R-97-09-11-10L - 9/11/1997R:\ WPDOCS \RHSOLUTI \RS70911L.UPD /[lb
RESOLUTION NO. R- 97- 09- 11 -10L
WHEREAS, the charter of the City of Round Rock, Texas
( "City ") establishes a Municipal Court in the City to exercise they,
powers and duties possessed by municipal courts in the State of
Texas; and
WHEREAS, Section 4.03 of the City Charter, City of Round
Rock, Texas, authorizes the City Council to appoint a licensed and
practicing attorney to serve as the Municipal Court Judge for the
City; and
WHEREAS, Dan R. McNery, a licensed and practicing attorney
in the State of Texas, presently serves as the Municipal Court
Judge for the City; and
WHEREAS,pursuant to the Code of Judicial Conduct, Judge Dan
R. McNery has recused himself from hearing Cause Nos. 8550 -96,
8551 -96, and 8552 -96 currently pending in the Round Rock Municipal
Court; and
WHEREAS, section 29.007(g) of the Texas Government Code and
Section 4.03(e) of the City Charter authorize the City Council to
appoint a temporary judge to serve if the regular judge is
temporarily unable to act; and
WHEREAS, the City Council desires to appoint Kevin Madison,
a licensed and practicing attorney in the State of Texas, to serve
as the Temporary Municipal Court Judge for Cause Nos. 8550 -96,
8551 -96, and 8552 -96; Now Therefore
TEXAS:
ATTEST:
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That Kevin Madison, a licensed and practicing attorney in the
State of Texas, is hereby appointed to serve as the Temporary
Municipal Court Judge for Cause Nos. 8550 -96, 8551 -96, and 8552 -96,
and Judge Kevin Madison may exercise the powers and duties as
authorized by applicable law.
RESOLVED this 11th day of September, 1997.
JOANNE LAND, City Secretary
I.
CHARLES C `�•:.' Mayor
City of R.und Rock, Texas
AUG. -28' 97 (THU) 20:06
EDUCATION:
WBW, P. C.
University of Texas
Graduated Cum Laude B.A. Psychology (1977)
University of Texas System Police Academy
Commissioned Peace Officer (1977)
University of Houston Bates School of Law
Doctor of Jurisprudence (1981)
Kevin R. Madison
1609 Shoal Creek Boulevard, Suite #300
Austin, Texas 78701
(512) 708-1650
(512) 708 -1500 Telecopicr
College of the State Bar of Texas
Graduate of College of State Bar of Texas
Exceeding minimum continuing legal education requirements of State Bar (1987 -1996)
Texas Municipal Courts Training Center
12 hour course for Municipal Judges (1991 -1997)
CURRENT EMPLOYMENT AND LICENSES HELD:
'1'EL:512708150U Y. UU2
ATTORNEY AT LAW
Private law practice concentrating in Personal Injury, Tort Law, and Crime Victim Law (since 1986)
PRESIDING MUNICIPAL JUDGE
Presiding Municipal Judge for the City of Cedar Park (1984, 1990 - current date)
MEDIATOR/QUALIFIED DISPUTE RESOLUTION IMPARTIAL 3 PARTY
Qualified to serve as an impartial 3r party mediator under Section 154.052, Texas Alternative
Dispute Resolution Act, Texas Civil Statutes
EMERGENCY MEDICAL TECHNICIAN (EMT -B)
State certificate #70806-43897
Issued: April 25, 1997
FORMER EMPLOYMENT:
CHIEF OF POLICE
CITY OF SMITHVILLE 1984 to 1986
ASSISTANT DISTRICT ATTORNEY
Travis County District Attorney's Office 1982 to 1983
Poga 1
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HEARINGS EXAMINER/ADMINISTRATIVE JUDGE
Texas Youth Commission 1982
DEPUTY SHERIFF
Travis County Sheriffs Office 1981 to 1982
