Loading...
Item 7AMEMORANDUM March 30, 2011 TO: Billy Campbell, City Manager FROM: Sean Leonard, Court Administrator SUBJECT: Alternate Judge Appointment Action Requested: Appoint an alternate judge to fill the position vacated by Associate Judge Andrew Wambsganss. Background Information: On October 15, 2002 the Southlake City Council formally accepted the resignation of Associate Judge Andrew Wambsganss. The Council then met with Judge Carol Montgomery on November 5, 2002, and tasked her with narrowing the list of prospective alternate judge applicants to three candidates. Judge Montgomery then met with all known applicants and recommended three candidates be considered for the Alternate Judge's position. On December 17, 2002, Council approved Ordinance No. 837 on first reading, appointing Mr. Gary Lee Hach as Alternate Municipal Judge. Financial Considerations: Alternate Judges are paid $250.00 per trial and $65.00 per arraignment period. Citizen Input/ Board Review: No Citizen Input received. Not subject to any Board review. Legal Review: None. Alternatives: Not applicable. Supporting Documents: Ordinance No. 837 Professional Services Agreement Staff Recommendation: Approval of the second reading of Ordinance No. 837. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 837 AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ALTERNATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That Gary Lee Hach is hereby appointed alternate municipal judge of the City of Southlake, Texas, for a term of two years, which will expire January 7, 2005, in accordance with the terms of the Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit "A." PASSED AND APPROVED THIS THE 17 DAY OF DECEMBER 2002 ON FIRST READING. Mayor Rick Stacy ATTEST: Lori A. Farwell City Secretary PASSED AND APPROVED THIS THE 7 t DAY OF JANUARY 2003 ON SECOND READING. Mayor Rick Stacy ATTEST: Lori A. Farwell City Secretary Ordinance No. 837 Page two APPROVED AS TO FORM AND LEGALITY: City Attorney Date Signed: Date Approved: Effective Date: CITY OF SOUTHLAKE Exhibit A Professional Services Agreement Alternate Judge This Agreement, made and entered into this day of , 2003, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City," and Gary Lee Hach, hereinafter referred to as "Alternate Judge." WITNESSETH: 1. City does hereby agree to enter into an Agreement with Gary Lee Hach for Alternate Judge services for a period of two (2) years, beginning on January 7, 2003 and continuing through midnight on January 7, 2005 at a salary of $65 per required arraignment period and $250 per court session. 2. The Alternate Judge agrees to serve as Judge in the temporary absence of the Municipal Judge due to illness, family death, continuing legal or judicial education programs, or any other reason. The Alternate Judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge as outlined in more detail in Exhibit A. Further, the Alternate Judge, while serving as a municipal judge, shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the court clerk. 3. During this Agreement, the Alternate Judge agrees to comply with all provisions of the Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Section 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Southlake Municipal Court of Record. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 4. City does hereby agree to budget and to pay for professional memberships, subscriptions, and dues to state and local legal associations and organizations necessary and desirable for his /her continued professional participation, growth and advancement, and for the good of the City. Such memberships to include the following: Texas State Bar Association 5. City does hereby agree to budget and to pay for the travel and subsistence expenses of Alternate Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. 6. City does hereby agree to review the Alternate Judge's compensation on an annual basis at the time the Municipal Judge's performance is reviewed by the City Council. 7. The Alternate Judge shall not take on representation of a client adverse to the City. The Alternate Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 8. The Alternate Judge warrants he /she meets the minimum qualifications listed in Chapter V of the City of Southlake Charter and Article 11 of Chapter 8 of the Code of Ordinances of the City of Southlake. 9. The city may remove the Alternate Judge from office during his /her term pursuant to and in accordance with the requirements of Section 30 of the Texas Government Code, or its successor, as same may hereafter be amended. 10. A request by the Alternate Judge for release from this Agreement prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unapproved abandonment of the Agreement shall be considered a default by the Alternate Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by Rick Stacy, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Alternate Judge has hereunto set his /her hand and seal the date first above written. Alternate Judge Gary Lee Hach City of Southlake, Mayor Rick Stacy ATTEST: Lori A. Farwell City Secretary Approved as to legal form: City Attorney's Office Date Signed: Date Approved: Effective Date: Municipal Court Judge Duties Essential Functions: 1. Perform various judicial work in the Municipal Court in accordance with the provisions of the City Charter, City ordinances and applicable State and Federal statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non -jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not been established. 5. Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. Issue search and arrest warrants; set and forfeit bail for Class C misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and misdemeanors as part of magistration duties. 7. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 8. Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. Exhibit A