CHAPTER 278

An Act to amend and reenact § 68 as amended, of Chapter 64 of the Acts
of Assembly of 1896, approved January 16, 1896, which provided a
charter for the city of Newport News, in the county of Warwick,
which section relates to certain justices of certain courts. iH 7

768

Approved March 8, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 63 as amended of Chapter 64 of the Acts of Assembly of
1896, approved January 16, 1896, be amended and reenacted as follows:

§ 63. Municipal Court.—There shall be one judge of the municipal
court, who shall hold the municipal court of the city, and who at the time
of his election shall be an attorney at law licensed to practice law in this
State for five years, and shall during his term of office reside in the said
city.

Such judge shall receive such compensation as may be fixed by the
council and shall receive no other compensation for the performance of
his duties. All fees, both city and State, allowed by law for any services
and collected by him shall be paid daily to the chief of police or such
member of the police force as may be designated by the city manager to
collect same, giving receipts therefor and making reports thereof on forms
prescribed by the city auditor, and the person so designated shall furnish
bond with surety as fixed and approved by the council and shall pay all
sums so collected by him in the same manner as in the case of fines, costs,
etc., and shall report same weekly to the city auditor, provided, that if and
when a clerk be authorized by ordinance of the city council of the said city
as hereinafter provided, this provision shall become inoperative. The fees
to be charged by the said court shall be as follows:

1. Trial fee, $1.00.

2. Bail fee, misdemeanor, $1.00.

3. Bail fee, felony, $2.00.

4. Arrest fee, $1.00.

5. Warrant fee, $0.50.
6. Additional costs in state cases where fine is assessed, $1.25, and
where no fine is assessed $0.25 to be paid to the clerk of the corporation
court. °

7. Commonwealth attorney’s fee of $5.00 in cases in which the Com-
monwealth attorney appears, one-half of which shall be paid to the state
and one-half of which shall be paid to the city of Newport News.

The judge of the corporation court shall, by proper order of record,
appoint as substitute judge of the municipal court, a person with like
qualifications to the judge of the municipal court, and may at any time
revoke such appointment and make a new appointment in like manner
in the event of such revocation or the death, absence or disability of such
substitute judge of the municipal court.

In the event of the inability of the judge of the municipal court to
perform the duties of his office by reason of sickness, absence, vacation,
interest in the claim or party, or otherwise, such substitute judge of the
municipal court shall perform the duties of the office during such absence
or disability and shall receive for his services such compensation as * may
be fixed by the council, payable out of the treasury of the city, the amount
for such services to be approved by the judge of the corporation court of
the city. While acting as such, either the judge of the municipal court or
the substitute judge of the municipal court may enter judgments, grant
new trials, hear motions and perform other acts in reference to the pro-
ceedings of the other in the same manner as if they were his own.

The said judge of the municipal court shall not appear as counsel
in any case, civil or criminal, pending in the civil court, municipal court
or juvenile and domestic relations court of the city, or on appeal or
removal from any of the courts.

The municipal court shall be open for the transaction of business
every day in the year, except Sundays and legal holidays, but the judge
of the municipal court shall be allowed annually a vacation period of not
more than thirty (30) days in each year.

The judge of the municipal court shall be a conservator of the peace
within the corporate limits of the city and within one mile beyond said
limits, and within such limits shall have exclusive original jurisdiction for
the trial of all offenses against the ordinances of the city, provided that
the city shall have the right to an appeal to the corporation court of the
city from any decision of the judge of the municipal court affecting the
legality or validity of any ordinance passed by the council of the city;
and he shall have concurrent jurisdiction with the corporation court in all
cases of the violation of the revenue laws of the state.

The judge of the municipal court shall possess all the jurisdiction and
exercise all the power and authority of a justice of the peace, and, except
where it is otherwise specifically provided by law, shall have exclusive
original jurisdiction for the trial of all misdemeanor cases occurring
within the corporate limits of the city and concurrent jurisdiction with
the county authorities of offenses committed within one mile of the
corporate limits. The judge of the municipal court shall have original
jurisdiction to hold preliminary hearings upon charges of felony for
violation of the laws of the State, to send on to the grand jury those
charged with felony against whom he finds probable cause and to discharge
those charged with felony as to whom he does not find probable cause of
guilt. An appeal may be taken as a matter of right to the corporation
court of the city from any judgment or decision of the judge of the
municipal court imposing any fine, penalty, imprisonment, or other punish-
ment for violation of any penal law of the state or ordinance of the city
provided that such appeal shall be taken within ten (10) days from the
date of such judgment or decision, and in those cases in which the accused
is not in custody, an appeal bond shall be given in such sum as may be
required by the judge of the municipal court within ten (10) days from
the date of such conviction.

