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HomeMy WebLinkAboutResolution 99-010 declaring chapter 5 of the town code relating to municipal court fees a public recordMARANA RESOLUTION NO. 99-10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD THAT DOCUMENT KNOWN AS "CHAPTER 5 [MUNICIPAL COURT], ARTICLE 5-5 FEES." BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that certain document entitled "CHAPTER 5 [MUNICIPAL COURT], ARTICLE 5-5 FEES," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of January, 1999. '-S~ra .~1ose ~ T ow__~m~_erk~ APPROVED AS TO FORM: Town Attorney Mayor 0RA MAE HARN ' Marana, Arizona R~zsolution No. 99 10 Page t of 1 CHAPTER 5 MUNICIPAL COURT .................... 5-1 Article 5-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION .............. 5-1 Article 5-2 PRESIDING OFFICER ....................................... 5-1 Section 5-2-1 Town Magistrate ...................................... 5-1 Section 5-2-2 Powers and Duties of Town Magistrate .................... 5-1 Section 5-2-3 Hearing Officers ...................................... 5-2 Article 5-3 PROCEEDINGS OF COURT .................................. 5-2 Section 5-3-1 Rules of Court ........................................ 5-2 Section 5-3-2 Complaint ........................................... 5-2 Article 5-4 JURY SYSTEM ............................................ 5-3 Section 5-4-1 Formation of Jury ..................................... 5-3 Section 5-4-2 Selection of Jurors .................................... 5-3 Article 5-5 FEES .................................................... 5-3 Section 5-5-1 Fee Schedule for Court Costs ............................ 5-3 Marana Town Code vii CHAPTER 5 MUNICIPAL COURT Article 5-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION There is hereby established in the town a municipal court which shall have jurisdiction of all violations of this code, other town ordinances, and jurisdiction concurrently with justices of the peace of precincts in which the town is located of violations of laws of the state committed within the limits of the town. [adopted by Ord, No. 96.101 Article 5-2 PRESIDING OFFICER Section 5-2-1 Town Magistrate There shall be appointed by the council a town magistrate and such assistants as are necessary for the performance of the office. The town magistrate shall be appointed to a two year term by the council at the first council meeting in July in each odd numbered year. During said term, the town magistrate and assistant magistrates may be removed only for cause. The provisions of this article shall not apply to special magistrates or acting magistrates appointed by the council, for the purposes of hearing a particular case, or as a substitute for the town magistrate in the town magistrate's absence. [adopted by Ord. No. 96.10] Section 5-2-2 Powers and Duties of Town Magistrate A. The powers and duties of the magistrate shall include: 1. The powers and duties set forth and conferred upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. 2. The keeping of a docket in which shall be entered each action and the proceedings of the court therein. 3. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law. 4. Payment of all fees, fines, penalties and other monies collected by the cour[ to the town treasurer, excepting JCEF funds which shall be maintained and distributed by the court. 5. Submitting a monthly report to the council summarizing court activities for that month. 