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HomeMy WebLinkAboutOrd 2002-03ORDINANCE 02-03 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 3, ADMINISTRATION, BY AMENDING ARTICLE 3-1 OFFICERS IN GENERAL, SECTION 3-1-3 TOWN MAGISTRATE TO REFLECT THE CHANGE IN TITLE FROM "TOWN MAGISTRATE" TO "TOWN PRESIDING JUDGE", AND AMENDING CHAPTER 5, MUNICIPAL COURT, ARTICLE 5-2 OFFICERS, POWERS AND DUTIES, ARTICLE 5-3 PROCEEDINGS OF COURT, AND ARTICLE 5-5 COURT CLERK: BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Town code of the Town of Fountain Hills, Chapter 3, Administration, is amended by amending Article 3-1 Officers in General, Section 3-1-3 Town Magistrate, and that Chapter 5 , Municipal Court, Articles 5-2, 5-3 and 5-5 are amended as indicated in Section 2 of this Ordinance. (New text is shown as ALL CAPS, deleted text is shown as strip.) Section 2. Chapter 3, Section 3-1-3 Town Magistrate -PRESIDING JUDGE The town magistrate PRESIDING JUDGE shall be appointed by the council and shall be the presiding officer of the MUNICIPAL court. He shall perform those functions necessary to the maintenance of the MUNICIPAL court as provided by state law. Chapter 5, Municipal Court, Article 5-2 Officers, Powers and Duties Sections: 5-2-1 Presiding AlagistFate JUDGE 5-2-2 Associate PRO TEM JUDGE 5-2-3 Substitution MagistFate JUDGE 5-2-4 Powers and Duties of the Town Magistrate PRESIDING JUDGE 5-2-5 Hearing Officers 5-2-6 Relationship of Town Municipal Court with Appointing and Funding Authority 5-2-7 Court Revenue Section 5-2-1 Presiding Mee JUDGE The presiding officer of the town municipal court shall be the presiding magistrate JUDGE who shall be appointed by the council for aN INITIAL term of two years WITH SUBSEQUENT TERMS OF FOUR YEARS with the beginning and end of the term to be specified at the time of appointment. During such term, the mite JUDGE may be removed only for cause. The presiding magistrate JUDGE shall control the calendar, supervise the activities of the ^ems sleek COURT ADMINISTRATOR and make all sitting assignments for magistrates PRO TEM JUDGES. The presiding magistrate JUDGE shall serve for such salary or other compensation as the council may determine. THE PRESIDING JUDGE SHALL BE AN ATTORNEY LICENSED TO PRACTICE IN THE STATE OF ARIZONA, WITH AT LEAST FIVE (5) YEARS EXPERIENCE IN PRIVATE PRACTICE OR ON THE BENCH. Section 5-2-2 Associate Mee PRO TEM JUDGE The office of associate magistrate PRO TEM JUDGE is hereby created. The associate magistrates PRO TEM JUDGES shall be appointed by the magistrate PRESIDING JUDGE to serve at the pleasure of the PRESIDING JUDGE and to perform the duties of the magistr-ate PRESIDING JUDGE in the absence of the magist-Fate PRESIDING JUDGE. The associate fflagistfa4es PRO TEM JUDGES may serve for such salary or other compensation as the council may determine. Section 5-2-3 Substitute Mee JUDGE The office of substitute magistrate JUDGE is hereby created. ; ai� The individual serving as justice of the peace in the precinct in which the town hall is located may serve as substitute magistrate JUDGE in all cases where the presiding magistrate JUDGE and all associate magistrates JUDGES are unable or unwilling to act and where requested to so serve by the presiding magistrate -JUDGE. Section 5-2-4 Powers and Duties of the PRESIDING JUDGE. The powers and duties of the town magist PRESIDING JUDGE shall include: 14 A. The powers and duties set forth and conferred upon the magistfate JUDGE under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. B. The keeping of a docket in which shall be entered each action and the proceedings of the court therein. C. The responsibility for €i*i*g SETTING and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law. D. Payment of all fees, fines, penalties and other monies collected by the court to the town, in accordance with a schedule established by the town manager. E. Submitting a monthly report to the council summarizing court activities for that month. F. Preparation of a schedule of traffic violations, not involving the death of a person, listing specific bail for each violation. G. Serge SERVE as juvenile hearing officer if appointed by the presiding judge of the juvenile court for Maricopa County. Section 5-2-5 Hearing Officers The council may appoint one or more hearing officers to preside over civil traffic violation cases when, in their opinion, 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 which are appealable to the superior court. Hearing officers shall be supervised by the presiding officer of the town municipal court. Section 5-2-6 Relationship of Town Municipal Court with Appointing and Funding Authority Because of the relationship between the town and the town municipal court, town fnagistr- JUDGES must exercise care to insure that the adjudication process remains free from the influence of any person or institution having responsibility for judicial appointments or funding. While any fnagi a JUDGE may listen to the counsel of others, decisions regarding the resolution of a particular case must be made by the magistrate JUDGE in the exercise of a free and unfettered judgment. Decisions regarding the overall function of the court are the sole responsibility of the presiding magistrate JUDGE. The authority of the presiding magistrate JUDGE for making decisions regarding the overall function of the court applies to decisions concerning handling of court mail and records, and hiring, supervision, discipline and dismissal of court personnel ; provides deeisien . DECISIONS regarding hiring, supervision and dismissal of court personnel must be consistent with municipal personnel policy. Personnel