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HomeMy WebLinkAboutOrdinance 8018 ORDINANCE NO. g AN ORDINANCE AMENDING CHAPTER 12 - COURTS, ARTICLE I. IN GENERAL, OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY AMENDING: SECTION 12-1 ESTABLISHING MUNICIPAL COURTS AND DESCRIBING THEIR JURISDICTION; SECTION 12-2 PROVIDING FOR THE APPOINT- MENT OF REGULAR AND TEMPORARY MUNICIPAL COURT JUDGES, THEIR COMPENSATION, APPOINTMENT OF CHIEF JUDGE AND THEIR OATH OF OFFICE; SECTION 12-5 CREATING THE DEPART- MENT OF THE MUNICIPAL COURT AND CREATING THE OFFICE OF COURT ADMINISTRATOR AND PRESCRIBING DUTIES OF THE OFFICE; 12-6 REESTABLISHING THE POSITION OF CLERK, DEFINING RELATIONSHIP WITH COURT ADMINISTRATOR AND PRESCRIBING DUTIES; SECTION 12-13 SPECIFYING THE NATURE, CONTENT AND INITIATION OF CRIMINAL COMPLAINTS IN MUNICIPAL COURT; 12-15 ESTABLISHING A MUNICIPAL COURT ADVISORY COMMITTEE AND PROSCRIBING IMPROPER INFLUENCE UPON THE COURTS; DECLARING THE OFFICES OF REGULAR AND TEMPORARY MUNICIPAL COURT JUDGES VACANT AS OF A DATE CERTAIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND CODE PROVISIONS NOT INCONSISTENT WITH THIS ORDINANCE; PROVIDING A PENAL CLAUSE, AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 12-1 of Chapter 12 - COURTS, Article I, In General, of the Code of the City of Fort Worth (1964) , as amended is hereby amended and being so amended the same shall hereafter be and read as follows: "Section 12-1. Municipal Courts Established, Jurisdiction "A. Within the Municipal Court System established and created for the City of Fort Worth by the Charter, Chapter VII, Section 1, there are hereby created and recreated, established and designated four (4) munici- pal courts to be known as Municipal Court No. 1, Municipal Court No. 2, Municipal Court No. 3 and Municipal Court No. 4. B. Jurisdiction of the Municipal Courts of the City of Fort Worth shall be as granted by the Charter and ordinances 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 jurisdiction shall include jurisdiction within the territorial limits of the City in all criminal cases arising under the ordinances of the City, concurrent jurisdiction with any justice of the peace in any pre- cinct in which the City is situated in criminal cases arising within such territorial limits under the criminal laws of this state in which punishment is only by fine not exceeding $200.00, 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, 1925, as amended. "C. The judge of a municipal court may grant writs of mandamus, injunction, attachment, and all other writs necessary to the enforcement of the jurisdiction of the court, and may issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the court. "D. Municipal courts shall hold no terms and may sit at any time for the transaction of the business of the courts. "E. The judges of the municipal courts may, at any time, exchange benches and may, at any time, sit and act for and with each other in any case, matter, or proceeding pending in their courts, and any acts thus performed by any of the judges shall be valid and binding on all parties to such cases, matters, and proceedings." SECTION 2. That Section 12-2 of Chapter 12 - COURTS, Article I, In General, of the Code of the City of Fort Worth (1964) , as amended, is hereby amended and being so amended the same shall hereafter be and read as follows: "Section 12-2. Judges; qualifications; appointment; compensation; vacancies and oath "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 prac- tice of law in this County, 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. "B. Municipal Judges shall be selected and appointed or reappointed to office by the City Council. Their term of office shall be for two years commencing April 1st, of each even numbered year, unless a shorter term is specifically provided by the Council at the time the appointment is made or unless sooner removed by the Council on account of incompetence to discharge the duties of their office, partiality, oppression, official misconduct, habits and conduct rendering them unfit to hold such office, negligently failing to perform their duties as judge, or failure to execute in reasonable measure the business in their courts, of which matters the Council shall be the sole judge, and the Council's action regarding the same shall be final, -2- (Revision of 12-12-79) "C. Municipal judges shall receive a salary, to be set by the City Council , which may not be diminished during their terms of office. "D. The City Council may appoint any number of qualified 