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HomeMy WebLinkAboutOrdinance 1795 - Appoint Judge LuceroCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Stites COUNCIL BILL NO. 10 ORDINANCE NO. 1795 Series of 2024 TITLE: AN ORDINANCE APPOINTING MUNICIPAL COURT JUDGE JONATHAN LUCERO AND APPROVING A MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and as authorized by the charter the Council has provided for a municipal court and judge; and WHEREAS, the current Presiding Municipal Judge Christopher Randall has resigned from this position; and WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two years; and WHEREAS, the City Council held interviews of applicants to fill this municipal court judge position; and WHEREAS, the Council wishes to appoint Jonathan Lucero as Presiding Municipal Court Judge and approve a Municipal Judge Services Agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Jonathan Lucero is hereby appointed as municipal court judge to serve a term of two years, expiring on July 1, 2026, at which time the Council shall consider reappointment. The Judge’s compensation shall be $110.00 per hour. The terms and conditions of the Judge’s employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2024, attached hereto as Exhibit A and incorporated herein by this reference. Section 2. Severability: Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 10th day of June 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for June 24, 2024, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 24th day of June 2024. SIGNED by the Mayor on this 27th day of June 2024. Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: June 11, 2024 Second Publication: June 25, 2024 Jeffco Transcript Effective Date: June 24, 2024 Exhibit A Municipal Judge Services Agreement Agreement [attached] CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2024 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and JONATHAN M. LUCERO, (“Presiding Judge”), together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: ARTICLE 1 – SERVICES The Presiding Municipal Judge works with the Court Administrator and Court Staff in a professional and courteous manner to establish and maintain processes and procedures to ensure efficient and legally defensible courtroom practices. The Presiding Judge will participate in implementation of various City programs as they relate to Municipal Court. The Presiding Judge will demonstrate impeccable character, integrity, reputation, judgment, experience, and efficiency. Judicial functions include, but may not be limited to: A. Ensure the presence of a municipal judge at all Court cases, by either presiding over such cases personally or by arranging for relief or associate Judges. B. Interpret and apply the law, make legal rulings, and ensure that the proceedings are conducted fairly and according to established legal procedures. C. Make legal decisions based on the facts presented and applicable laws. Adjudicate cases by listening to evidence, determining the guilt or innocence of the accused, and in case of guilt impose appropriate penalties. D. Interpret and apply the law to specific cases. Ensure that legal principals are correctly understood and followed. E. Uphold the principles of due process, ensuring that all parties involved in a case are treated fairly and have the opportunity to present their case. F. Adopt rules and regulations to conduct the business of the Court. G. Appoint referees or administrative hearing officers. ARTICLE 2 – QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications: A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and B. Resident within 40 miles of the Wheat Ridge Municipal Court.