The city council hereby establishes the municipal court as a
municipal court of record in order to provide a more efficient disposition
of cases arising in the city, and in order to more effectively enforce
the ordinances of the city. The municipal court shall become a court
of record from and after the effective date of this article, and shall
be known as “The Municipal Court of Record in the City of Hudson
Oaks.”
The municipal court of record has the jurisdiction provided
by chapter 30 of the Government Code for municipal courts of record.
This municipal court of record is established pursuant to the
authority granted in subchapter A, chapter 30, of the Government Code
of the State of Texas, known as the Uniform Municipal Courts of Record
Act, and the terms set forth therein are hereby adopted governing
the operation of said court.
The judge of the municipal court of record in the city shall
be appointed by the city council by ordinance for a term of two (2)
years. The municipal judge must be a licensed attorney in good standing
in the state, and must have two or more years of experience in the
practice of law in the state. The judge must be a citizen of the United
States and of the State of Texas. The city council shall establish
the salary of the judge, which shall not be based directly or indirectly
on fines or costs collected by the court. Such salary may not be diminished
during the term for which the judge is appointed.
If a vacancy occurs in the office of a municipal judge of a
court of record, the city council shall by ordinance appoint a qualified
person to fill the office for the remainder of the unexpired term.
The city council may appoint one or more qualified persons as an associate
judge to be available to serve for a municipal judge who is temporarily
absent due to illness, family death, continuing legal or judicial
education programs, or any other reason. The municipal judge shall
select one of the qualified persons appointed by the city council
to serve during the absence of the municipal judge. The associate
judge, while serving as a municipal judge, has all the powers and
shall discharge all the duties of a municipal judge. An associate
judge must meet the qualifications prescribed for the municipal judge.
The city council shall set the compensation for the associate judge.
The municipal judge shall supervise and control the operation
and clerical functions of the administrative department of the municipal
court, including the court’s personnel, during the proceedings
or docket of the court. At all other times, the operation and clerical
functions of the administrative department of the municipal court
shall be under the supervision and direction of the city administrator.
The city council may appoint one or more magistrates who need
not possess all the qualifications necessary to be a municipal court
judge of the court of record. The magistrate may conduct an arraignment,
hold an indigence hearing, accept a plea, sign a judgment, set the
amount of bond and perform other functions under article 15.17 of
the Code of Criminal Procedure. A magistrate may not preside over
the court or hear contested cases.
The city administrator shall appoint a clerk of the municipal
court of record who shall perform duties in accordance with state
law and city ordinances. During proceedings of the court, the clerk
and other court personnel shall serve at the direction of the municipal
court judge. At all other times they shall serve at the direction
and supervision of the city administrator who shall have the authority
to remove the court clerk or other court personnel according to rules
set forth in the city’s personnel policies. The clerk of the
municipal court of record shall keep the records of the municipal
court of record, issue process, and perform the duties described in
section 30.00009 of the Texas Government Code.
The proceedings of trials in municipal court of record shall
be recorded by a good quality electronic recording device and kept
for a period of twenty-one days after the last day of the court proceedings,
trial, or denial of a motion for new trial, whichever occurs last.
If the case is appealed, the proceedings shall be transcribed from
the recording by an official court reporter. The municipal court clerk
shall appoint a court reporter who must meet the qualifications provided
by law for official court reporters.
The court clerk shall supervise the selection of persons for
jury service in the municipal court of record.
In the event of an appeal, the appellant shall pay a transcript
preparation fee in the amount of $25.00. The transcript preparation
fee does not include the fee for an actual transcript of the proceedings,
which the appellant must pay. The clerk shall note the payment of
the fee on the docket of the court. If the case is reversed on appeal,
the fee shall be refunded to the appellant. In addition to the transcript
preparation fee, the fee for the actual transcript of the proceedings
and statement of facts must be paid by the appellant.
(Ordinance 2010-06 adopted 4/22/10)