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,. The appointment or reappointment of substitute municipal judges shall be for terms not to exceed one (1)_ 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 selectee 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 Section 30, Chapter XXVIII of the Charter of the City of Fort Worth. "F. The Mayor, with the confirmation of the City Council, shall annually designate one (1) of the four (_4) municipal judges as Chief Judge," SECTION 3. That Section 12-5 of Chapter 12 COURTS, Article I, in General, of the Code of the City of Fort Worth (1964)_, as amended, is hereby amended and being so amended the same shall hereafter be and read as follows: "Sec, 12-5. Creation of a Department of Municipal Courts; Creation of the office of Municipal. Court Administrator; Duties of Municipal Court Administrator. "Ae A Department of Municipal Courts is hereby established, It shall embrace all personnel and activities of the Municipal. Court System except; (1) the Judges who are directly under the cognizance of the City Council; (2)_ the Assistant City Attorneys assigned duties as Prosecutors who are members of the Department of Law and directly under the cognizance of the City Attorney; and (.3) such other court or system functionaries who are or may be members of other Departments and are either temporarily or permanently assigned duties within or in support of the Municipal Court System.. "B. There is hereby created the position of Municipal Court Administrator, The Municipal Court Administrator shall be the head and supervisor of the Department of Municipal Courts, shall be subject to appointment and removal by the City Manager; and shall be paid a salary established in accordance with the compensation plan of the City. "C. The Municipal Court Administrator, subject to the provisions of Sec. 12-6, shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as such administrator may deem necessary for the efficient administration of the affairs of the Department . of Municipal Courts and to prescribe and fix their duties, scope of authority and qualifications. -3- (Revision of 12-17-79) "D. The Municipal Court Administrator shall be responsible for the administrative functions of the Municipal Courts System which shall include responsibility to assure the System functions within and in consonance with personnel and other procedures governing the operation of all other City departments generally as promulgated by the City Manager and shall specifically include all of the fiscal, affairs of the Municipal Courts, The Municipal Court Administrator shall submit annually to the City Manager a budget estimate of the revenues of the Municipal Courts and the expenses of conducting the affairs thereof for the ensuing fiscal year," SECTION`4. That Section 12-6 of the Chapter 12 - COURTS, Article I In General, of the Code of the City of Fort Worth (1964) , as amended, is hereby, amended and being so amended the same shall hereafter be and read as follows; "Section 12-6. Clerk of the Municipal Courts "Within the Municipal Court System and under the general supervision of the Court Administrator, there is hereby created the office of Clerk of the Municipal Courts. The Clerk of the Municipal Courts shall be appointed by the City Manager and shall perform all duties in accord- ance with state statutes, the City Charter, and City ordinances. It shall be the duty of the Clerk or the Clerk's deputies to keep the records of proceedings of the courts and to issue all processes and generally to do and perform the duties now prescribed by law for clerks of county courts exercising criminal .jurisdiction insofar as the same may be applicable, The Clerk of the Municipal Courts and his or her deputises shall have the power to administer oaths in, connection with the discharge of the duties of the offi,ce.'� SECTION' 5 That Section 12-13 of Chapter 12 - COURTS, Article I, In General, of the Code of the City of Fort Worth (1964) as amended, is hereby amended and being so amended the same shall hereafter be and read as follows: "Section 12-13. Criminal Complaints and Pleadings. "A. All proceedings in Municipal Courts shall be commenced on original complaint filed by and pre- pared under the direction of the City Attorney or one of his assistants. B. Complaints shall be filed with the Clerk of the Municipal Courts and apportioned by said Clerk in such a manner as to provide for the equal distri bution of cases among the various Municipal Courts, "C. Complaints shall begin, ''In the name and by authority of the