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HomeMy WebLinkAboutORD1245ORDINANCE NO. 1245 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 5 MAGISTRATE COURT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS, pursuant to A.R.S. § 22-402, in each incorporated city or town under the general laws of the State, there shall be a municipal court; and WHEREAS, every court established under A.R.S. § 22-402 has jurisdiction under the ordinances of the city or town, and has jurisdiction concurrently with justices of the peace of precincts in which the city or town is located, of violations of laws of the state committed within the limits of the city or towns; and WHEREAS,the presiding officer of the municipal court shall be a magistrate as selected under a city or town ordinance or charter; and WHEREAS,the name of the magistrate court should be changed to the municipal court to reflect current statutory language. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code :Chapter 5 MAGISTRATE COURT be re -titled "MUNICIPAL COURT",and be amended in its entirety to read as follows: Article 5-1 MUNICIPAL COURT 5-1-1 Municipal Court Established, Jurisdiction 5-1-2 Presiding Magistrate 5-1-3 Magistrate Pro -Tern 5-1-4 Powers and Duties of Presiding Magistrate 5-1-5 Office of Deputy City Magistrate 5-1-6 Proceedings of Court 5-1-7 Formation and Summoning of Juries,Juror Pay 5-1-8 Court Personnel ORDINANCE NO. 1245 1 OF 7 Section 5-1-1 MUNICIPAL COURT ESTABLISHED, JURISDICTION There is hereby established in the city a municipal court which shall have jurisdiction of all violations of this code, and jurisdiction concurrently with justices of the peace of precincts in which the City is located of violations of state and local laws committed within the City limits. SECTION 5-1-2 PRESIDING MAGISTRATE The presiding officer of the municipal court shall be the Presiding Magistrate, who shall be appointed by the council for a term of a minimum of two years with the dates of the term to be set by contract, unless sooner removed for misfeasance, malfeasance or nonfeasance of office. The presiding magistrate shall be considered a contract employee and all other terms shall be negotiated and set forth in a written employment contract. SECTION 5-1-3 MAGISTRATE PRO-TEM In the absence of the Presiding Magistrate, or in those instances where the Presiding Magistrate has been disqualified by the action of the prosecution, defendant, recusation on the part of the Presiding Magistrate, or other cause, the Presiding Magistrate of the municipal court may assign such action to a Deputy City Magistrate or secure the services of a magistrate pro -tern to hear such action. Magistrates pro -tern shall be appointed by the Mayor and City Council as recommended by the Presiding Magistrate. Magistrate pro-tems shall be active members of the State Bar of Arizona. SECTION 5-1-4 POWERS AND DUTIES OF PRESIDING MAGISTRATE The powers and duties of the Presiding Magistrate shall include: A.The powers and duties set forth and conferred upon the magistrate under the provisions of the State constitution and statutes, administrative orders of the State Supreme Court or Superior Court, this code and the ordinances and resolutions of the City. B.The keeping of a docket in which shall be entered each action and the proceedings of the court therein. C.Responsibility over fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law. ORDINANCE NO. 1245 2 OF 7 D.Payment of all fines, penalties and other monies collected by the court to the City Finance Director or his or her designee. E.Monthly report submittal to the Mayor and City Council summarizing court activities. F.Preparation of a schedule of traffic violations, not involving the death of a person, listing specific bail for each violation. G.Supervision of the judicial and internal administrative functions of the municipal court in a professional manner utilizing appropriate management techniques to organize and direct the efficient operation of the court. H.Delegation of duties and responsibilities to Magistrates Pro -Tern, Deputy City Magistrates, and other judicial and non- judicial personnel as necessary. I.Responsibility for the supervision of Magistrates Pro- Tern, Deputy City Magistrates and other judicial and non- judicial staff who directly affect the operation of the court. J.Establishment and implementation of proper case management techniques and standards. K.Determination of judicial assignments for each Magistrate Pro -Tern, Deputy City Magistrate, and within guidelines established by City Council, establishment and maintenance of standard working hours and times to effectively discharge these assignments. L.Establishment and implementation of standards and parameters for indigency screening7 and guidelines for determination of indigency for the purpose of appointing defense counsel. M.Establishment of specific parameters within the bounds of the law and sound management practice, under which a defendant shall be granted the time to pay monetary sentences imposed; and authority to specify the standards for establishment of payment amounts. N.Exclusive supervisory authority over all court personnel while such personnel are performing work for the court, including but not limited to the court administrator, clerical ORDINANCE NO. 1245 3 OF 7 support, courtroom support staff, and bailiffs and security screeners. 