There is hereby created a municipal court in and for the city.
(1973 Code, sec. 17-1; 1991 Code,
sec. 18-1; 2007 Code, sec. 26-1)
The municipal court shall have jurisdiction within the city
with the power to hear and determine all cases of violation of this
code, the ordinances of the city, and all other cases of which municipal
courts are given jurisdiction by state law.
(1973 Code, sec. 17-2; 1991 Code,
sec. 18-2; 2007 Code, sec. 26-2)
The rules of practice and procedure as prescribed by state law
governing trials in municipal and justice courts shall govern the
procedure and practice of the municipal court. The city council may
prescribe such additional rules of practice and procedure as may not
be inconsistent with state law.
(1973 Code, sec. 17-3; 1991 Code,
sec. 18-3; 2007 Code, sec. 26-3)
(a) Generally.
There is created an office of judge of the
municipal court, who shall have all the power and authority as granted
by and shall perform the duties as required by state law, the city
charter and the city ordinances. The judge of the municipal court
shall be a magistrate and shall have all of the powers and authority
prescribed by state law, the charter and ordinances of the city as
such.
(b) Term; appointment.
The municipal court shall have a
two-year term beginning on the first day of September of each odd-numbered
year and extending through August 31st of the next following odd-numbered
year. The municipal court judge shall serve for the specific term,
or the unexpired portion thereof, of the municipal court. The municipal
court judge shall also serve after the expiration of their respective
term of office until their successor is appointed and shall have qualified;
provided, however, that any judge who is not reappointed or replaced
by the November 30th following the end of their term shall, absent
action by the council, continue to serve for another term of office.
The city manager shall appoint the municipal court judge and with
the approval of the city council.
(c) Temporary judges.
In the event of the temporary failure,
inability or refusal of the municipal court judge to act, a temporary
judge may be appointed by the city manager with the approval of the
city council. The temporary judge must have the same qualifications
as the municipal court judge and will have the same powers and duties
as that judge. The temporary judge shall serve in that capacity until
the municipal court judge returns or the current term of the municipal
court expires, whichever occurs first.
(d) Oath.
The municipal court judge, prior to taking office,
shall take the requisite oath of office required by the constitution
and state law.
(e) Vacancy in office.
In the event of a permanent vacancy
in the office of the municipal court judge, the city manager shall
appoint with approval of the city council an individual to fill said
vacancy for the remainder of the unexpired term of office only.
(Ordinance 16-780, sec. 1, adopted 5/31/16; 2007 Code, sec. 26-4)
The judge of the municipal court shall have the qualifications
provided by law for other city officials; he need not be a licensed
attorney.
(1973 Code, sec. 17-5; 1991 Code,
sec. 18-5; 2007 Code, sec. 26-5)
There shall be appointed by the city manager a clerk and such
deputy clerks of the municipal court as may be deemed necessary for
the proper, efficient operation of such court.
(1973 Code, sec. 17-7; 1991 Code,
sec. 18-6; 2007 Code, sec. 26-6)
The clerk, and deputy clerks, of the municipal court shall perform
all the duties and have all the powers bestowed upon clerks of municipal
courts by state law. Any clerk or deputy clerk so appointed may act
as the official clerk of the municipal court and perform all acts
incident to such office.
(1973 Code, sec. 17-8; 1991 Code,
sec. 18-7; 2007 Code, sec. 26-7)
Any defendant convicted of a misdemeanor in municipal court must pay a security fee in the amount set forth in the fee schedule in appendix
A of this code as a cost of court. The fee will be administered and used for the purposes authorized by Vernon’s Ann. C.C.P. article 102.017.
(1991 Code, sec. 18-8; Ordinance
04-590, sec. 1, adopted 4/22/04; 2007 Code, sec. 26-8)
(a) Established.
(1) There is hereby created and established a municipal court technology
fund, herein known as the fund, pursuant to Vernon’s Ann. C.C.P.
article 102.0172.
(2) The fund may be maintained in an interest-bearing account and may
be maintained in the general revenue account.
(b) Fee.
(1) The fee shall be in the amount set forth in the fee schedule in appendix
A of this code.
(2) The fee shall be assessed and collected from the defendant upon conviction
for a misdemeanor offense in the municipal court as a cost of court.
A defendant is considered convicted if:
(A) Judgment, sentence or both are imposed on the person;
(B) The person is placed on deferred disposition; or
(C) The court defers final disposition or imposition of the judgment
or sentence.
(3) The fee shall be collected on conviction for an offense committed
on or after November 21, 2005.
(4) The clerk of the court shall collect the fee and pay the fee to the
finance director of the city, who shall deposit the fee into the municipal
court technology fund.
(c) Designated use of fund; administration.
(1) The fund shall be used only for the purpose of financing the purchase
of or to maintain technology enhancements for the municipal court
of the city. Technology enhancements shall include any and all items
described in Vernon’s Ann. C.C.P. article 102.0172.
(2) The fund shall be administered by or under the direction of the city
council.
(1991 Code, sec. 18-8; Ordinance
06-614 adopted 11/10/05; 2007 Code, sec. 26-9; Ordinance adopting 2022 Code)