'RONk KATSU1 AM A Puhti. lolics Consultant LAW RENCE Iv, MARTIN h 'nutlet Consultant PATRICK V. MASON Li va/ ( onsuliant WALTER Vv. SASTON PE Public if ork5 Consultant PAUL E SULU% AN JR Leval C onsultant K K1 LE THIESSEN Leval C onsuhant Memorandum May 25, 1984 Page 2 drafting error there is some uncertainty on this point in the law as enacted. However, it is clear that cities still have the authority to operate municipal courts and according to Judiciary Committee staff the adoption of an appropriate ordinance effective July 1, 1984 providing that the city's court will operate pursuant to the revised Chapter 3.50 RCW should in no way affect any proceeding pending before a court on that day. Therefore, a city currently using one of the above courts that wishes to continue operating an independent Municipal Court should enact an ordinance to be effective July 1, 1984 providing for a Municipal Court under Chapter 3.50 RCW as amended by Chapter 258, Laws of 1984. For those cities that wish to continue prosecuting violations of municipal ordinances, the only alternative appears to be to acquire the services of the District Court by contract pursuant to ROW 1 3.62.070. Many cities will not be required to adopt this new court system in order to continue operating a court. As mentioned above, Seattle will continue to operate its Municipal Court, under Chapter 35.20 RCW. Any city operating a municipal department of a District Court under Chapter 3.46 RCW will not be affected. A city that is utilizing the services of the District Court by contract will not be affected. However, any of these cities, except Seattle, may choose to operate under the new Chapter 3.50 ROW by enacting an appropriate ordinance on or before December 1 of any year to take effect January 1 of the following year. Finally, those cities already operating a Municipal Court pursuant to Chapter 3.50 ROW will continue to do so although such cities will need to become familiar with the amendments to that Chapter. The changes to Chapter 3.50 RCW are intended to update and standardize procedures and jurisdictional limits for the Municipal Courts. The following is a partial list of features that will be new to some or all the cities operating a court under Chapter 3 50 ROW after July 1: (1) A violations bureau can be established to process traffic offenses and traffic infractions. (2) The position of Municipal Judge may be made elective, by action of the legislative authority. (3) Additional full or part-time judges may be appointed (or elected) as necessary. (4) A case may be transferred to another Municipal Judge in the same city or to a judge pro tern, upon the filing of an affidavit of prejudice. Memorandum May 25, 1984 Page 3 (5) Pro tern judges may be appointed by the Mayor to serve during the abmnce or disability of a regular judge, or after the filing of an affidavit of prejudice. (6) Mayoral appointments to fill judicial vacancies are subject to confirmation in cities where the legislative authority has the general power of confirmation over other Mayoral appointments. (7) Guidelines for deferring or suspendirg sentences are provided. (8) Criminal penalty limits are raised to fines of $5,000 and jail sentences of one year. (9) The rules for pleadings, practice and procedure for District Courts apply to the Municipal Court unless a specific rule or statute provides otherwise. (10) Juries for civil trials are provided for, with the cost charged to the requesting party or parties. In accordance with recent Supreme Court rulings, jury trials are allowed in all criminal cases unless waived by the defendant. (11) Criminal process issued by a judge may be served by an appropriate law enforcement officer anywhere in the state. (12) The authority of a city utilizing a Chapter 3.50 RCW court to terminate the court or to repeal certain criminal ordinances is limited unless the city first makes a contract with the county to pay for increased costs to the county as a result of the termination or repeal. In view of the limited time remaining before the July 1 effective date for the repeal of police courts, we encourage every city and town to determine without delay whether its court will be affected by this change. Of course, the Municipal Research and Services Center of Washington will oe available to provide assistance to any city as needed. fINAN( E DEPAR1 MEN I 15001 54% 30/1 'v.'s n 726 3401 P. 0 BOX 293 412 WEST ( LARK PASCO, WASHINGTON 99301 June 19, 1984 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date June 22, 1984 Please send two Affidavits of Publication Sincerely yours, Evelyn Wells City Clerk ew