Sec. 34-17Maximum term of appointed office for municipal court judge; service agreements

(a) No person shall be qualified or eligible to serve as a judge of the municipal court unless he or she shall be in compliance with the requirements of state law on qualifications to serve in such office, including but not limited to compliance with all applicable training requirements.

(b) All judges for the municipal court of the City of Ashburn shall be appointed by resolution of the city council that adopts or approves the service agreement with the judge. This service agreement shall include a term of service of no less than one year and no more than two years. The service agreement shall be approved by the city attorney as accurately describing the obligations of the judge and the independence of the court, and it shall identify obligations of the judge and of the city for oversight and management of court staff and court service providers. Unless the judge has been removed from office in the middle of the term as described below, the service agreement shall renew automatically for a subsequent term unless the city council, by resolution, appoints a successor judge to serve at the expiration of the then-current term.

(c) The judge, or any judge pro tempore serving in the absence of the judge, is solely responsible for judicial decisions. Judicial decisions include, but are not limited to, establishment of a standard bail schedule, determination of bail in individual cases, determination of financial ability, conditions of probation, determination of liability, and determination of eligibility for indigent defense and for alternatives to monetary penalties including community service and penalty or fine reductions.

(d) The judge is responsible for notifying the city manager and the city attorney of any resources or process changes that are required or appropriate in order for the court to operate in accordance with applicable law.

(e) The municipal court judge may engage in the private practice of law; provided, however, a judge may not appear and represent a client before the Ashburn Municipal Court.

(f) Before entering on duties of his or her office for the first time, an appointed judge shall take the following oath before an officer duly authorized to administer oaths in this state:

"I swear (or affirm) that I will faithfully and impartially and without fear, favor, or affection discharge my duties as judge of the Municipal Court for the City of Ashburn, and will take only my lawful compensation. I do further swear (or affirm) that I am not the holder of any unaccounted for public money due this State, or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia; and that I am otherwise qualified to hold said office, according to the Constitution and Laws of Georgia; and that I will support the Constitutions of the United States and of this state."

The oath shall be entered upon the minutes of the city council, and the judge's name, contact information for business correspondence, and term of office shall be provided to the administrative office of the courts.

(g) A judge of the municipal court shall serve for the designated term in the service agreement but may be removed from the position, and the service agreement terminated during the term, by a two-thirds vote of the entire membership of the city council or upon action taken by the state judicial qualifications commission for:

(1) Willful misconduct in office;

(2) Willful and persistent failure to perform duties;

(3) Habitual intemperance;

(4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or

(5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.

History: (Ord. No. 2018-03, § 1, 3-1-2018)