(A) Town Magistrate.
(1) The presiding officer of the Municipal Court shall be the Town Magistrate.
(2) The Town Magistrate shall be appointed by the Common Council.
(3) The Town Magistrate shall serve a term of two years, with the beginning and end of the term to be specified at the time of appointment.
(4) The term shall automatically terminate upon expiration of said two-year period, unless prior thereto the Common Council shall by a majority vote otherwise.
(5) Nothing in this chapter shall change the town’s right, after a due process hearing, to remove the Magistrate for cause.
(Prior Code, § 5-2-1)
(B) Qualification.
(1) Every Magistrate, Pro Tern Magistrate, Justice of the Peace, Pro Tem Justice of the Peace, Judge of the Superior Court, Pro Tem Judge of the Superior Court and Superior Court Commissioner so employed by any county, city or town of the state or by the state, is qualified to serve as a Pro Tem Town Magistrate and, if assigned to serve in such capacity by the Town Magistrate, shall be permitted to serve as a Pro Tem Town Magistrate without the formality of the ratification of such appointment by the Common Council.
(2) The Town Magistrate may, but is not required to, appoint one or more Pro Tem Magistrates not otherwise qualified to serve as a Pro Tem Town Magistrate pursuant to division (B)(1) above with the advice and consent of the Common Council.
(3) A Pro Tem Magistrate shall, while so serving, have all the duties, responsibilities and authority of the Town Magistrate.
(4) Any Pro Tem Magistrate may serve as Town Magistrate in the absence of the Town Magistrate.
(5) A Pro Tem Magistrate shall, regardless of the presence or absence of the Town Magistrate, preside over such matters as are assigned by the Town Magistrate.
(6) The term for a Pro Tem Magistrate appointed pursuant to division (B)(2) above is two years, with the beginning and end of the term to be specified at the time of appointment.
(7) The term for a Pro Tem Magistrate appointed pursuant to division (B)(2) above shall automatically terminate upon expiration of said two-year period, unless prior thereto the Council shall by a majority vote otherwise direct.
(8) Nothing in this chapter shall change the town’s right, after a due process hearing, to remove a Pro Tem Town Magistrate appointed pursuant to division (B)(2) above for cause.
(Prior Code, § 5-2-2)
(C) Powers and duties of Town Magistrate. The powers and duties set forth and conferred upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolution of the town:
(1) The keeping of a docket in which shall be entered each action and the proceedings of the court therein;
(2) The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other moneys as provided by law;
(3) Payment of all fees, fines, penalties and other moneys collected by the Court to the Treasurer;
(4) Submitting a monthly report to the Council summarizing court activities for that month; and
(5) Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation.
(Prior Code, § 5-2-3)
(D) Eligibility.
(1) Eligibility requirements.
(a) Unless otherwise required by state statutes, any person eligible to be elected as a Justice of the Peace in the state is eligible to be Town Magistrate.
(b) Although residency may be considered as a factor by the Common Council in selecting a Town Magistrate, residency within the town limits of the town is not a prerequisite to employment as Town Magistrate.
(Prior Code, § 5-5-1)
(2) Persons ineligible to serve as Town Magistrate.
(a) No person whose duties as an employee of the town have a direct relationship with the administration of the town, including, but not limited to, the Town Manager, Assistant Town Manager, Town Clerk, Police Chief, Town Engineer or Town Attorney shall hold the office of Town Magistrate or Assistant Town Magistrate.
(b) No person who has been convicted of a felony offense, whether or not the record of such conviction has been expunged, is eligible to be Town Magistrate unless expungement of the record of such conviction was the result of a determination of actual innocence.
(c) No person who has been convicted of a misdemeanor offense involving dishonesty or of theft, including shoplifting, is eligible to be Town Magistrate.
(Prior Code, § 5-5-2)
(E) Duties.
(1) The Magistrate shall serve as an independent arbiter of justice.
(2) The Magistrate shall abide by the Judicial Canons established by the state’s Supreme Court.
(3) The Magistrate shall administer the Court and be responsible for the management of its personnel and budget.
(Prior Code, § 5-6-1)
(Ord. 11-14, passed - -2011; Ord. 13-03, passed - -2013)