HomeMy WebLinkAbout1378 ResolutionRESOLUTION NO. 1378
WHEREAS, the Supreme Court has proposed for adoption the Justice
Court Traffic Infraction Rules (JTIR) and Rules for Appeal of Decisions
of Courts of Limited Jurisdiction (RALJ); and
WHEREAS, the City of Pasco operates its own Municipal (Police)
Court as a non-charter code city under R.0 W. 35A 20.020; and
WHEREAS, these proposed rules could have fiscal as well as other
impacts on the city and the operation of its justice system; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That the Supreme Court amend JTIR 3 3(b) so that cities
with police courts do not have to be represented by an attorney at a
contested traffic infraction hearing for the reasons that.
(a)It will be a financial burden to small cities of our size
to provide representation by an attorney at each and every contested
traffic infraction.
(b) That the City of Pasco sees no substantial benefit to the
justice system in light of the costs, in having an attorney represent
it in all contested traffic infraction matters.
(c) R.C.W. Chapter 46.63 has already provided for an expeditious
system of handling minor traffic offenses and requiring an attorney to
represent the city where such representation is not now required does
nothing of substance to enhance the justice system.
(d) The current practice of the city is to be not represented
by an attorney on minor traffic offenses.
Section 2. The City Council requests that RALJ 1.1 be amended to
state clearly that the requirements for a court of record do not apply
to a Municipal (Police) Court operating under R.C.W. 35A.20.020 for the
reason that it would be an extremely heavy financial burden for the
city to meet the requirements of RALJ and the benefits deriving from
such a rule do not justify the cost of implementing it.
Section 3. The City Council requests the Supreme Court reconsider
the timing of the application of and the scope of coverage of RALJ
because of the financial and organizational burdens this will place on
the cities and counties to which the new rules will apply.
Section 4. The City Council requests the Supreme Court provide for
greater consultation with municipal attorneys, prosecutors, and city
and county officials in adopting both JTIR and RALJ because they both
have significant adverse financial impacts on cities and counties and
because they substantially change the substance as well as the procedure
for local court systems.
Chet Bailie, Mayor
AT E T:
.3e L(Z // yn W s, Ci y Clerk
APPROVE AS TO FORM.
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PX4ED by the City Council of the City of Pasco this day
of , 1980
Dennis J De Felice, City Attorney