The judge of the municipal court shal] have the same power in matters
of contempt as are conferred on courts and judges by the general law, but
in no case shall the fine exceed fifty dollars and imprisonment exceed ten
days for the same contempt. From any such fine or sentence an appeal
shall be allowed as of right to the Corporation Court of the city of Newport
News, Virginia, and the proceedings on such appeal shall conform to the
provisions of § 18-257 of the Code of 1950, as now or hereafter amended.

In the absence of the judge of the municipal court and the substitute
judge of the municipal court the desk sergeant on duty at the police station
shall have the same power to admit to bail persons charged with misde-
meanors as the judge of the municipal court would have if present, shall
collect the fees therefor and shall report and pay same to the officer
authorized to collect fines imposed in the municipal court, and shall have
the same power to admit to bail such persons charged with noncapital
felonies as the judge of the municipal court would have if present, provided
that the amount of bail bond to be required in such felony cases shall be
fixed by the judge of the municipal court or the substitute judge thereof
and provided that in all capital felony cases only the judge of the municipal
court or the substitute judge thereof or other person authorized by law
to admit to bail shall act. :

The judge of the municipal court may, when authorized by the city
council by ordinance so to do, appoint a bailiff for his court, who shall
hold office until removed by the judge of the municipal court. The bailiff
shall have charge of persons accused of crime while in the courtroom for
trial and if such person be convicted shall return the same to a designated
officer of the police force after trial. He shall attend all sessions of the
municipal court, shall have charge of the municipal court room, the office
and furniture and other property contained therein, and shall perform
such other services as may be required of him by the judge of the municipal
court. The bailiff shall have the power and authority of a police officer
and shall receive for his services such compensation as the council of the
city shall fix, to be paid out of the city treasury. The bailiff with the
approval of the city manager may be a member of the police force of the
city of Newport News in which event he shall be relieved of his routine
duties but shall remain subject to supervision and jurisdiction of the chief
of police and the city manager and shall retain his status as a member
of the police force in so far as his rank, salary, and right of retirement
are concerned. He shall be allowed annually a vacation of two weeks with
pay.

The judge of the municipal court shall when authorized by the council
by ordinance so to do appoint a clerk for his court who shall hold office
until removed by the judge of the said court. Such clerk shall keep the
docket, records and accounts for such court and shall discharge such other
duties as may be prescribed by the judge thereof. He shall account for
all fines, costs, and other monies received by him as such clerk as required
by law, giving receipts therefor and making reports thereof on forms
prescribed by the city auditor. He shall be authorized to administer oaths,
qualify sureties, to take bonds, and admit to bail in misdemeanor cases
as the judge might do in person. He shall account to the city auditor
weekly for all city funds coming into his hands and shall account to the
clerk of the corporation court monthly for all state monies coming into
his hands. Such weekly reports shall be filed within two days after the
expiration of each week and such monthly reports shall be filed within
five days after the expiration of each month. He shall give bond in such
sum as may be fixed by the city council by ordinance with surety to be
approved by the city auditor. He shall perform such other duties as may
be required of him by the judge of the municipal court. The clerk with
the approval of the city manager may be a member of the police force of
the city of Newport News in which event he shall be relieved of his routine
duties but shall remain subject to supervision and jurisdiction of the chief
of police and the city manager and shall retain his status as a member of
the police force in so far as his rank, salary, and right of retirement are
concerned. The clerk shall be allowed annually a vacation of two weeks
with pay.

The judge of the said municipal court may appoint a substitute clerk
and substitute bailiff to act in the event of illness of the clerk and/or
bailiff as the case may be and when so designated they shall execute said
offices as the clerk or bailiff would do.

The council shall provide a suitable courtroom and office for the
judge of the municipal court and shall furnish all necessary furniture,
books, and stationery. Such books shall be under the control of the judge
of the municipal court, but shall remain the property of the city.

The records of the judge of the municipal court shall be kept in the
manner prescribed by the council of said city.

Provided, that in the event an additional judge of the municipal court
or judges of the municipal court be appointed as authorized in section
eleven of this Act, then and in that event such additional judge or judges
shall preside over such sections or sessions of the said court as may be
provided by ordinance of the city council and shall have and exercise all
powers and jurisdiction conferred on the judge of the municipal court by
this Act. Such additional judge or judges shall have all the qualifications
prescribed by this Act for the judge of municipal court and shall receive
such compensation as may be fixed by the city council and no other and
hold oriee for such term as may be prescribed by ordinance of the city
council.

2. An emergency exists and this act is in force from its passage.