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HomeMy WebLinkAbout1974-08 Regarding the Municipal Court and Extending the Term of the Presiding Judgew RESOLUTION N0. $ Series of 1974 A RESOLUTION REGARDING THE MUNICIPAL COURT AND EXTENDING THE TERM OP THE PRESIDING JUDGE WHEREAS, the Municipal Court of the Town of Vail, Colorado, hereinafter referred to as the Town", was created by Section 7.2 of the Charter,which became effective on the 12th day of September, 1972; WHEREAS, Title II, Chapter 7, of the Tawn Code of Vail, which took effect on the lst day of May, 1973, established the Municipal Court as a "qualified municipal court of record" pursuant to the provisions of Chapter 37, Article 22, of Colorado Revised Statutes 1963, as amended; WHEREAS, a "qualified municipal court of record" must keep a verbatim record of the proceedings and evidence at trials by either electric devices or stenographic means and require as a qualification for the office of the pre- siding judge that he shall be currently licensed to practice law in the State of Colorado; WHEREAS, Roland Gerard was judge of the Municipal Court, as it term of two years by the Board of T through a resolution adopted an the prior to the effective dates of the Code; appointed as presiding then existed,. for a rustees of the Town 18th day of April, 1972, Charter and the Town WHEREAS, Section 14.5 of the Charter provided for the continuation in office of all appointive officers and all employees of the Town for their respective terms as though they had been appointed or employed in the manner indicated in the Charter, thereby extending the previous appointment of Roland Gerard through the 19th day of April, 1974; WHEREAS, Roland Gerard is the presiding judge of the County Court of the County of Eagle, State of Colorado, but is not admitted to the practice of law in the State of Colorado; WHEREAS, the Municipal Court of the Town could not commence to function as a "qualified municipal court of record" upon the effective date of the Town Code on the 1st day of May, 1973, since the presiding judge was not a licensed attorney at law, such that the operation of the court as a court o~,r~.coxd Was deferred by the Town Council to the 20th day of April 1974, the day following the expiration of the term of the current presiding judge; and WHEREAS, the Town Council considers that Roland Gerard has served as the presiding judge of the Municipal Court in a satisfactory manner throughout his tenure and the council has been unable to find a licensed Colorado attorney to succeed the current judge; NOW, THEREFORE, BE 1T RESOLVED BY THE TOWN CO[INC~L OF TI3E TOWN OF VAIL, COLORADO, A5 FOLLOWS: Section 1. Title. This resolution sha11 be ]mown as "Resolution Regarding Municipal Court and Judge". Section 2. Deferment of operation of Municipal. Court as court of record. The operation of the Municipal Cburt~of the Town of Vail, Colorado, as a "qualified municipal. court of record" shall be deferred to the 1st day of January, 1.975, and in the interim said court will continue to function as a "municipal. court" pursuant to the provisions of Chapter' 37- Article 22, of Colorado Revised Statutes 1963, as amended. Section 3. Extension of Current term of judge. The current term of office of Roland Gerard, presiding judge of the Municipal. Court, is extended on the existing provisions with the consent of the judge from the 19th day of April, 1974, through the 31st day of December, 1974. Section 4. Regular sessions of court. Tn accordance with Section 2-7-3, Town Code of Vaal, the Municipal Court will conduct regular sessions each Wednesday not a holiday at 1:30 P.M. in the Municipal Building of the Town of Vail, Colorado, except for good cause; any proceeding scheduled on a Wednesday which is a legal holiday recognized by the Town shall be automatically continued to the next secular Wednesday; and for good cause the presiding judge may cancel a regular session of court, giving written notice thereof to the Clerk of the Municipal Court, who shall endeavor to so notify interested parties and counsel of the continuation of proceedings affected thereby to a rescheduled date so as to avoid inconvenience to them. sought. Section 5. Successor for current judge shall be Prior to the 31st day of December, 1974, and regardless of continued satisfactory service on the part of Roland Gerard, current judge of the Municipal Court, the Town Council shall seek a licensed Colorado attorney who as qualified and walling to serve as the presiding judge of the court. Section 6. Effective date. This resolution shall take effect upon the passage hereof. INTRODUCED, READ, APPROVED, AND EI~CTED, this grid day of April, 1974. „ ~ , ATTEST: r Town Clete s. - ~ ~ CERTyFSCITE Or DZ5P05ITIQ1 OF Fta:.~QLU^IOLI IT IS FiLREE`.~ CERTII'IED pursuant to t:'~e Charter of the Tov;n o~ Vai1, Colorado, Article IV, Section 4.6, that Resolution o. ~ Series of 1374, to the original of rrahich this, certificate is affix>eci, was duly ado~tad by the Town Council at its regular meeting an the ~(.~ day cf ~~J ' 1974, its adoption was authenticated by the si~n*tures o the i~tayor and the To~•.n Clerk, and accordinc;ly on the date hereo- said resolution was duly recorded in the official records cf res- oJ.utions of t.ze Ta~•m of Vail, Coloradoll. DATES : Vail, Colorado, this /~j~./rU day- of ,19 74 . Toc~~n C1.~ G'