Title 2 Local Ordinance

2.24.050 Judge–Term.

The term of the municipal court judge shall be upon such terms and conditions as are provided in Chapter 3.50 RCW. (Ord. 821 §5, 1984)

2.24.060 Powers and procedures.

All other powers and procedures as are authorized by Chapter 3.50 RCW are granted to and assured by the municipal court established in this chapter. The presiding municipal court judge may designate one or more persons as judges pro tem. (Ord. 1307 §6(D), 2015:  Ord. 821 §6, 1984)

2.24.080 Court costs.

The municipal court judge shall impose the following court costs upon a convicted defendant:

A. A criminal conviction fee of forty-three dollars for each conviction of a defendant.

B. Court costs upon each conviction in the amount of one hundred twenty-five dollars.

C. In the event that a defendant demands a jury, a jury has been summoned by the court clerk and the jury is thereafter waived by the defendant or the defendant fails to appear at his pre-jury trial conference or the jury trial, the judge may impose the actual costs incurred by the court for providing the canceled jury. 

D. Where a deferred prosecution is granted, court costs shall be imposed in the amount of one hundred fifty dollars. 

E. Costs shall also be imposed upon a defendant, whether convicted or not, for preparing and serving a warrant for failure to appear, in the amount of one hundred dollars per warrant issued.

F. Court costs of ten dollars shall be assessed for each summons issued for a non-appearance upon a signed notice to appear without being excused, whether there is a conviction or not.

G. The monetary penalty schedule, as adopted by the Supreme Court of the state in the Infraction Rules for Courts of Limited Jurisdiction, as amended, is adopted and incorporated in this section by reference, except that statutory and ordinance assessments shall be added thereto. 

H. In all cases where the municipal court judge supervises the probation of a defendant in alcohol and/or anger management program, the defendant shall be assessed an additional court cost of twenty dollars per month, up to two hundred forty dollars. A defendant may elect to have his or her program supervised by the Yakima County Probation Department rather than the judge.

I. A public safety and education assessment in the amount of up to seventy percent of the fine, forfeiture or penalties upon conviction pursuant to RCW 3.62.090.

J. A crime victim assessment in the amount of five hundred dollars for gross misdemeanor convictions or two hundred fifty dollars for misdemeanor convictions pursuant to RCW 7.68.035 if the city of Wapato has comprehensive services or programming provided to victims of crimes.

K. A fifty dollar fee for all violations of RCW Title 46 pursuant to RCW 46.64.055(1).

L. All actual fees and costs for booking and jail days.

M. An amount deemed reasonable by the judge for recoupment of public defender costs where appropriate.

All fine payments received by the municipal court shall be applied first to court costs and then to the amount of the fine, statutory assessments, and assessments established by ordinance. (Ord. 1307 §6(E), 2015:  Ord. 1038 §1, 1997:  Ord. 967 §1, 1994:  Ord. 835 §1, 1986:  Ord. 801 §1, 1981)

2.24.090 Restitution for emergency response expenses.

A. Pursuant to RCW 38.52.430, a person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for driving while under the influence of intoxicating liquor or any drug, is liable for the expense of an emergency response by a public agency to the incident. The municipal court judge is authorized to impose such amount as restitution against any person who has been found guilty of, or who has had their prosecution deferred for, driving while under the influence of intoxicating liquor or any drug, which conviction pursuant to RCW 46.61.502 occurs within the Wapato municipal court; provided, that in no event shall a person’s liability for restitution under this section for the expense of an emergency response exceed two thousand five hundred dollars for a particular incident.

B. In order for the municipal court judge to impose costs of emergency response, it is necessary that the emergency response costs be filed with the court prior to disposition of the matter. 

C. Emergency response costs may be part of any plea agreement for any case where a person’s intoxication causes an incident that requires an emergency response.

D. 1. For purposes of this section, the phrase “expense of emergency response by a public agency” means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, firefighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.

2. The term “public agency” means the state and the city of Wapato, including the Wapato police department, Wapato fire department, Wapato public works department, and any other law enforcement agency or department thereof, and any other municipal corporation or department thereof, which provided emergency response services to the incident. (Ord. 1307 §6(F), 2015:  Ord. 1154 §1, 2007)

2.24.100 Stipulated orders of continuance/other deferred sentences.

A defendant entering into a stipulated order of continuance or another deferred sentence, other than a deferred prosecution on a driving under the influence or similar charge, with the city shall pay a deferred fee of one hundred fifty dollars. The court also may assess an attorney recoupment fee of seventy-five dollars if the judge finds that a defendant represented by the public defender has the ability to make that payment as part of the continuance or deferral of the sentence. (Ord. 1307 §19(B), 2015)

2.24.110 Bailiff authority.

Bailiffs in the course of their duties shall have the authority to perform duties in the enforcement of court security, taking persons into custody as ordered by the judge, escorting persons to and from the courtroom, screening individuals for drugs or weapons, and intervening in violent situations to protect the innocent, including the use of necessary and reasonable physical force. (Ord. 1307 §19(C), 2015)

WMLR – Local Court Rules