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06-L Municipal Judge ApptAGENDA INFORMATION SHEET PROJECT: Appoint a municipal court judge to the bench of the Municipal Court of the City of Paris. BACKGROUND: The current term of the Honorable Thomas E. Hunt, III, Municipal Court Judge, expires on September 30, 2001. In order to maintain continuity in appointment, the City Council needs to designate and appoint a new municipal court judge by formal resolution. By way of information, the municipal court judge is a Charter position found in Section 27 of the City Charter (copy appended to this Agenda Information Sheet). The individual designated should be a person of high moral character, but does not have to be an attorney. However, if an attorney is not selected to serve as judge, there is a significantly enhanced training requirement for that individual during the first year of service as a judge. For municipal court judges who are attorneys, those individuals must continue to be in good standing with the State Bar and must successfully complete a twelve (12) hour course annually in municipal court law. For non-attorneys, however, the requirement upon initial appointment is for successful completion of a thirty- two (32) hour course within one (1) year of the date of appointment. Of course, the City would have to bear the cost of such training. DESCRIPTION: Consider appointment of a new municipal court judge to serve a two (2) year term beginning October 1,2001. STAFF CONTACT: Larry W. Schenk, City Attorney SCHEDULE: The term of the current municipal court judge expires on September 30, 2001. Other information related to the term of the municipal court judge may be found in Section 27 of the City Charter (enclosed) and in Section 29.005 of the Government Code (also enclosed). COUNCIL DATE: Consider for review and possible action at City Council's Monday, September 10, 2001, Council meeting. ADDITIONAL MATERIALS: See a resolution designating a municipal court judge for a term beginning October 1, 2001, and ending September 30, 2003; Section 27 of the City Charter; Section 30.04 and 30.05 of the Municipal Law and Procedure Manual regarding municipal court judges; and Section 29.005 of the Government Code dealing with the term of office of municipal court judges. DRAFT LISAkRESOLUTIONS\CURRENTLIudge - 9-01 September 7, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MUNICIPAL JUDGE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current term of office of Thomas E. Hunt, III, as Municipal Judge of the City of Paris, will expire on September 30, 2001; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, finds and determines that the reappointment of Thomas E. Hunt, III as Municipal Judge of the City of Paris is in the best interests of the citizens of the city of Paris, to serve a term of two (2) years, beginning October 1, 2001, and ending September 30, 2003; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That Thomas E. Hunt is hereby appointed to serve as Municipal Judge of the City of Paris for a term of two (2) years, beginning October 1, 2001, and ending September 30, 2003. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10th day of September, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney PARIS CODE § 22 disability of the city manager, the council shall designate some properly qualified person to per- form the duties of the office; except in case of his temporary absence or disability. Sec. 23. Council not to interfere in appoint- merits or removals. Neither the council nor any of its members shall direct the appointment of any person to, or his removal from office, by the city manager or by any of his subordinates; provided, however, that the appointment of department heads shall be subject to the approval of the council. Except for the purpose of inquiry the council and it~ mem- bers shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. Sec. 24. Rights of the city manager and other officers in council. The city manager, and such other officers of the city as may be designated by vote of the council, shall be entitled to seats in the council, but shall have no vote therein. The city manager shall have the right to take part in the discussion of all matters coming before the council, and other officers shall be entitled to take part in the discussions of the council relating to their respec- tlve offices, departmentS or agencies. Sec. 25. Administrative departments. There are hereby created the following admin- istrative departmentS: Finance, police, fire, and public works, and such other departments as may be established by the council as hereinafter pro- vided. The council may, if it deems it advisable, con- solidate into one department not more than two of the departments hereby established. The council by ordinance~ may create, change, and abolish offices, departments, or agencies other than the offices, departments and agencies established by this Charter. Sec. 26. City clerk. The council shall designate an officer of the city who shall be recommended by the city manager to serve as clerk of the council. He shall give notices of its meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept and indexed for the purpose of all ordinances and resolutions, and shall perform such other duties as the city man- ager shall assign to him, and those elsewhere provided in this Charter. Sec. 27. City judge. There shall be a magistrate of the corporation court known as the city judge who shall be ap- pointed by the city council to serve for a term of two years. He may be removed by the city council at any time for incompetency, misconduct, mai- feasance, or disability. He shall receive such sal- ary as may be f~xed by the council from time to time. In the event of failure of the city judge to act for any reason, the mayor shall act in the place and stead of the city judge (and in the event of a vacancy, until a city judge is appointed by the council to ifil the vacancy). The mayor, while acting as city