(a) 
There is hereby created a unified municipal court of record in and for the City of DeSoto Texas, to be designated as the “Municipal Court of Record in the City of DeSoto, Texas.” Said municipal court and any municipal court of record subsequently established shall exercise that jurisdiction conferred upon this court by Section 30.00005 of Chapter 30 of the Texas Government Code, as amended.
(b) 
A municipal court of record created under this article has the following jurisdiction:
(1) 
jurisdiction within the territorial limits of the city in all criminal cases arising under the ordinances of the city;
(2) 
concurrent jurisdiction with a justice of the peace in any precinct in which the city is located in criminal cases within the justice court jurisdiction that arise within the territorial limits of the city and are punishable by a fine only;
(3) 
jurisdiction over cases arising outside the territorial limits of the city under ordinances authorized by Sections 215.072, 217.04, 341.903, and 401.002, Tex. Loc. Gov’t Code, as amended.
(c) 
The DeSoto Municipal Court and any subsequent municipal court of record of the City of DeSoto, Texas, has no term and may sit at any time for the transaction of business of the court.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
Where the term corporation court (or municipal court) is used in this code, it shall mean a municipal court of record created under this article.
(b) 
Any provision of the city charter, city ordinances, or state law that is applicable to a municipal court shall be applicable to the municipal court of record created under this article unless the provision is in conflict or inconsistent with Chapter 30 of the Texas Government Code which governs the municipal courts of record.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
The DeSoto Municipal Court shall be presided over by a magistrate who shall be known as the “Municipal Court Judge,” who shall be appointed by the city council for a term of two (2) years, and who shall be appointed and may be removed in accordance with Section 2 of Article VI of the City Charter. The municipal judge and any alternate municipal judges must be a licensed attorney in good standing in Texas, a citizen of the United States, and a resident of the State of Texas.
(b) 
If more than one municipal court of record is created, the judge of each municipal court of record may at any time exchange benches and sit and act for each other in any pending case, matter, or proceeding.
(c) 
Any one or more alternate municipal court judges appointed under Section 2 of Article VI of the city charter shall be known as and shall serve as an “Alternate Municipal Judge.” The city council shall appoint persons to serve as alternate municipal judges for a term of two (2) years who shall meet the qualifications prescribed for the municipal judge. The municipal judge may assign an alternate municipal judge to act for the municipal judge who is temporarily unable to act for any reason. An alternate municipal judge has all the powers and duties of the office while acting for the municipal judge.
(d) 
The city manager shall oversee the daily operations of the municipal court judge and alternate or associate judges. The compensation of the municipal court judge shall be fixed by the city manager pursuant to the procedures used to establish and change the salaries of heads of departments. The compensation of the municipal judge and alternate municipal judges may not be diminished during the term of office and may not be based directly or indirectly on fines, fees or other costs that the judges are required by law to collect during a term of office.
(e) 
In the event a vacancy occurs in the office of municipal judge or alternate municipal judge, the city council shall appoint a qualified person to fill the office for the remainder of the unexpired term.
(f) 
The municipal judge and alternate municipal judges serve at the pleasure of the city council and may be removed from office with or without cause.
(g) 
The municipal judge and alternate municipal judges shall:
(1) 
hold court within the city at a place designated by the city council;
(2) 
follow all rules of procedure contained in the city ordinances and state law;
(3) 
enter on the docket of the municipal court of record over which the municipal judge presides appropriate notations of the disposition of each case;
(4) 
have authority to preside over any municipal court of record of the city, and may exchange benches with other judges; and
(5) 
have all other powers and duties assigned to municipal judges and magistrates by the city charter, city ordinances, Chapter 30 of the Texas Government Code, or the Constitution and laws of the State of Texas.
(h) 
The municipal judge of the municipal court of record and any alternate municipal judge may grant writs of mandamus, injunction, attachment, or other writs necessary for the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
The city manager shall appoint a clerk of the municipal court of record who shall be known as the “Municipal Court Clerk.” The municipal court clerk may hire, direct, and remove the personnel authorized in the city’s annual budget for the clerk’s office, including court support personnel and marshals, as may be necessary or appropriate, in accordance with the ordinances, policies and procedures of the city.
(b) 
The municipal court clerk or the clerk’s deputies shall keep the records of the municipal court, issue process, and generally perform the duties for the courts that a clerk of the county court exercising criminal jurisdiction is required by law to perform for that court. The clerk shall perform the duties in accordance with state law, the city charter, and city ordinances.
(c) 
The municipal court clerk shall further:
(1) 
prepare and maintain accurate dockets and minutes for each municipal court of record created under this article;
(2) 
have custody of all documents and papers relating to the business of the municipal court;
(3) 
supervise the collections of fines, fees and costs imposed by the municipal court;
(4) 
maintain complaints for all cases in the municipal court for which a complaint is required by law;
(5) 
have all other powers and duties assigned to the municipal court clerk by the city charter, city ordinances, Chapter 30 of the Texas Government Code, and the Constitution and laws of the State of Texas;
(6) 
be responsible for full and proper accounting of all fines, fees and costs collected and issue receipt to a person who pays a fine, fee or cost with cash money;
(7) 
preserve the records of the municipal court in accordance with any city records retention schedule; and
(8) 
appoint a court reporter who must meet the qualification provided by law for official court reporters.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
A municipal court of record created under this article shall comply with the recording procedures set forth in Chapter 30 of the Texas Government Code.
