Loading...
11-G Municipal Judge Appt.AGENDA 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, 2003. 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, 2003. STAFF CONTACT: Larry W. Schenk, City Attorney SCHEDULE: The term of the current municipal court judge expires on September 30, 2003. 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 8, 2003, Council meeting. ADDITIONAL MATERIALS: See a resolution designating a municipal court judge for a term beginning October 1, 2003, and ending September 30, 2005; 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 F:~Attorney\Lisa~esolutions\CURRENT~ludge - 9-03.wpd September 2, 2003 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, 2003; 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, 2003, and ending September 30, 2005; 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, III is hereby appointed to serve as Municipal Judge of the City of Paris for a term of two (2) years, beginning October 1, 2003, and ending September 30, 2005. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 8th day of September, 2003. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney TX GOVT § 29.OO5 V.T.C.A., Government Code § 29.005 VERNON'S TEXAS STATUTES AND CODES ANNOTATED GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH SUBTITLE A. COURTS CHAPTER 29. MUNICIPAL COURTS SUBCHAPTER A. GENERAL PROVISIONS Copr. © West Group 2003. All rights reserved. Current through Chapters effective immediately through Ch. 1335 (End) of the 78th Reg. Sess. (2003) Page 2 29.005. Term of Office The judge of a municipal court serves for a term of office of two years unless the municipality provides for a longer term pursuant to Article XI, Section 11, of the Texas Constitution. A mumcipal court judge who is not reappointed by the 91 st day following the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date the previous term of office expired. CREDIT(S) 1988 Main Volume Acts 1985, 69th Leg., ch. 480, § 1, eft. Sept. 1, 1985. 2003 Electronic Update Amendedby Acts 1993, 73rd Leg., ch. 764, § 1, eft. Jan. 1, 1994. <General Materials (GM) - References, Annotations, or Tables> REVISOR'S NOTE 1988 Main Volume V.A.C.S. Articles 1197a and 1198 both expressly call for a two-year term for the judge (recorder) of a municipal court. Article 1197 indirectly calls for a two-year term because the statutes applicable to general-law cities provide such a term for the mayor. Article XI. Section 11, of the Texas Constitution, however, provides procedures by which a home-nde or general-law city may provide for a term longer than two years, but not to exceed four years, "for its officers, either elective or appointive, or both...." The revised law recognizes the possibility of so lengthening the term of a municipal judge. HISTORICAL AND STATUTORY NOTES Copr. © West 2003 No Claim to Orig. U.S. Govt. Works 2002 MUNICIPAL COURTS ~30.04 (1) 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 confinement 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, docs not affect the original jurisdiction of the municipal court. Gov. Code §29.003(d). (d) Jurisdiction Over Bonds. The municipal court has jurisdiction in thc 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. JUDGE (a) Selection of Judge. In municipalities incorporated under charter (home rule municipalities), the judge shall be selected under the provisions of thc charter. Gov. Code §29.004. In general taw municipalities the mayor shall be the judge of municipal 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, § 1 I. 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 regular municipal judge. 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 matter 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. It' 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 ~30.05 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 licensed 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 thc performance of his duties. The judge must complete a 12-hour course each?alendar 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, or seminar approved by the Texas Judicial Council. (c) Accreditation of Courses. The Texas Judicial Council has general supervisory authority over the administration of this Act. The Texas Judicial Council accredits courses, programs, and seminars which satisfy 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 proper 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 cIerk 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 appointment 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 of a 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 of a clerk is required for court of record. Gov. Code 830.00009. (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. 11 § I I. 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 Sec. 27. Cityjudge. There shall be a magistrate of the corporation court known as the city judge who shall be appointed 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, malfeasance, or disability, He shall receive such salary as may be fixed 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 fill the vacancy), The mayor, while acting as city judge, shall receive no compensation, All costs and fines imposed by the corporation 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's note: Subsequent to adoption of this Charter, the state law was amended so as to change the terminology from "corporation court" to "municipal court". See Government Code § 29.001 et seq.