6. Preparation of a schedule of traffic violations not involving the death of a person, listin9 specific bail for each violation. Marana Town Code 5-1 Designation of a deputy other than a law enforcement officer and a specific location at which the deputy shall, during hours when court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court. 8. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. [adopted by Ord. No. 96.10] Section 5-2-3 Hearing Officers The magistrate, with the approval of the council, may appoint one or more hearing officers to preside over civil traffic violation cases when the appointment of such hearing officers is necessary to assure prompt disposition of civil traffic violation cases. Hearing officers may hear and dispose of civil traffic violation cases under supervision of the presiding officer of the municipal court which are appealable to the superior court pursuant to Title 22, Chapter 2, Article 4, Arizona Revised Statutes. [adopted by ©rd. No. 96.10] Article 5-3 PROCEEDINGS OF COURT Section 5-3-1 Rules of Court The proceedings of the court shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to municipal courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith. [adopted by Ord. No. 96,10] Section 5-3-2 Complaint The municipal court proceedings shall be commenced by complaint under oath and in the name of the state setting forth the offense charged with and such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint. [adopted by Ord. No. 96.10] Mararia Town Code 5-2 Article 5-4 JURY SYSTEM Section 5-4-1 Formation of Jury The formation, summoning, drawing, disposition of names and the impaneling of jurors in the municipal court shall be accomplished in the same manner as provided for in courts of record as more fully set forth in Title 21, Chapter 3, of the Arizona Revised Statutes. [adopted by Ord. No. 96.10] Section 5-4-2 Selection of Jurors For the selection of potential jurors, the list of registered voters shall be furnished by the clerk of the board of supervisors of Pima County. [adopted by Ord. No. 96.10] Article 5-5 FEES Section 5-5-1 Fee Schedule for Court Costs A. The following fees are established to recover costs associated with the fees charged to the town treasury for returned checks and additional costs incurred due to court non-appearance. 1. The fee for the taking of a default judgment shall be thirty-eight dollars ($38.OO). 2. The fee for all returned checks shall be twenty dollars ($20.00) per item. [adopted by ©rd. No. 96.10] B. THE FOLLOWING FEES ARE ESTABLISHED TO ALLOW THE MUNICIPAL COURT TO IMPOSE AND COLLECT NEW COURT FEES AND ALLOCATE CHARGES TO DEFENDANTS WHO INCUR THEM, THESE FEES SHALL BE IMPOSED IN ADDITION TO FEES OTHERWISE ASSESSABLE BY STATUTE. 1. ANY PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR CRIMINAL OFFENSE IN THE MARANA TOWN COURT AND SENTENCED TO A TERM OF INCARCERATION IN ANY DETENTION FACILITY AUTHORIZED BY LAW SHALL BE REQUIRED TO PAY A JAIL REIMBURSEMENT FEE IN THE AMOUNT ACTUALLY PAID BY THE TOWN FOR SUCH INCARCERATION. 2. UPON A DEFENDANT'S CONVICTION AT TRIAL OR CONVICTION BY PLEA AGREEMENT THE MARANA TOWN COURT SHALL IMPOSE A ONE-TIME PER CITATION PROSECUTION FEE AGAINST EACH DEFENDANT IN AN AMOUNT SET FORTH BELOW: Marina Town Code 5-3 (i) THE PROSECUTION FEE FOR A MISDEMEANOR CITATION SHALL BE TEN ($10.00) DOLLARS. (ii) THE PROSECUTION FEE FOR A VIOLATION OF TITLE 28, CHAPTER 4, ARIZONA REVISED STATUTES, SHALL BE THIRTY-FIVE ($35.00) DOLLARS. A PROSECUTION FEE OF A HIGHER OR LOWER AMOUNT MAY BE IMPOSED AS SET FORTH IN A WRITTEN PLEA AGREEMENT AND BASED UPON THE ACTUAL COST OF PROSECUTION SERVICES AND THE INDIGENT STATUS OF THE DEFENDANT. 