12-4203.   Complaint; service; notice to appear orwarrant; failure to issue.(a) A copy of the complaint shall be served, together with a notice toappear or a warrant, by a law enforcement officer upon the accused person,and forthwith, the complaint shall be filed with the municipal court,except that a complaint may be filed initially with the municipal court,and if so filed, a copy of the complaint shall forthwith be delivered tothe city attorney.

      (b)   If a city attorney fails either to cause a notice to appear or torequest a warrant to be issued, on a complaint initially filed with themunicipal court, the municipal judge may, upon affidavits filed with him orher alleging the violation of an ordinance, order the city attorney toinstitute proceedings against any person. Any such municipal judge shall bedisqualified from sitting in any case wherein such order was entered and isfurther prohibited from communicating about such case with the municipaljudge pro tem appointed by the municipal judge to preside therein.

      History:   L. 1973, ch. 61, § 12-4203;L. 2004, ch. 71, § 2; July 1.