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Home My WebLink AboutOrdinance 9148~'` r. r~ s ± r r .~, ~ t. ORDINANCE NO. ~~~` AN ORDINANCE AMENDING CHAPTER 12, "COURTS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, BY CHANGING CERTAIN QUALIFICATIONS FOR THE OFFICE OF MUNICI- PAL JUDGE AND SUBSTITUTE MUNICIPAL JUDGE; PROVIDING THAT MUNICIPAL JUDGES SHALL TAKE AN OATH OF OFFICE AS PROVIDED IN THE TEXAS CONSTITUTION; PROVIDING FOR JUDGES' AUTHORITY TO ASSESS FINES OF UP TO $1,000.00 IN ALL CASES ARISING UNDER THE ORDINANCES OF THE CITY THAT GO VERN FIRE SAFETY, ZONING, AND PUBLIC HEALTH AND SANITATION OTHER THAN VEGE- TATION AND LITTER VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDI- NANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 12-1 (Municipal Courts established; jurisdiction) of Chapter 12 of the Code of the City of Fort Worth, be amended, and is hereby amended by changing paragraph (b) thereof to read as follows: "(b) Jurisdiction of the municipal courts of the City of Fort Worth shall be as granted by the charter and ordi- nances of the City of Fort Worth and any laws of this state that may now exist or may hereafter be passed by the legislature of this state regulating or increasing the jurisdiction of the municipal courts in cities of the grade and size of the City of Fort Worth. Such jurisdic- tion shall include exclusive original jurisdiction within the territorial limits of the city in all criminal cases arising under the ordinances of the city in which punish- ment is by fine only and where the maximum of such fine does not exceed $1,000 in all cases arising under the ordinances of the city that govern fire safety, zoning and public health and sanitation other than vegetation and litter violations and where the maximum of such fine does not exceed $200 in all other case arising under the ordi- nances of the city, and the municipal courts shall also have concurrent jurisdiction with any justice of the peace in any precinct in which the city is situated in all criminal cases arising under the criminal laws of this state, in which punishment is by fine only, and where the maximum of such fine may not exceed $200 and arising within such territorial limits, and jurisdiction over cases arising outside the territorial limits of the city under the ordinances authorized by subdivision 19, Article 1175, Revised Civil Statutes of Texas, as amended." SECTION 2. That Section 12-2 (Judges; qualifications; appointment; compen- sation; vacancies and oath) of Chapter 12 of the Code of the City of Fort Worth, be amended, and is hereby amended by changing paragraphs (a), (d), (e) and (f) thereof to read as follows: ~ y-- ., ~, ~- ~ r "(a) Each municipal court shall be presided over by a judge who shall be known as the "municipal judge", who shall be a licensed attorney in good standing with two (2) or more years of experience in the practice of law in this state, shall be a citizen of the United States and of the State of Texas and a resident of the city. Municipal judges shall maintain their residences within the city during their tenure of office, shall devote their entire time to the duties of their office and shall not engage in the private practice of law while so employed." "(d) The city council may appoint any number of qual- ified persons to act in the place of any municipal judge who may be absent or incapacitated because of illness, family death or illness, continuing legal or judicial education programs, or otherwise. Substitute municipal judges shall meet all qualifications and shall act under the same restrictions as regular municipal judges, provid- ed that substitute judges shall not be prohibited from engaging in the private practice of law. The appointment or reappointment of substitute municipal judges shall be for terms not to exceed one year and shall be initiated upon the recommendations of the chief judge concurred in by the municipal court advisory committee. In the absence of a municipal judge and subject to budgetary constraints, the chief judge or his or her designee shall call on one of such appointees to serve. While so serving, the selec- tee shall have all the powers and discharge all the duties of the office and shall receive the same compensation that is payable to the regular municipal judge." "(e} Municipal judges and substitute municipal judges shall take the oath of office as prescribed by Sec- tion 27, Chapter XXVII, of the Charter of the City of Fort Worth, and shall take the oath of office as provided in Article XVI, Section 1 of the Constitution of the State of Texas." "(f) The ~ayor, with the confirmation of the City Council, shall annually designate one of the municipal judges as chief judge." SECTION 3. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent -2- ~. ~~~'. y ""4, 1~ ~; jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: d~~,~. City Attorney Date: ~ ~~ '~-I ADOPTED: ~" ~ 7- ~L~ EFFECTIVE lu -3- r Mn5 DER FILE 1' ,/ ~ . .~_ ~zty ®f F'~rt ~®rth, ~"exas ;~; r CITY ~ NA6ER 1 ACCOUNTING 2 J\\/11 // p,~®~ ~~IJJ- ~®~~~WW ~®(/Y 1Y~LL/W~~`r'~.WIV~®° IV TRANSPORTATION~PUBLIC WORK€;.z'Ei arv rnY `~J MUNICIPAL COURT ).atv 1 w :• A[D1QtE11 REFERENCE SUBJECT amendments t0 Chapter 12, "Court "~ PAGE 7/17/84 NUMBER **G-6056 of the Fort Worth City Code 1 of 1 In order xo enhance the efficient operation of the municipal courts and to facilitate the selection of a municipal judge in conjunction with the opening of the new Fvrt Worth Police Administration facility, various revisions to Chapter 12, "Courts," of the City Code have been suggested. One revision would eliminate the provision that requires municipal judge applicants to have practiced law for two years in Tarrant County. It is believed that a larger group of otherwise qualified attorney applicants can be interviewed if these applicants are not required to have practiced specifically in Tarrant County. Other qualifications remain intact. Another revision raises the allowable fine which can be imposed by a municipal judge for certain offenses, in accordance with -recent legislative changes. The final proposed substantive change requires that municipal judges must take the oath of office prescribed in the Texas Constitution, as well as that provided for in the City Charter. The Chief Judge of the Municipal Courts has reviewed and recommends the proposed changes. Recommendation It is recommended that the City Council adopt the attached ordinance, which amends Chapter 12 of the Fort Worth City Code as outlined above. RAM:kc Attachment APPROVED gy' CITY COUNCIL JUL 17 1984 ~..._.,_~fxr~y Cfitp Secretary of the ~~~ City of F oci SUBMITTED FOR THE //~~ CITY MANAGER'S /~ ~ DISPOSITION BY COUNCIL. PROCESSED BV ~ ~ n nFFICE BV ~(/(li ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Dianna Heiner CITY SECRETARY FOR ADDITIONAL INFORMATION CT Dorothy Harwood Ext. 7611 T Adont@(~ prdinance No. ~~~~ r DATE CON A