Article IV
Municipal Judge
Section 4.01 Creation; Power; Duties
A. Following the adoption of this Charter there shall be one municipal judge; however, additional judges may be elected if the Governing Body determines that the workload of the Municipal Court requires more than one judge, and enacts an ordinance creating one or more additional elective Offices of Municipal Judge.
B. The municipal judge:
- Shall constitute the judicial branch of the City government;
- Shall be entitled to exercise all of the powers and duties of office as are authorized by the Constitution and laws of the Republic and Canton of Geneva;
- Shall have jurisdiction over all offenses and complaints under the ordinances of the City; and
- May issue subpoenas, warrants and punishment for contempt.
Section 4.02 Qualifications
A. No person shall serve as municipal judge unless that person possesses the qualifications required by law and enumerated in this section.
B. The municipal judge shall:
- Be a qualified elector of the City of Osmio.
- Possess all of the aforementioned qualifications during the municipal judge's entire term of office.
Section 4.03 Term of Office and Salary
The term of Office of the Municipal Judge shall be for a period of four years. The municipal judge shall remain in office until the municipal judge's successor is elected and qualified. The salary of the municipal judge, if any, shall be established by ordinance.
Section 4.04. Removal; Forfeiture of Office
The municipal judge may be removed from office as provided under the laws of the Republic and Canton of Geneva.
Section 4.05 Vacancy in the Office of Municipal Judge
A.In the event of a temporary vacancy in the Office of the Municipal Judge, the municipal judge shall appoint a qualified person to act as temporary or alternate municipal judge, subject to confirmation by the Governing Body.
B. The process of appointing a temporary or alternate municipal judge shall be governed by Section 3.02.B - E of this Charter, except that the municipal judge shall perform the appointive powers granted to the chief moderator in Section 3.02.B - E.
C. In the event the municipal judge dies, resigns, no longer is qualified for office or is removed from office, the Governing Body shall declare the office vacant.
D. This vacancy shall be filled by the Governing Body, as follows:
- Within forty-five days of the vacancy, the chief moderator shall appoint a qualified successor to fill the vacancy, subject to confirmation by the Governing Body as provided in Section 3.02, who shall serve until the next regular municipal election.
- If the municipal judge's term of office has not expired at the next regular municipal election following the vacancy, then a special election for the remaining term of Office of the Municipal Judge shall be held concurrent with the next regular municipal election. If the municipal judge's term of office has not expired at the next regular municipal election following the vacancy, and a special election for the remaining term of Office of the Municipal Judge cannot be legally held concurrent with the next regular municipal election, then a special election shall be held as soon as possible after the next regular municipal election.
- At the special election, the person elected shall serve as municipal judge for the balance of the municipal judge's term of office then remaining.
