(A) Court enhancement fee.
(1) There is created a court enhancement fund for the purpose of funding improvements to the court. All funds collected pursuant to this section shall be deposited into the court enhancement fund. Funds in the court enhancement fund shall be segregated and shall not be mingled with the general revenues of the town. Monies in the fund shall supplement, not supplant, funds provided to the municipal court through the town budget process. Interest earned on the monies in the fund shall be credited to the municipal court enhancement fund. The municipal court, through the presiding judge, shall administer the fund and may make expenditures from the fund for the purposes approved in this section.
(2) All funds in the court enhancement fund shall be used for the purpose of acquiring sites for, constructing, acquiring, repairing and/or improving new or existing buildings, equipment and/or other improvements or services to be used for the enhancement of the court.
(3) The clerk of the court shall add to the amount of every fine levied against a person who has been convicted of a criminal offense, or who has been adjudicated responsible for a civil traffic offense or participates in any court authorized diversion program, including authorized defensive driving courses, an administrative court enhancement fee. If a person has been convicted or adjudged responsible for more than one offense in the same case, only one fee shall be charged for that case. All funds collected pursuant to this court enhancement fee shall be deposited into the court enhancement fund and disbursed only for the purposes set forth in this section.
(4) The Magistrate Court, through the presiding judge, shall annually submit to the town manager a report detailing the amount of money collected and expended during the reporting year once the fee is assessed.
(B) Default fee. The court shall assess a defendant a default fee for each default judgment entered in a civil traffic violation case upon a failure of such defendant to appear or upon such defendant’s failure to pay a civil sanction, unless such default judgment is set aside according to the governing rules. The presiding judge or hearing officer may waive all or any part of the fee if the payment of the fee would cause undue hardship to the defendant in the interests of justice.
(C) Warrant fee. If a judge of the court issues a warrant for the arrest of a person who has either failed to appear for a scheduled court appearance involving at least one criminal charge, or who has been convicted of a criminal offense and has failed to pay a fine, fee, restitution award, or cost of incarceration, or who has failed to comply with the terms of a plea agreement, payment order, sentencing order, or other court order the clerk of the court shall impose on the person an administrative fee to reimburse the town for the cost incurred by the court for preparing and/or processing the arrest warrant.
(D) Administrative fee for deferred prosecution/ diversion programs. The court may assess and collect an administrative fee with regard to any defendant who is permitted and elects to participate in any deferred prosecution or diversionary program.
(E) Miscellaneous fees. In addition to any other fees or assessments charged by the court, the court may order the defendant to reimburse the town for actual amounts charged to the town by Maricopa County for jail costs, or for any public defender, or expert witness fees. However, before assessing such fees in reimbursement, the judge must first determine that the person fill out a financial statement to determine the ability to pay the said amount. Further, The court may assess appropriate fees for supervised probation, civil traffic appeal fees, audio/video record duplication fees, insufficient check fees, and fees for copies.
(F) Authority to waive fees and reimbursement obligations. A judge of the court may waive all or part of any fee or reimbursement obligation imposed under this section if the judge so determines that such waiver is required in the interests of justice or is unable to pay the fee or obligation.
(G) Court fee schedule. The amount of the fees as hereinbefore authorized shall be assessed by the Town Council from time to time in its discretion to provide for the efficient operation of the Town Magistrate Court, and shall be an established subsection of fees within the Town of Gila Bend Fee Schedule as established and amended by resolution.
(Ord. 12-07, passed 9-4-2012)