[1]
Editor's Note: See now MCLA § 6000.9921.
The Justice Courts of the City of Coldwater are hereby abolished,
effective July 4, 1961, and the powers, jurisdictions, and duties
of said courts are hereby consolidated into one court to be presided
over by a Municipal Judge who is a qualified resident elector of the
city and is an attorney admitted to practice law in the Supreme Court
of Michigan immediately preceding the date of his appointment or election.
Such court shall be known and designated as the "Municipal Court of
the City of Coldwater." The Municipal Court shall be located in the
City Hall or in such other place as the Council shall prescribe by
ordinance.
The Council may provide for the office of Associate Municipal
Judge in accordance with and subject to the provisions of Act No.
109 of the Public Acts of 1947.
Neither the Municipal Judge, nor any Associate or Substitute
Municipal Judge, shall sit in or preside over any case in which either
he or his business partner is attorney or counsel for any party in
the case.
(a)
The Municipal Judge shall be compensated by the City of Coldwater
by a salary in such sum and in such manner as the Council shall determine,
but not less than $7,500, nor more than $10,000, per year. No action
of the Council determining the salary of the Municipal Judge shall
be taken less than 30 days before the last day for filing nominating
petitions for election to that office at the next regular city election.
In the event that no change is so made, the compensation of the Municipal
Judge during the previous term shall continue as the compensation
of the Municipal Judge after he has been elected and assumes his office.
(b)
The salary of the Municipal Judge shall be in lieu of all fees, both
in civil and criminal cases, to which the Municipal Judge might be
entitled, but for the provisions of this Section. Such fees, in civil
cases, shall be collected by the Municipal Judge and turned over by
him to the Treasurer on the first and 15th day of each month, or as
otherwise required by law. Such fees in criminal cases shall be charged
and collected and presented to and audited by the Board of Supervisors
of Branch County in the same manner and amounts as provided by law
in the case of Justices of the Peace in townships. Upon allowance
by the Board of Supervisors, such fees shall be paid monthly by the
County Treasurer to the Treasurer of the city for the use and benefit
of the city. The Municipal Judge shall turn over to the Treasurer
all fines and costs collected by him for violations of this charter
and of the ordinances of the city. He shall account for and turn over
to the County Treasurer of Branch County all fines and costs received
by him in connection with State criminal cases, in the manner and
with like effect as provided by law relative thereto. All such costs
returned to him by the County Treasurer shall be paid over to the
City Treasurer promptly upon the receipt thereof.
The term of office of the Municipal Judge shall be six years
and shall commence on the first day of January following his election.
Except in the case of the first Municipal Judge, each person who is
appointed to fill a vacancy in that office shall assume office upon
his appointment and shall serve for a term ending on the first day
of January following the next regular city election, at which time
the person who was elected to the office of Municipal Judge at the
preceding election shall assume the duties of the office.
The Municipal Judge is empowered to receive, and shall take
from the Justices of the Peace herein abolished, all files, records,
and dockets kept by them pertaining to their offices. He shall be
empowered to issue executions according to the law as if said judgment
were rendered by him. He shall, further, have transferred to him any
or all actions or proceedings pending in either of the said offices
so abolished, and shall have full jurisdiction to proceed with such
actions or proceedings in the same manner as if they had been brought
before him originally.
(a)
The Municipal Judge shall have the same powers, jurisdictions, and
duties as were by the previous charter of the city and by law conferred
upon the Justices of the Peace herein abolished and all provisions
of law relative to jurisdiction which governed said Justices of the
Peace shall equally govern the Municipal Court, unless they are inconsistent
with this chapter and the Municipal Court herein established.
(b)
The Municipal Court shall have exclusive jurisdiction in the trial
of actions involving violations of this charter and of ordinances
of the city, subject to appeals therefrom to the Circuit Court for
the County of Branch and the Supreme Court.
