Chapter 5 - Municipal Court

ARTICLE 5-1
ARTICLE 5-2
ARTICLE 5-3
ARTICLE 5-4

ARTICLE 5-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION

There is hereby established in the town 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 town is located, of violations of laws of the state committed within the limits of the town.  The municipal court is established pursuant to the Arizona Constitution and A.R.S. § 22-402.

ARTICLE 5-2       PRESIDING OFFICER

5-2-1           Appointment; Compensation

5-2-2           Powers and Duties

5-2-3           Hearing Officers

Section 5-2-1      Appointment; Compensation

The municipal court shall be composed of a presiding municipal court judge and such other judges as determined by the council.  The council shall appoint and may remove for cause the presiding judge and such additional judges appointed.  All judges shall be appointed for a period of two years, with their compensation to be determined by the council.

Section 5-2-2      Powers and Duties

Each municipal judge shall exercise powers, duties and responsibilities as provided by the constitution and laws of the state, this code and town ordinances.  The powers and duties of the municipal judge shall include, but are not necessarily limited to, the following:

1. Scheduling assignments of all judges.
   

2. Submitting all reports required by the constitution and the laws of the state, this code and ordinances of the town.
   

3. Reporting the activities of the town court as reasonably required by the council.
   

4. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law.
   

5. The payment of all fines, penalties, fees and other monies collected by the court to the town treasurer.

Section 5-2-3      Hearing Officers

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 civil traffic violation cases.  Hearing officers may hear and dispose of civil traffic violation cases which are appealable to the Superior Court pursuant to Title 22, Chapter 2, Article 4, Arizona Revised Statutes under the supervision of the presiding officer of the magistrate court.

ARTICLE 5-3       PROCEEDINGS 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 police 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.  The municipal court shall at all times be open for transaction of business except on non-judicial days.

ARTICLE 5-4        DUTIES OF MANAGER AND COUNCIL

1. Duties of town manager:

   1.      Organize, administer, supervise and plan for all non-judicial town court operations, including personnel, payroll and insurance administration.

   2.      Review town court schedule to insure maximum utilization of town resources and recommend changes to the judge and to the council to improve such utilization.

   3.      Collection and safekeeping of all monies, i.e. fines, penalties and fees collected in the town court, except as otherwise provided by law.  These monies to be kept safe until transferred to the town treasurer.
   

2. Town council duties:  Provide for the financial, physical, personnel and consulting requirements of the town court.  The council may adopt those additional ordinances which are deemed necessary for the consistent implementation of this article.