2009-078S:\Our Do=ents\0rdinances\09\ordina=e appointing judges.doc
ORDINANCE NO. 2QQg- j~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPOINTING ROBIN A.
RAMSAY AS PRESIDING JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT
OF RECORD; APPOINTING KIMBERLY CAWLEY McCARY AS ASSISTANT JUDGE
FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING
EARLEAN COBBIN MURPHY AS ASSISTANT JUDGE FOR THE CITY OF DENTON
MUNICIPAL COURT OF RECORD; APPOINTING GREGORY L. BERTRAND AS
ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD;
APPOINTING ANN STEPHENS POSTON AS ASSISTANT JUDGE FOR THE CITY OF
DENTON MUNICIPAL COURT OF RECORD; APPOINTING JAMES HORTON AS
ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD;
APPOINTING DENNIS ENGLER AS ASSISTANT JUDGE FOR THE CITY OF DENTON
MUNICIPAL COURT OF RECORD; ESTABLISHING TERMS OF OFFICE FOR
MUNICIPAL JUDGES IN ACCORDANCE WITH APPLICABLE STATE STATUTES;
PROVIDING FOR RENEWAL AND EXTENSION OF TERMS ABSENT SPECIFIC
ACTION BY COUNCIL; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
FOR TERM OF OFFICE; RATIFYING TERMS OF CONTRACT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Section 6.03 of the Charter of the City of Denton and Chapter 19 of the
Code of Ordinances of the City of Denton authorize the City Council to appoint a Presiding
Municipal Judge to preside over the judicial functions of the Municipal Court of Record for the
City of Denton; and
WHEREAS, Section 6.03 of the Charter of the City of Denton and Chapter 19 of the
Code of Ordinances of the City of Denton 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, Chapter 30 of the Government Code, the Uniform Municipal Courts of
Record Act (specifically Section 30.00006) provides that a governing body shall appoint one or
more Judges to preside over a municipal court of record; and
WHEREAS, Chapter 30 of the Texas Government Code requires that the Council shall
establish two year terms of office; and
WHEREAS, the Texas Constitution and Chapter 29 of the Local Government Code
provide 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
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SAOur Documents\Ordinances\09\ordinarrce appointing judges.doc
WHEREAS, applicable portions of the Denton City Charter and Municipal Code
provide that the Presiding Judge shall be appointed in even-numbered years and the Assistant
Municipal Court Judges shall be appointed in odd-numbered years; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. ROBIN A. RAMSAY is appointed as the Presiding Judge for the
Municipal Court of Record for the City of Denton, Texas for a two year term of office
beginning on the Is` day of January 2009 and continuing through December 31, 2011 or as
further provided herein. In his capacity as Presiding Judge, he shall have all duties and powers
as provided under Sec. 30.00007 of the Texas Government Code.
SECTION 2. KIMBERLY CAWLEY McCARY is hereby appointed as an Assistant
Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two
year term of office beginning on the I` day of January, 2009 and continuing through December
31, 2011, or as further provided herein.
SECTION 3. EARLEAN COBBIN MURPHY is hereby appointed as an Assistant
Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two
year term of office beginning on the ls` day of January, 2009 and continuing through December
31, 2011, or as further provided herein.
SECTION 4. GREGORY L. BERTRAND is hereby appointed as an Assistant
Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two
year term of office beginning on the ls` day of January, 2009 and continuing through December
31, 2011, or as further provided herein.
SECTION 5. ANN STEPHENS POSTON is hereby appointed as an Assistant
Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two
year term of office beginning on the I` day of January, 2009 and continuing through December
31, 2011, or as further provided herein.
SECTION 6. JAMES HORTON is hereby appointed as an Assistant Municipal Judge
for the Municipal Court of Record for the City of Denton, Texas for a two year term of office
beginning on the I" day of January, 2009 and continuing through December 31, 2011, or as
further provided herein.
SECTION 7. DENNIS ENGLER is hereby appointed as an Assistant Municipal Judge
for the Municipal Court of Record for the City of Denton, Texas for a two year term of office
beginning on the I" day of January, 2009 and continuing through December 31, 2011, or as
further provided herein.
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SECTION 8. The City of Denton appoints and designates the aforementioned persons
as municipal judges and magistrates for and under the laws of the State of Texas, with all the
powers, rights and duties of said appointment for two year terms of office. As provided by
Article XI of the Texas Constitution and Chapter 29 of the Local Government Code, said terms
of office shall be renewed and extended and said Judge or Judges shall be reappointed for
successive terms of two years on the 91s` day following the expiration of a term of office, absent
specific action by the Denton City Council to the contrary, and said Judge or Judges shall
continue to serve for another term of office beginning on the date the previous term of office
expired.
SECTION 9. The Mayor is authorized to execute a Contract for Services with the
Presiding Judge and each Assistant Judge, providing for the terms of employment and
compensation for each Municipal Court Judge.
SECTION 10. Should any portions or provisions of the Code of Ordinances or City
Charter for the City of Denton conflict with state law, Chapter 30 (The Uniform Municipal
Court of Record Act) shall be controlling authority regarding the terms of appointment, re-
appointment, qualifications or removal of a municipal court judge as appointed herein.
SECTION 1. This ordinance shall become effective as of the date of appointment
above, and shall not affect the remainder of any terms of office for any of Judge referenced
above.
2009.
PASSED AND APPROVED this the 7
4. e day of &AtZ
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,
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