(c)
The Municipal Court shall have such original jurisdiction as is provided
by law for justices of the peace and municipal courts, including Act
No. 5 of the Public Acts of 1956, as amended, in civil and criminal
actions and, as provided and permitted in that act, shall have concurrent
jurisdiction with the Circuit Court for the County of Branch in all
civil actions and actions of replevin wherein the debt or damages
claimed or the value of the property involved, as the case may be,
does not exceed $1,000. Should any law permit the Court to have a
higher dollar limit jurisdiction at any time, the Court shall have
jurisdiction to the amount of such higher limit, without the necessity
of amending this charter or any action by the Council.
(d)
The Municipal Court shall have the same jurisdiction, power, and
authority to set aside a verdict or judgment and grant a new trial
therein, upon timely and legal cause shown, as the Circuit Courts
of the State possess, in accordance with the provisions of Section
28 of Act No. 279 of the Public Acts of 1909, as amended, pertaining
thereto. The filing of a motion for a new trial or to set aside a
verdict or judgment shall have such effect on the time for taking
an appeal, the issuance of levy of an execution, and other proceedings
as provided and permitted to Municipal Courts in said Section 28 of
Act No. 279 of the Public Acts of 1909, as amended.
(e)
The Municipal Court shall have the jurisdiction herein granted in
all townships throughout the County of Branch.
The Council shall provide proper accommodations for the Municipal
Court and may provide, by ordinance, for the hours and times that
such Court shall be in session.
The Council may provide for a Court Clerk for the Municipal
Court and prescribe by ordinance the duties thereof. Such Court Clerk
and Deputy Clerk or Clerks shall, by virtue of their office, be empowered
to administer oaths and do all things required of and permitted to
them by Section 28 of Act No. 279 of the Public Acts of 1909, as amended,
subject to audit as in such section required.
As provided and permitted by Act No. 5 of the Public Acts of
1956, as amended, such act shall apply to and govern the Municipal
Court, except as the same may be inconsistent with Section 28 of the
Public Acts of 1909, as amended.
The Municipal Judge shall give bond to the city and to the County
of Branch in the sum of $5,000 for the faithful performance of the
duties of his office and the requirements of law.
The Municipal Judge shall appoint a Constable, subject to the
confirmation of the Council before such appointment shall be final.
Such Constable shall serve for an indefinite term and may be removed
by the Municipal Judge. In all other respects, he shall be subject
to the provisions of this charter concerning officers of the city.
The Constable shall have all of the powers conferred upon Constables
by law and shall do and perform all acts and duties required of Constables
by law. At the request and direction of the Municipal Judge, the Constable
shall be the court officer of the Municipal Court and shall be responsible
to the Municipal Judge for the maintenance of order in the court room
and for the custody of violators of the provisions of this charter
and of the ordinances of the city while such persons are in the court.
With the consent of the Chief of Police, the Constable may be one
of the members of the police department of the city. As his compensation,
the Constable shall be entitled to the fees to which constables are
entitled by law. In addition to such compensation, the Council may
provide for the payment of such additional salaried compensation as
it deems proper. If the Constable is a member of the police department
of the city and receives a salary from the city for his duties as
a police officer, he shall not receive any additional salary for his
duties as a Constable.
The Court shall have power to establish a violations bureau,
comparable to the provisions of Act No. 85 of the Public Acts of 1953.
In addition to violations of the traffic ordinances, the said bureau
shall also assist the court in the disposition of such other ordinance
violations which may lawfully be handled by such bureau, as the Council
shall prescribe. Any person who has received notice to appear in answer
to any such violation may, within the time specified in the notice,
answer at the violations bureau to the charge set forth in such notice
by paying a prescribed fine, which fine cannot be waived by the bureau
and, in writing, pleading guilty to the charge, waiving a hearing
in court and giving power of attorney to the person in charge of the
bureau to make such a plea and pay such a fine in court. Acceptance
of the prescribed fine and the power of attorney by the bureau shall
be deemed to be complete satisfaction for the violation, and the violator
shall be given a receipt which so states. The creation of such a bureau
by the Court shall not operate so as to deprive any person of the
right to a full and impartial hearing in court, either with or without
jury, should such person so choose.