3. AN ADMINISTRATIVE WARRANT FEE IN THE AMOUNT OF TWENTY ($20.00) DOLLARS SHALL BE IMPOSED TO COVER THE MARANA TOWN COURT'S COSTS FOR PROCESSING SUCH WARRANTS WHEN A MARANA TOWN COURT MAGISTRATE ISSUES A WARRANT FOR FAILURE TO COMPLY WITH A COURT ORDER, FAILURE TO PAY A FINE, FAILURE TO PAY RESTITUTION OR FAILURE TO APPEAR. 4. THE MARANA TOWN COURT SHALL IMPOSE A COURT IMPROVEMENT FEE IN THE AMOUNT OF FIVE ($5.00) DOLLARS PER CITATION WHICH SHALL BE APPLIED BY THE COURT ON ALL FINES, SANCTIONS, PENALTIES AND ASSESSMENTS IMPOSED BY THE COURT WITH THE EXCEPTION OF PARKING VIOLATIONS. 5. A SUSPENSION FEE IN THE AMOUNT OF FIFTEEN ($15.00) DOLLARS SHALL BE IMPOSED FOR EACH SUSPENSION OF A PERSON'S DRIVER'S LICENSE ISSUED BY THE MARANA TOWN COURT. ANY PERSON WHO HAS HAD A SUSPENSION ISSUED BY THE COURT FOR FAILURE TO APPEAR IN A CIVIL TRAFFIC VIOLATION CASE OR FOR FAILURE TO SATISFY IN FULL A CIVIL SANCTION IMPOSED IN A CIVIL TRAFFIC VIOLATION CASE SHALL BE REQUIRED TO PAY THIS FEE TO THE COURT FOR THE COST OF ISSUING AND SERVICING THE SUSPENSION. THIS FEE SHALL BE APPLIED TO EACH SUSPENSION ISSUED. 6. A JURY CANCELLATION FEE SHALL BE IMPOSED ON ANY PARTY WHO REQUESTS A JURY TRIAL WITHIN THE MARANA TOWN COURT, IF WITHIN FIVE (5) DAYS OF THE TRIAL AND AFTER THE COURT HAS ARRANGED FOR THE PANELING OF A JURY, THE PARTY DECIDES TO NOT PROCEED WITH THE JURY TRIAL. THE AMOUNT OF THE JURY CANCELLATION FEE SHALL BE THE ACTUAL COSTS INCURRED IN CONNECTION WITH THE CANCELED PANELING WHICH AT PRESENT TIME VARIES BETWEEN ONE HUNDRED AND FOUR HUNDRED ($100.00 - $400.00) DOLLARS. 7. AN ABSTRACT FEE OF TEN ($10.00) DOLLARS SHALL BE ASSESSED UPON EACH PERSON REQUESTING A COURT ABSTRACT FOR THE PURPOSE OF REINSTATING A DRIVER'S Marana Town Code 5-4 LICENSE WHETHER THE DRIVER'S LICENSE WAS SUSPENDED AS A RESULT OF A CIVIL OR CRIMINAL VIOLATION. 8. IN ADDITION TO ANY OTHER REMEDY ALLOWED BY LAW, THE TOWN ATTORNEY IS AUTHORIZED TO INSTITUTE ANY APPROPRIATE ACTION FOR RECOVERY OF ANY AND ALL MONIES OWED OR DUE TO THE MARANA TOWN COURT INCLUDING, BUT NOT LIMITED TO, RESTITUTION, FEES, SANCTIONS, SURCHARGES, ASSESSMENTS, PENALTIES, BONDS, COSTS, AND FEES. A DEFENDANT WHO DEFAULTS IN HIS OR HER OBLIGATION FOR THE PAYMENT OF MONIES OWED OR DUE TO THE COURT IS LIABLE FOR ALL COSTS OF COLLECTION INCLUDING ATTORNEY FEES AND COSTS, AND FEES AND CHARGES ASSESSED BY A COLLECTION AGENCY LICENSED PURSUANT TO TITLE 32, CHAPTER9, ARIZONA REVISED STATUTES, THAT IS ENGAGED TO COLLECT AND ENFORCE SUCH OBLIGATION. C. THE MAGISTRATE SHALL RETAIN THE POWER TO WAIVE ALL OR ANY PART OF FEE ASSESSMENTS IF ANY OF THE FOLLOWING CONDITIONS APPLY: 1. THE DEFENDANT IS FOUND BY THE MARANA TOWN COURT TO BE INDIGENT; 2. THE FEE IMPOSED UPON A DEFENDANT CAUSES A HARDSHIP ON THE DEFENDANT OR THE DEFENDANT'S IMMEDIATE FAMILY; OR 3, IN THE OPINION OF THE MAGISTRATE SUCH WAIVER WOULD BE IN THE INTEREST OF JUSTICE. D. THERE IS HEREBY ESTABLISHED A COURT IMPROVEMENT FUND WHICH SHALL BE USED EXCLUSIVELY TO ENHANCE THE TECHNOLOGICAL, OPERATIONAL AND SECURITY CAPABILITIES OF THE MARANA TOWN COURT. THE COURT IMPROVEMENT FUND SHALL BE ESTABLISHED AS A DESIGNATED FUND ACCOUNT WiTH THE TOWN TREASURER. THE COURT SHALL COLLECT THE COURT IMPROVEMENT FEES AS DEFINED IN THIS SECTION AND DEPOSIT THEM IN THE COURT IMPROVEMENT FUND ACCOUNT, THE TOWN TREASURER SHALL INVEST THE MONIES IN THE FUND IN THE SAME MANNER AS TOWN FUNDS. INTEREST EARNED ON FUND MONIES SHALL BE DEPOSITED IN THE FUND.