2004-021ORDINANCE NO. ,~¢-- O~ /
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 JUDITHA LEE 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; ESTABLISHING TERMS OF OFFICE
FOR MUNICIPAL JUDGES IN ACCORDANCE WITH APPLICABLE STATE
STATUTES; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
TERM OF OFFICE; RATIFYING TERMS OF CONTRACT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING RETROACTIVE EFFECT AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Sections 6.03 of the Charter of the City of Denton and Chapter 19
of the City Code for 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, Sections 6.03 of the Charter of the City of Denton and Chapter 19
of the City Code for the City of Denton authorize the City Council to appoint a
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, 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. That ROBIN A. RAMSAY is appointed as the Presiding Judge
for the Municipal Court of Record for the City of Denton, Texas for a two (2) year
Term of Office beginning on the 1st day of January, 2004 and continuing through
December 31~t, 2006 or as further provided herein;
SECTION 2. That 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 (2) year Term of Office beginning on the Ist day of January,
2003 and continuing through December 31~t, 2005, or as further provided herein;
SECTION 3. That 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 (2) year Term of Office beginning on the 1st day of January, 2003 and
cont'muing through December 31s~, 2005, or as further provided herein;
SECTION 4. That 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 (2) year Term of Office beginning on the 1~t day of January, 2003 and
continuing through December 31st, 2005, or as further provided herein;
SECTION 5. That JUDITHA LEE BERTRAND 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 1~t day of January, 2003 and
continuing through December 31~t, 2005, or as further provided herein;
SECTION 6. That 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 (2) year Term of Office beginning on the 1st day of January, 2003 and
continuing through December 31st, 2005, or as further provided herein;
SECTION 7. That 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
(2) year Terms of Office. This appointment shall become effective from the dates
indicated above and the City Council specifically authorizes and approves all actions
taken by the Presiding Judge and Assistant Judges from and after the date of their
appointment. Said Terms of Office shall be renewed and extended and said Judges shall
be reappointed for successive terms of two (2) years, unless either the City or the Judge
provides written notice of intent that said appointment and contract shall not be renewed
at least thirty (30) days prior to the expiration of any such term of appointment.
SECTION 8. The Mayor is herein authorized to execute on behalf of the City a
Contract for Services with the Presiding Judge and each Assistant Judge, copies of
which are attached hereto and fully incorporated herein, providing for the terms of
employment and compensation for each municipal court judge.
SECTION 9. Said Judges may be removed during their term of office for acts
of official misconduct or as otherwise specifically provided under the Texas Local
Government Code or Texas Government Code. That should any portions or provisions
of the City Code 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 10. That the City finds in accordance with Sec. 574 of the
Government Code that the Judge may hold the office of municipal judge for more than
one municipality at the same time and that such is of benefit to the City and the State of
Texas.
SECTION 11. That if any section, subsection, paragraph, sentence, clause
phrase or word in this ordinance is held invalid by any court of competent jurisdiction,
such holding shall not affect the validity of the remaining portions of this ordinance,
and the City Council for the City of Denton, Texas hereby declares that it would have
enacted such remaining portions despite any such invalidity.
SECTION 12. That 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.
EXECUTED on the ~)~/~ day of
ATTEST:
J~iFER'~(VALTERS, Q.I~I*Y SECRETARY
CIIaY OF DENTON
,200 ¢
APPROVED AS TO LEGAL FORM:
C~ii~I~UTEN~,OCNITY A~NEY
CONTRACT FOR SERVICES
FOR PRESIDING MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this day of ~
,f . z :]
~00
, by and between the C~ty of Denton, Texas, a Municipal Corporation of the
State of Texas, hereinafter referred to as "City", and ROBIN A. RAMSAY, hereinafter
referred to as "Presiding Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of ROBIN A. RAMSAY (hereinafter referred to
as "Presiding Judge") for an Term of Appointment of two (2) years, beginning
on the 1st day of January, 2004, and continuing through midnight, December 31st,
2006. Thereafter, said Term of Appointment shall be automatically renewed and
extended and said Presiding Judge shall be reappointed for successive terms of
two (2) years each unless either The City or thc Presiding Judge provides written
notice of intent that said appointment and contract shall not be renewed at least
thirty (30) days prior to the expiration of any such term of appointment. The City
of Denton therefore appoints and designates said Presiding Judge as a municipal
judge and magistrate for and under the laws of the State of Texas, with all the
powers, rights and duties of said appointment for a term of two (2) years as well
as all successive terms unless written notice of intent is given as provided herein.
