| |
MUNICIPAL COURT
LOCAL RULES OF THE MUNICIPAL COURT OF
NORTH BONNEVILLE, WASHINGTON
Table of Rules
Preamble
Structure of the Court
1. Court Organization and Management
2. Security of Courtrooms and Related Areas
3. Appearance Bonds
4. Municipal Court Criminal Justice Rules (CrRLJ)
5. Initiation of Traffic Infractions
6. Record Retention
7. Reservation of Discretion
Preamble
These local rules pertain to the operation of the North Bonneville Municipal
Court, these rules are complementary and supplemental to the Rules for Courts
of Limited Jurisdiction promulgated by the Washington Supreme Court.
The rules are designed to economize the time of counsel and to make efficient
use of the Court's time. To be effective, the cooperation of the litigants and
their counsel is required.
The rules that follow are ones that have been in effect for some time. Anyone
having comments on these rules should address them in writing to the Presiding
Judge of the Court.
Structure of the Court
The Municipal Court for the City of North Bonneville is located at City Hall,
214 CBD Mall, PO Box 7, North Bonneville, WA., 98639-0007.
The Court is staffed by one part-time Municipal Court Judge and one Court
Clerk. Office Hours are Monday through Friday 8:00 am to 5:00 pm. Court days
for trials and hearings are on the 1ST, 3RD, and the 5th Monday every month.
In the event a national holiday is observed on the Monday Court day, the
following Tuesday shall be a Court day.
Rule 1
Court Organization and Management
General Management: The general management of the Court shall be vested in the
presiding Judge and the duties and powers are as set for below.
Duties of the Presiding Judge: The presiding Judge will act as chief
administrative Judge and will set policy to be implemented by the Court personnel.
1) The presiding Judge will call meetings of the Court and preside over said meetings.
2) The presiding Judge will be responsible for scheduling of Court time.
3) The presiding Judge will speak for the Court on all matters.
4) The presiding Judge will be responsible for space management and facilities planning.
5) The presiding Judge will have the responsibility for monitoring the Court budget.
6) The presiding Judge will be responsible for communications with all other elected officials.
7) The presiding Judge will conduct probable cause determinations.
8) The presiding Judge will conduct preliminary hearings and criminal arraignments.
9) The presiding Judge will set bail, appoint counsel and perform other duties common
to the preliminary hearing and arraignment process.
10) The presiding Judge will shall sign warrants for arrest.
Duties of the Court Clerk: The North Bonneville Court Judge shall select a Court Clerk
to provide services for the Court and shall have the following duties.
1) Assist the Municipal Court Judge in directing case-flow management.
2) Assist in the preparation and presentation of the department budget and direct fiscal
management inventory control and purchasing.
3) Brief the Judge on Municipal Court operations and status.
4) Prepares reports and complies statistics as required.
Rule 2
Security of Courtrooms and Related Areas
Weapons: No weapon designed for offensive or defensive purposes shall be
allowed in any space assigned to the Municipal Court and a violation of this
order shall constitute Contempt of Court.
Exceptions: This Rule shall not apply to Judges, commissioned police officers
while in duty status, and corrections officers in duty status.
Rule 3
Appearance Bonds
Posting Appearance Bonds: Only those people approved by the Judge of the
Municipal Court are authorized to seek and submit the post of appearance bonds.
Rule 4
Municipal Court Criminal Justice Rules
Purpose and Construction: These rules are intended to provide for the just
determination of every criminal proceeding. They shall be construed to secure
simplicity in procedure, fairness in administration, effective justice, and the
elimination of unjustifiable expense and delay. These rules are constructed to
supplement and not to supplant the Criminal Rules for Courts of Limited
Jurisdiction (CrRLJ).
1) Bail Schedule
The Court may periodically publish a bail schedule which will include any bail
schedule and penalty schedule promulgated by the Supreme Court of the State of
Washington. Said bail schedule shall be provided to law enforcement agencies
within the jurisdiction of the Municipal Court.
2) Bail
Misdemeanor bail shall not be combined with felony bail. If cash funds are
received, it shall be kept separate. If a bail bondsman posts bail it shall be
with separate bonds for the charged offenses. If someone other than the
defendant posts cash funds as bail, it will be necessary to obtain the correct
name and address of the posting party to be provided to the Municipal Court
with the bail.
3) Bail Forfeiture
a) Should the defendant fail to appear as directed by the Court, bail
forfeiture shall be immediately issued. The bail bondsman shall have 60 days
to locate the defendant and if the bondsman presents the defendant to the Court
before 60 days have elapsed, the bail forfeiture can be rescinded for cost.
The cost shall be $100.00 for failure to appear at arraignment, pre-trial or
sentencing proceeding; $200.00 for failure to appear for trial; or $300.00 for
failure to appear for jury trial.
b) Should the permitted 60 days elapse and the defendant has not been brought
before the Court, the bond becomes due and payable immediately.
c) Should the defendant fail to appear as directed by the Court, bail
forfeiture shall be immediately issued for any cash funds bail posted by the
defendant or any party posting same on behalf of the defendant.
4) Pre-Trial Release
a) The arresting officer shall list on the criminal citation for any
defendant, whether or not that person is detained at the jail for a misdemeanor
or gross misdemeanor.
b) The arresting officer shall prepare a sworn statement for the Court
describing probable cause for criminal charge for which the defendant has been arrested.
