(A) Being the intent of City Council to create a formal Municipal Court/Police Court Judge position, and pursuant to W. Va. Code 8-10-2, the City Council has created a Municipal Court Judge position. The City Council intends this chapter to apply retroactively to April 6, 2020. In the event that this chapter cannot be applied retroactively, the position of Municipal Court Judge shall become effective on the date this chapter was passed.
(B) All prior ordinances in conflict with this chapter are hereby repealed, except that this chapter shall not repeal § 21 of the Weston City Code of 1972. This chapter, relative to the Weston City Code of 1972, simply places the role of Police Court Judge in the hands of a Municipal Court Judge position and not in the hands of the Mayor.
(C) The terms MUNICIPAL COURT and POLICE COURT shall mean the same court for purposes of this chapter.
(D) All prosecutions for violation of this code and other ordinances of the city shall be tried in the Police Court of the city. The City Clerk shall be the judge of the Police Court and all trials shall be held before him or her. The City Clerk shall be the clerk of the Police Court.
(E) The City Clerk, acting as Police Court Judge, pursuant to the ordinances of the city, the statutes of the state, and the Charter of the city, shall be entitled to an annual compensation; such compensation shall be solely for the additional duties of the Clerk as Police Court Judge for the city and shall be solely his or her compensation for such services.
(F) The Municipal Court Judge shall hear all matters arising under the laws, ordinances, rules, regulations, and the like of the city.
(G) In the event the Municipal Court judge is unable to perform his or her duties, the role of Municipal Court Judge shall be placed on the Mayor. In the event the Mayor cannot fulfill the role, the City Clerk shall perform the duties of Municipal Court Judge.
(Prior Code, § 21-1) (Ord. passed 1-31-2008; Ord. passed 6-7-2021)
Charter reference:
As to docket and records of Mayor’s Court, see Charter § 35
Statutory reference:
Authority of city to establish a Police Court, see W. Va. Code 8-10-2
Authority of Mayor as ex officio justice and the like, see W. Va. Code 8-10-1
Authority to commit prisoners to county jail, see W. Va. Code 8-10-1 and 8-11-1
Commitment to workhouse, see W. Va. Code 7-9-16 and 7-9-19