The Presiding Judge shall comply with all requirements of law and must perform
all duties as required by law and comply with all the terms of this agreement. The
Presiding Judge shall comply with all conditions and restrictions as set forth for
municipal judges under all applicable state statutes and as required under thc
Texas Code of Judicial Conduct.
2. The City shall compensate Presiding Judge as follows:
(a)
COURT SESSIONS AND WORKDAY JAIL ARRAIGNMENTS,
OTHER DUTIES OF THE PRESIDING MUNICIPAL JUDGE,
OFFICE HOURS, COURT SESSION AND PREPARATION, IN-
HOUSE TRAINING, JUDICIAL STAFF MEETINGS, AND
MANDATORY JUDICIAL EDUCATION TRAINING - For the
performance of any services as a Municipal Court Judge (or as a Statutory
Magistrate) for the City of Denton while presiding over any official court
dockets or scheduled court sessions on any days other than duties as
magistrate for the purpose of jail arraignments on Saturdays, Sundays, or
Presiding Municipal Judges Contract for Services Page 1
designated City holidays as specifically defined and designated below, the
Presiding Judge shall be is entitled to receive a salary and other benefits as
set by the governing body of the city, subject to applicable provisions of
Chapter 30 of the Government Code, and shall be subject to evaluation
each year by the governing body of the City each year. The Presiding
Judge shall not be entitled to any other compensation fxom the City, other
than that as set forth below for weekend and holiday jail magistrations.
(b)
WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - The
Presiding Judge may perform magisterial duties as he deems necessary
and appropriate in his capaaity as judicial administrator, for and in the
City of Denton Municipal Jail or other designated detention or holding
facility for city prisoners on both (a) officially designated City of Denton
Holidays as designated by official city calendar, and (b) on Weekends
(being defmed as Saturday and Sundays). When performed on such
weekends and holidays only, the Presiding Judge shall be compensated at
a per diem rate of $165.00 per day as previously established under City
policy. The Presiding Judge shall, on any suer designated weekends and
holidays, perform all judicial and magisterial funetiuns necessary for the
timely magistration and processing of prisoners held under the authority of
the City of Denton Police Department, whether at City of Deuton facilities
or at such other facilities with which the City may contract, and whether
such would require one or multiple appearances on the same day of any
such weekends or holidays.
3. The Presiding Judge and City agree as follows:
The Presiding Judge agrees to render services at the aforementioned
compensation terms. Payment will be processed and paid in accordance with the
City's payroll schedule.
The Presiding Judge shall devote as much time as necessary to perform the duties of
the office as required by Chapter 30 of the Texas Government Code.
The Presiding Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Presiding Judge must ma'mta'm
membership and licensure with the State Bar of Texas. City agrees to pay all
membership fees or dues on an annual basis as required by such membership or
licensure, as well as all professional dues and subscriptions pertinent thereto. The
Presiding Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
Presiding Municipal Judges Contract for Services Page 2
The Presiding Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Presiding Judge shall not take on
representation of a client adverse to the City of Denton. The Presiding Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness in such capacity.
During the duration of this Contract, the Presiding Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Presiding Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges and agrees that it may be
necessary for the Presiding Judge to make use of the City's local phone system,
computer, printer, copier, and fax machine, or the like. While this use of City
property is authorized, the Presiding Judge must provide reimbursement to the
City for any actual costs involved in these and other uses of City property.
The City further acknowledges that the Presiding Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
of the office of municipal judge for the City of Denton. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Presiding Judge from office during their term of office
pursuant to and in accordance with the requirement of §30.000085 of the Texas
Government Code, or its successor, as same may hereafter be amended.
The Presiding Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Presiding Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Presiding Judge. The Presiding Judge further
Presiding Municipal Judges Contract for Services Page 3
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be heretmto affixed and attested
by its City Secretary, and the Presiding Judge has hereunto set his hand and seal the day
and year first above written.
