HomeMy WebLinkAbout033007 ORD - 03/28/2023Ordinance amending Chapter 29 of the Corpus Christi Code to replace terms that
are "coterminous with the term of the appointing City Council" with definite two-
year terms for Municipal Judge Appointments
Whereas, Texas Government Code 29.005 establishes an automatic renewal of
municipal court judge term if no action is taken by the appointing authority within 90
days; and
Whereas, this amendment of the Code provides future appointed Municipal
Court Committees additional time to review judicial appointments.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The recitals contained in the preamble of this Ordinance are determined to
true and correct and are hereby adopted as a part of this Ordinance.
SECTION 2. The Corpus Christ Code, Chapter 29, Sec. 29-4 Judges generally—Offices
created; salaries; qualifications, appointment and term; removal, is amended by adding
the following language that is underlined (added) and deleting the language that is
stricken (deleted) as delineated below:
Sec. 29-4 Judges generally, Offices created; salaries; qualifications,
appointment and term; removal.
(a) The judge of each division shall have all powers of judge, magistrate, and
recorder vested in municipal judges by law. Every substitute judge, as
hereinafter provided for, shall have the offices, powers and duties of the regular
judges of the divisions when and if serving as a substitute judge.
(b) The salary of each judge shall be as prescribed by ordinance of the city council.
(c) The judges of the municipal court of record shall be known as municipal judges,
who shall be licensed attorneys in good standing in the State of Texas,
practicing law in Nueces County for at least two (2) years prior to appointment,
qualified voters, and shall as of the effective date of appointment be qualified
as stated in Article II, section 26, of the City Charter. The municipal judge must
also be a citizen of the United States and a resident of the State of Texas.
(d) The city council shall appoint municipal judges, as deemed necessary for the
benefit and conduct of the court. Each judge shall be appointed by the city
council and shall hold office for a definite two-year term coterminous with the
term of the appointing city council unless sooner removed or until the
successor, if any, is appointed.
(e) The judges of Divisions 1, 2, 3, 4, and 5 shall serve full time during hours
prescribed by the presiding judge. The presiding judge shall assure that the
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033007
SCANNED
hours of the municipal court of record are sufficient to conduct its business in
an efficient manner consistent with available resources.
SECTION 3. The Corpus Christ Code, Chapter 29, Sec. 29-7. - Presiding judge; office
created, special powers and duties; transfer and exchange of benches is amended by
adding the following language that is underlined (added) and deleting the language that
is stricken (deleted) as delineated below:
Sec. 29-7. - Presiding judge; office created, special powers and duties;
transfer and exchange of benches.
(a) The municipal court of record shall be presided over by a presiding municipal
judge who shall be appointed by the city council for a definite two-year term of
two years coterminous with the term of city council. The presiding municipal
judge must meet all qualifications for a municipal judge established section 29-
4.
(b) It shall be the duty of the presiding judge to direct the assignment and trial of
cases and magistrate duties, to order any judge to exchange benches and
preside in any court, and to generally administer all judicial functions of the
municipal court of record.
(c) The same courtroom and municipal court facilities may be used by each of
such divisions under the direction of the presiding judge. Judges of such
divisions may transfer cases from one division to another, and any judge of
any such division may exchange benches and preside over any such divisions
as may be scheduled and ordered by the presiding judge.
(d) The presiding judge shall be the chief judge of the municipal courts of record
and shall, in conference with the other judges, except substitute judges,
establish the local rules of the municipal courts of record, consistent with the
ordinances of the city and the laws of the state.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
juagment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 5. This ordinance takes effect immediately upon passage on second reading.
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That the foregoing ordinance was read for the first time and passed to its second reading on this
the a�sfi day of '('\QC , \ , 2023, by the following vote:
Paulette Guajardo
Roland Barrera
Sylvia Campos
Gil Hernandez
Michael Hunter %
Alscz
Jim Klein
Mike Pusley
Everett Roy
Dan Suckley
41/e,
That the foregoing ordinance was read for the second time and passed finally on this the
day of` \CArC.A , 2023, by the following vote:
Paulette Guajardo
Roland Barrera
Sylvia Campos
Gil Hernandez
Michael Hunter
Fl/c2
ys
Jim Klein
Mike Pusley
16All
Everett Roy
A—vL.
1Y -
Dan Suckley
474-
PASSED AND APPROVED on this the 'ak*day of ' " \WOO , 2023.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary
Mayor
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033 007 _,�1