To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Karla McCrimmon, Court Administrator
Kristin Read, Assistant Town Manager
Title
Discussion/Direction: Process to Appoint New Municipal Judge
Body
________________________________________________________________________________
Executive Summary
Municipal Judge Lou Gresh has announced his retirement, effective January 1, 2025. The purpose of this memo is to outline a process Town Council may wish to consider in appointing a judge for the balance of Gresh’s term, which expires January 2, 2026, as prescribed by Town Code Section 2.20.020 (Attachment A). The Town Council makes the sole decision to hire or contract a Municipal Judge.
Town Council has appointed an Assistant Judge and Substitute Judges, who will preside over Municipal Court hearings until Council appoints a new Presiding Judge. The Municipal Court holds hearings twice monthly, on the second and fourth Wednesdays of the month, with the Judge’s workload presently at about 16 hours per month. The expectation is that the new Municipal Judge would follow this schedule.
Discussion
The Town has not had a new Municipal Judge since 1987, when Judge Gresh took office. Therefore, there is little precedent in what process Town Council should use to fill the vacancy being created by Judge Gresh’s retirement.
The resolution appointing Gresh acknowledges that the Town Council at the time had assistance of the Douglas/Elbert County Bar Association in that process. At least once since Gresh’s appointment, the Town has published a request for proposals from qualified individuals seeking to be the Town’s Municipal Judge, according to local newspaper coverage.
In examining the Career Opportunities posted on the Colorado Municipal Judges Association’s website, it appears requests from proposals are presently the most common method for soliciting applications from those seeking to be a municipal judge in Colorado. Therefore, staff recommends that the Town publish, with Council’s concurrence, a request for proposals (RFP) for a new Municipal Judge. Staff has attached recent municipal judge RFPs from other jurisdictions to this memo for Council’s reference (Attachment B).
Staff recommends Council form a selection committee, consisting of one or two Councilmembers - respective of open meeting requirements - and potentially these other members, to bring diverse perspectives while maintaining a fair and objective process:
• staff from the Municipal Court, the Town Manager’s Office and the Town Attorney
• a Public Safety Commission member
• a retired judge or a judge or from another jurisdiction who is not applying
One of the first tasks of the selection committee will be to review a draft RFP. Staff recommends that the committee gather stakeholder feedback to identify the qualities and attributes most desired in the Town’s new Municipal Judge. The requirements to be Municipal Judge are in Section 5-2 of the Town Charter: “Every municipal court judge shall throughout the term of office be an attorney-at-law admitted to practice law in the State of Colorado, and shall have a minimum of five years’ experience in the active practice of law at the time of appointment.”
Once the RFP has been published and applications received, staff recommends that the selection committee review applications, conduct interviews and present a recommended finalist for Town Council to consider for appointment as Municipal Judge. This work can be expected to take the committee up to a few months to complete.
In addition to serving as Municipal Judge, Gresh also serves as the Hearing Officer for the Town’s Liquor Licensing Authority. Town staff will be bringing forth a code amendment that would allow him to continue serving in this capacity if he so wishes.
Budget Impact
The budget impact of this transition will not be known until Council appoints a new Municipal Judge. Judge Gresh is presently paid $33,236 annually to fulfill his duties, obligations and responsibilities as presiding Municipal Judge.
Staff Recommendation
Staff recommends that Council appoint one or two Councilmembers to lead the selection committee for the Town’s new Municipal Judge as outlined within this memo. Those appointed would then have discretion to finalize the committee, approve the RFP, conduct interviews and present a recommended finalist for Council’s consideration, as outlined in this memo.
Proposed Motion
“I move to appoint _________ to lead the selection committee for the Town’s new Municipal Judge.”
Attachments
Attachment A: Town Code Section 2.20.020
Attachment B: Other Municipalities’ RFPs for Municipal Judge