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(a) Terms for all judges, whether for two or four years, shall end on December 31st of the appropriate year. In case of the resignation, removal, or death of any judge prior to the normal expiration of his or her term, the presiding judge is authorized to make temporary appointments not to exceed one year. At the end of the term of any such temporary appointment, the position thereafter shall be filled pursuant to the procedure set forth in subsection (c) of this section. If the remaining unexpired term is longer than one year, the selection procedures set out in subsection (c) of this section shall be followed to fill the remainder of the term. If the selection procedure is used as described in subsection (c) of this section for an initial appointment, regardless of the length of the remaining term, the appointed judge shall be subject to reappointment by those procedures governing the reappointment of a judge to a consecutive term, e.g., subdivision II of this division. The term of any municipal judge shall not expire or otherwise end unless and until a successor has been properly appointed and qualified and sworn in. All otherwise lawful official acts of any municipal judge whose successor has not been appointed, qualified and sworn in shall be valid and shall not be subject to direct or collateral attack on the grounds that the municipal court judge's term has expired or otherwise ended. The salaries and benefits accruing to the municipal judges shall be established by the council on an annual basis. Except as otherwise provided in subsection (e) of this section, the presiding judge and all other municipal judges may be removed during their respective terms by the city council only for cause pursuant to the City Charter, this Code, and C.R.S. § 13-10-105(2).

(b) No later than the first Monday in October of the final year of the term of any judge of the municipal court, the affected judge shall inform the city council and the presiding judge of the municipal court of whether or not the judge desires to be considered by the city council for appointment to another term on the bench of the municipal court. The presiding judge of the municipal court shall inform only the city council of whether or not he or she desires to be considered for appointment to another term. If the affected judge fails to so inform the city council in accordance with this subsection, it shall be presumed by the city council and by the presiding judge that the judge desires to be considered for appointment to another term on the bench of the municipal court.

(c) For the permanent appointment of an individual as full-time, or part-time judge on the bench of the municipal court, which position has not been held by such individual immediately prior to such appointment, the presiding judge shall submit to city council and to the city clerk a list of all nominees for the vacant position, which nominees shall be not less than two for each such position. The city clerk shall then cause the list of nominees to be published in at least two newspapers whose general circulation includes the City no later than 15 days prior to the making of the judicial appointment by the city council. Any person or organization may submit to city council confidential recommendations and endorsements regarding any nominee prior to the making of the judicial appointment by city counsel. No anonymous recommendations or comments shall be considered.

(d) The city council retains the sole discretion to appoint, reappoint, or remove municipal court judges.

(e) Whenever a full-time municipal judge is appointed by the city council, the first two years of service shall be considered probationary in nature. This probationary period shall continue for the entire two-year period from date of original appointment, even if the judge is reappointed within the probationary period. At any time during the probationary period, city council may, at its discretion, determine that the judge is unsuitable for permanent retention and may discharge the municipal court judge, with or without cause.

(f) For the initial appointment of an individual as a relief judge on the bench of the municipal court the presiding judge shall submit to city council a list of all nominees. The city council shall then approve or disapprove, in whole or in part, those nominees for initial appointment as relief judges on the municipal court bench. (Code 1979, § 25-44; Ord. No. 2022-29, § 1, 6-6-2022; Ord. No. 2005-42, §§ 1, 2, 7-11-2005; Ord. No. 2005-12, § 78, 4-11-2005)