5) Arraignment
a) The arraignment date and time shall be written on the criminal citation by
the arresting officer. The date of arraignment shall be no later than 14 days
post-arrest date. Should the officer fail to put an arraignment date and time,
the Court will set the arraignment date and notify the defendant through the
mail. The arraignment shall consist of:
i) The defendant's true full name, residential address and mailing address,
ties to the community, employment status and past criminal history
ii) Advise the defendant of the nature of the charges and the maximum
penalties that may be imposed upon a finding of guilt
iii) Advisement of all rights
iv) Advisement of right to legal counsel and determination of indigence
v) The setting of bail and release conditions
vi) Attorneys at law, admitted to practice in the State of Washington, may
enter a notice of appearance and plea of not guilty in writing on all cases
filed in the Municipal Court
6) The Right to Assignment of Counsel
a) Unless waived by the defendant, legal counsel shall be provided to any
person who is financially unable to obtain one without causing substantial
financial hardship to themselves for family and pursuant to standards published
by the State of Washington.
b) If at any time it appears that a person has retained private counsel, has
funds sufficient to do so, or is otherwise not eligible for defense services,
the appointed attorney may notify the Court and ask it guidance.
c) Conversely, it appears that counsel previously retained by a person has
withdrawn, or that a person thought to have funds sufficient to obtain private
counsel is not in fact able to do so, than the Court shall make a re-determination
of eligibility for appointed counsel.
d) Unless a written notice to withdraw is approved by the Court, defendant's
attorney must appear at all subsequent Court dates, including post conviction
reviews. If the defendant's attorney fails to appear at any hearing, the Court
may impose terms and any other conditions authorized by law.
7) Pre-trial Conference
a) The pre-trial conference shall be set by the Court and used for the following purposes:
i) Pre-trial hearings shall be within 30 days of defendant's first appearance
ii) File any pre-trial motion
iii) Negotiation for plea-bargaining purposes
iv) File petition for deferred prosecution
v) Submit a change in plea
vi) All pre-trial motions shall be in writing
vii) To dispose of the case in any other manner
8) Witness - Process - Subpoena
If a witness in criminal matters is to be subpoenaed, shall be requested by
either party and presented to the Court for signature.
9) Status conference
a) Status conferences shall be set by the Court for the following purposes:
i) Defendant and counsel shall appear and failure to appear without just
cause shall result in the issue of warrant
ii) The purpose of the status conference is to present witness lists to the
Court, resolve all issued, determination of jury trial, bench trial, plea
offering, or other resolution matters
iii) The Court shall set trial date
10) Reimbursement of Attorney Fees.
a) The Court shall determine, on information presented by accused of
defendant's ability to partial to pay appointed attorney fees.
b) A person found to be partially eligible for defense services shall be
required to make reimbursement to the Court as agreed at the time of adjudication.
c) Any defendant who is placed on probation may be required to reimburse the
city for all or part of the costs of appointed counsel.
d) In no case shall appointed counsel set or attempt to obtain personal
reimbursement for the costs of defense services.
e) If reimbursement is part of an order of probation, failure to make payment
by the defendant could be sufficient to be a violation of probation.
f) The appointed counsel's representation of a client shall include the
ability to oppose an order of the Court requiring reimbursement for defense
services, provided there are arguable legal grounds for such opposition.
11) Jury instructions
a) Time of submission shall be by 8:00 am the morning prior to trial and an
additional set shall be served upon the opposing party.
12) Trials
a) Trial briefs shall be filed no later than two days before trial.
b) Any motions filed on the date of trial shall begin at 8:15 am and jury
trial shall begin at 8:30 am.
c) Should the Court rule in a manner that requires a continuance of the trial
on the morning of the trial, the Court shall assess the costs of the jury
against the attorney who the Court finds, in it's discretion, has failed to
properly recognize, note or resolve the issues at the pre-trial hearing.
d) Return of exhibits in a criminal case will be returned to the party who
produced that exhibit for identification. The return shall be made upon written
application, following termination of the time for appeal. Exhibits not
requested to be returned during that period by the producing party may be
delivered by the Court to the local police authority for disposition by law as
abandoned property; or if contraband, for destruction. No exhibit shall be
delivered without being receipted for by the receiving party.
Rule 5
Traffic cases
1) Whenever a Notice of Infraction has been issued and not filed with the
Court within 48 hours, the Clerk shall bring the untimely filing to the
attention of the Judge.
a) If the citation is filed more than 72 hours after issuance of the Notice
of Infraction, excluding weekends and national holidays, the clerk may mark the
citation "dismissed without prejudice" and take no further action (IRLJ 2.2).
b) Infraction witness fees incurred by a party as set forth in RCW 46.63.151
shall pay the witness fees and mileage expenses due that witness. Any person
who requests production of an electronic speed measuring device expert, and is
thereafter found by the Court to have committed the infraction, shall be
required to pay the fee charged by the expert as a cost incurred by the party.
Rule 6
Record retention
Municipal Court records shall be retained pursuant to the
District and Municipal Court Records Retention Schedule provided
by the State of Washington.
Rule 7
Reservation of discretion
The Court reserves the authority to interpret and / or suspend or modify these
rules in individual cases on motion or a party for good cause shown or its own
motion in the interest of justice and /or the efficient operation of the Court.
|
|
