(a) There
is hereby created a municipal court for the city and such municipal
court shall have jurisdiction to the fullest extent allowed by law.
The municipal court shall have no designated term of court but shall
hear cases and matters filed in said court at least one day or part
thereof each month, at such times as may be necessary for an expedient
disposition of such cases and matters. Currently, the court shall
convene the second Thursday of every month and trials shall be scheduled
at least one day per month, currently the second Thursday of the month.
(b) The
municipal court is responsible for the judicial enforcement of all
class C misdemeanor laws, including parking tickets, established by
state law and city ordinance. Enforcement includes conducting bench
and jury trials, hearings and arraignments, issuing arrest warrants,
capias pro fines, subpoenas, summonses and notices, preparing appeals
documents, collecting fines and fees and reporting collections to
the city and state.
(c) All
cases coming before the municipal court shall be tried and disposed
of in open court. Court shall commence promptly at 6:00 p.m. on designated
court dates.
(d) Except
on court dates, the municipal court offices shall be open for business
from 8:00 a.m. to 5:00 p.m. unless notice is otherwise provided to
the public of closure events such as holidays.
(Ordinance 050613, sec. 1, adopted 6/13/05)
(a) The
office of municipal judge is hereby created. The presiding municipal
court judge shall be appointed by the city council. Compensation for
such office shall be set by the city council.
(b) The
city council may appoint one or more alternate municipal judges to
sit for the presiding judge when the presiding judge is temporarily
unable to act for any reason, whether due to absence or disability.
The city council shall set the compensation for the alternate municipal
judge.
(c) Any alternate municipal judge appointed pursuant to subsection
(b) of this section may be assigned to serve as the magistrate, with the duties prescribed by the laws of the state, particularly the Code of Criminal Procedure.
(d) The
presiding municipal court judge and any alternate judge are required
to keep abreast of state law and local ordinances, including state-mandated
fees. Although a recognized function of judicial discretion, the presiding
municipal court judge and any alternate judge should endeavor to enforce
the law consistently and within suggested state guidelines.
(e) The
city council desires uniformity and consistency in the implementation
of judicial policy in accordance with state law and local ordinances.
Therefore, the city council requires the implementation of a manual
entitled “Municipal Court Policies and Procedures” (hereinafter
“manual”) to be drafted and submitted to the city council
for adoption within 60 days of the date of the taking of office by
the presiding municipal court judge.
(f) The
judge shall draft judicial policies and procedures for insertion into
the manual, which address the judicial functions of the municipal
court. The judicial policies and procedures shall include hearing
and trial procedures and written standing orders for matters such
as dismissals, installment payments, deferred disposition and continuances.
A draft of these policies and procedures shall be made available to
the court clerk and chief of police for review and comment with regard
to any proposed procedures. The judicial policies and procedures,
including standing orders, shall be signed by the presiding municipal
court judge and each alternate judge appointed by the city council.
Any changes to these policies and procedures must be in writing and
signed by all judges prior to incorporation into the manual. No policy
will be implemented by the clerks of the court prior to the same being
in written form and executed by the judges. Court clerks will not
enforce oral policies.
(g) All
judges must adhere to the judicial policies and procedures once implemented,
as well as procedures relative to the operation of the court within
the limits of statutes and applicable law.
(h) All
paperwork from court and jail magistrations must be properly completed.
The presiding judge shall ensure that no information is omitted on
judgments, warrants and probable cause affidavits.
(i) A
municipal judge, and any alternate judge, shall comply with the financial
statement requirements under chapter 572 of the Texas Government Code.
(Ordinance 050613, sec. 2, adopted 6/13/05)
(a) The
city council shall create the position of court clerk. The court clerk
will be under the direction and control of the city administrator.
The city administrator may hire as many deputy court clerks as deemed
necessary for the efficient operation of court procedures.
