HomeMy WebLinkAboutOrdinance No. 20138ORDINANCE NU. 20138
AN ORDINANCE CONCERNING MUNICIPAL COURT
JUDGES, AND AMENDING SECTIONS 2.011 AND 2.773 OF
THE EUGENE CODE,1971,
T:EIE CITY OF EUGENE DUES ORDAIN AS FOLLU'~VS:
Section 1. Section 2.011 of the Eugene Code, 1971, is amended to provide;
I
2.011 ~ - ,,,,gip ~ ,.. Nlunicinal Judge
_.
~V Ou11c1 A ointment of ,. , _~~,.,,.,,.,,_
~ 1 } The presiding municipal judge shall be appointed in the manner provided in
this section.
~a} Prior to appointing the presiding municipal judge, the council shall
cause contracts} for the position to be prepared and advertised, and solicit
applications for the position. The council shall review the applications, and by
majority vote determine which of the applicants shall be referred to a screening
committee nominated by the mayor and appointed by the council for interview. The
screening committee shall be composed of one person from each of the following:
the University of Oregon law school faculty; the Lane County public defender's
office; the Lane County district attorney's office; the city's department of public
safety; the city's human rights commission; the roster of local state or federal judges;
and the city's municipal court staff. At the time of referral, the council shall indicate
to the screening committee the number of finalists to be referred for consideration by
the council. The screening committee shall interview the applicants and refer the
finalists to the council. The council shall select the presiding municipal judge from
among those finalists.
fib} Notwithstanding the provisions of subparagraph ~a}, the council may
re-appoint the incumbent presiding municipal court judge without f rst undertaking
any of the actions specified in subparagraph ~a}.
~2} The performance of the presiding municipal judge shall be evaluated:
~a} Through an informal self evaluation submitted to the council
annually;
fib} Through an informal evaluation submitted to the council every two
years; and
~c} Through a formal evaluation, conducted every four years by an
evaluation committee.
The informal evaluation shall consist of a completed self evaluation form, together with evaluation
forms completed by representatives of the department of public safety, the city prosecutor's office,
and the public defender's office. The formal evaluation process shall include a public hearing.
Members of the evaluation committee shall be nominated by the mayor and appointed by the
council. The committee shall be composed of not less than five persons, including at least one
member of the human rights commission, two attorneys familiar with the municipal court, and two
other persons generally familiar with the judicial system. The evaluation report shall be submitted
to and accepted by the council. The salary of the presiding municipal judge shall be reviewed as part
Ordinance ~ 1
of the city's budget process, and a written recommendation of the proposed rate shall be submitted
to the council.
Section 2. Section 2.773 of the Eugene Code, 1971, is amended to provide:
2.773 Munici al Court - Presidin Munici al Jud e: ualificatians and Term of office.
~ l } Except as provided in this section the presiding municipal judge shall be
appointed by the council for a term of four years. The presiding municipal judge shall be an
independent contractor, and not an officer ar employee of the city, and shall be an active member
of the Oregon State Bar with at least five years experience as a practicing attorney. The presiding
municipal judge shall be a resident of or maintain a principal office within the city.
~2} Should the position of presiding municipal judge became vacant for whatever
cause, the council shall appoint an acting presiding municipal judge from among the assistant
municipal judges then serving in municipal court to serve until such time as a qualified successor
is selected to complete the unexpired portion of the term of appointment. The successor to be
selected as provided in subsection ~l} of section 2.41 l of this chapter.
~3} Notwithstanding the provisions of subsection ~l} of this section, the position
of presiding municipal judge is vacant when the person filling the position:
~a} resigns, dies or is incapacitated;
fib} ceases to be an active member in good standing of the Oregon State
Bar;
~c} ceases to be a resident of or maintain a principal office within the city;
or
~d} is removed by action of the council, with or without cause, upon 3~
days written notice.
A notice given under subsection ~d} of this section may require the immediate cessation of services
as presiding municipal judge upon the payment of 3~ days severance pay, or, in the alternative, the
council may provide that the removal becomes effective upon the expiration of the 30 days.
Section 3. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
Passed by the City Council this
7th day of December,1998
a~
City Recor er
Approved by the Mayor this
7th day of December,1998
i~
Mayor
ordinance - 2