If a city adopts a judge by ordinance and the mayor ceases to be ex officio municipal judge, can the mayor act as judge if the position becomes vacant?

If a city adopts a judge by ordinance and the mayor ceases to be ex officio municipal judge, can the mayor act as judge if the position becomes vacant?

• A. Yes.
• B. No.
• C. Only with approval of the city council.
• D. Only if there is temporary vacancy.

Answer: (B)

The key idea is that the mayor’s authority to act as the municipal judge comes from holding the ex officio role. If the mayor ceases to be ex officio municipal judge, that authority disappears. Even if the judge’s position becomes vacant, the mayor cannot automatically step in as judge simply because there’s a vacancy. Filling that vacancy must follow the proper process under the city charter and state law—typically appointing or electing a new municipal judge or designating a temporary judge (pro tem) through the appropriate authority. So the mayor cannot act as judge in that situation, which is why the correct answer is No.

The key idea is that the mayor’s authority to act as the municipal judge comes from holding the ex officio role. If the mayor ceases to be ex officio municipal judge, that authority disappears. Even if the judge’s position becomes vacant, the mayor cannot automatically step in as judge simply because there’s a vacancy. Filling that vacancy must follow the proper process under the city charter and state law—typically appointing or electing a new municipal judge or designating a temporary judge (pro tem) through the appropriate authority. So the mayor cannot act as judge in that situation, which is why the correct answer is No.