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HomeMy WebLinkAboutORD1400ORDINANCE NO. 1400 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE,VOLUME I,BY REPEALING CHAPTER 5 MAGISTRATE COURT IN ITS ENTIRETY;AND ADOPTING BY REFERENCE A NEW CHAPTER 5 MAGISTRATE COURT;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,on October 1,2013,the Mayor and City Council directed staff to update the Apache Junction City Code,Volume I,Chapter 5 Municipal Court,to require that among other things,the City Magistrate and future deputy city magistrates be active members of the Arizona State Bar; and WHEREAS,in addition,other changes need to be made to Chapter 5 Municipal Court to conform to current state, federal and local laws; and WHEREAS,on March 31,2014,the Mayor and City Council held a work session to discuss the recommended staff amendments to Chapter 5 Municipal Court;and WHEREAS,City staff has determined that for administrative efficiency,it is more appropriate to update the current municipal court code by repealing Apache Junction City Code, Volume I,Chapter 5 Municipal Court,in its entirety,and replacing it with an updated Apache Junction City Code, Volume I, Chapter 5 Municipal Court. THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT: SECTION I IN GENERAL The current version of Apache Junction City Code,Volume I, Chapter 5 Municipal Court,is repealed and replaced with the following new version in its entirety: ORDINANCE NO. 1400 PAGE 1 OF 9 ARTICLE 5-1: MUNICIPAL COURT Section 5-1-1 Municipal court established; jurisdiction 5-1-2 Definitions 5-1-3 Presiding magistrate 5-1-4 Qualification of municipal court judges 5-1-5 Hearing officers 5-1-6 Magistrate pro -tern 5-1-7 Powers and duties of presiding magistrate 5-1-8 Proceedings of Court 5-1-9 Formation and summoning of juries; juror pay 5-1-10 Court personnel § 5-1-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION. The municipal court is established a s a separate, independent branch of city government,which has exclusive jurisdiction of all violations of the city code,and jurisdiction concurrently with justices of the peace of precincts in which the city is located for violations of misdemeanors committed within the limits of the city. § 5-1 -2 DEFINITIONS. The following words,when used in this chapter,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: 1)associate magistrate:a full time termed judge of the city court,appointed by the city council,other than the presiding magistrate. 2)civil traffic hearing officer:a city court employee assigned special duties by the presiding magistrate pursuant to the city code. 3)city magistrate:any judge of the municipal court, including the presiding magistrate,associate magistrate, pro tern magistrate and interim magistrate. 4)disciplinary action:action taken by the State Bar of Arizona or the Supreme Court of Arizona,or any other licensing authority for attorneys or judges including reprimand, censure, suspension or disbarment. ORDINANCE NO. 1400 PAGE 2 OF 9 5)interim magistrate:a judge appointed by the city council to perform the duties of a presiding magistrate during an absence or vacancy greater than three weeks, but not greater than six months. 6)pro -tern magistrate:a full or part time temporary judge of the city court appointed by the city council or presiding magistrate. 7)presiding magistrate:the full time judge appointed by council,charged with the management and administrative responsibility of the municipal court. § 5 -1 -3 PRESIDING MAGISTRATE. (A)The presiding officer of the shall be the presiding magistrate,who by the council for a minimum term of dates of the term to be suspend,discipline,or follows: municipal shall be two years court appointed with the set by contract.The council may remove any city magistrate as (a)if the judge pleads guilty or no contest, or is found guilty,of a crime punishable as a felony under any laws of this state, another state,or a federal law,or of any other crime that involves moral turpitude under the laws of this state; (b)if the judge has a disability that prevents the judge from performing the essential functions of the position; (c)if the judge engages in actions constituting willful misconduct in office,willful and persistent failure to perform his or her duties,or conduct prejudicial to the administration of justice that brings the judiciary into disrepute; or (d)if the judge is subjected to disciplinary action by the Arizona Supreme Court or State Bar of Arizona. (B)The Presiding Magistrate shall be considered a non -career contract employee after being appointed and all other terms shall be negotiated and set forth in a written employment contract. ORDINANCE NO. 1400 PAGE 3 OF 9 (C)The city council shall appoint one or more full time magistrate for a term as the city council deems necessary pursuant to this chapter.In the event of an absence or vacancy in the position of presiding or associate magistrate,council may appoint an interim magistrate who must meet all of the requirements as a city magistrate. § 5-1-4 QUALIFICATIONS OF CITY MAGISTRATES. (A)Every magistrate shall: (I)be an active member of the State Bar of Arizona in good standing for at least five years prior to appointment; (2)have no discipline by any State Bar or State Supreme Court for a period of ten years prior to appointment. § 5-1 -5 HEARING OFFICERS. (A)Civil traffic hearing officers shall: 1)be assigned to one or more employees of the magistrate court at the discretion of the presiding magistrate. 