HomeMy WebLinkAboutPR 14543: ALTERNATE MUNICIPAL COURT JUDGES TO ACT AS MAGISTRATEP. R. No. 14543
01/25/08 is
RESOLUTION N0.
• 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 PRINCE)
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 Tem, 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
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WHEREAS, Judge Morrison has- recommended Travis Evans as an
alternate Judge which-the Mayor desires to utilize, as well as other
attorneys in Port Arthur who are available and willing to act as an
alternate Municipal Court Judge in the absence of Judge Morrison;
and
WHEREAS, there will be a need to delineate schedules and times
as to accommodate magistrate hearings.
NOFT 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 Prince, under Article'VIII of the
City Charter, will be $100 per day on a call-out basis (Monday
through Friday), and $200 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.
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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
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
.Mayor
Councilmembers
NOES:
.ATTEST:
MAYOR
ACTING CITY SECRETARY
APPROVED AS TO FORM:
SEE CONFIDENTIAL MEMO
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED AS TO .AVAILABILITY OF FUNDS:
DIRECTOR OF FINANCE
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