judge, shall receive no compensa- tion. All cost~ and fines imposed by the corpora- tion court, or by any court in cases appealed from judgmentS of the'corporation council, shall be paid into the city treasury for the use and benefit of the city. Editor'~ note~SubBequent to adoption of this Charter, the state law was amended so a~ to change the terminology from "corporation court" to "municipal court". See Government Code § 29.001 et ~eq. 8 Supp. No. 23 arising under state law within the municipality's territorial limits or property owned by the municipality within its E.T.J. and which: (I) Are punishable only by a fine or other sanctions not including confinement in jail or imprisonment; or (2) Arise under Chapter 106, Alcoholic Beverage Code, and do not include conf'mement as an authorized sanction. (Chapter 106 deals with provisions of Alcoholic Beverage Code relating to age, commonly known as "minor in possession." It also deals with purchase of alcohol for or by a minor, or misrepresentation of age by a minor.) (c) Court May Impose Sanction Other than Fine in Some Cases. The phrase punishable by "fine only" in the statutes is defined as an offense that is punishable by fine and such sanctions, if any, as authorized by statute not consisting of confinement in jail or imprisonment. Gov. Code §29.003(c). The fact that a conviction in a municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the originaljurisdictinn of the municipal court. Gov. Code §29.003(d). (d) Jurisdiction Over Bonds. The municipal court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction. Gov. Code §29.003(e). (e) Jurisdiction Over Minors. If a minor is charged in municipal court with a misdemeanor, other than a traffic offense, consult Texas Family Code §51.08 to determine whether the case must be transferred. §30.04. JUD~£ (a) Selection of Judge. In municipalities incorporated under charter (home role municipalities), the judge shall be selected under the provisions of the charter. Gov. Code §29.004. In general law municipalities the mayor shall be the judge of municipaI court, unless the governing body of the municipality has determined, by ordinance, another method of appointing or electing the municipal judge. Gov. Code §29.004(b). The statute or ordinance authorizing a court of record may provide either that the judge is appointed or elected. (b) Term of Office. Municipal judges serve a two year term unless a longer term (up to four years) is established by ordinance or charter pursuant to Tex. Const. Art. 11, § 11. Home rule municipalities may provide for temporary replacements by charter or ordinance. Gov. Code §29.007. The governing body of a general law municipality may appoint temporary replacements meeting the qualifications for such position to sit for the regu ar mun.icipaljudge. The appointee shall have all the powers and duties of the office and shall receive compensation set by the governing body of the municipality. Government Code §29.006. (c) Oaths. A judge of a municipal court may administer an oath and give a certificate of the fact in a mailer pertaining to a duty of the court. In other words, a judge of the municipal court would not have to be a notary, to administer an oath and verify a certificate of the fact as long as the matter pertained to a duty of the court. If the municipal court is a court of record, then the judge may administer an oath and give a certificate of the fact just like a notary public. Gov. Code §602.002. 30-5 § ~0.('}5 MUNICIPAL LAW AND PROCEDURE MANUAL ~ 2001 §30.05. TRAINING OF MUNICIPAL JUDGES (a) Training for Non Lawyers. Each municipal court judge in the State of Texas who is not a licensed attorney in this state must complete successfully a 32-hour course in the performance of his duties within one year from the date he is first elected or appointed. The judge must complete a minimum of 12 hours each calendar year following the calendar year in which the initial course was taken. The course may be completed in an accredited state-supported school of higher education or in a continuing education course, program, seminar, or law school or law enforcement school approved by the Texas Judicial Council. (b) Training for Lawyers. Each municipal court.judge in the State of Texas who is a/icensed attorney and in good standing with the State Bar must complete successfully within one year from the date he is first elected or appointed, a 12-hour course in the performance of his duties. The judge must complete a 12-hour course each calendar year, following the calendar year in which the initial course was taken. The course may be completed in an accredited state-suppotted school o£ higher education or in a continuing education course, program, or seminar approved by the Texas Judicial Council. (c) Accreditation o f Courses. The Texas Judicial Council has ~eneral superVisory authority over the administration of this Act. The Texas Judicial Councd accredits courses, programs, and seminars which satis~ the educational requirements of this Act. The Texas Judicial Council may make and adopt rules and regulations not inconsistent with this Act governing the conduct of business and the performance of its duties. (d) Reporting Training. Not later than the 60th day after the day on which an accredited course is completed, each municipal court judge successfully completing the course shall make a written report of that fact to the Texas Judicial Council in the manner and form prescribed by the Council. (e) Waivers for Training. In individual cases, the Texas Judicial Council on prop.er application may grant waivers or extensions of the minimum educational or reporting requirements. §30.06. MUNICIPAL COURT CLERK (a) Selection of Clerk. In a general law municipality, if the municipal judge is elected, the municipal court clerk is elected in the same manner, unless an ordinance provides that the city secretary serves as the court clerk. A city secretary who serves as court clerk may be authorized by ordinance to