Edinburg Council Settles On Associate Municipal Judge Ordinance

By Arnoldo Mata

The Edinburg City Council voted this week to approve an ordinance that would allow them to appoint associate municipal judges to alleviate the burden on the lone elected municipal judge. However, the Council did not appoint any one to the positions at this week’s meeting.

During the discussion, Council Member Daniel “Dan” Diaz did reveal that there was at least one person being considered. However, he did not publicly name that individual.

The question of appointing temporary judges, as the city charter currently allows, has been tossed around several times this year. The new ordinance had been discussed in October, as was a proposed charter amendment that was removed for the list of proposed charter amendments that went up for citizen votes during last month’s general elections.

At this week’s meeting, newly appointed City Attorney Josephine Ramirez Solis explained that Texas law authorizes the City to create associate judges and temporary judges for the City’s municipal court. The state law allows the City to do so either by charter or by ordinance. 

She added that the existing city ordinance authorizes the City Council to appoint temporary judges who may act when the elected municipal court judge is not available. The City’s current ordinance requires that the City Council appoint only temporary judges who are nominated by the elected municipal judge. Currently, there are no temporary judges for the municipal court.

Under the new ordinance, the City Council is not specifically required to follow the elected municipal judge’s recommendation.

The city attorney also explained that temporary judges are hired only when the city attorney is not available. This includes justices of the peace and municipal judges from other cities. However, they are not directly hired by the elected judge or the City Council. There was no discussion of how that happens. 

With the new ordinance, the City Council could appoint associate justices who would be able to work even when the elected municipal judge is on duty.

There were some questions from Council members about how that would work.

Ramirez-Solis explained that, in neighboring cities with associate judges, the elected judge runs the docket (hears cases) while the associate judge handles arraignments and similar activities.

“The elected judge would be the presiding judge,” Ramirez Solis explained.

Council Member David Salazar Jr. added, “I do want the judge to make recommendations at some point, then we decide.”

Diaz concurred, adding, “I feel the same. I don’t ever tell any head of any department who to pick. I know this ordinance gives Council the authority to pick without getting the judges input on that.”

The City Attorney explained that the language of the ordinance could be modified to include the judge’s recommendation.

Council member David White asked about the extent of the associate judge’s authority. “For example, if a citizen comes to court before the temporary judge, can the temporary judge hear anything about the ticket they got from the police or code enforcement?”

“They would have the authority to act on the (presiding) judge’s behalf, but ultimately, the authority to act would be on the elected judge,” the City Attorney explained.

According to White, the reason to make the change by adding an associate judge “is to have somebody there who could take of the whole court.”

“They would have the authority to do that,” Ramirez Solis said of the associate judge.

There was also a discussion of the vetting process for nominees for the position, including that they be residents of the city and be an attorney.

Ramirez Solis explained that the recently approved charter amendments require that the elected city judge be a resident of the city and be an attorney. The new ordinance would require that associate judges meet the same qualifications as the elected judge. Additionally, she recommended that anyone seeking the appointment would be required to fill out an application like the one that all candidates for elected city positions are required to fill out. This includes residency and affirming that they are a licensed attorney.

White also questioned whether there would an opportunity for a city resident to challenge the residency or other qualifications in the same way they can for any candidate for an elected position. He also asked how or where that challenge would be filed.

“That’s an interesting question that I would probably have to look at, whether that challenge would be here or at the state level,” the City Attorney responded.

The Council approved the ordinance as presented, without any changes, on a 3-2 vote with Mayor Ramiro Garza Jr. and Diaz voting against it.

The applicable section of the new ordinance reads as follows: 

“(A) The municipal court is headed by the elected municipal court judge.

(B) Associate Municipal Judges.

(1) The City Council may appoint one or more associate municipal judges who may

hold concurrent or continuous sessions as the elected municipal judge either day

or night.

(2) Associate municipal judges shall meet the same qualifications as the elected

municipal court judge.

(3) Each associate municipal judge may exercise municipal court jurisdiction and has

concurrent jurisdiction with the other associate municipal judges and the elected

municipal court judge, except that the elected municipal court judge is the

presiding judge of the municipal court.

(4) An associate municipal judge may be removed from office at any time by the City

Council for any reason.

(5) Associate municipal judges may receive such compensation as may be provided

for and approved by the City Council.”