There is hereby established in the town a magistrate's 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 violation of laws of the state committed within the limits of the town. (1988 Code art. 5-1)
A. Presiding Officer Of Court; Appointment And Term: The town magistrate shall be the presiding officer of the magistrate's court and shall be appointed by the council. A magistrate shall serve for a term of two (2) years with the beginning and end of the term to be specified at the time of appointment 1 .
B. Removal From Office: During such term, a magistrate may be removed only for cause. (1988 Code §§ 3-2-6, 5-2-1)
C. Powers And Duties:
1. The town magistrate shall perform those functions necessary to the maintenance of the magistrate's court as provided by state statute. (1988 Code § 3-2-6)
2. The powers and duties of the magistrate shall include:
a. The powers and duties set forth and conferred upon him 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 fixing 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 treasurer.
e. Submitting a report as required by the council summarizing court activities.
f. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation. (1988 Code § 5-2-3)
g. Appointing one or more pro tem town magistrates pursuant to subsection 1-8-3B of this chapter. (Ord. 01-2014, 5-6-2014)
Notes
| 1 | 2. See also subsection 1-7-1A of this title. |
A. Every magistrate, pro tem magistrate, justice of the peace, pro tem justice of the peace, judge of the superior court, pro tem judge of the superior court and superior court commissioner so employed by any county, city or town of the state of Arizona, is qualified to serve as a pro tem town magistrate and, if appointed to serve in such capacity by the town magistrate, shall be permitted to serve as a pro tem town magistrate without the formality of ratification of such appointment by the council.
B. The town magistrate may, but is not required to, appoint one or more pro tem town magistrates not otherwise qualified to serve as pro tem town magistrate pursuant to subsection A of this section, with the advice and consent of the council.
C. A pro tem town magistrate shall, while serving, have all the duties, responsibilities and authority of the town magistrate.
D. Any pro tem town magistrate shall perform the duties of town magistrate on a temporary basis in the absence of the town magistrate.
E. A pro tem town magistrate shall, regardless of the presence or absence of the town magistrate, preside over such matters as are assigned by the town magistrate.
F. The term for a pro tem town magistrate shall be specified at the time of appointment. During such term, any pro tem town magistrate shall be removed only for cause. (Ord. 01-2014, 5-6-2014)
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