§ 1.08.020. Presiding officer; magistrate duties.

A.

Presiding Officer. The presiding officer of the magistrate's court shall be the city magistrate, who shall be appointed by the council. A magistrate shall serve for a term of four years with the beginning and end of the term of appointment to correspond with his or her elected service to the office of Justice of the Peace for Precinct Number Four, Cochise County, State of Arizona. A magistrate shall be appointed to serve as a juvenile hearing officer as provided by statute. Otherwise, the magistrate shall be appointed to serve as juvenile hearing officer as provided by statue and the magistrate serves at the pleasure of the appointing governing body. The magistrate shall receive such compensation as the council may from time to time determine.

B.

Absence of the Magistrate. If the magistrate is temporarily absent or is incapacitated or unable to serve, the nearest Justice of the Peace within the county may be called upon by the mayor to preside over the magistrate court. The mayor and council may appoint a judge pro-tem to preside in the absence of the magistrate and mayor may call upon a judge pro-tem to preside in the absence of the magistrate.

C.

Powers and Duties. The powers and duties of the magistrate shall include:

1.

The powers and duties set forth and conferred upon presiding official under the provisions of the state constitution and statutes, this Code and the ordinances and resolutions of the city.

2.

The duty to keep a docket in which shall be entered each action and the proceedings of the court therein.

3.

The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law.

4.

The duty to pay all fees, fines, penalties and other monies collected by the court to the required entities and the treasurer of the City of Willcox.

5.

The duty to submit a monthly report to the council summarizing court activities for that month.

6.

The duty to prepare a schedule of traffic violations not involving the death of a person, listing specific bail for each violation.

7.

The duty to establish and implement a bond schedule for offenses for which persons are incarcerated and eligible for pretrial release and/or for appearance bonds and designate procedures for acceptance of bail bonds in lieu of continued detention during hours when the municipal court is not in session and/or when a judge pro-tem or justice of the peace is not available.

(Ord. NS283, § 1(1-8-2), 2008; Ord. NS321, § 1, 2015)