SEMINARS/LECTURES TAUGHT:
1993 Texas Municipal Courts Training Center (El Paso)
"Legal Issues for Low - Volume Courts"
1993 Texas Municipal Courts Training Center (Austin)
"Probable Cause Affidavits and Complaints"
1993 Texas Municipal Courts Education Center
"Indigence and Judicial Liability"
(San Antonio, Dallas)
1994 Texas Municipal Courts Education Center
"Indigence and Judicial Liability"
(Dallas, Tyler, 5. Padre Island, Houston)
1993 Texas Municipal Courts Training Center (Corpus Christi)
"Jury Charges and Jury Trials"
"Magistration of Juveniles"
"Problem Solving for Courts"
1993 Texas Municipal Courts Training Center (Houston)
"Jury Charges and Trials"
1993 Travis County Bar Association (Austin)
"Traffic Violations and Other Misdemeanors in Municipal Court"
1993 Texas Municipal Courts Education Center (Corpus Christi)
"Judicial Liability"
1994 Texas Municipal Courts Education Center
"U.C.C. and Related Pleadings (Problem Defendants)"
(San Antonio)
1995 Texas Municipal Courts Education Center
"U.C.C. and Problem Defendants" (Austin)
"Indigence and Judicial Liability" (S. Padre Island)
"Setting Bonds" (College Station)
1996 Texas Municipal Courts Education Center
Mock Trial -Jury Trial Training for New Judges (Austin)
Setting Bonds (Austin, S. Padre Island)
1, YUV
AUG, -28' 97ITHUI 20:07 •
1996
1996
1997
1997
State Bar College Annual Meeting
Avoiding Advertising Traps/New Advertising Rules of SBOT
Travis County Bar Association
"Red Flags and Warnings; Minimizing Risks of Grievances"
Texas Municipal Courts Education Center
Common Law Courts (San Antonio, S. Padre Island))
Travis County Bar Association
Minimizing the Risks of Grievances
ILL:512 /U8I5U0 P. 004
LEGAL ARTICLES/PUBLICATTONS;
"Liability for Acts of Third Parties," Premises Liability: Preparation and Trial of a Difficult Case in
Texas. (Publisher: National Business Institute, 1995. Authors: Kevin R. Madison and Chris Carver)).
"Criminal Court Procedures in Justice and Municipal Courts"
(State Bar Journal - December, 1994)
"Minimizing Judicial Liability"
(1994 Municipal Court Recorder: Texas Municipal Judges)
(The Gavel & The Badae Mavazine: Texas Justice of the Peace Association)
"Minimizing Judicial Liability When Defendants Request To "Lay Out" Fines"
(1994 Municipal Court Recorder. Texas Municipal Judges)
"Using Civil Remedies For Collection of Municipal Court Judgments"
(1994 Municipal Court Recorder: Texas Municipal Judges)
"The New Municipal Court Building Security Fund"
(1995 and 1996 Municipal Court Recorder: Texas Municipal Judges)
"Impoundment of Motor Vehicles of Uninsured Defendants"
(August, 1996 Municipal Court Recorder: Texas Municipal Judges)
CURRENT ACTIVITIES AND COMMUNITY INVOLVEMENT
PRESIDENT, TEXAS MUNICIPAL COURTS ASSOCIATION (1996/1997)
MEMBER, STATE BAR OF TEXAS DISTRICT 9 -A GRIEVANCE COMMITTEE
AUSTIN LAWYERS CARE/VOLUNTEER LEGAL SERVICES FOR CENTRAL TEXAS AWARD
FOR PRO -BONO WORK (1991, 1992, 1993, 1994, 1995)
AUG. -2$' 97 (THU) 2U:U7
wow. P. �.
'I'LL:512111815UU P. 005
PRO -BONO COLLEGE OF THE STATE BAR OF TEXAS FOR MORE THAN 75 HOURS PRO -
BONO WORK FOR INDIGENT CLIENTS IN ONE YEAR (1992 - 1996)
FREQUENT GUEST LECTURER TEXAS MUNICIPAL COURT EDUCATION CENTER
VOLUNTEER READER FOR K -UT RADIO (AUSTIN P.B.S.) "SOUNDSIGHT" PROGRAM FOR
VISUALLY IMPAIRED LISTENERS.