rules 3 adopted by the town for toe employment, grievance procedures, termination, sick leave, overtime, vacation time and other items are applicable to employees of the town municipal court. In employing additional personnel, the existing town personnel procedures shall be followed. The presiding nee JUDGE shall have exclusive supervisor authority over all court personnel are petfemifig work for- the eeuA. However, non judicial functions, such as custodial and maintenance services assigned to the town municipal court may be performed by employees or contractors working under the supervision and authority designated by the town council. Section 5-2-7 Court Revenue The magist-fate PRESIDING JUDGE should not permit anyone to control or influence the discretionary amount of any fine, penalty or sanction imposed. Under the direction of the presiding magistfate JUDGE, the court shall collect all fines, sanctions, restitution and bond payments imposed by the court. Because all monies coming into the possession of the town municipal court are public monies, these funds shall be handled and accounted for in accordance with state law and procedures adopted by the town council. Chapter 5 Article 5-3 Proceedings of Court. Sections: 5-3-1 Proceedings 5-3-2 Admission to Bail 5-3-3 Jury Trials Section 5-3-1 Proceedings 5. The proceedings of the town municipal court shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to justice of the peace or town peliee MUNICIPAL courts. The proceedings shall also be conducted in accordance with the rules of procedure in civil traffic cases and the rules of criminal procedure, including the provisions thereof regarding bail, issuance of subpoenas, summons and warrants, and punishment for disobedience thereof, so far as applicable and when not otherwise prescribed. 6. The town municipal court proceedings for violations of this code and town ordinances shall be commenced by complaint under oath and in the name 2 of the state setting forth the offense charged, with 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. 7. If the magistfate JUDGE is satisfied that there exists probable cause to believe that the offense complained of has been committed by the person charged, he shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint, the magistrate JUDGE may subpoena and examine witnesses as to the truth of the complaint. Section 5-3-2 Admission to Bail Defendants, after arrest and before conviction, shall be admitted to bail, if bailable, and the rules of criminal procedure shall govern the release of all defendants, wherever applicable. Section 5-3-3 Jury Trials 1. The right of trial by jury shall be granted in all cases of such a nature as are triable before a jury under the constitution and laws of the state, but not for violation of ordinances of such a nature as by common law are not triable by a jury. 2. Each juror for every day's attendance in the town municipal court shall be paid a sum fixed by the council. 3. The formation, summoning, drawing and disposition of names and impaneling of juries in the town municipal court shall be done in the same manner as in courts of record. 4. Selection of potential jurors shall be made from the list furnished by the county eleefiens depai4fnent JURY COMMISSIONER'S OFFICE. Chapter 5 Article 5-5 Court Qeek Employees Sections: 5-5-1 Appointment and Compensation 5-5-2 Duties of Court Gler-k ADMINISTRATOR 5-5-3 Assistant Court ` ler-li' COURT SERVICES SPECIALISTS Section 5-5-1 Appointment and Compensation 5 The town municipal court shall have a court eler# ADMINISTRATOR appointed by the presiding magistfate JUDGE. The court eL-fk ADMINISTRATOR shall be an employee of the town, , and shall serve as a eeut4 elefk at the pleasure of the presiding magisti7ate JUDGE. Compensation of the court elefk ADMINISTRATOR shall be established by the council and be comparable with other employees of a similar class. Section 5-5-2 Duties of Court C!eF!i ADMINISTRATOR. The duties of the court eler-k ADMINISTRATOR are the following, subject to the overall supervision of the presiding magistrate JUDGE with regard to their performance: A. Te-aee ACCEPT and file all summons, complaints, pleading, motions, records, judgments and other documents presented to, or issued by, the town municipal court in the exercise of its jurisdiction. B. To prepare PREPARE and maintain the court's dockets, calendar and other records of its proceedings. C. To issue ISSUE any town court process. D. Tor-eeeive RECEIVE and collect all funds in payment of fines, bail and costs, and to deposit, disburse and account for the same as required by state statute or court rules. E. To assist in the p fa+i^„ of PREPARE all statistical and other reports required to be maintained or filed by the town municipal court. F. To peffefm PERFORM such other services as may be directed by the magistr-ate JUDGE in the exercise of the town municipal court's jurisdiction. G. To fumish FURNISH all secretarial services required in the exercise of the jurisdiction of the town municipal court. Section 5-5-3 ASSiStaflt COHA QeFkS COURT SERVICES SPECIALISTS The presiding fna ate JUDGE may appoint one or more .,&., &4ff * ,.�� ffem affleng its employees COURT SERVICES SPECIALISTS, who, subject to the supervision of the presiding magite JUDGE, may perform the duties of the court egek ADMINISTRATOR when the court elefk ADMINISTRATOR is unavailable to do so. 2 PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 21st day of March, 2002. FOR THE TOWN OF FOUNTAIN HILLS: Morgan, REVIEWED BY: Roy P erson, Acting Town Manager ATTESTED TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: William E. Farrell, Town Attorney 7