A. Qualifications; Term:
1. There shall be one judge of the municipal court. A judge must be duly licensed to practice law in the state. He may engage in the practice of law in other courts, but he shall not accept employment inconsistent with his duties as judge, or arising out of facts which give rise to or are connected with cases within the jurisdiction of the court, pending therein, or which might become the subject of proceedings therein. He must be a resident of the city. He may serve as judge of other municipal courts, if such service may be accomplished consistently with his duties as judge of this court, with the consent of the city council.
2. The official term of the judge shall be two (2) years, expiring on February 12 in each odd numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified. (1991 Code § 12-3)
B. Appointment: The judge shall be appointed by the city manager. (Ord. 939, 11-6-2012)
C. Vacancies:
1. A vacancy in the office of judge shall occur if the incumbent:
a. Dies.
b. Resigns.
c. Ceases to possess the qualifications for the office.
d. Is removed and the removal proceeding has been affirmed finally in judicial proceedings or is no longer subject to judicial review. (1991 Code § 12-5)
2. Upon the occurrence of a vacancy in the office of judge, the city manager shall appoint a successor to complete the unexpired term. (Ord. 939, 11-6-2012)
D. Compensation: The salary of the judge shall be established upon recommendation of the city manager to, and approval of, the city council to be paid in the same manner as the salaries of other officials of the city. (1991 Code § 12-6; amd. 2007 Code)
E. Removal: Judges shall be subject to removal from office, by the city council, for the causes prescribed by the constitution and laws of this state for the removal of public officers. Proceedings for removal shall be instituted by the filing of a verified written petition, setting forth facts sufficient to constitute one or more legal grounds for removal. Petitions may be signed and filed by the mayor or twenty five (25) or more qualified electors of the city. In the latter event, verification may be executed by one or more of the petitioners. The city council shall set a date for hearing the matter, and shall cause notice thereof, together with a copy of the petition, to be served personally upon the judge at least ten (10) days before the hearing. At the hearing, the judge shall be entitled to representation by counsel, to present testimony and to cross examine the witnesses against him, and to have all evidence against him presented in open hearing. So far as they can be made applicable, the provisions of the administrative procedures act 1 governing individual proceedings shall govern removal proceedings hereunder. Judgment of removal shall be entered only upon individual votes, by a majority of all members of the city council, in favor of such removal. (1991 Code § 12-7)
Notes
| 1 | 1. 75 OS § 250 et seq. |