HomeMy WebLinkAboutPR 20459: ALTERNATE MUNICIPAL COURT JUDGES, (REQUESTED BY MAYOR FREEMAN) P.R. No. 20459
09/14/18 gt
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO ALTERNATE MUNICIPAL COURT
JUDGES TO ACT AS A MAGISTRATE AND ALSO ACT IN THE ABSENCE
OF THE MUNICIPAL COURT JUDGE (REQUESTED BY MAYOR
FREEMAN)
WHEREAS, it is necessary for the City to provide for compensation for alternate
Municipal Court Judges, who will act as magistrates under Article 2.09 of the Code of
Criminal Procedure and who will also act as a municipal court judge in hearing cases in the
absence of Judge Morrison; and
WHEREAS, Article VIII of the City Charter delineates the requirement for a
Municipal Court Judge who shall reside within the City during his tenure of office; and
WHEREAS, Article VIII of the City Charter delineates that"No official of the City or
other person in the employee of the City shall be eligible for appointment as Judge of the
Municipal Court"; and
WHEREAS, Article VIII also states that, "In the event the Judge of the Municipal
Court is unable to act for any reason, the Mayor or in his absence, the Mayor Pro Tern,
shall appoint a qualified attorney to act in his place who shall have all the powers and
perform all the duties of the regular Judge. The Judge, or anyone acting in his place, shall
receive such compensation as may be set by the Council."; and
WHEREAS, pursuant to Article VIII of the Charter, Mayor Freeman appoints
as an alternate Judge, to act as an alternate Municipal Court
Judge in the absence of Judge Morrison; and
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WHEREAS, there will be a need to delineate schedules and times as to
accommodate magistrate hearings.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the compensation for the alternate Judge(s) as appointed by
Mayor Freeman, under Article VIII of the City Charter, will be $ per day on a call-
out basis (Monday through Friday), and $ per day on a call-out basis (Saturday and
Sunday) that they are scheduled to act as a Magistrate to facilitate the transport of alleged
criminals to the Jefferson County Sheriff.
Section 3. That an alternate Judge will also be compensated on a pro rata basis,
if he or she substitutes in as a Municipal Court Judge in place of Judge Morrison during
scheduled arraignments, hearing, or trial dates.
Section 4. That such compensation shall be payable monthly for any days of
service during the preceding month.
Section 5. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of September, A.D.,
2018, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
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Mayor: ,
Councilmembers: ,
NOES: .
DERRICK FORD FREEMAN, MAYOR
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
%J j
V a I Tizeno, Ci ttorney
APPROVE FOR ADMINISTRATION:
rvey Robinson, Interim City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
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Andrew Vasquez, Finance Director
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