Chapter 2.20
MUNICIPAL JUDGES*
Sections:
2.20.010 Appointment resolution.
2.20.060 Standards of conduct and performance.
2.20.070 Supervision – Removal.
* Code reviser’s note: See also Chapter 2.18 SHMC.
2.20.010 Appointment resolution.
In order to appoint any municipal court judge as the judicial officer of the city under Chapter V, Section 21, of the Charter of the city of St. Helens, the council shall enact a resolution naming the appointee, the effective date of the appointee, and stating terms and conditions of employment. Municipal court judges shall have all the charter and statutory powers of judicial officers and city judges. (Ord. 3276 § 2 (Att. A), 2022; Ord. 2383 § 1, 1982)
2.20.020 Pro tempore judges.
There may be more than one municipal court judge appointed for the same term. One or more municipal judges pro tempore may be appointed by resolution to act in the absence of an appointed municipal court judge.
(1) Pro tempore judges shall have all the charter and statutory powers of judicial officers and city judges.
(2) Pro tempore judges shall be appointed for whatever term and at whatever compensation designated by the council. (Ord. 3276 § 2 (Att. A), 2022; Ord. 2383 § 2, 1982)
2.20.030 Administration.
The municipal court judge so designated shall conduct court for the transaction of judicial business and administer the court calendar. (Ord. 3276 § 2 (Att. A), 2022; Ord. 2383 § 3, 1982)
2.20.040 Salary.
The salary of the municipal court judge shall be established pursuant to the personal services agreement agreed upon by the municipal court judge and city council. Municipal court judge and pro tem compensation is not determined based upon fluctuations in municipal court revenue. (Ord. 3276 § 2 (Att. A), 2022; Ord. 2947 § 2, 2005)
2.20.050 Term of office.
The municipal court judge term of office shall be determined by the agreed contract terms that are agreed between the municipal court judge and city council. (Ord. 3276 § 2 (Att. A), 2022; Ord. 2947 § 3, 2005)
2.20.060 Standards of conduct and performance.
The city of St. Helens municipal court judge shall conduct themselves in accordance with all of the applicable rules of the Government Standards and Practices Commission and applicable rules in the Oregon Code of Judicial Conduct. (Ord. 3276 § 2 (Att. A), 2022; Ord. 2947 § 4, 2005)
2.20.070 Supervision – Removal.
Pursuant to City Charter no appointed official may supervise the judge’s performance; accordingly, the city council alone may take action to remove a judge for misconduct in office or willful violation of applicable rules or standards of conduct; however, the council may refer said complaint or investigation to the Oregon State Bar for appropriate investigation or action, and the council may, in its sole discretion, appoint a hearing examiner, investigator or citizen board to conduct a hearing or investigation and make recommendations to the council regarding the judge’s conduct or performance. A judge shall not be removed during their term of office except if the judge ceases to be qualified for office, e.g., no longer an active member of the Oregon State Bar, or except for misconduct or violation of applicable rules or standards of conduct. Notwithstanding the above, the council may, without cause, remove the sitting municipal court judge upon payment of a severance in accordance with the terms of the personal services agreement. (Ord. 3276 § 2 (Att. A), 2022; Ord. 2947 § 5, 2005)
2.20.080 Complaints.
No complaint concerning the municipal court judge shall be accepted or considered by the council unless the complainant has submitted such complaint in writing and verified the truthfulness of the allegations and facts asserted in the complaint. The council may summarily dismiss the complaint if it is determined to be unfounded or refer the matter to the appropriate agency for a hearing. (Ord. 3276 § 2 (Att. A), 2022; Ord. 2947 § 6, 2005)