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HomeMy WebLinkAboutOrdinance 21380-08-2014 ORDINANCE NO. 21380-08-2014 AN ORDINANCE AMENDING SECTION 10-3, "JUDGES; CHIEF JUDGE; CHIEF PROSECUTORS," OF THE CODE OF THE CITY OF FORT WORTH, EXPANDING THE DUTIES OF THE CHIEF JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 30.00007 of the Texas Government Code requires a municipality with more than one municipal judge to appoint one of the judges as the presiding judge; and WHEREAS, Section 10-3 of the City Code states that the city council shall appoint one of the municipal judges as chief judge, and provides that the chief judge shall have all of the duties of a presiding judge as set forth in Section 10-3, and in addition, those cited in the Uniform Municipal Courts of Record Act, as amended by the city court of record statue (Chapter 30, Subsection J of the Texas Government Code); and WHEREAS, the Ad Hoc Municipal Court Advisory Committee has recommended that the duties of the Chief Judge be clarified and expanded to provide for the comprehensive administrative oversight of the municipal court judges. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. That Section 10-3, "Judges; chief judge; chief prosecutor," of the Code of the City of Fort Worth, Texas, is hereby repealed in its entirety and a new Section 10-3 is hereby adopted, to be and read as follows: Sec. 10-3. - Judges; chief judge; chief prosecutor. (a) Municipal court judges shall be selected and appointed or reappointed for a term of two (2) years, commencing April first of even-numbered years. The appointment or Ordinance No. 21380-08-2014 Pagel of 4 reappointment of substitute judges shall be for a term of one (1) year from the date of their appointment or reappointment and shall be initiated upon the recommendations of the chief judge, concurred in by the municipal court advisory committee. (b) The city council shall appoint one of the municipal judges as chief judge. The chief judge shall have all of the powers and duties of a presiding judge as set forth in this subsection, and in addition, those cited in the Uniform Municipal Courts of Record Act, as amended by the city court of record statute. The chief judge shall: (1) Maintain administrative oversight of the municipal judges; (2) Establish work rules for the administration of the municipal courts, including establishing rules for maintaining uniformity in procedures in the municipal courts; (3) Establish work hours for each municipal judge, including the hours during which each judge shall be present in the office and on the bench; (4) Call periodic meetings of all municipal court judges and substitute judges to review the procedures which establish uniformity of procedures in the court system, and to discuss any other issues of importance for the administration of the municipal court; (5) Schedule and approve vacation and other absences for each municipal j udge; (6) Assign the duties and schedules of each municipal judge, including assigning judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a court, if necessary, for the expeditious disposition of business in the courts; (7) Assign municipal judges to classes and courses on an as needed basis; (8) Provide quarterly case adjudication reports for each municipal judge to the Ad Hoc Municipal Courts Committee; (9) Receive and investigate, as needed,judicial complaints and forward the result of any investigation to the Ad Hoc Municipal Courts Advisory Committee; (10) Conduct performance evaluations of municipal judges twice during each year of the municipal judge's term, and forward the evaluations to the Ad- hoc Municipal Courts Advisory Committee for review after each evaluation is performed; Ordinance No. 21380-08-2014 Page 2 of 4 (c) In order to coordinate the prosecution of all cases in the municipal courts and appeals taken therefrom, the city attorney shall designate one of the assistant city attorneys as chief prosecutor. SECTION 2. 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 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 3. 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 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 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Ordinance No. 21380-08-2014 Page 3 of 4 SECTION 5. This ordinance shall be in full force and effect from and after its adoption. ATTEST: L etitia Brown aye ; Assistant City Attorn y City Secret Adopted and Effective: August 19, 2014 Ordinance No.21380-08-2014 Page 4 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/19/2014 - Ordinance No. 21380-08-2014 DATE: Tuesday, August 19, 2014 REFERENCE NO.: **G-18284 LOG NAME: 12CHIEF JUDGE DUTIES SUBJECT: Adopt Ordinance Amending Section 10-3, Chapter 10 (Courts), of the City Code to Expand the Duties of the Chief Judge (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance, which amends Section 10-3, Chapter 10 (Courts), of the City Code to expand the duties of the Chief Judge. DISCUSSION: In 2014, the Ad Hoc Municipal Court Advisory Committee recommended that the duties of the Municipal Chief Judge be clarified and expanded in order to provide comprehensive administrative oversight to the Municipal Court judges. Per the direction of the Committee, Staff examined the municipal court systems in other cities including Dallas, San Antonio, Austin and Houston. The current ordinance states that the Chief Judge may prescribe such rules and procedures that are necessary for the orderly trial of cases in the municipal court. The Chief Judge is also authorized to to conduct performance reviews and exercise administrative control and oversight over the other judges, including work hours, vacations schedules, and the assignment of court duties. Adoption of this ordinance amendment will expand the Chief Judge's current authority and additionally require the Chief Judge to: 1. Establish rules for the judicial administration of the municipal courts, including establishing rules for maintaining the uniformity in procedures in each municipal court; 2. Call periodic meetings, at least quarterly, of all municipal judges and substitute judges to review the procedures which establish uniformity of procedures in the court system and to discuss any other issues of importance for the administration of the municipal court; 3. Assign municipal judge to classes and courses, as needed; 4. Receive and investigate judicial complaints, as needed, and forward the result of any investigation to the Ad Hoc Municipal Court Advisory Committee; and 5. Perform evaluations of the municipal judges twice a year and to provide the evaluation to the Ad Hoc Municipal Courts Advisory Committee. These additional duties will provide the Chief Judge the necessary tools to ensure that there is uniformity and coordination between the municipal courts. FISCAL INFORMATION / CERTIFICATION: Lognarne: 12CHIEF JUDGE DUTIES Pagel of 2 The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6183) Originating Department Head: Sarah Fullenwider (6706) Additional Information Contact: Laetitia Brown (6639) Logname: 1.2CHIEF JUDGE DUTIES Page 2 of 2