DIVISION 2. - JUDGE AND OTHER PERSONNEL

Sec. 14-47. - Judge.#

(a)

Appointment. The judge of the municipal court, empowered to administer the court and to adjudicate the traffic offense calendar, shall be appointed by the city council at its first regular meeting in January of each odd-numbered year.

(b)

Term. The municipal court judge shall serve for a period of two years, or until his successor shall be duly appointed and qualified, such term to commence at the first regular meeting of the city council in January of each odd-numbered year.

(c)

Qualifications. The judge of the municipal court shall be a practicing attorney with five years of experience and be admitted to practice law in the state by the state supreme court.

(d)

Residence. Preference will be given to city residents in the appointment of the municipal court judge.

(Code 1994, § 14-2; Ord. of 8-3-1988, art. I, § 2; Ord. of 1-6-1993(2), art. I, § 2; Ord. of 4-12-2021(2), § 1; Ord. of 2-10-2025(1), § 1)

Sec. 14-48. - Clerk and associate judge.#

(a)

The municipal court shall have a clerk for its traffic offense calendar as well as its housing calendar.

(b)

The clerk(s) of the court shall keep a regular docket of all cases disposed of; shall record the judgments, orders, and sentences of the court; and shall charge the same fees as are by law allowed to clerks of the superior court. The clerk's office shall be open to the public during the hours established by city ordinance.

(c)

The city council shall authorize the mayor to provide the secretarial and administrative assistance necessary for the court to perform its duties and responsibilities.

(d)

The city council shall appoint the municipal court associate judge, empowered to administer the court and to adjudicate the housing calendar, at the first regular meeting of the city council in January of each odd numbered year. The term of the associate judge shall run concurrently with that of the municipal court judge. The associate judge of the municipal court shall be a practicing attorney with three years of experience and be admitted to practice law in the state by the state supreme court.

(e)

Preference for the position of municipal court clerk(s) and associate judge will be given to city residents.

(Code 1994, § 14-3; Ord. of 8-3-1988, art. II, § 2; Ord. of 9-12-1988, art. II, § 2; Ord. of 5-12-2008(1), § 14-3; Ord. of 4-12-2021(2), § 1; Ord. of 2-10-2025(1), § 1)

Sec. 14-49. - Acting judge.#

(a)

In case of the sickness, absence from the city or other disability or ineligibility of the judge of the municipal court to serve and in the absence of an associate judge it is hereby declared that the probate judge shall perform the duties of said judge during the sickness, absence or other inability or ineligibility of the municipal court judge.

(b)

In the event that the probate judge is not available, the council may appoint any member of the bar of the state with at least five years' legal experience for the time that the probate judge is not available.

(c)

The acts of the acting judge in the performance of said duties shall have the same effect as if performed by the municipal court judge.

(Code 1994, § 14-15; Ord. of 4-27-2001; Ord. of 4-12-2021(2), § 1)

Sec. 14-50. - Judge emeritus.#

(a)

The city council may appoint a judge emeritus of the municipal court who shall be authorized to serve as judge of the municipal court in order to mentor and assist with the transition of a newly appointed municipal court judge, or to serve in the case of the sickness, absence from the city, or other disability or ineligibility of a judge of the municipal court. When serving in such capacity, the judge emeritus of the municipal court shall exercise the same jurisdiction, power, and authority as the judge of the municipal court.

(b)

A judge emeritus of the municipal court shall be vested with the same authority as an active judge of this municipality for the purpose of performing marriage ceremonies.

(c)

The term of the judge emeritus shall run concurrently with that of the municipal court judge, unless and until the council resolves that the judge emeritus is no longer necessary for the proper functioning of the municipal court.

(Ord. of 5-13-2019(1), § 2; Ord. of 4-12-2021(2), § 1)