HomeMy WebLinkAboutOrdinance 21687-03-2015 I
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ORDINANCE NO. 21687-03-2015
AN ORDINANCE AMENDING CHAPTER 10, "COURTS", ARTICLE I,
"GENERAL," OF THE CODE OF THE CITY OF FORT WORTH (1986),
AS AMENDED, BY AMENDING SECTION 10-3, "JUDGES, CHIEF
JUDGE AND PROSECUTOR," TO INCREASE THE TERM OF
SUBSTITUTE JUDGES FROM ONE YEAR TO TWO YEARS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; ;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Subsection (a) of Section 10-3, "Judges; Chief Judge; Chief Prosecutor," of
Chapter 10, "Courts," of the City of Fort Worth Code of Ordinances currently requires that i
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municipal judges shall be appointed for a term of two (2) years commencing April 1st of even-
numbered years; and
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WHEREAS, Section 10-3 provides that substitute judges are appointed for a term of one
(1)year from the date of their appointment or reappointment; and
WHEREAS, the Texas Government Code Section, 30.00006, "Judge," states that the
governing body shall provide by ordinance for the term of office of its municipal judges and the
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term must be for a definite term of two (2) or four(4)years; and I
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WHEREAS, in order to be consistent with state law and to provide substitute judges
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with the same length of term as the municipal judges, it is recommended that Section 10-3 of
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Chapter 10 of the City Code be amended to change the term of the substitute judges from one (1)
year to two (2) years and to provide that the substitute judges will be appointed or`eappointed on
odd numbered years; j
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS,AS FOLLOWS: j
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Ordinance No.21687-03-2015
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SECTION 1.
Subsection (a), Section 10-3, "Judges," of Article I, "General," of Chapter 10, "Courts," is f
amended to increase the term of substitute judges from one (1) year to (2) years to read as
follows:
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Sec. 10-3. -Judges; chief judge; chief prosecutor.
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(a) Municipal court judges shall be selected and appointed or reappointed for a
term of two (2) years, commencing April 1St of even-numbered years. The
appointment or reappointment of substitute judges shall be for a term of two (2) j
years from the date of their appointment or reappointment and shall be initiated e
upon the recommendation of the chief judge, concurred in by the municipal court j
advisory committee.
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SECTION 2.
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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.
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SECTION 3.
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It is hereby declared to be the intention of the City Council that the sections,paragraphs,
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sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, j
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sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid E
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
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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.
Ordinance No.21687-03-2015
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SECTION 4.
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That this ordinance shall be in full force and effect from adoption. r
APPROVED AS TO FORM AND LEGALITY
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City A�oe y
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ADOPTED and EFFECTIVE: March 17, 2015
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Mary J. Kays r Scgretary 6
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Ordinance No.21687-03-2015
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTIONApproved on 3/1;7/2015 Ordinance No 21:687.03 2015
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DATE: Tuesday, March 17, 2015 REFERENCE NO.: **C-27223
LOG NAME: 12SUBSTITUTE JUDGES i
SUBJECT:
Adopt Ordinance Amending Subsection (a), Section 10-3, Judges; Chief Judge; Chief Prosecutor, of
Chapter 10, Courts, of the City of Fort Worth Code of Ordinances to Increase the Term of Substitute
Judges From One Year to Two Years (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending subsection (a), Section t
10-3, Judges; Chief Judge; Chief Prosecutor, of Chapter 10, Courts, of the City of Fort Worth Code of
Ordinances to increase the term of substitute judges from one year to two years. i
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DISCUSSION:
Subsection (a) of Section 10-3, Judges; Chief Judge; Chief Prosecutor, of Chapter 10, Courts, of the City
of Fort Worth Code of Ordinances currently requires that municipal judges shall be appointed for a term of
two years commencing April 1st of even numbered years. Substitute judges, however, are appointed for a
term of one year from the date of their appointment or reappointment. Texas Government Code Section,
30.00006, Judge, states that the governing body shall provide by ordinance for the term of office of its
municipal judges. The term must be for a definite term of two or four years. In order to be consistent with
state law, it is recommended that Section 10-3 of Chapter 10 of the City Code be amended to change the
term of substitute judges from one year to two years. If the attached ordinance is approved, substitute
judges will be appointed for two years on odd-numbered years. I
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FISCAL INFORMATION /CERTIFICATION: 1
The Financial Management Services Director certifies that this action will have no material effect on City
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FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Rudy Jackson (7504)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Laetitia Brown (6639)
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