Item B: Judicial Evaluation Committee Report

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Judicial Evaluation Committee Report Meeting Date: May 22, 2006 Agenda Item Number: B Department: Central Services – Municipal Court Staff Contact: Marilyn Nelson www.eugene-or.gov Contact Telephone Number: 682-5580 ISSUE STATEMENT This work session item is an opportunity for the council to review and accept the report submitted by the 2006 Judicial Evaluation Committee as part of the formal evaluation of Presiding Municipal Judge Wayne Allen. Eugene Code 2.011(10) requires a formal citizen review of the Presiding Judge’s performance in the last year of the judge’s four-year term. BACKGROUND Presiding Municipal Judge Wayne Allen was appointed by the council in 1994, and is in the fourth year of his current four-year term. The last formal evaluation was conducted in 2002, at which time the council reappointed Judge Allen and directed City staff to renew his contract for another four-year term. On January 23, 2006, the council appointed the members of the 2006 Judicial Evaluation Committee. RELATED CITY POLICIES Municipal Court has concurrent jurisdiction with Lane County Circuit Court for violations and misdemeanor crimes in Oregon statute and in Eugene City Code, including all traffic offenses. Municipal Court has sole jurisdiction over all parking offenses which violate City Code. Municipal judges have the authority to adjudicate cases, impose fines and other sanctions, issue warrants, summon jurors and perform all other judicial functions, according to Oregon statute governing justice courts, Eugene Charter and Eugene City Code. The judges are part-time independent contractors, not employees of the City. The Presiding Judge is appointed by City Council. Eugene Code sections 2.011(9) and (10) govern appointment and evaluation of the presiding municipal judge. In the fourth year of the judge’s term, a formal evaluation by an ad hoc citizen advisory committee and public hearing are required. The advisory committee is required to be at least five members, with at least one member of the Human Rights Commission, two attorneys familiar with municipal court, and two other persons generally familiar with the judicial system. On January 23, 2006, the City Council appointed the following individuals as members of the 2006 Judicial Evaluation Committee to conduct the formal evaluation: 1. Mary Ann Bearden: Judge in Lane County Circuit Court 2. Don Diment: Local defense attorney with considerable experience in municipal court 3. Greg Hazarabedian: Executive Director of Public Defender Services of Lane County L:\CMO\2006 Council Agendas\M060522\S060522B.doc