Is Rice on him like WIA on Corpus Christi?

Councilman: Rank was let go for performance

By Jaime Powell (Contact)
Originally published 12:00 a.m., July 31, 2007
Updated 03:36 a.m., July 31, 2007
Rank had served on the municipal bench for nearly four years.
Rank had served on the municipal bench for nearly four years.





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Last week's ouster of Municipal Court Judge John Rank by the City Council was performance based, according to Councilman John Marez, the chairman of the city's municipal court committee.

Rank, 67, had been on the city's municipal bench for nearly four years when the court committee voted 5-3 to not reappoint him.

Council members Mike McCutchon, Bill Kelly and Melody Cooper voted to keep Rank. Councilwoman Nelda Martinez abstained.

Marez said Rank's termination was not tied to one major issue and was based on his performance during the past two years and on interviews with people Rank dealt with in his job.

"It would be for me, his style, his courtroom demeanor," Marez said. "And then his ability to be part of a larger team of judges. I don't feel he fit the mold of what we were looking for anymore."

Rank said Monday he was not aware of any complaints against him and had hoped for a third two-year term on the bench.

"I thought there were people who disagreed with my approach to enforcing the law and to not giving unlimited continuances or unlimited opportunities to meet their responsibilities," Rank said. "As a judge almost all of the time, somebody leaves the court unhappy. Either the prosecutor because you didn't convict them or the defendant because you did."

Rank cannot appeal the council's decision because he is hired at will. Rank said he is considering retirement.

As the city's environmental judge, Rank was responsible for hearing city ordinance violations, including solid-waste infractions such as junked cars and dilapidated buildings. He also heard animal violations such as dogs running loose or vicious animals, and electric code, fire code and water violations, among other issues, Rank said.

Rank also was responsible for some magistrate duties at the jail and filling in as needed in the main municipal court, said presiding Municipal Court Judge Rodolfo Tamez.

Marez said the decision had nothing to do with an October 2005 incident in which Rank was overheard saying, "I don't know if the person was stupid, on drugs or Hispanic" to a marshal when discussing a woman over whose case he had presided.

Because of the racially insensitive remark, Tamez on March 21, 2006, gave Rank an official reprimand, which was placed in Rank's permanent personnel file, according to city documents.

Rank said Monday he was unsure whether the incident played a part in his loss of the judgeship.

Tamez said part-time judges are available to cover Rank's duties until the municipal court committee finds a replacement.

Marez said the committee may appoint one of the part-time judges to the spot or open it up to members of the local bar association. The appointment is for two years, and full-time judges make approximately $66,000, Marez said. Part-time judges get a prorated salary based on their schedules.

Contact Powell at 886-3716 or powellj@caller.com