2)meet the qualifications established by the Arizona Supreme Court for such officers to be eligible for the special assignment. 3)have the authority to hear cases involving civil traffic matters arising under state law or city code,cases involving orders of protection,injunctions and such other civil authorized by law. 4)not receive additional performing such duties. § 5-1-6 MAGISTRATE PRO-TEM. against harassment, cases as may be compensation for (A)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 ORDINANCE NO. 1400 PAGE 4 OF 9 assign such action to a magistrate pro -tern to hear such action. (B)Magistrates pro -tern shall be appointed by the presiding magistrate. (C)Magistrates pro -tern shall be active members of the State Bar of Arizona. 5-1-7 POWERS AND DUTIES OF PRESIDING MAGISTRATE. The powers and duties of the presiding magistrate shall include: (A)those 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,and the ordinances and resolutions o f 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; (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 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)department director status as a non -career employee under the Apache Junction Personnel Rules,and ORDINANCE NO. 1400 PAGE 5 OF 9 shall as any director,manage municipal court employee grievance procedures,termination,evaluation or other personnel related matters; (I)delegation of duties and responsibilities to and supervision of magistrates pro -tern and other judicial and non -judicial personnel as necessary who directly affect the operation of the court; (LT)establishment and implementation of proper case management techniques and standards; (K)determination of judicial assignments for each magistrate pro -tern and within guidelines established by council,establishment and maintenance of standard working hours and times to effectively discharge these assignments; (L)establishment and implementation of standards and parameters for indigence screening and guidelines 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 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 similar other administrative authority as necessary to maintain and enhance the ability of the court to do justice for all who come before the court; (4)cooperation and coordination with the presiding superior court judge(s)concerning the administration of the municipal court; and ORDINANCE NO. 1400 PAGE 6 OF 9 (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,and notification to the appropriate state office for records retention. § 5-1-8 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 municipal courts.The proceedings shall also be conducted in accordance with the Rules of Criminal Procedure for the Superior Court and Arizona Revised Statutes Titles 13 and 22 including the provisions regarding filing complaints, bail,issuance of subpoenas,summons,warrants and punishment for disobedience so far as applicable and when not otherwise prescribed. (B)The magistrate shall cause to be prepared 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. (C)The magistrate shall cause to be prepared a schedule o f civil traffic violations,listing a specific deposit for each violation. (D)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. (E)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. (F)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 ORDINANCE NO. 1400 PAGE 7 OF 9 receive credit toward payment of the fine for jail time served as determined by state law for each day of imprisonment. (G)The sentence 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. (H)A sentence and judgment that the defendant pay a fine,with or without the alternative of imprisonment, shall constitute a lien such as which can typically be ordered in a civil action. § 5-1-9 FORMATION AND SUMMONING OF JURIES; JUROR 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. § 21-331, and as may be amended from time to time. (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 may be amended from time to time. § 5-1-10 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,unless otherwise stated in a written policy approved by the presiding magistrate. In employing additional personnel,the existing city personnel procedures shall be followed. The provisions of this Ordinance and public record adopted herein are effective beginning 1,,J6-7 Co , 2014. ORDINANCE NO. 1400 PAGE 8 OF 9 SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference 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 codes or regulations 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNSIL OF THE CITY O F APACHE JUNCT 7T0N,ARIZONA,THIS &I'll DAY O FI'll aA1(, 20 /q. SIGNED AND ATTESTED TO THIS MA/, 2 OLV. ATTES KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: C : 4 4 .2a: tE4 RICHARD J. STERN City Attorney ORDINANCE NO. 1400 PAGE 9 OF 9 / HN S. IWEALACO ayor DAY O F