0.Exercising of administrative supervision over the court in accordance with the principle of judicial independence under the doctrine of separation of powers as defined in the Arizona State Constitution, Article III. P.Exercising such other administrative authority as necessary to maintain and enhance the ability of the court to do justice for all who come before the court. Q.Cooperation and coordination with the Presiding Superior Court Judge(s) concerning the administration of the municipal court. R.Keeping in custody and taking charge of and safely keeping and disposing of, according to court rules, all books, papers and records which may be filed or deposited in custody; destruction of all documents, records, instruments, books, papers, dispositions, exhibits and transcripts in any action or proceeding in the municipal court or otherwise filed or deposited in custody pursuant to rules established by the Supreme Court; notification to the director of the Arizona state library, archives and public records of records designated for destruction pursuant to court rules. The state library shall have the opportunity in a time prescribed by the court to review and inspect these records. During this time period, the state library may remove any of these records.for storage and retrieval. SECTION 5-1-5 OFFICE OF DEPUTY CITY MAGISTRATE The Office of Deputy City Magistrate is created. Within such office shall be Deputy City Magistrates who shall be appointed in conformance with'State law by the City Council. The Mayor and City Council may appoint more than one Deputy City Magistrate to assure the continued operation of the municipal court in the absence of the Presiding Magistrate, designating a first and second deputy for the purposes of court administration. In the absence of the Presiding Magistrate, a Deputy City Magistrate shall perform the duties of the Presiding Magistrate in such manner as the Mayor and City Council shall direct. Each Deputy City Magistrate shall be paid $600.00 per year plus such hourly rate customarily paid to those individuals providing such services. ORDINANCE NO. 1245 4 OF 7 SECTION 5-1-6 PROCEEDINGS OF COURT A.The proceedings shall be conducted in accordance with the Arizona State Constitution, applicable state statutes and rules of the State Supreme Court pertaining to police courts. The proceedings shall also be conducted in accordance with the Rules of Criminal Procedure for the Superior Court including the provisions regarding bail, issuance of subpoenas and punishment for disobedience so far as applicable and when not otherwise prescribed. B.The municipal court proceedings shall be commenced by complaint 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. C.If the magistrate is satisfied that the offense complained of has been committed by the person charged, he or she shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint, the magistrate may subpoena and examine witnesses as to the truth of the complaint. D.The defendant, at any time after arrest, and before conviction, shall be admitted to bail, if bailable. E.The magistrate shall prepare a schedule of criminal traffic or misdemeanor violations not involving the death of a person or any felony traffic offense, listing specific bail for each violation. F. The magistrate shall prepare a schedule of civil traffic violations, listing a specific deposit for each violation. G.When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. A sentence of a fine, imprisonment or both, and other things such as probation, community restitution, victim restitution, counseling and screening and other appropriate requirements, may be pronounced at the time of sentencing and shall be included in the judgment. If the court sentences the defendant to pay a fine, and the defendant fails to comply with the order, the court, after a hearing, may order that the defendant receive credit toward payment of the fine for jail time served at a minimum of one dollar of the fine for each day of imprisonment. The sentence ORDINANCE NO. 1245 5 OF 7 shall not extend beyond the term of imprisonment for which the defendant.might be sentenced for the offense of which the defendant has been found guilty. A sentence that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in civil action. SECTION 5-1-7 FORMATION AND SUMMONING OF JURIES, JURORS PAY A.The formation and summoning of juries and drawing and disposition of names and impaneling of jurors in municipal court shall be done in the same manner as provided for by law in courts of record, or as permitted by A.R.S. Section 21-331. B.Each juror shall be paid by the City for each day in attendance in the municipal court a sum as provided for in State statutes for payment of jurors, as amended from time to time. SECTION 5-1-8 COURT PERSONNEL A.The authority of the Presiding Magistrate for making decisions regarding the overall function of the court applies to decisions concerning handling of court mail and records, hiring, supervision, discipline and dismissal of court personnel, provided that decisions regarding hiring, supervision and dismissal of court personnel are consistent with the municipal court personnel policy. Personnel rules adopted by the City for the employment, grievance procedures, termination, sick leave, overtime, vacation time and other items are applicable to employees of the municipal court. In employing additional personnel, the existing City personnel procedures shall be followed. The Presiding Magistrate shall have exclusive supervisory authority over all court personnel while such personnel are performing work for the court. However, non -judicial functions, such as custodial and maintenance services assigned to the municipal court may be performed by employees or contractors working under the supervision and authority designated by the Mayor and City Council. B.Though the Presiding Magistrate is not a designated "Department Head" within the meaning of the City of Apache Junction,Personnel Policies,since the office of Presiding Magistrate is an appointed position not covered by those personnel policies, the Presiding Magistrate shall discharge those duties normally discharged by a "Department Head" as such ORDINANCE NO. 1245 6 OF 7 duties relate to employment, grievance procedures, termination, evaluation or other personnel related matters as designated in those policies. SECTION II ,REPEALING ANY CONFLICTING PROVISIONS All ordinances and part of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance,or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS 4TH DAY OF OCTOBER, 2005. SIGNED AND ATTESTED TO THIS 4TH DAY OF OCTOBER, 20(5. DOUGLAS COLE Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: C V " q .2 6 0 5 JOEL STERN City Attorney ORDINANCE NO. 1245 7 OF 7