PRESIDING JUDGE: CITY OF DENTON, TEXAS
ATTEST: ~ '
JI~N:I~E I~VAL ~ gR~,-C~ TY-S ~C RE T ARY
CI, YY OF DENTON
APPROVED AS TO LEGAL FORM:
I~ERB/PROUTY, cITY~T~--"~
CITY OF DENTON ~//
Presiding Municipal Judges Contract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this c~/f/~ day of (x~ff~,
200 , by and between the City of Denton, Texas, a Municipal Corporation o~the
State of Texas, hereinafter referred to as "City", and GREGORY L. BERTRAND,
hereinafter referred to as "Assistant Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of GREGORY L. BERTRAND (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistant Judge shall be
reappointed for successive terms of two (2) years each unless either The City or
the Assistant Judge provides written notice of intent that said appointment and
contract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistant Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appointment for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requirements of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as rcqnired under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistant Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of Denton while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for Denton Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistant Municipal Judges Contract for Services Page 1
required for the completion of any paper work, document preparation, or
warrant execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c)
WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in the City of Denton
Municipal Jail or other designated detention or holding facility on either
(a) officially designated City of Denton Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistant Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistant Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistration and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d)
IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e) MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistant Judge agrees as follows:
The Assistant Judge agrees to render services at the aforementioned compensation
terms. The Assistant Judge is responsible for maintaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Payment will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistant Municipal Judges Contract for Services Page 2
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a chent in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a wimess or may be summoned to
appear as a wil~ess.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial fimctions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of Denton. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistant Judge from office during their term of office
pursuant to and in accordance with the requirement of §30.000085 of the Texas
Government Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instnunent signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be heretmto affixed and attested
by its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the
day and year first above written.
ASSISTANT~L~(//~/
ATTEST:
CITY OF DENTON, TEX~f"~
F DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY A~t~RNEY
CITY OF DENTON '~
Assistant Municipal Judges Contract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
~- ~_
200 ~ , by and between the City of Denton, Texas, a Municipal Corporation of'the
State of Texas, hereinafter referred to as "City", and JUDITItA LEE BERTRAND,
hereinafter referred to as "Assistant Judge".
WlTNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of JUDITHA LEE BERTRAND (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistant Judge shall be
reappointed for successive terms of two (2) years each unless either The City or
the Assistant Judge provides written notice of intent that said appointment and
contract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistant Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appointment for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requirements of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistant Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of Denton while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for Denton Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b)
OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistant Municipal Judges Contract for Services Page 1
required for the completion of any paper work, document preparation, or
warrant execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c)
WEEKEND AND HOLIDAY JAil, MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in the City of Denton
Municipal Jail or other designated detention or holding facility on either
(a) officially designated City of Denton Holidays as designated by official
city calendar, and Co) on Weekends (being defined as Saturday and
Sundays), the Assistant Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistant Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistration and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e) MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistant Judge agrees as follows:
The Assistant Judge agrees to render services at the aforementioned compensation
terms. The Assistant Judge is responsible for maintaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such fane
records shall be submitted to the Municipal Judge or the Judicial Coord'mator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Payment will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistant Municipal Judges Contract for Services Page 2
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintim a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of mtmicipal judge for the City of Denton. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistant Judge from office during their term of office
pursuant to and in accordance with the requirement of §30.000085 of the Texas
Government Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
ATTEST:
CITY OF DENTON, TEXAS
JE FER' w TERS, CITY SE~.ETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ~w_~rORNEY
CITY OF DENTON
Assistant Municipal Judges Contract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this ~f~/~ day of ~L/.~z2A..(/~,
~ of ~he
200
~ , by ~d be~een ~e Ci~ of Denton, Texas, a Mmcipal Co~oration
State of Text, hereina~er refe~ed to as "Ci~", ~d ~E~Y CAGEY
McCOY, here~a~er refe~ed to as "Assistant Judge".
~TNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for thc services of KIMBERLY CAWLEY McCARY (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistant Judge shall be
reappointed for successive terms of two (2) years each unless either The City or
thc Assistant Judge provides written notice of intent that said appointment and
contract shall not bc renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistant Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appointment for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requirements of law and must perform all duties as required by
law and comply with all thc terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistant Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of Denton while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for Denton Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistant Municipal Judges Contract for Services Page 1
required for the completion of any paper work, document preparafion, or
warrant execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c)
WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presid'mg Judge within his or
her sole discretion, to perform magisterial duties in the City of Denton
Municipal Jail or other designated detention or holding facility on either
(a) officially designated City of Denton Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistant Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistant Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistrafion and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d)
IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e)
MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistant Judge agrees as follows:
The Assistant Judge agrees to render services at the aforementioned compensation
terms. The Assistant Judge is responsible for maintaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Payment will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistant Municipal Judges Contract for Services Page 2
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial fimctions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of Denton. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistant Judge fi:om office during their term of office
pursuant to and in accordance with the requirement of §30.000085 of the Texas
Government Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
CITY OF DENTON, TEXAS
KIMBERLY CAWLEY McCARY OR
(~&ATTEST: -~' ,~-~ [D~ I~
JEN~FER W~LTERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
CITY OF DENTON
Assistant Municipal Judges Contract for Services Page 4
CONTILatCT FOR SER¥ICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this d/9/t~ day
!
