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HomeMy WebLinkAboutOrdinance 23157-03-2018 Ordinance No. 23157-03-2018 AN ORDINANCE APPOINTING CHARLES T. ATKINSON, ANDREW T. BRADSHAW, RAQUEL D. BROWN, ANN Y. COLLINS, SIMON C. GONZALEZ, CLAUDIA A. MARTINEZ, R. NEEL MCDONALD, JO ANN REYES, JAMES D. RODGERS, AND PATRICIA L. SUMMERS AS MUNICIPAL JUDGES FOR A TWO-YEAR TERM COMMENCING APRIL 1, 2018 AND ENDING MARCH 31, 2020 OR UNTIL A SUCCESSOR IS QUALIFIED AND APPOINTED IN ACCORDANCE WITH STATE LAW; PROVIDING THAT ALL PERSONS PRESENTLY HOLDING AN APPOINTED POSITION AS JUDGE BUT WHO ARE NOT LISTED IN THE ORDINANCE ARE NOT REAPPOINTED; APPOINTMENT OF CHIEF JUDGE AND DEPUTY CHIEF JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That, the following individuals are now appointed as Municipal Judges for a two-year term commencing April 1, 2018 and ending March 31, 2020, or until a successor is qualified and appointed in accordance with state law: Municipal Court Judge Place 1: James D. Rodgers; Municipal Court Judge Place 2: Jo Ann Reyes; Municipal Court Judge Place 3: Patricia L. Summers; Municipal Court Judge Place 4: Andrew T. Bradshaw; Municipal Court Judge Place 5: Raquel D. Brown; Municipal Court Judge Place 6: Simon C. Gonzalez; Municipal Court Judge Place 7: Claudia A. Martinez; Municipal Court Judge Place 8: R. Neel McDonald; Municipal Court Judge Place 9: Ann Y. Collins; Municipal Court Judge Place 10: Charles T. Atkinson; Municipal Court Judge Place 11: Vacant; Municipal Court Judge Place 12: Eliminated; Municipal Court Judge Place 13:Eliminated. Any individual presently holding an appointed position as a judge, but who is not listed in this ordinance as being appointed to a place, is not reappointed to their office. Appointment to a place does not mean appointment to a specific court or division. Assignment to a court remains within the authority of the Chief Judge as authorized by Section 10-3 of Chapter 10, Courts of the Fort Worth City Code. SECTION 2. That James D. Rodgers be appointed as Chief Judge and that Jo Ann Reyes be appointed as Deputy Chief Judge. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where provisions of this ordinance are in direct conflict with the provisions of such ordinances and Code, in which event such conflicting provisions of such ordinances and 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 void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such ineffectiveness or 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 herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY 4aetia Brown Mary J. Kay Senior Assistant City Attorney ADOPTED AND EFFECTIVE: March 27, 2018 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/27/2018 - Ordinance No. 23157-03-2018 DATE: Tuesday, March 27, 2018 REFERENCE NO.: G-19253 LOG NAME: 38MUNICIPAL COURT JUDGE REAPPOINTMENT SUBJECT: Adopt Ordinance Eliminating Two Judicial Places, Appointing the Municipal Judges, Chief Judge and Deputy Chief Judge for a Two-Year Term Commencing April 1, 2018 and Ending March 31, 2020 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Eliminate Judicial Places 12 and 13 and adopt the attached ordinance eliminating two judicial places; 2. Appoint Charles T. Atkinson, Andrew T. Bradshaw, Raquel D. Brown, Ann Y. Collins, Simon C. Gonzalez, Claudia A. Martinez, R. Neel McDonald, Jo Ann Reyes, James D. Rodgers and Patricia L. Summers as Municipal Judges for a two-year term commencing April 1, 2018 and ending March 31, 2020, or until a successor is qualified and appointed in accordance with state law; and 3. Designate James D. Rodgers as Chief Judge and Jo Ann Reyes as Deputy Chief Judge. DISCUSSION: Appointment of Municipal Court Judges, Chief Judge and the Deputy Chief Judge: Chapter 30 of the Texas Government Code (the Uniform Municipal Courts of Record Act) sets out the requirements for appointment of judges and the presiding judge for Municipal Courts of Record. Section 30.00006(b) of the Texas Government Code requires the governing body of a municipality to appoint its Municipal Judges by ordinance. Section 30.00007 of the Texas Government Code requires the governing body of the municipality to designate a presiding judge if there is more than one municipal judge in the municipality. Section 10-3 of the City Code requires the City Council to designate a Chief Judge with the duties of a presiding judge. The City Council is also authorized to designate a Deputy Chief Judge. Currently there are 13 Judicial Places. Two judicial vacancies were created by the retirement of Judge Ninfa Mares and the resignation of Judge Benita Falls Harper. Judge Sharon Newman-Stansfield has informed the Courts Committee that she will be retiring at the end of this term. After a review of the judicial staffing needs, including the recent decision by Tarrant County to accept arrestees on Class A and B misdemeanors and felonies upon a probable cause determination, Chief Judge Rodgers recommended to the Committee that two of the vacant judicial places be eliminated and that one vacant judicial place be filled though an application process. On March 6, 2018, the Ad Hoc Municipal Court Advisory Committee (Courts Committee) voted to recommend to the City Council that Charles T. Atkinson,Andrew T. Bradshaw, Raquel D. Brown, Ann Y. Collins, Simon C. Gonzalez, Claudia A. Martinez, R. Neel McDonald, Jo Ann Reyes, James D. Rodgers Logname: 38MUNICIPAL COURT JUDGE REAPPOINTMENT Page I of 2 and Patricia L. Summers be reappointed as Municipal Judges for a two-year term commencing April 1, 2018 and ending March 31, 2020. On the same date, the Courts Committee voted to recommend to the City Council the reappointment of James D. Rodgers as Chief Judge and Jo Ann Reyes as Deputy Chief Judge for a two-year term commencing April 1, 2018 and ending March 31, 2020. Therefore, the following individuals are now appointed as Municipal Judges in the following places for a two-year term commencing April 1, 2018 and ending March 31, 2020, or until a successor is qualified and appointed in accordance with state and local law: Municipal Court Judge Place 1: James D. Rodgers Municipal Court Judge Place 2: Jo Ann Reyes Municipal Court Judge Place 3: Patricia L. Summers Municipal Court Judge Place 4: Andrew T. Bradshaw Municipal Court Judge Place 5: Raquel D. Brown Municipal Court Judge Place 6: Simon C. Gonzalez Municipal Court Judge Place 7: Claudia A. Martinez Municipal Court Judge Place 8: R. Neel McDonald Municipal Court Judge Place 9: Ann Y. Collins Municipal Court Judge Place 10: Charles T. Atkinson Municipal Court Judge Place 11: Vacant Municipal Court Judge Place 12: Eliminated Municipal Court Judge Place 13: Eliminated A judge for Municipal Court Judge Place 11 will be appointed after an application process. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. The Municipal Court Department is responsible for collection and deposit of funds due to the City. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Theresa Ewing (7461) Additional Information Contact: Theresa Ewing (7461) Logname: 38MUNICIPAL COURT JUDGE REAPPOINTMENT Page 2 of 2