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HomeMy WebLinkAboutResolution 122 RESOLUTION FILE NO. �a RESOLUTION WHEREAS, the Legislature of the State of Texas is currently considering an act designated as S. B. 100; and WHEREAS, such legislation will make all municipal courts courts of record; and WHEREAS, such legislation will require all municipal court judges to be appointed for definite terms; and WHEREAS, such legislation will require all municipal court judges to possess a certain minimum of legal training or to be attorneys at law; and WHEREAS, making municipal courts courts of record will upgrade the status of said courts and improve the quality of the proceedings therein; and WHEREAS, the appointment of municipal judges to definite terms will tend to at- tract better qualified personnel to such positions; and WHEREAS, requiring all municipal court judges to possess a certain minimum of legal training or to be attorneys at law will result in better qualified judges; and WHEREAS, such legislation provides that the presiding judge of the municipal courts be selected by a majority vote of all municipal judges; and WHEREAS, such means of selection may tend to create friction among such judges over such appointment; and WHEREAS, the governing body of the municipality should have the authority to appoint the presiding judge to insure the proper functioning of the municipal courts; and WHEREAS, such legislation provides that municipal judges may be removed from office only under the procedures outlined in Section 1-a of Article V of the Constitution of the State of Texas; and WHEREAS, such legislation would result in a state agency, far removed from local affairs and not responsible to the citizens of the City of Fort Worth being the only body authorized to remove municipal judges; and WHEREAS, the citizens of the City of Fort Worth look to their governing body for the proper performance of the municipal judges; and WHEREAS, such legislation places the Clerk of the municipal courts under the direction and control of a conference of municipal judges; and WHEREAS, placing the municipal court Clerk under the direction and control of a conference of judges may result in a conflict of authority and result in incon- sistent policies for said Clerk to follow; and WHEREAS, such legislation may increase the opportunity for discord between judges of the municipal courts; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fort Worth goes on record as being in favor of S. B. 100, now being considered by the Leg- islature of the State of Texas, save and except the provisions thereof providing that the presiding judge be selected by a majority of the judges; providing that municipal judges may be removed from office only under the procedures outlined in Section 1-a of Article V of the Constitution of the State of Texas; and providing that the Clerk of the municipal court perform his duties under the direction and control of a conference of judges; and BE IT FURTHER RESOLVED, that the Legislature of the State of Texas be requested to delete such provisions from S. B. 100 and as so amended, be encouraged to support S. B. 100.