F
//
200 Zlt , by and between the City of Denton, Texas, a Municipal Corporation o{the
State of Texas, hereinafter referred to as "City", and EARLEAN COBBIN MURPHY,
hereinafter referred to as "Assistant Judge".
WITNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for thc services of EARLEAN COBBIN M1JRPHY (hereinafter
referred to as "Assistant Judge") for an TERlVI of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT
shall be automatically renewed and extended and said Assistant Judge shall bc
reappointed for successive terms of two (2) years each unless either The City or
the Assistant Judge provides written notice of intent that said appointment and
contract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. Thc City of Denton therefore appoints and
designates said Assistant Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appointment for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requirements of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistant Judge as follows:
(a) COURT SESSIONS AND WO~AY JAIL 1VIAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of Denton while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for Denton Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistant Municipal Judges Contract for Services Page 1
required for the completion of any paper work, document preparation, or
warrant execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in the City of Denton
Municipal Jail or other designated detention or holding facility on either
(a) officially designated City of Denton Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistant Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistant Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial functions
necessary for the timely magistration and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e)
MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (1) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistant Judge agrees as follows:
The Assistant Judge agrees to render services at the aforementioned compensation
terms. The Assistant Judge is responsible for maintaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Payment will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistant Municipal Judges Contract for Services Page 2
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice·
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a chent in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of Denton. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistant Judge from office during their term of office.
pursuant to and in accordance with the requirement of §30.000085 of the Texas
Government Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
E EAN CO BiN atan, /
ATTEST:
JE~ ~J~iERS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY A~RNEY
CITY OF DENTON
CITY OF DENTON, TEXAS
By: ~YOR
Assistant Municipal Judges Contract for Services Page 4
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT, is made and entered into this ~ day of~,/%''
,!
200 t/ , by and between the City of Denton, Texas, a Municipal CorPoration o[~ the
State of Texas, hereinafter referred to as "City", and ANN STEPHENS POSTON,
hereinafter referred to as "Assistant Judge".
WlTNESSETH:
The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of ANN STEPHENS POSTON (hereinafter
referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two
(2) years, beginning on the 1st day of January, 2003, and continuing through
midnight, December 31st, 2005. Thereafter, said TERM of APPOiNTMENT
shall be automatically renewed and extended and said Assistant Judge shall be
reappointed for successive terms of two (2) years each unless either The City or
thc Assistant Judge provides written notice of intent that said appointment and
contract shall not be renewed at least Thirty (30) days prior to the expiration of
any such term of appointment. The City of Denton therefore appoints and
designates said Assistant Judge as a municipal judge and magistrate for and under
the laws of the State of Texas, with all the powers, rights and duties of said
appointment for a term of Two (2) years as well as all successive terms unless
written notice of intent is given as provided herein. The Assistant Judge shall
comply with all requirements of law and must perform all duties as required by
law and comply with all the terms of this agreement. Conditions and restrictions
as set forth for municipal judges as set forth under all applicable state statutes and
as required under the Texas Code of Judicial Conduct.
2. The City shall compensate Assistant Judge as follows:
(a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS -
For the performance of any services as a municipal court judge (or as a
statutory magistrate) for the City of Denton while presiding over any
official court dockets or scheduled court sessions as assigned and directed
by the Presiding Judge for Denton Municipal Court or scheduled through
the municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $30.00 per hour, with all portions of time over
thirty (30) minutes billed as one (1) full hour. Travel time to and from the
Court shall not be included as billable time.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION - In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the Presiding Judge or
scheduled through the municipal court coordinator, any office hours as
Assistant Municipal Judges Contract for Services Page 1
required for the completion of any paper work, document preparation, or
warrant execution shall be billed at $30.00 per hour, with time over thirty
(30) minutes billed as one (1) hour. Travel time to and from the Court
shall not be included as billable time.
