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(a) A judge shall preside over each of the municipal court of record divisions. A judge appointed under Section 4, Chapter VIII of the city charter shall be known as a “municipal judge.” A judge appointed under Section 6, Chapter VIII of the city charter shall be known as an “associate municipal judge.”
(b) A municipal judge shall:
(1) hold a respective court within the city at a place designated by the city council;
(2) follow all rules of procedure contained in the ordinances of the city and state law;
(3) enter on the docket of the municipal court of record division over which the municipal judge presides, appropriate notations of the disposition of each case;
(4) have authority to preside over any of the municipal court of record divisions, and may exchange benches with other municipal judges; and
(5) have all other powers and duties assigned to a municipal judge by the city charter, other city ordinances, Chapter 30 of the Texas Government Code, or other state law.
(c) The administrative municipal judge of the municipal court of record shall:
(1) provide for equal distribution of cases among the municipal court of record divisions and select so many bailiffs of the municipal court of record as are necessary;
(2) have the power to transfer cases from one municipal court of record division to another and assign municipal judges to preside over the various divisions;
(3) promulgate work rules for the administration of the municipal court of record;
(4) provide at least one performance evaluation annually of each municipal judge; and
(5) have all other powers and duties assigned to the administrative municipal judge by the city charter, other city ordinances, Chapter 30 of the Texas Government Code, or other state law. (Ord. Nos. 7429; 15603; 18477; 18837; 19802; 20201; 21011; 22496; 24946)
(a) There is hereby created the judicial nominating commission of the city, which shall be an advisory body of 16 members. Fifteen of the members will be appointed by the city council, with each city council member appointing one member of the commission. The sixteenth member of the commission will be the Dallas city attorney, who shall serve as an ex officio, voting member of the commission and who, for purposes of Section 13, Chapter XXIV of the city charter, shall be appointed by the full city council. The mayor shall appoint the chair of the commission, and the full city council shall appoint the vice-chair.
(b) Each member of the commission shall be appointed for a two-year term beginning on October 1 of each odd-numbered year. All members shall serve until their successors are appointed and qualified. The term limits established for board and commission members in Section 8-1.5 of this code do not apply to the city attorney’s service on the commission.
(c) A city of Dallas municipal judge shall serve as an ex officio, nonvoting member of the commission.
(d) The commission must reflect, as nearly as practicable, the racial, ethnic, and gender makeup of the city’s population.
(e) The commission must meet at least once each quarter of the commission’s term and may hold additional meetings at the call of the chair.
(f) No member of the judicial nominating commission may engage in the practice of law in or before the municipal courts of the city. (Ord. Nos. 21011; 21515; 21804; 24003; 27833; 29645)
(a) The judicial nominating commission shall act as an advisory body to the city council and shall:
(1) recommend nominees to serve as full- time and associate governmental judges;
(2) make reports and recommendations to the city council ad hoc judicial nominations committee on the status of the selection process for municipal judges;
(3) review and make recommendations to the city council ad hoc judicial nominations committee on the salary structure for municipal judges, including evaluating the feasibility of a merit pay plan;
(4) make recommendations to the city council concerning the selection, removal, and pay of administrative law judges in accordance with Article XXVII, Chapter 2 of this code; and
(5) perform other duties assigned by the city council.
(b) The ad hoc judicial nominations committee of the city council shall provide to the judicial nominating commission minimum qualifications and evaluation guidelines for assessing applicants for a vacancy in the office of municipal judge and a time schedule for recommending nominees. The guidelines must include appropriate goals for achieving sufficient racial, ethnic, and gender diversity within the municipal court of record. Each associate and full-time municipal judge, including the administrative municipal judge, shall reside in the city of Dallas within four months after the date of appointment and throughout his or her term as a municipal judge for the city of Dallas.
(c) When there is a vacancy in the office of full- time or associate municipal judge (including a vacancy created by the expiration of a judge’s term), the director of human resources shall receive applications, which shall be forwarded to the judicial nominating commission through its chair. The commission shall review the applications and resumes, research applicant qualifications, and conduct interviews; except that if a vacancy occurs within 120 days after the appointment of any full-time or associate municipal judge, for which the commission conducted interviews, the commission is not required to conduct additional interviews but may, in its discretion, recommend nominees to fill the new vacancy from applicants who were interviewed for any municipal judge position that was filled within the preceding 120 days. The commission may also, by a two-thirds vote, waive the interview requirement for any person who has completed at least eight consecutive years of continuous service as a full-time municipal judge for the city when that person applies for a position as an associate municipal judge. If in the opinion of the commission, none of the applicants for a municipal judge position meets minimum qualifications established by the city council ad hoc judicial nominations committee, the commission may search for and interview additional applicants.
