§ 2.44.030. Judges.  


Latest version.
  • A.

    In addition to the qualifications prescribed in the City Charter, the presiding municipal judge shall be a licensed attorney at law who has practiced law in Texas at least five years prior to his or her election by a majority of the municipal judges.

    B.

    The term of office for the elected judges shall be as provided in the City Charter.

    C.

    The city council may appoint one or more substitute associate municipal judges to sit for the regular judge of any municipal court when such regular judge is temporarily unable to act for any reason. Such substitute associate municipal judge shall possess the same qualifications required of the regular municipal judges and shall have all the powers and duties of the judge for whom such substitute associate municipal judge is sitting while so acting.

    D.

    The term of office for the substitute associate municipal judges is four years. The term of office for any substitute associate municipal judge appointed by the council for a term beginning in June 2003, and who was automatically reappointed in 2005 by operation of law, shall expire in June 2007. Thereafter, appointments to the positions with terms expiring in June 2007 shall be for four-year terms. The term of office for substitute associate municipal judges appointed by the council for a term beginning in June 2005 shall be for four years.

    E.

    When a vacancy arises in a position of municipal court judge or substitute associate municipal court judge, or new appointments of judges are necessary, the following selection process will be utilized.

    1.

    The municipal clerk will notify the city manager of the vacancy or need for the council to make appointments.

    2.

    The city manager will post a public notice in the same manner as city council agendas are posted, announcing the acceptance of resumes of interested candidates requesting to be considered in the selection process and will set a deadline for candidates to submit those resumes to the members of the city council.

    3.

    Each member of the city council may submit the names of one or more candidates to the city manager for consideration in the selection process no later than ten days after the deadline set for the submission of resumes.

    4.

    The city manager will compile a list of the candidates and as soon as practicable, place an appropriate item on the city council agenda to enable the city council to make the appropriate appointments.

    F.

    Any substitute associate municipal judge appointed pursuant to subsection C of this section may be assigned to serve as night magistrate under the supervision of the presiding municipal judge. The duties of the night magistrate shall be those prescribed by the laws of the state, particularly the Code of Criminal Procedure, at the discretion of the presiding judge.

    G.

    A vacancy in the office of elected judge is filled by appointment by the city council and the person appointed serves until the next regular municipal election, at which time his successor shall be elected. An appointee may succeed himself or herself.

    H.

    A vacancy in the office of substitute associate judge is filled by appointment by the city council and the person appointed serves the remainder of the expired term.

(Ord. 16274 § 1, 2006: Ord. 14172 § 3, 1999: Ord. 12403, 1995: prior code § 7-3)