PAST ACTIVITIES. ACHIEVEMENTS. AND COMMUNITY INVOLVEMENT
DISTRICT 9 UNAUTHORIZED PRACTICE OF LAW COMMITTEE MEMBER (1993, 1994, 1995)
STATE BAR OF TEXAS "LAWYER ADVERTISING REVIEW COMMITTEE" MEMBER (1995,
1996)
MEMBER BOARD OF DIRECTORS CENTRAL TEXAS CHAPTER OF AMERICAN CIVIL
LIBERTIES UNION (1992 -1995)
TEXAS SUPREME COURT APPOINTEE ON CITIZEN'S COMMISSION TO STUDY THE TEXAS
JUDICIARY (1992, 1993)
"ADVANCED PEACE OFFICER" CERTIFICATION FROM TEXAS COMMISSION ON LAW
ENFORCEMENT OFFICER STANDARDS AND EDUCATION (T.C.L.E.O.S.E.)
AMERICAN BAR ASSOCIATION AWARD OF ACHIEVEMENT FOR WORK ON COMMITTEE
FOR "CHILD ABUSE/RUNAWAY" PUBLIC SERVICE (1986)
CO- CHAIRMAN, TEXAS YOUNG LAWYERS FAMILY LAW COMMITTEE ON CHILD ABUSE
TWO YEAR TERM- 1984/85 THROUGH 1985/86)
FORMER CHAIRMAN, TEXAS YOUNG LAWYERS COMMITTEE ON BATTERED WOMEN
(THREE YEAR TERM 1986 -1989)
FORMER BOARD MEMBER OF BASTROP COUNTY BATTERED WOMEN'S SHELTER & RAPE
CRISIS CENTER (1985/1986)
To: Joanne Land
From: Tracie Glaeser
ROUND ROCK MUNICIPAL COURT
221 EAST MAIN STREET, ROOM 105
ROUND ROCK, TX 78664
TELEPHONE: (512) 218 -5480 FAX: (512) 218 -7079
August 29, 1997
On August 18, 1997, Judge McNery had to recuse himself from hearing the State of Texas
v. Thomas Randall because McNery and Voelker have been previously involved in
litigation with the accused. The charge is a violation of a city ordinance and will involve
an administrative hearing which is currently set for late September.
For the case to be heard, a visiting Judge (licensed attorney) would have to be appointed
specifically for these two (2) cases. We recommend Cedar Park Municipal Court Judge,
Kevin Madison. Judge Madison is a licensed attorney in Austin, President of Texas
Municipal Courts Association and Speaker for the Texas Municipal Court Training
Center. Judge Madison has a great deal of experience in Municipal Court and I feel that
he will be the best substitute for Judge McNery. I have attached his resume for your
review.
Please let me know if I can be of further assistance in this matter.
er
DATE: September 5,1997
SUBJECT: City Council Meeting - September 11, 1997
ITEM: 10.L. Consider a resolution appointing an Ad Hoc Municipal Judge for a
specific trial scheduled for the end of September.
STAFF RESOURCE PERSON: Joanne Land
STAFF RECOMMENDATION:
To: Joanne Land
From: Tracie Glaeser
On August 18, 1997, Judge McNery had to recuse himself from hearing the State of Texas
v. Thomas Randall-because McNery and Voelker have been previously involved in
litigation with the accused. The charge is a violation of a city ordinance and will involve
an administrative hearing which is currently set for late September.
For the case to be heard, a visiting Judge (licensed attorney) would have to be appointed
specifically for these two (2) cases. We recommend Cedar Park Municipal Court Judge,
Kevin Madison. Judge Madison is a licensed attorney in Austin, President of Texas
Municipal Courts Association and Speaker for the Texas Municipal Court Training
Center. Judge Madison has a great deal of experience in Municipal Court and I feel that
he will be the best substitute for Judge McNery. I have attached his resume for your
review.
Please let me know if I can be of further assistance in this matter.
ROUND ROCK MUNICIPAL COURT
221 EAST MAIN STREET. ROOM 105
ROUND ROCK. TX 78664
TELEPHONE: (512) 218 -5480 FAX: (512) 218 -7079
August 29, 1997