23-1449ORDINANCE NO. 23-1449
AN ORD[NANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,REAPPOINTING THE HONORABLE ANN POSTON, THE HONORABLE CYNTHIABURKETT. AND THE HONORABLE KIMBERLY LAFFERTY, EACH AS ASSISTANTJUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD FOR A TWO (2)YEAR TERM BEGINNING DECEMBER 3 IST, 2023, AND ENDING DECEMBER 30, 2025;APPOINTING JAMES ABLE, COLETTE SALLAS, AND HYATTYE SIMMONS, EACH ASASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD
FOR A TWO (2) YEAR TERM BEGINNING AUGUST 15, 2023, AND ENDING AUGUST14, 2025; AUTHORIZING EXPENDITURE OF FUNDS; AUTHORIZING THE MAYOR TOEXECUTE A CONTRACT FOR THE DESIGNATED TERM OF OFFICE FOR EACH
JUDGE; AND DECLAR[NG AN EFFECTIVE DATE.
WHEREAS, Section 6.03 of the Charter of the City of Denton and Chapter 19 of the
Code of the City of Denton, Texas, authorize the City Council to appoint Assistant Municipal
Court Judges to preside over the judicial functions of the Municipal Court of Record for the City
of Denton in the absence of the Presiding Judge; and
WHEREAS, Chapters 29 and 30 of the Texas Government Code provide that a governing
body shall appoint one or more judges by ordinance to preside over a municipal court of record
and to serve for a term of office of two years unless the municipality provides for a longer term
pursuant to Article XI, Section 1 1, of the Texas Constitution; and
WHEREAS, appointed judges are not employees of the City of Denton, but instead are
independent contractors providing judicial and magistration services as an assistant municipal
court judge; and
WHEREAS, Section 19-36 of the Code of the City of Denton, Texas, provides assistant
judges are appointed in odd numbered years, serve in the absence of and have all the authority of
the presiding municipal court judge as provided by state law and the city charter, and serve a two
(2) year term from the date of appointment; and
WHEREAS, Chapter 29 of the Local Government Code provides that a municipal court
judge who is not reappointed by the 91st day following the expiration of a term of office shall,
absent action by the appointing authority, continue to serve for another term of office beginning
on the date the previous term of office expired; and
WHEREAS, beginning in October 2021, the Court implemented evening arraignments
for individuals detained in the city's jail facility and for which the assistant judges have the
primary responsibility to conduct; and
WHEREAS, there are currently three (3) assistant judges (James Able, Cynthia Burkett
and Kimberly Lafferty) who are serving current two (2) year appointments that expire December
31, 2023; and
WHEREAS, as assistant judges are not guaranteed any minimum number of hours, and
appointing three (3) additional assistant judges will help to ensure coverage for all municipalcourt dockets and arraignments; and
WHEREAS, the Presiding Judge has determined that James Able, Cynthia Burkett,Kimberly Lafferty Ann Poston, Colette Sallas, and Hyattye Simmons are well versed and
knowledgeable in the law, and have demonstrated the character necessary to maintain the dignity
and professionalism of both a magistrate and assistant judge of the Denton Municipal Court;NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
Section 2. James Able, is hereby appointed as an Assistant Municipal Judge for theMunicipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office
beginning on the 31 st day of December, 2023, and continuing through December 30th, 2025.
Section 3. Cynthia Burkett, is hereby appointed as an Assistant Municipal Judge for the
Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office
beginning on the 31 st day of December, 2023, and continuing through December 30th, 2025 .
Section 4. Kimberly Lafferty is hereby appointed as an Assistant Municipal Judge for the
Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Officebeginning on the 3 1 st day of December, 2023, and continuing through December 30th, 2025 .
Section 5. Ann Poston, is hereby appointed as an Assistant Municipal Judge for the
Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office
beginning on August 15th, 2023, and continuing through August 14th, 2025.
Section 6. Colette Sallas, and Hyattye Simmons is hereby appointed as an Assistant
Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2)
year Term of Office beginning on August 15th, 2023, and continuing through August 14th, 2025 .
Section 7. Hyattye Simmons is hereby appointed as an Assistant Municipal Judge for theMunicipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office
beginning August 15th, 2023, and continuing through August 14th, 2025.
Section 8. The City of Denton therefore appoints and designates the aforementioned
persons as assistant municipal judges for, and under the laws of, the State of Texas with all the
powers, rights and duties of said appointment, including the duties of magistrate, each for a two
(2) year term of office.
Section 9. City expenditures provided for in the Contract for Services are herebyauthorized.
Section 10. The Mayor is hereby authorized to execute on behalf of the City of Denton a
contract for services in substantial conformance with the contract template attached hereto as
Exhibit A with each Assistant Judge, providing for the terms of compensation for each assistantmunicipal court judge.
Section 1 1. This Ordinance shall be effective from and after its passage and approval.
The motion to approve this ordinance was made by [$H,, hh 1 and seconded by r?.,i ntl+u/ 1.
The ordinance was passed and approved by the following vote p– 6 – J :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:/
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Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, I St- d,y ,f An.s+. 2023
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY At$1111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by SusanSusan Keller Et:;r2023.08.07 16:07:55BY' -05'oo’