Chapter 8. JUSTICE COURT  

Section 8.1. There is hereby established a Justice Court in the city to be presided over by the Justices of the Peace.

Section 8.2. The Justices of the Peace in office at the time of the adoption of this charter shall remain in office until the expiration of the terms for which they were elected, but shall have powers and duties prescribed in this charter for the Justices of the Peace to be elected in 1959 and 1961 and every fourth year thereafter.

Section 8.3. A Justice of the Peace shall be elected at the city election held in 1961 and every fourth year thereafter. The Justice of the Peace shall take office on July 4th following his election and shall serve for a term of four years.

The Associate Justice of the Peace shall be elected at the city election held in 1959 and every fourth year thereafter. The Associate Justice of the Peace shall take office on July 4th following his election and shall serve for a term of four years.

Section 8.4. The Justices of the Peace shall possess the same qualifications as are prescribed in the charter for other elective officers.

Section 8.5. The Justices of the Peace in the City of Scottville shall have the same powers, duties and jurisdiction as the Justices of the Peace in Townships and shall be subject to the general laws with respect to such Justices except as otherwise provided in this charter.

Section 8.6. The Justices of the Peace shall also have:

(a) Concurrent jurisdiction, to the amount of $500.00 in all civil matters ex contracto and ex delicto with such exceptions as are provided by law.

(b) The same power and authority as Circuit Courts possess to set aside the verdict or judgment in any civil cause, and grant a new trial therein, upon legal cause shown therefor, whenever a motion, in writing, is made and filed with the Justice within five days after rendition of the verdict or judgment in said case, which motion shall briefly and plainly set forth the reasons and grounds upon which it is made and shall be setting forth the facts relied upon. Notice of the hearing of such motion, with a copy of motion and affidavits, filed as aforesaid, shall be served upon the adverse party or his attorney at least two days before hearing thereof and such motion shall be submitted and be heard within one week after the same shall have been filed, and such motion shall be determined within two days after the same shall have been heard and submitted; and the time for taking an appeal from judgment in case such motion shall not be granted, shall begin to run from the time when such motion shall be overruled; and in no case shall the pendency of such motion stay the issuing and levy of an execution in such case, but in case of a levy under execution pending such motion, no sale of the property so levied on, shall be advertised or made, until the final determination of such motion.

(c) Such additional powers and authorities as may be conferred upon City Justices of the Peace by State Law, it being the intent of this charter that the Justices of the Peace of the City of Scottville shall have and exercise all powers and authority which such Justices in cities may now or hereafter be permitted to exercise under the State law, under this charter or under the ordinances of the city.

Section 8.7. The Justices of the Peace shall have exclusive authority to hear, try and determine all suits and prosecutions for the recovery and enforcing of fines, penalties and forfeitures imposed by this Charter and the ordinances of the city, and to punish offenders for the violation of such Charter and ordinances as in such Charter or ordinances as prescribed and directed.

Justices of the Peace shall have exclusive jurisdiction within the limits prescribed by law, to hear, try and determine all actions and prosecutions for the recovery or enforcing of all fines, penalties and forfeitures; for violation of this Charter, or any law of the State with the City of Scottville; and for encroachments upon and injuries to any of the streets, alleys and public grounds within the City.

Section 8.8. In the City of Scottville, one Justice shall be hereinafter referred to as the Justice of the Peace, and another shall be referred to as the Associate Justice of the Peace. The Justice of the Peace elected in the election of 1959, and each fourth year thereafter, shall be called the Associate Justice of the Peace and shall serve for a term of four years from and after the 4th day of July next following his election. The Justice of the Peace elected in the election of 1961, and each fourth year thereafter, shall be termed the Justice of the Peace and shall hold office for a term of four years from and after the 4th day of July next following the City election. The Associate Justice of the Peace shall devote such part of his time to his official duties as the work of the Justice Court shall require or as may be required by law or ordinance. The Associate Justice of the Peace shall normally act only in the case of the absence, disability or disqualification of the Justice of the Peace. The Justice of Peace and his business partners and employees shall have no part in any case before the Justice Court in which such Justice of the Peace is silting or otherwise serving officially. The Associate Justice of the Peace and his business partners and employees shall have no part in any case before the Justice Court in which such Associate Justice of the Peace is sitting or otherwise serving officially.

