Loading...
HomeMy WebLinkAboutOrdinance No. 18928oRDZNANCE N0, AN ORDINANCE CONCERNING MUNICIPAL, COURT; ANIEND- Tr~G SECTIONS 2.411 AND 2.776 OF THE EUGENE CODE, 1971; ADDING A NEW SECTION 2.773 THERETO; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 2.Q11 of the Eugene Code, 1971, is hereby amended by repealing subsection ~d} of subsection ~ 8 ~ , renumbering and amending subsection ~c} thereof, and adding a new subsection ~l0} thereto, to provide: 2.11 City Council - Executive Sessions. {9} In appointing a municipal judge, the council shall request a preferential ballot to be taken by the Lane County Bar Association of all applicants for the position, the results of which shall be made public. From among the three applicants receiving the highest votes the council shall choose the can- didates for interview and selection as provided in subsection ~ 8 } of this section. ~10~ Prior to the expiration of the municipal judge's term in office, or from time to time as the council may direct, the mayor and president and vice-president of the council shall evaluate the performance of the municipal judge and recommend to the council whether he or she should be appointed to another term or if a new municipal judge should be selected, This evalu- ation shall be based on the fallowing criteria: the quality of reasoning in decisions, conscientiousness, legal knowledge and ability, neutrality and fairness, common sense and sound judgment, ability to make decisions, administrative ability including supervision of assistant municipal judges, coordi- nation with the court administrator, and establishment of judi- cial policies}, recognition of legislative priorities and intent, and other criteria designated by the council. ~a} Prior to conducting an evaluation the Mayor, president, and vice-president of the council shall direct the city manager ta: 1, Conduct a performance poll of Lane County Bar Association members who have appeared before the municipal court in the preceding year using the evaluation criteria established in this subsection. 2. Obtain comments regarding the function- ing of the court and the performance of the judges from city departments affected by municipal court Ordinance - 1 IB928 operations. These comments shall be reported in a manner that protects the anonymity of the com- ~nentor. 3. Solicit public comment from the general public and organizations interested in the crimi- nal justice system. 4. Using a random sample of jurors that served in municipal court during the preceding 12 months, solicit jurors evaluation, on the basis of the criteria established in this subsection, of the judges whose performance they observed. 5. Gather objective statistics on the per- formance of the municipal court such as, but not limited to: caseload, case-to-trial delays, case disposition rate, number of police officers schedul-~ ed on days off. ~. Prepare a salary survey using local mar- l~et data and other appropriate indicators. fib} ~Tith the information supplied by the city manager, the mayor, and the council president and vice- president shall discuss the performance of the munici- pal judge with him or her in an executive session as provided in subsection ~_2} ~c} of this section and there- after recommend to the council the re-appointment of the municipal judge for another term, with ar without conditions, or the selection of a new municipal judge as provided in subsection ~_9} of this section. The recommendation shah also include the proposed compen- sation for the position and may provide fvr future adjustments to the compensation during the term of appointment based on compensation adjustments made for other exempt employes or in professional service contracts. Section 2. There is hereby added to the Eugene Code, 1971, a new section to be numbered and provide: 2.773 Munici al Court - Munici al Judge: Term of Office. ~1} Except as provided in this section the municipal judge shall be appointed for a term of four years commencing July 1, 1985 and every four years thereafter or until a quali- fied successor is appointed. ~2} Should the position of municipal judge become vacant for whatever cause, the council shah, appoint an acting 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 sub- section ~9} of section 2.011 of this chapter. ~.3} Notwithstanding the provisions of subsection ~l} of this section, the position of municipal judge is vacant when Ordinance - 2 18928 the person filling the position: ~a~ resigns, dies or is incapacitated; fib} ceases to be an active member in good stand- ing of the Oregon State Bar; ~~c~ ceases to be a resident of the city; or ~d~ is removed by action of the council, with or without cause, upon 10 days written notice. Section 3. Section 2.??6 of the Eugene Code, 19?l, is hereby amended to provide: 2.7?6 Munici a1 Court - Assistant Judges: Appointment and Compensation. ~1} The municipal judge is hereby authori2ed to appoint assistant municipal judges, from active members of the Oregon State Bar Association, approved by that Association and in good standing, as he or she shall determine necessary from time to time to hold office and conduct sessions of the municipal court. ~.~2 ~ Upon recommendation of the municipal judge , the city manager shall determine the compensation to be paid any assistant judge so appointed. The total amount paid to all assistant judges shall nat. exceed existing budget allocations identified for that purpose unless otherwise approved by the city council. Section 4. That the provisions contained herein concern the public welfare and safety and therefore, an emergency is hereby de- Glared to exist, and this Ordinance shall become effective immediate- ly upon its passage by the City Council and approval by the Mayor. Passed by the City Council this day o f ~g~~,~~, 19 8 2 City Record Approved by the Mayor this _~~day of 1982 May r ., Orda~an.c.e - 3.