HomeMy WebLinkAboutOrdinance 14147ORDINANCE NO I'~-I ~ ~' ~I
AN ORDINANCE AMENDING SECTION 10-3(b) OF THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED, TO PRESCRIBE THE POWERS AND DUTIES
OF THE CHIEF JUDGE OF THE MUNICIPAL COURTS, PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF OTHER CITY ORDINANCES AND
REPEALING ORDINANCES IN CONFLICT HEREWITH, 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 Section 10-3(b) of Chapter 10, "Courts", of the Code of the City of Fort
Worth (1986), as amended, is hereby amended to read as follows
Sec 10-3 Judges, chief judge, chief prosecutor
"(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 Ordinance, and in addition, those cited in the Uniform Municipal Courts of
Record Act, as amended by the Fort Worth court of record statute The chief judge may
prescribe such rules and procedures, not inconsistent with the laws of the state and the
ordinances of the city, as are necessary for the orderly trial of cases in the municipal
courts Further, the chief judge shall be authorized to exercise administrative control
and oversight over the other appointed municipal judges, including without limitation the
authority to set work hours, schedule vacations and leave times, coordinate schedules,
assign court duties, and conduct performance evaluations of the judges for the review of
the municipal court advisory committee and city council "
SECTION 2
That 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 Code,
in which event such conflicting provisions of such ordinances and 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repealed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
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 4
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained
APPROVED AS TO FORM AND LEGALITY
Assistant City torney
DATE ~~~ ~ ~ Ov
ADOPTED 3 a ~ Q O
EFFECTIVE ~ ~~j /pp
2
City of Fort Worth, Texas
~1~A~ar And Caunc~l Ca~rt~rtun~cAt~ian
DATE REFERENCE NUMBER LOG NAME PAGE
3/28/00 G-12863 12DUTIES 1 of 2
SUBJECT AMENDING SECTION 10-3(B) OF THE CODE OF THE CITY OF FORT WORTH (1986)
TO PRESCRIBE THE POWERS AND DUTIES OF THE CHIEF JUDGE OF THE
MUNICIPAL COURTS
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance prescribing the powers and
duties of the Chief Judge of the Municipal Courts
DISCUSSION
The adoption of the ordinance would give the Chief Judge the authority over such matters as work
hours, scheduling of vacations and leave times, coordination of schedules, assignment of court duties,
and conducting performance evaluations of the other judges
State law confers certain powers and duties on the "presiding judge" of municipal courts under the
Uniform Municipal Court Act (Act) (Chapter 30, Government Code), Subchapter A, which was adopted
by the 1999 Legislature This Act sets forth certain provisions that are applicable to each city with a
municipal court of record, unless the provision conflicts with a specific provision of the City's court of
record statute Section 30 00007 of the Act provides that if there is more than one municipal judge in
the municipality, the governing body shall appoint one of the judges as the presiding. judge In addition
to the listed responsibilities set out in the Act for the presiding judge, the more specific duties set out in
the ordinance would allow the presiding judge to have authority over scheduling, assignment of court
duties, and performance evaluations of the judges for the review of the Municipal Court Advisory
Committee and the City Council
The provisions of the Act relating to the direction and control of the presiding judge over the clerk and
other court personnel (Section 30 00009c, Government Code), do not apply to the Fort Worth Municipal
Courts because of a specific exception in the Fort Worth court of record statute found in Section
30 00385 of the Government Code
The adoption of the ordinance would grant to the Chief Judge certain additional administrative and
supervisory authority over the other municipal judges as allowed under the Government Code as cited
above
City of Fort Worth, Texas
~1-~u~~r un~l L,uun~l cae»ehun~cut~un
DATE
3/28/00 REFERENCE NUMBER
G-12863 LOG NAME
12DUTIES PAGE
2 of 2
SUBJECT AMENDING SECTION 10-3(B) OF THE CODE OF THE CITY OF FORT WORTH (1986)
TO PRESCRIBE THE POWERS AND DUTIES OF THE CHIEF JUDGE OF THE
MUNICIPAL COURTS
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by• (to)
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Charles-Bosweil 8511 (~
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Originating Department Head: v
MAR 28 2000
David Yett 7606 (from)
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Additional Information Contact: "'' " `4~`J
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David Yett 7606 y
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