Section 8.9. The Justice of the Peace shall receive such annual compensation as shall be fixed by ordinance. The Associate Justice of the Peace shall receive such per diem compensation as shall be fixed by the ordinance.

The ordinance fixing the salaries of the Justices may not be amended less than thirty days before the last day of filing nominating petitions for the election at which such Justices are to be elected nor may the compensation of any Justice be changed during the term of office for which he was elected or appointed. In the event that no ordinance is passed amending the salary of the Justice of the Peace as set out in this paragraph, the salary of the Justice of the Peace shall remain the same for the ensuing term as it was for the previous term.

The salary of the Justice of the Peace shall be in lieu of all fees, both in civil and criminal cases, to which said Justice might be entitled, but for the provisions of this section, except those for the performance of marriage ceremonies, for administering oaths in matters not connected with situs and proceedings in this court, and for acting as coroner.

The City may by ordinance, determine that the Justice of the Peace and the Associate Justice of the Peace shall receive no salary from the city and shall retain as full compensation for his duties as Justice of the Peace and as Associate of the Peace, such fees as are or may be allowed to that office under the laws of the State of Michigan.

Section 8.10. The Commission may furnish necessary supplies and a suitable place for the conducting of court by the Justices. It may regulate the hours of court of said Justices and may make other necessary and proper rules and regulations for the conduct of the business of the court which are not inconsistent with this Charter or the statutes.

Section 8.11. In case of the absence, disability or disqualification of both Justice and the Associate Justice, any other Justice of the Peace or Municipal Judge in the County of Mason shall be qualified to act in the place of and for the Justice in the performance of any of the duties imposed upon him by statute or this Charter.

The Commission shall by ordinance, fix the compensation to be paid any such Justice or Judge for such services and the procedure to be followed in calling upon him so to act. Unless the Commission shall so provide by ordinance, no such Justice shall act or be entitled to compensation therefor.

Section 8.12. If the Justice be paid an annual salary, all fees and fines, penalties, forfeitures, and moneys collected in city ordinance and charter cases, shall be credited to the general fund of the City. All costs and fines received for the violations of the penal laws of the state, when collected and paid into the city treasury shall be disposed of as provided by statute. If the Justice is on the fee system of compensation, all fines, penalties, forfeitures and moneys collected or received by the Court shall be paid over to the City Treasurer on or before the first day of the next month after the collection or receipt thereof and the Court shall take receipt thereof and file the same with the Clerk. Failure of the presiding officer to comply with the foregoing provisions shall constitute misconduct in office. The expenses of prosecution before the Justice for violations of penal laws of the State and in punishing the offenders shall be paid by the County of Mason.

Section 8.13. The Justice of the Peace shall keep, at the place of holding court, a docket in the manner required by statute. Failure to comply with the requirements of this section shall constitute misconduct in office.

Section 8.14. The Commission shall have power and authority to establish by ordinance, a Traffic Violations Bureau within the Court for the handling of violations of ordinances and regulations of the City restricting the parking of vehicles. The creation of such a bureau shall not operate so as to deprive any person of a full and impartial hearing in court should such person so choose.

Section 8.15. The City Manager shall appoint one or more persons of the city as constables. Such constables shall have like powers and authorities in matters of civil and criminal nature and in relation to the service of processes, civil and criminal, as are conferred by law on constables in townships. They shall have power also to serve all processes issued for breaches of ordinances of the city. The bond of constables shall be that required of constables in townships. The compensation of the constables shall be determined by the Commission.