The powers and duties of the Magistrate shall include:
(A) The powers and duties set forth and conferred upon the Town Magistrate 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) (1) Fines and deferred prosecution.
(a) The responsibility for establishing the amounts of all fines, penalties, bails, bonds, or other fees or monies derived therefrom as provided by law and in accordance with the Minimum Accounting Standards for Arizona Courts.
(b) Where the Town Attorney has established a deferred prosecution program for adult and/or juvenile offenders providing that the Town Attorney may defer, prior to a guilty plea or a trial, or any other proceeding in juvenile cases, the prosecution of a person committing a crime and provide in a written deferred prosecution agreement certain terms required to be satisfied by the defendant or juvenile prior to the dismissal of the action, in such cases the court may require and collect a participation fee in the amount of $100. Said fee to be paid to the town in accordance with this subchapter and division (D) below.
(2) Magistrate Court Enhancement Fund.
(a) There is hereby created a Court Enhancement Fund, which shall be used exclusively to enhance the technological, operational, and security capabilities of the Magistrate Court.
(b) The Court Enhancement Fund shall be funded by an enhancement fee in the amount of $10, which shall be applied to each charge, offense, or count where the Magistrate Court imposed a fine, sanction, penalty, or assessment. All applicable surcharges shall be applied to the court enhancement fee, and shall be paid over to the State Supreme Court. The enhancement fee shall also apply to fees collected for court authorized diversion programs. COURT AUTHORIZED DIVERSION PROGRAM, as used in this section, means a program in which an individual charged with any civil, criminal, or petty offense is not prosecuted for the offense on successful completion of an authorized diversion program and it includes authorized defensive driving courses.
(c) The Court Enhancement Fund shall be established as a designated fund account with the Town Finance Department. The Magistrate Court shall collect enhancement fees and the Town Finance Department shall deposit them in the Court Enhancement Fund in the same manner as other town funds. Interest earned on fund monies shall be credited to, and deposited in, the Enhancement Fund account.
(d) The Magistrate Court shall administer the Fund and may make expenditures from the Fund for the purposes provided in this section. Monies from the Fund shall supplement, not supplant, monies already provided to the Magistrate Court by the town.
(e) The Magistrate Court shall annually submit to the Mayor and Town Council a report detailing the amount of money collected and expended during the reporting period and the progress made in court enhancement.
(3) Reimbursement for costs. Any person who has been detained on an arrest warrant or convicted of a misdemeanor criminal offense by the Magistrate Court and sentenced to a term of incarceration in the county jail, or any other detention facility authorized by law, may as a part of any fine imposed by the Magistrate Court, be required to reimburse the town for all or any part of the actual expenses the town has or will incur to the county or other authorized detention authority by reason of the incarceration. Jail costs include, but are not limited to, any or actual costs incurred by the town while the misdemeanant is incarcerated; the amount equals the number of days the misdemeanant is actually incarcerated in the county jail or detention facility multiplied by the prevailing per diem rate charges to the town at the time that the misdemeanant is incarcerated; and/or any and all medical costs and fees incurred.
(4) Administrative fee for warrants.
(a) When a Magistrate of the Municipal Court issues a warrant for failure to pay a fine, restitution, or any other monetary obligation, or for failure to comply with a term or condition of sentence, an administrative fee in the amount of $50 shall be imposed upon the person for whom the arrest warrant is issued; and this fee shall be added to the amount set forth in the arrest warrant.
(b) The Magistrate may require the warrant fee be paid prior to quashing, removing, or satisfying any warrant issued by the Municipal Court.
(5) Authority to waive fine or fee. The Magistrate may waive all or any part of a fine or fee when the payment of all or any part of the fine or fee would cause a hardship to the defendant or a waiver would be in the interest of justice.
(6) Collection of fees.
(a) In addition to any other remedies which will be allowed by law, the Town Attorney is authorized to file any appropriate civil suit in any court of appropriate jurisdiction for recovery of the fees referred to herein and/or may cause to be recorded a certified copy of any judgement or restitution order as a lien against the defendant’s property.
(b) The town may, if a fine is imposed for the violation of the town code, an ordinance, or a statute of the state within the jurisdiction of the court, have execution against the property of the defendant as in civil actions. Any certified copy of a judgment issued by the Magistrate Court may be recorded within the State of Arizona or any other state of the United States.
(c) A defendant who defaults in his or her obligation for the payment of monies owed or due to the Magistrate Court including, but not limited to, restitution, fines, sanctions, surcharges, assessments, penalties, bonds, costs, and fees, is liable for any fees and charges assessed by a collection agency that is licensed pursuant to A.R.S. Title 32, Chapter 9, Article 2, as amended, and that is engaged by the Magistrate Court to collect and enforce such payment. The collection fees and charges assessed by the collection agency shall be added to the sum or sums due from and chargeable against the defendant.
(D) Payment of all fees, fines, penalties, and other monies collected by the court to the Treasurer;
(E) Submitting a monthly report to the Council summarizing court activities for that month;
(F) Preparation of a schedule of civil traffic violations not involving the death of a person, listing specific bond for each violation;
(G) Prepare reasonable personnel rules and regulations for employees of the town court. Said rules must be approved by the presiding judge of the Superior Court in the county and ratified by the Town Council which may not withhold its ratification without due cause. During any period of time where said personnel rules are not in force or where a situation arises that is not covered by these rules, then the most recent Judicial Merit System Resolution and Rules adopted by the Superior Court of the county shall apply;
(H) The Magistrate shall be the Personnel Director for the town court and shall be responsible for the hiring, discipline, and termination of all employees of the town court subject to the court’s personnel rules; and
(I) Prepare an annual budget proposal for the court and participate in the budget workshops or Council meetings where the court’s budget will be discussed.
(Ord. 2003-03, passed 2-28-2002; Ord. 2005-04, passed 6-9-2005; Ord. O2020.06, passed 4-23-2020)