(c)
W3EEKEND AND HOLIDAY JAIL MAGISTRATIONS - When
specifically assigned or designated by the Presiding Judge within his or
her sole discretion, to perform magisterial duties in thc City of Denton
Municipal Jail or other designated detention or holding facility on either
(a) officially designated City of Denton Holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturday and
Sundays), the Assistant Judge shall be compensated at a per diem rate of
$165.00 per day. The Assistant Judge shall, on any such designated
weekends and holidays, perform all judicial and magisterial fimcfions
necessary for the timely magistratinn and processing of city held
prisoners, whether such would require one of multiple appearances on the
same day of any such weekends or holidays.
(d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in attendance at in-house judicial training or
mandatory judicial staff meetings as called by the presiding Judge, and
such time shall be billed at $30.00 per hour with time over thirty (30)
minutes billed as one (1) hour. Travel time to and from the meeting place
shall not be included as billable time.
(e)
MANDATORY JUDICIAL EDUCATION TRAINING - The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in actual attendance at mandatory judicial training as
required by state law and such time shall be billed at $30.00 per hour with
time over thirty (30) minutes billed as one (I) hour. The City shall
reimburse or pre-pay the travel, meals and registration costs, in accordance
with the City's Travel Reimbursement Policy, incurred by the Assistant
Judge in attending the annual mandatory twelve (12) hour judicial
education course established by the Texas Municipal Courts Education
Center.
3. The Assistant Judge agrees as follows:
The Assistant Judge agrees to render services at the aforementioned compensation
terms. The Assistant Judge is responsible for maintaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Payment will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated compensation will be
provided.
Assistant Municipal Judges Contract for Services Page 2
The Assistant Judge will receive docket assignments and work schedules within
the sole discretion of the Municipal Judge or his designee. The Assistant Judge
shall have no set work hours, assigned dockets or duties other than as directed by
the Presiding Municipal Judge or designee. The Assistant Judge is given no
assurances as to minimum hours, work assignments or specific dockets and
understands that all such work assignments are subject to change to accommodate
the needs of the Court. The Assistant Judge shall be available to perform and
shall perform if directed, the duties of the position, subject only to reasonable
notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership
fees or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good stand'rog and
that all fees and mandatory continuing education requirements have been met at
the time of this appointment.
The Assistant Judge shall not take on representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on
representation of a client adverse to the City of Denton. The Assistant Judge shall
not represent a client in a case where an employee of the City of Denton, in his/her
capacity as an employee of the City of Denton is a witness or may be summoned to
appear as a witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30
of the Texas Government Code, Subchapter FF, and all other applicable laws
pertaining to the operation of the Denton Municipal Court of Record, and his
duties as a Magistrate. In the event of a conflict between the terms of this
Contract and said Code, Charter, Statutes and laws, the terms of said Code,
Charter, Statues and laws shall govern.
The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City acknowledges that it may be necessary for the
Assistant Judge to make use of the City's local phone system, computer, printer,
copier, and fax machine, or the like. While this use of City property is authorized,
the Assistant Judge must provide reimbursement to the City for any actual costs
involved in these and other permitted uses of City property.
The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3
of the office of municipal judge for the City of Denton. The City therefore
FINDS that the performance of such duties or holding of any other such office is
of benefit to the state of Texas and there is no conflict with the duties of this
office.
The City may remove the Assistant Judge from office during their term of office
pursuant to and in accordance with the requirement of {}30.000085 of the Texas
Government Code, or its successor, as same may hereafter be amended.
9. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or
contracts either written or oral. This Contract may be amended only by written
instrument signed by both the City and the Assistant Judge. The Assistant Judge further
states that they have carefully read the foregoing Contract, and understands the contents
thereof, and signs the same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its
name by Euline Brock, Mayor, and its corporate seal to be hereunto affixed and attested
by its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the
day and year first above written.
ASSISTANT JUDGE:
ANN STEPHENS POSTON
ATTEST:
JEN~IFE~ W~TI~I~S, eisar SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY A~lrORNEY
CITY OF DENTON '-~
Assistant Municipal Judges Contract for Services Page 4