§ 20-5. Judge.

Pursuant to Article VIII of the City Charter and §§ 30.00006 and 30.00224 of the Texas Government Code:

(1)

The city council shall appoint each full-time municipal judge and substitute municipal judge (to include part-time municipal judges by definition) by ordinance for a term of two (2) years, beginning on the date established by the ordinance that accomplishes the appointment or reappointment;

(2)

Each municipal judge and substitute municipal judge shall:

a.

Be a resident of the state;

b.

Be a citizen of the United States;

c.

Be a licensed attorney in good standing;

d.

Have two (2) or more years of experience in the practice of law in the state;

e.

Be a resident of the city for at least three (3) years immediately preceding the judge's appointment;

(3)

The city council shall establish, at the time of appointment, the salary and benefits of full-time municipal judges as provided or authorized by ordinance, which may not be diminished during the municipal judge's term of office and may not be based directly or indirectly on fines, fees or costs collected by the court. Substitute municipal judges shall be compensated on an hourly basis as provided by ordinance for service as a temporary replacement for a municipal judge for any reason and as directed by the presiding judge;

(4)

Each substitute municipal judge, while serving as a municipal judge, possesses all of the powers and shall discharge all of the duties of a municipal judge ("municipal judge" shall mean full-time municipal judge and substitute and part-time municipal judge unless otherwise noted);

(5)

The municipal judges shall take judicial notice of state law and the ordinances and corporate limits of the city. The municipal judges may grant writs of mandamus, attachment and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court. The municipal judges are magistrates and shall perform the duties of a magistrate in the city detention center as needed in accordance with the Texas Code of Criminal Procedure, to include issuing administrative search warrants;

(6)

The municipal judges within the city may exchange benches under the direction of the presiding judge and act for each other in any proceeding pending in the municipal courts of record or magistrate court. An act performed by any of the municipal judges is binding on all parties to the proceeding;

(7)

A municipal judge who accepts employment with the city vacates the judicial office;

(8)

If a vacancy occurs in the office of municipal judge during a term, then a qualified person shall be appointed and confirmed in the same manner for the remainder of the unexpired term;

(9)

Each municipal judge is subject to the holdover provision in Section 160 of the City Charter prior to appointment and confirmation of a successor;

(10)

Municipal judges shall be subject to removal from office as provided by state law;

(11)

The municipal judges shall have all other powers and duties assigned to a municipal judge by the city charter, city ordinances and state law;

(12)

The municipal judges shall follow all rules of practice, procedure and operation contained in the ordinances of the city and state law;

(13)

Each municipal judge shall maintain work hours as directed by the presiding judge and shall be responsible for the caseload distributed to him by the presiding judge; and

(14)

Each full-time municipal judge shall submit documentation for all leave taken during work hours as established by the presiding judge.

(Ord. No. 100824, § 2, 5-5-05)