Background

Section 29.004, Tex. Gov’t Code provides that judges and alternate judges of a municipal court in a home-rule city are selected under the municipality’s home-rule charter relating to the election or appointment of judges.

Section 4.06 of the City’s home rule Charter provides that the City Council shall appoint a municipal court judge and one or more associate judges to serve when the presiding judge is unavailable or unable to serve. Further, the presiding judge and associate judges serve two-year terms.

The City has six associate judges appointed by the City Council to fill in when Judge Landin is unavailable or after hours. Upon appointment by the City Council, associate judges must take an oath of office administered by certain officials.

Associate Judges

• Jennifer Chiang
• James Gascoyne
• Nancy Lusk
• Shawn McDonald
• Erum Jivani
• James Connelly

Term of Office

Section 29.005, Tex. Gov’t Code provides that the municipal court judge serves for a term of office of two years unless the municipality provides for a longer term pursuant to Article XI, Section 11, Tex. Const. If not appointed by the 91st day following the expiration of a term of office, absent action by Council, the associate judge shall continue to serve for another term of office beginning on the date the previous term expires.

The associate judges are currently serving a two-year term of office that expires September 30, 2024, for which they receive $75 per hour. This hourly rate has been in place since 2018.

Contracts and Funding

For the contract term beginning on October 1, 2023, through September 30, 2024 (as well as two-year renewal terms thereafter), the hourly rate is $100 per hour. Each Associate Judge is responsible for obtaining the annual training that is required under the contract.

The average number of hours worked by the Associate Judges over the last five years is 435 hours per year. Municipal Court has $52,500 budgeted for Associate Judge services, which accommodates up to 525 hours of total services for the Associate Judges.

Recommendation

The proposed contracts were reviewed with the Council Compensation Committee, and the Committee supports the proposed changes.

City Council appoints the municipal court judges; therefore, the contracts by which the judges serve must be approved by the Council. The Associate Judges policy directs that the Municipal Court Judge shall bring forward the contracts to the Compensation Committee and City Council when revisions need to be made.

The City’s Charter provides for a two-year term. Contracts are with each individual and specify the hourly rate to be paid for services. 

Judge Landin recommends City Council approval of the six contracts for Associate Judge services.