appoint a deputy clerk. Gov. Code §29.010(a). A home rule municipality may provide by charter for the appoin~nent of the court clerk, even though the judge is elected. Gov. Code §29.010(d). If the charter provides for election of the municipal judge in a home rule municipality, but is silent as to the appointment ora clerk, then the clerk should also be elected in the same manner as the judge, unless an ordinance provides that the city secretary serves as clerk. Gov. Code §29.010(a). Appointment ora clerk is required for court of record. Gov. Code ~30.00009. (b) Term of Clerk. The court clerk serves a two year term of office unless the municipality has passed an ordinance providing for a longer term pursuant to Texas Constitution Art. I I §11, If the city secretary is appointed as clerk, that person serves as clerk during the term as city secretary. Gov. Code §29.010(b). This means that the court clerk should be re-appointed at the end of each term (unless the clerk is an elected position), just as the municipal court judge is re-appointed. The governing body shall fill a vacancy 30-6 § 29.004 § 29.004. Judge ! Justice of peace as judge 1 : 1. Justice of peace as judge Doctrine of incompatibility does not prevent a justice of the peace from holding, at the same tims, Notes of Decisions JUDICIAL BRANCH Title' 2 the office of part-time appointed municipal judge for a city located within the precinct [discussion of question 2 of Op~.tty. Gen. JM-c/22 (1986) and its £mding of incompatibility under the circumstances overruled; overruling of Up.Arty. Gen. 9-2055 (1940) withdrawn], Op~tty. Gen.1987, No. JM- 819, § 29.005. Term of Office The judge of a municipal court serves for a term of office of ~vo years unless the municipality provides for a longer term puz~uant to Article XI, Section 11, of the Texas Constitution, A municipal court judge who is not reappointed by the 91st day follow-~ng the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beg/nning on the date the previous term of office exp/red. Amended by Act~ 1993, 73rd Leg,, ch. 794, § 1, elf. Jan. 1, 1994. Historical and Statutory Notes 1993 Legislation The 1993- amendment added the second sen- tenee. Notes of Decisions Minimum term 1 Timely action 2 1. Minimum term Municipal court judge /n home-rule city was not at-will employee, where state statute expressly provided for minimum term of two years. Barnett v. City of Plainview (App. 7 Dist. 1993) 848 S.W.2d 334. Government Code provision establishing two- year term-of-office did not create private cause of action that could be asserted against city by two municipal court judges whose terms l~sted less titan two full yeo. rs, Thompson v. City of Austin (App. 3 Disk I998) 979 S.W.2d 676. The term of office for municipal judges in Austin extends two years, through December 31 of odd- numbered years, regardless of when an individual judge is appointed to the bench, and thus a late- appointed judge or one appointed to serve an unexpired term will have a tenure of office less § 29.010. Clerk than two years. Thompson v. City of Austin (App. 3 Diet. 1998) 979 S.W.2d 676. Two-year term of municipal court judges who were appointed in March of even-numberod year ended on December 31 of following odd-numbered year, and thus city eoundl did not premataraly remove municipal court judges from office or ter- minate their contracts early by declining to reap- point judges for new term beginning January 1, even though term of neither judge l~sted two full years, where both judges served on municipal court until end of following odd-numberod year. Thompson v. City of Austin (App. 3 Diet, 1998) 979 S.W.2d 676, 2. Timely action City council's vote to xppoint new municipal judge, wh/le ultimately voided, qualffied a~ timely "action" by appointing authority, under statute governing municipal judges' terms of office, and thus, present municipal judge was not entitled to remain in position. Cit~ of Robstewn v. Veraste- gui (App. 13 Dist. 1999) 995 S.W.2d 315. (a) In a municipality that provides for the election of a municipal judge, the municipal court clerk is elected in the same manner unless by ordinance the city secretary serves as clerk. A city secretary who serves as clerk may be authorized to appoint a deputy clerk. (b) The clerk serves a two-year term of office unIess the municipality provides for a longer term pursuant to Article XI, Section 11, of the Texas Constitution. If the city secretary serves as clerk, that person serves as clerk during the term as city secretary. (c) The clerk shah keep minutes of the proceedings of the court, issue process, and generally perform the duties for the municipal court that a county clerk performs for a county court. JUDICIAL BRANCH Title 2 (d) Subsection (a) does no the appointment of the clerk. Amended by Ac~s 1991, 72nd Le~ 1991 Legislation The 1991 amendment added su § 29.012. Sitting for Dis (a) If the judge of a munici of another municipal court loc (b) A municipal court judgt this section if either party f'~ed before the first heaving preside. Added by Acts 1999, 76th .Leg., ch SUBCHAPTER B § 29,105. Municipal Cou: Department ( A municipality that contrac~ police depactment may conduc any municipality that is a part~ Added by Acts 1995, 74th Leg., ch CHAPTER: SUBCHAPTER A. GENERA MUNICIPAL COURTS OF Section 30.00001. Short Title; App]icafi~ 30.00002. Definitions. 30.00003, Creation of Mun[dpal ord. 30.00004. Abolition of 30.00005. Jurisdiction. 30.00006, Judge, 30.00007. Presiding Judge. 30.00008. Vacancies: Temporary 30.000085. Removal of Judge. 30.0~/)09. Clerk; Other Personm 30,00010. Court Reporter. 30.00011. Prosecutions. 30.00012. Cour~ Facilities. 30.009125. Seal. 30,000126. Complaint; Pleading. 30.00913. Jury, 30.00014. Appeal. 30.00015, Appeal Bond. 30.00016. Record on Appeal. 30.00017. Transcript. 30.00018. Bills of Exception. 30.00019. Statement of Facts. 30.00020. Transfer of Record. 30.6~21. Brief on Appeal. 30.00022. New Trial 30.00023. Court Rnies. 30.00024. Disposition on Appeal.