(b) The
municipal court clerk shall:
(1) Receive, prepare and file all complaints in accordance with state
law;
(2) Prepare and process all court documents and files consistent with
state law and judicial standing orders;
(3) Further prepare and maintain accurate dockets;
(4) Have custody of all documents and papers relating to the business
of the municipal court;
(5) Supervise the collection of fines, fees and costs imposed by the
municipal court;
(6) Maintain complaints for all cases in the municipal court for which
a complaint is required by law;
(7) Have all other powers and duties assigned to the municipal court
clerk by city ordinances, chapter 29 of the Texas Government Code,
and the constitution and laws of the state;
(8) Be responsible for full and proper accounting of all fines, fees
and costs collected and issue receipts to a person who pays a fine,
fee or cost with cash money;
(9) Preserve the records of the municipal court in accordance with any
city records retention schedule and state law;
(10) Coordinate and assist with the drafting of the municipal court policies
and procedures manual relative to clerk functions and implement proper
administration of court procedures consistent with state law; and
(11) Prepare and process all state-required reports.
(Ordinance 050613, sec. 3, adopted 6/13/05)
(a) A
person brought before the municipal court and charged with an offense
is entitled to be tried by jury of six persons, unless that right
is waived in accordance with applicable law.
(b) A
juror for the municipal court must have the qualifications required
of jurors by law and must be a resident of the city.
(c) A
juror is entitled to receive the compensation for each day and each
fraction of a day in attendance on a municipal court jury as provided
by law.
(d) The
municipal court clerk shall establish a fair, impartial, and objective
juror selection process.
(Ordinance 050613, sec. 4, adopted 6/13/05)
All prosecutions in the municipal court must be conducted by
the city attorney or designee, who for this purpose shall be referred
to as the city prosecutor.
(Ordinance 050613, sec. 5, adopted 6/13/05)
(a) There
is established a municipal court building security fund to be used
for the purpose of providing security services for buildings housing
a municipal court in accordance with Texas Code Crim. Proc., art.
102.017. The security fund may only be used to fund items or services
as required by state law, as enacted or as it may be amended, including
those items as specified in V.T.C.A., Code of Criminal Procedure,
article 102.017.
(b) A
defendant convicted in a trial for a misdemeanor offense in the city
municipal court shall pay a security fee in the amount established
by city council in accordance with state law as a cost of court. A
person shall be considered to be convicted if:
(1) A sentence is imposed on such person;
(2) The person receives community supervision, including deferred adjudication;
or
(3) The court defers final disposition of the person’s case.
(c) The
clerk of the municipal court shall collect the costs and pay such
costs to the municipal treasurer or other official of the city who
discharges the duties delegated to the municipal treasurer for deposit
in a fund to be known as the municipal court building security fund.
(d) The
municipal court building security fund shall be administered by or
under the direction of the city council.
(Ordinance 050613, sec. 6, adopted 6/13/05; Ordinance adopting Code)
(a) There
is established and created a municipal court technology fund in accordance
with Vernon’s Ann. C.C.P. art. 102.0172, which shall be used
only to finance the purchase of, or to maintain, technological enhancements
for the city municipal court, including those items as specified in
V.T.C.A., Code of Criminal Procedure, article 102.0172.
(b) A
defendant who is convicted of a misdemeanor offense in the city municipal
court shall pay a technology fee in the amount established by city
council in accordance with state law as a cost of court. A person
shall be convicted in accordance with this subsection if:
(1) A sentence is imposed on such person;
(2) The person is placed on community supervision, including deferred
adjudication community supervision; or
(3) The court defers final disposition of the person’s case.
(c) The municipal court clerk shall collect the costs and pay the funds as provided in subsections
(a) and
(b) of this section to the municipal treasurer or other official of the city who discharges the duties delegated to the municipal treasurer for deposit in a fund which shall be known as the municipal court technology fund. The technology fee to be added as a court cost shall apply only to convictions for offenses committed on or after November 8, 1999.
(d) The
municipal court technology fund shall be administered by or under
the direction of the city council.
(Ordinance 050613, sec. 7, adopted 6/13/05; Ordinance adopting Code)