Loading...
HomeMy WebLinkAboutTown Code Chapter 05-2002 CHAPTER 5 MUNICIPAL COURT Article 5-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION Section 5-1-1 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 vitiations of laws of the state committed within the limits of the town. Section 5-1-2 Municipal Court Departments There ara hereby established within the municipal court: a magistrate department, consisting of the town magistrate, the necessary support staff to the town magistrate, any assistant town magistrates, and all judges pro tempore; and a court administration department, consisting of the court administrator and all other court personnel. [Adopted by Ord. No. 96.10~ adopted and revised by Ord No. 2001-08] Article 5-2 MAGISTRATE DEPARTMENT Section 5-2-1 Town magistrate There shall be appointed by the town council a town magistrate and such assistants as are necessary for the performance of the office. The town magistrate shall serve as the department head of the magistrate department. The town magistrate shall be appointed by the town council to a two year term beginning July 1 of each even numbered year and automatically expiring on June 30of the next-following even numberad year. During said term, the town magistrate and assistant magistrates may be ramoved 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 byOrd. No. 96.10; amended by Ord. N(~ 2001-06; revised by Crd. No. 2001-08.] Section 5-2-2 Powers and duties of town magistrate In addition to the powers and duties of a department head, the powers and duties of the magistrate shall include: A. The powers and duties set forth and conferrad upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. B. The supervision of the assistant town magistrates, judges pro tempore, magistrat e's assistants, and other personnel of Ihe magistrate department. C. The responsibility for fixing all bonds, bails and other monies as provided by law. Marana Town Code MARANA TOWN CODE 5-1 rev. 2001 D. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bai for each violation. E. 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. F. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. [Adopted byOrd, No. 96.10; revised by Ord. No. 2001-08.] 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 civi 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 Ord. No. 96.10J Article 5-3 COURT ADMINISTRATION DEPARTMENT Section 5-3-1 Court administrator There shall be appointed by the town manager a court administrator. The court administrator shall serve as the department head for the court administration department. Section 5-3-2 Powers and duties of court administrator In addition to the powers and duties of a department head, the powers and duties of the court administrator shall include: A. The supervision of the court derk in the keeping of a docket in which shall be entered each action and the procee~ngs of the court therein. B. The responsibility for receiving all bonds and bails fixed by the town magistrate and receiving all fines, penalties, fees and other monies as provided by law. C. Payment of all fees, fines, penalties and other monies collected by the court to the town treasurer, including JCEF funds. D. Supervision of all personnel within the court administration department. E. Other reasonable duties as established by job description or as determined the council or town manager. Marana Town Code MARANA TOWN CODE 5-2 rev. 2001 Section 5-3-3 Personnel The court administration department shall contain the following personnel, under the supervision of the court administrator: A. ']'he clerk of the court, who shall be responsible for maintaining the court's docket and who shall receive all bonds, bails, fines, penalties, fees and other monies as provided by law that are paid to the court. B. The court bailiff and/or marshall, who shall be responsible for maintaining the order of the court. C. Any other personnel necessary to the functioning of the department. [Adopted byOrd. No. 2001-08.] Article 5-4 PROCEEDINGS OF COURT Section 5-4-1 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 byOrd. No. 96.10; rev. byOrd. No. 2~01-08.] Section 5-4-2 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 distinctlythe character of the offense compbined of and to answer the complaint. [Adopted by Ord. No. 96.1q Article 5-5 JURY SYSTEM Section 5-5-1 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. 96.1q Marana Town Code MARANA TOWN CODE 5-3 rev. 2001 Section 5-5-2 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. 96.10J Article 5-6 FEES Section 5-6-1 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 ($38.00). 2. The fee for nil returned checks shal be twenty dollars ($20.00) per item. [Adopted by Ord. No. 96.1(~ 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: 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. iii. 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. Marana Town Code MARANA TOWN CODE 5-4 rev. 2001 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 parldng 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 bythe 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 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 hcluding, 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, Chapter 9, ,Arizona Revised Statutes, that is engaged to collect and enforce such obligation. [Adopted by Ord. No. 99.01] 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. [Adopted by Ord. No. 99.01] Marana Town Code MARANA TOWN CODE 5-5 rev. 2001 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. [Adopted by Ord. No. 99.01] Marana Town Code MARANA TOWN CODE 5-6 rev. 2001