HomeMy WebLinkAboutORD1161ORDINANCE NO.1161
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING.THE APACHE JUNCTION CITY CODE,CHAPTER 5
MAGISTRATE COURT,ARTICLE 5 2 PRESIDING -OFFICER,SECTION 5-2-2
MAGISTRATE PRO-TEM AND ADDING A NEW_SECTION -524 OFFICE OF DEPUTY
CITY MAGISTRATE;REPEALING ANY CONFLICTING. PROVISIONS;PROVIDING FOR
SEVERABILITY;AND DECLARING AN EMERGENCY,„
WHEREAS,on June 11,2002,Arizona State Supreme Court Justice Charles Jones
filed correspondence with the Presiding Judge of Maricopa County Superior Court
Colin F.Campbell setting forth reorganization mandates;and
WHEREAS,one of the mandates includes prohibiting non -attorneys to perform as
judges pro -tern;and
WHEREAS.,on June 13,2002,Pinal County Presiding Judge William O'Neil ordered
all cities and towns in Pinal County to stop using non -attorneys as judges pro-
tem in their respective courts;and
WHEREAS,the Mayor and City Council may appoint non -attorneys as deputy city
magistrates;and
WHEREAS,to enable the Mayor and City Council to make these appointments,the
Apache Junction City Code needs to be amended accordingly.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
A.That the Apache Junction City Code,Chapter 5 Magistrate Court,Article 5-
2 Presiding Officer,Section 5-2-2 Magistrate Pro -Tern,be amended as
follows:
Section 5-2-2 Magistrate Pro -Tern
In the absence of the presiding magistrate,or in those instances where
the presiding magistrate has been disqualified by the action of the
prosecution,defendant,recusation on the part of the presiding magistrate
ORDINANCE NO.1161
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or other cause,then the presiding magistrate of the magistrate court may
assign such action to a deputy magistrate or secure the services of a
magistrate pro-tem to hear such action.Magistrates pro-tem shall be
appointed by administrative order of the presiding judge.Any magistrate
pro-tem shall be an active member of the State Bar of Arizona.
B.That the Apache Junction City Code Chapter 5 Magistrate Court,Article 5-2
Presiding Officer,be amended by adding a new section,5-2-4 Office of
Deputy City Magistrate to read as follows:
Section 5-2-4 Office of Deputy City Magistrate
The Office of Deputy City Magistrate is created.Within such office shall
be deputy city magistrates who shall be appointed in conformance with
State law by the City Council.The City Council may appoint more than one
deputy city magistrate to assure the continued operation of the magistrate
court in the absence of the Presiding City Magistrate,designating a first
and second deputy for the purposes of court administration.In the
absence of the presiding magistrate,the deputy city magistrate shall
perform the duties of the presiding magistrate in such manner.as the City
Council shall direct.Each deputy city magistrate shall be paid $600.00
per year plus such hourly rate customarily paid to those individuals
providing such services.
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance or any part of the code adopted herein by reference are hereby
repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section,subsection,sentence,phrase,clause or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any
court of .competent jurisdiction,such decision shall not affect the validity of
the remaining portions thereof.
SECTION IV DECLARING AN EMERGENCY
The immediate operation of the provisions of this. ordinance is necessary for the
immediate preservation of the public peace .health or safety of the City of
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Apache junction,and that an emergency is hereby declared to exist;immediate
passage is needed so that deputy city magistrates can act in the absence of the
presiding magistrate;and this ordinance shall be in full force and effect from
and after its passage,adoption and approval by the Mayor and City Council of the
City of Apache Junction,and is exempt from referendum provisions of the
Constitution and the laws of the State of Arizona as provided in A.R.S.S 19-
142(6).
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 18TH DAY OF JUNE ,2002.
SIGNED AND ATTESTED TO THIS 18TH DAY OF JUNE ,2002.
DOUGLAS COLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4 6(-%G-17-02.
RICHARD J.STERN
City Attorney
ORDINANCE NO.1161
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