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All fines and costs shall be imposed and caused to be recorded by the Municipal Judge on the Municipal Court docket. After any fine and costs have been so imposed and recorded, the Municipal Judge shall have no power to remit or release the same or any part thereof except when necessary to correct an error. (Passed 3-4-21.)
(a) Any person sentenced to imprisonment, or any individual or corporation against whom a fine of ten dollars ($10.00) or more is assessed, shall have the right of appeal from such judgment of the Municipal Judge to the court having jurisdiction over appeals therefrom, upon the payment of costs and the execution of an appeal bond, with security deemed sufficient by the Municipal Judge, in a penalty of an amount deemed sufficient by the Municipal Judge, and costs, conditioned that the appellant will appear before the appellate court on the first day of the next term thereof to answer to the offense with which he is charged and to perform and satisfy any judgment which may be entered against him by the appellate court on such appeal.
(b) In no case shall a fine of less than ten dollars ($10.00) be imposed by a Municipal Judge if the defendant, his agent or attorney object thereto. If an appeal be taken, the warrant of arrest, transcript of the judgment, the appeal bond and other papers and exhibits in the case shall be forthwith delivered by the Municipal Judge to the clerk of the appellate court which shall have jurisdiction to try the case in accordance with law.
(c) Any defendant who is dissatisfied with any judgment of the Municipal Court against him or her within twenty (20) days after such judgment is rendered, legal holidays excepted, may appeal to the next term of the Circuit Court upon posting an appeal bond as set forth herein. (Passed 3-4-21.)
The Municipal Judge may punish for contempt a person guilty of any of the following acts:
(a) Contemptuous or insolent behavior towards him while he is engaged in the trial of a case or in any other judicial proceeding.
(b) Any breach of the peace, willful disturbance or indecent conduct in the presence of such Judge while so engaged, or so near as to obstruct or interrupt his proceedings.
(c) Violence or threats of violence to such Judge or any officer, juror, witness or party going to, attending or returning from, any judicial proceeding before such Judge in respect to anything done or to be done in the course of such proceeding.
(d) Misbehavior of any officer in his official character in respect to any action or judicial proceeding had or pending before such Judge or any process, judgment, order or notice therein.
(e) Willful resistance, in the presence of the Judge by an officer, juror, witness, party or other person to any lawful process or order of such Judge.
(Ord. 3-4-21.)
An appearance bond in any case before the Municipal Court shall be in such amount as the Municipal Judge prescribes and shall be conditioned that the defendant shall appear for trial before the Municipal Court at the stated time and place. An appeal bond in any case shall be in the sum of five hundred dollars ($500.00) and shall be conditioned that if the Circuit Court finds against the appellant, the fine and all costs of the trial and appeal shall be promptly paid by the defendant and/or his sureties. An appearance or appeal bond in any case may be made in the form of a cash deposit or by any corporate surety company authorized to do business in West Virginia or by two private persons who individually own real property located within the county. No other type of bond shall be acceptable. (Passed 3-4-21.)
All funds coming into the hands of the Municipal Judge in the form of fines, costs and forfeitures which total in excess of a one hundred dollar ($100.00) petty cash account shall be recorded by him and paid over daily to the Municipality. At the end of each quarter he shall submit to the city clerk a report accounting for the collection or non-collection of all fines and costs imposed by his Court during the current quarter and to date for the current fiscal year. (Passed 3-4-21.)
If the Municipal Judge for any reason disqualifies him or herself in any case in the Municipal Court, the Mayor upon being properly notified by the Court shall as expeditiously as possible appoint a Special Judge with the proper legal training and qualifications to preside over such case. The Special Judge shall be appropriately sworn in and act in the specific case in which the Municipal Judge has disqualified him or herself for all intents and purposes as the regular Municipal Judge. (Passed 3-4-21.)
If any person desires to obtain a duplicate of the record of any proceedings before the Municipal Court of Spencer, West Virginia, that person shall submit a request in writing on a form to be provided by the Chief of the Spencer Police Department. The request shall designate the date on which the proceedings occurred, shall be signed by the requesting person and shall be accompanied by a payment in cash, money order or cashier's check. The request and payment shall be submitted to the Chief of the Spencer Police Department.
If the proceedings were recorded on videotape, the cost of the duplication shall be twenty-five dollars ($25.00). If the proceedings were recorded on audiotape, the cost of the duplication shall be five dollars ($5.00).
Within ten (10) days of receipt of the written request and payment, the Chief of the Spencer Police Department shall cause a duplicated copy of the requested record to be produced and available to the requesting person. The requesting person shall pick up the duplicate record at the Police Department and shall receipt for the same. (Passed 3-4-21.)
(a) A fee of fifty dollars ($50.00) is hereby imposed upon any person whose driver's license or privilege to operate a motor vehicle in this State is reinstated after having been suspended for any of the following:
(1) Failure to timely pay costs, fines, forfeitures or penalties imposed by the municipal court;
(2) Default on a payment plan for such costs, fines, forfeitures or penalties; or
(3) Failure to appear or otherwise respond in court when charged with a municipal violation, all as provided for by the West Virginia Code.
(b) The fee imposed by this section shall be paid at the time the person's driver's license privilege to drive is reinstated by the State Division of Motor Vehicles. Such fee is imposed to defer the costs to the City associated with administrative expenses related to the suspension and reinstatement. (The fee is in addition to fees charged by the State Department of Motor Vehicles) (Passed 3-4-21.)
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