State of Texas' and shall conclude ,*** against the peace and dignity of the State. ' Complaints may be signed by any credible person on information and belief, sworn to before a notary public, the City Attorney, an assistant city attorney, the Clerk of the court or any deputy clerk, each of whom, for that purpose, shall have the authority to administer the oath. The complaint shall be in writing and shall state: -4- (Revision of 12-17-79) "(1) the name of the accused, if known, and if unknown, shall describe him or her as accurately as practicable; "(2) the offense with which the accused is charged in plain and intelligible words; "(3) that the offense was committed within the Corporate City Limits of the City of Fort Worth, Texas; and "(4) facts showing, from the date of the offense stated therein, that the offense is not barred by limitations. "D. All additional pleadings in the municipal courts shall be in writing and filed with the clerk of such courts." SECTION 6. That Section 12-15 of Chapter 12 - COURTS, Article I, In General, of the Code of the City of Fort Worth (1964) , as amended, is hereby amended and being so amended the same shall hereafter be and read as follows: "Section 12-15. Municipal Court Advisory Committee of the Council; other relationships prohibited. "A. A Municipal Court Advisory Committee is hereby established and shall be composed of three (3) members of the City Council selected from and by the Council. The Advisory Commiteee shall act as the liaison between the Municipal Court judges and the Council. "B. Except as hereinabove provided and by way of reinforcing the proscriptions contained in Section 43-1 of Chapter 43 - Code of Ethics of this Code, it is hereby declared unlawful for any officer or employee of the City to be involved, directly or indirectly, in the defense of any person charged with the violation of an ordinance of the City or a criminal law of the State in or before the Municipal Courts of the City except to give evidence in behalf of a person so charged in open court." SECTION 7. That all appointments as temporary, additional or substitute Municipal Court judges are hereby revoked, cancelled and declared null, void and of no further force and effect upon the effective date of this ordinance. SECTION 8. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and -5- phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent 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 9. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (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 10. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the en- forcement of any of the provisions of this ordinance shall be fined not more than Two Hundred and No/100 Dollars ($200,00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 11, That this ordinance will take effect and be in full force and effect from and after its passage and publication as required by law and it is so ordained. APPROVED AS TO FOR14 AND LEGALITY: City lt ne ADOPTED: EFFECTIVE: -6- City of Fort Worts, Texas Mayor and Council Communication SY. DATE REFERENCE SUBJECT: O,rdinanc,,e Amending Chapter 12 — PAGE NUMBECOTS, Code of the City of Fort Worth I of l .I a' 7L2D 81/ � C-4358 Revised- (1964) as amended Supplement Pursuant to comments from Councilmen that the proposed Ordinan(� Amending Chapter 12 should- (1) be more specific in setting north the reasons for whimh municipal court judges might be remoued prior to the expiration of their appointed terms rather than saying ��o on Ar--nnt of their services not being satisfactory, (Section 2 of proposed Ordinance Amending Section 12-2, _ specifically subparagraph B) ; and (2) eliminate the City Attorney and the. City Manager from the process of recommending nominees for appointment or substi- tute municipal court judges (Section 2 of proposed Ordinance Amending Section 12-2, specifically subparagraph B) p the Department of haw has revised pages 2 and 3 of the proposed Ordinance addressing the objections/requests by the Council, A copy of the proposed Ordinance with the revisions incorporated is appended Recommendation 1t is recommended that the appended Ordinance Amending Chapter 12 - COURTS of the Code of the City of Fort Worth ((1964) , as amended, be adopted ARBejc Attachment SUBMITTED FOR THE DISPOSITION Y COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY: L, LL+ APPROVED �1 �/ ORIGINATING �. C OTrfR4D CRIBE) /7 5_ DEPARTMENT HEAD: Arthur Petersen ��0. 0. �& y CI��(T///Y SECRETARY � FOR ADDITIONAL INFORM TION CONTACT: Arthur Petersen Ext, 7600 DATE �