(d) After deliberation, the judicial nominating commission shall recommend to the city council ad hoc judicial nominations committee a number of nominees equal to 150 percent of the number of vacancies in the office of full-time or associate municipal judge, rounded up to whole numbers. The nominees must be divided into two groups, one for full-time judges and one for associate judges, with the members of each group being ranked in the order of preference by the judicial nominating commission, with Number 1 being the highest ranking. If the number of applicants for all of the vacant municipal judge positions is less than the number of nominees required by this subsection to be recommended to the ad hoc judicial nominations committee, then the commission may, in its discretion, either recommend any persons who have applied or seek additional candidates.
(e) Upon receiving the judicial nominating commission’s recommendation of nominees, the city council ad hoc judicial nominations committee may interview one or more of the nominees or other applicants interviewed by the commission. If not satisfied with any number of the nominees or other applicants interviewed by the commission, the ad hoc judicial nominations committee may request that the commission recommend a specified number of additional nominees to the committee. After deliberation, the ad hoc judicial nominations committee shall forward to the full city council a number of nominees equal to 150 percent of the number of vacancies in the office of full-time or associate municipal judge, rounded up to whole numbers. The nominees must be divided into two groups, one for full-time judges and one for associate judges, with the members of each group being ranked in the order of preference by the ad hoc judicial nominations committee, with Number 1 being the highest ranking. Rankings of the nominees by the judicial nominating commission must also be forwarded to the full city council.
(f) Upon receiving the recommendation of nominees from the ad hoc judicial nominations committee, the city council shall select one nominee or other applicant interviewed by the ad hoc judicial nominations committee or the judicial nominating commission to fill each vacancy. Before making a selection, the city council may interview one or more of the nominees or other applicants interviewed by the ad hoc judicial nominations committee or the judicial nominating commission. If not satisfied with any number of these candidates, the city council may, in its discretion, fill whatever vacancies it desires and request that the judicial nominating commission recommend to the ad hoc judicial nominations committee a specified number of additional nominees for the unfilled vacancies.
(g) When there is a vacancy in the office of the administrative municipal judge (including a vacancy created by the expiration of the judge’s term), the judicial nominating commission shall conduct interviews of all interested full-time municipal judges of the city of Dallas, and all interested applicants for vacant full-time municipal judge positions, for the office of administrative municipal judge. After deliberation, the commission shall recommend to the full city council three nominees for the office of administrative municipal judge ranked in the order of preference, with Number 1 being the highest ranking. The city council shall interview the nominees and select one as the administrative municipal judge, or, if not satisfied with any of the nominees, the city council may reject all and request that the judicial nominating commission repeat the nominating process.
(h) The city manager shall provide staff to assist the judicial nominating commission in performing its duties and responsibilities.
(i) Nothing in this section affects the holdover status of an incumbent municipal judge under applicable city, state, and federal laws. (Ord. Nos. 21011; 21515; 21804; 22321; 22612; 23124; 24946; 25518; 25655; 26093; 29394)
(a) The bailiffs of the municipal court of record, under the direction and supervision of the administrative municipal judge, shall serve the municipal court of record.
(b) The bailiffs shall:
(1) be selected by the administrative municipal judge;
(2) meet all qualifications necessary to be certified as peace officers by the Texas Commission on Law Enforcement Officer Standards and Education; and
(3) be appointed and commissioned by the city marshal as deputy city marshals.
(c) The administrative municipal judge or his designee shall supervise the activities of bailiffs and shall have the authority to impose disciplinary action in accordance with city personnel rules. If the administrative municipal judge terminates the employment of a bailiff, the city marshal shall remove the appointment and commission of the bailiff as a deputy city marshal.
(d) Appeals from disciplinary actions taken by the administrative judge shall be to the city manager or his designee and then to the trial board in cases where that body has jurisdiction. If a bailiff whose employment has been terminated is reinstated during the appeal process, then the bailiff shall be reappointed as a bailiff by the administrative municipal judge and reappointed and recommissioned by the city marshal as a deputy city marshal. (Ord. Nos. 18477; 18837; 19802)
There is hereby created the department of Dallas municipal court, the director of which shall be the clerk of the municipal court of record who shall be known as the municipal clerk. (Ord. Nos. 18477; 19802; 22669; 32557)
(a) The municipal clerk, who also holds the position of court administrator and director of the department of Dallas municipal court, shall:
(1) prepare and maintain accurate dockets and minutes for each municipal court of record division created under this article;
(2) have custody of all documents and papers relating to the business of the municipal court of record divisions;
(3) supervise the collection of fines imposed by the municipal court of record;
(4) maintain complaints for all cases in the municipal court of record for which a complaint is required by law;
(5) supervise the administration of arrest warrants; and
(6) have all other powers and duties assigned to the municipal clerk by the city charter, other city ordinances, Chapter 30 of the Texas Government Code, or other state law.
(b) The municipal clerk may appoint deputy clerks who, when acting under the municipal clerk’s direction, shall have the authority to perform all acts required of the municipal clerk by the city charter, city ordinances, or state law. (Code 1941, Art. 28-1; Ord. Nos. 8215; 15603; 17029; 18477; 19802; 22669; 24946; 30994; 32557)
(Repealed by Ord. 32557)
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