Ord 2428 - Municipal Judges Pro TemCOUNCIL BILL NO. 2695
ORDINANCE NO. 2428
AN ORDINANCE DELEGATING TO THE MUNICIPAL JUDGE THE AUTHORITY TO
APPOINT MUNICIPAL JUDGES PRO TEM SUBJECT TO THE PROCESS PROVIDED IN
THIS ORDINANCE.
WHEREAS, under the Woodburn City Charter ("the Charter"), the City Council is
vested with the authority to appoint the Woodburn Municipal Judge; and
WHEREAS, the Council has the further authority to appoint Municipal Judges pro
tem, as necessary, and to adopt procedures for their appointment; and
WHEREAS, the Council has considered this matter and has decided to delegate
its authority to the Municipal Judge for the appointment of Municipal Judges
pro tem, subject to the appointment process provided by the Council in this
Ordinance; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Consistent with the Charter and pursuant to this Ordinance,
one or more Municipal Judges pro tem may be appointed to serve when the
Municipal Judge is ill, disqualified or otherwise unavailable. Municipal Judges
pro tem, when acting in that capacity, shall have all the duties and powers of
the Municipal Judge.
Section 2. Municipal Judges pro tem shall be members in good standing
of the Oregon State Bar.
Section 3. Municipal Judges pro tem may be appointed by the
Municipal Judge, subject to the authority vested in the Council under the
Charter to hire and terminate judges of the Municipal Court and the discretion
of the Council to amend or repeal the procedures provided in this Ordinance.
The Municipal Judge may terminate any appointment to the position of
Municipal Judge pro tem, with or without cause. The Municipal Judge shall
within 30 days advise the Council of all appointments, resignations and
terminations of Municipal Judges pro tem. The Council retains its authority to
disapprove or terminate the appointment on a Municipal Judge pro tem, with
or without cause, but until the Council so acts, a Municipal Judge pro tem shall
have the power to serve after taking the oath of office prescribed in Section 28
of the Charter.
Page 1 - COUNCIL BILL NO. 2695
ORDINANCE NO. 2428
Section 4. Assignment of a Municipal Judge pro tem to serve in
particular matters or cases shall be made by the Municipal Judge. If the
Municipal Judge does not make an assignment, it may be made
administratively by the clerk of the Municipal Court in accordance with
directions or procedures previously established by the Municipal Judge.
Section 5. The City Council may by resolution establish the rate of any
compensation to be paid to Municipal Judges pro tem for services performed in
that capacity.
Section 6. Any action, decision or judgment made or taken by a
Municipal Judge pro tem prior to the effective date of this Ordinance is in all
respects ratified and confirmed, and shall remain effective and binding,
whether or not the Municipal Judge pro tem was appointed in accordance with
the standards set forth in this Ordinance.
Approved as to form
City Attorney
0
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: 11c
Mary Te ant City Recorder
City of Woodburn, Oregon
Page 2 — COUNCIL BILL NO. 2695
ORDINANCE NO. 2428
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January 16, 2008
January 16, 2008