(b) 
Upon request of the judge or upon written request of one of the parties to a trial, proceedings of the municipal court of record, limited to trial testimony and motions before the court, shall be recorded. The proceedings may be recorded mechanically, electronically or recorded by a qualified court reporter who may use written notes, transcribing equipment, or a combination of those methods to record the proceedings of the court.
(c) 
The record of a municipal court of record proceeding shall be kept and stored for not less than twenty (20) days beginning the day after the last day of the court proceeding, trial, or denial of motion for new trial, whichever occurs last. The proceedings that are appealed shall be transcribed by a court reporter or other person authorized to transcribe the court of record proceedings, which, when transcribed, shall be referred to as the statement of facts. The court reporter or other person transcribing the proceedings is not required to have been present at the proceedings when they were recorded.
(d) 
The appellant shall pay for any transcription of the proceedings unless the court finds, after a hearing in response to an affidavit by the defendant, that the defendant is unable to pay or provide security for the transcription. If the court so finds, the court shall order the reporter to prepare the record without charge to the defendant.
(e) 
Before the recorded proceedings are transcribed, the defendant shall, unless found by the court to be unable to pay for the transcription, post a cash deposit with the municipal court for the estimated cost of the transcription. The cash deposit shall be based on an estimate provided by the court reporter or the length of proceedings as indicated by the amount of tape used to electronically record the proceedings, if any, the cost of the court reporter, typing, and other incidental services. The municipal court may post a current schedule of the charges for transcription fees, including deposits. If the cash deposit exceeds the actual cost of the transcription, the court reporter shall refund the difference to the defendant. If the cash deposit is insufficient to cover the actual cost of the transcription, the defendant must pay the additional amount to the court reporter before the transcription may be submitted. If a case is reversed on appeal, the court shall promptly refund to the defendant any amounts paid for a transcription.
(f) 
The court reporter shall certify the official record.
(Ordinance 1479-02 adopted 7/2/02)
All prosecutions in the municipal court of record must be conducted by the city attorney or designee, who for this purpose shall be referred to as the city prosecutor. The city attorney or his designee shall represent the city in all appeals from the municipal courts of record.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
A proceeding in a municipal court of record commences with the filing of a complaint. A complaint must begin “In the name and by the authority of the State of Texas” and must conclude “Against the peace and dignity of the State.”
(b) 
Complaints must comply with Article 45.019 of the Texas Code of Criminal Procedure, as amended.
(c) 
Pleadings must be in writing and filed with the municipal court clerk.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
A person brought before the municipal court of record and charged with an offense is entitled to be tried by a jury of six (6) persons, unless that right is waived according to law.
(b) 
A juror for the municipal court of record 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 of record jury as provided by law.
(d) 
The municipal court clerk shall establish a fair, impartial, and objective juror selection process.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
Except as modified by Chapter 30 of the Texas Government Code, the Texas Code of Criminal Procedure as applied to county courts at law governs the trial of cases before the municipal court of record.
(b) 
Bonds must be payable to the state for the use and benefit of the city. The court may not assess court costs other than warrant fees, capias fees, and other fees authorized by law for municipal courts.
(c) 
A peace officer may serve a process issued by a municipal court of record.
(d) 
On conviction, judgment and sentence are in the name of the state, and the state recovers from the defendant the fine, fees and costs for the use and benefit of the city. The court may require that the defendant remaining in the custody of the chief of police until the fines and costs are paid and shall order that execution issue to collect the fines and penalties.
(e) 
Fines, fees, costs, and bonds shall be paid to the municipal court clerk, who shall deposit them in the city general fund.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
A defendant has the right of appeal from a judgment or condition in a municipal court of record. The state has the right to an appeal as provided by Article 44.01, Texas Code of Criminal Procedure. The County Criminal Courts of Appeal of Dallas County have jurisdiction of appeals from the municipal courts of record.
(b) 
The appellate court shall determine each appeal from a municipal court of record conviction on the basis of the errors that are set forth in the appellant’s motion and that are presented in the transcript and statement of fact prepared from the proceedings leading to the conviction. An appeal from the municipal court of record is not trial de novo.
(c) 
To perfect an appeal, the defendant must file a motion for new trial not later than ten (10) days after the date on which the judgment and sentence are rendered. The motion must be in writing and must be filed with the clerk of the municipal court of record. The motion constitutes the assignment of error on appeal. A ground or an error not set forth in the motion is waived. If the court does not act on the motion before the expiration of thirty (30) days after it is filed with the clerk, the motion is overruled by operation of law.
(d) 
After an order overruling a motion for new trial, the defendant shall give written notice of appeal and pay a transcript preparation fee established by resolution or ordinance of the city council not to exceed fifty dollars ($50.00), not later than ten (10) days after the date on which the motion is overruled. The court 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 defendant.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than ten (10) days after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond.
(b) 
The appeal bond must be in the amount of fifty dollars ($50.00) or double the amount of the fines and costs adjudged against the defendant, whichever is greater. The bond must be payable to the state for the use and benefit of the city and must be conditioned on the defendant’s appearance in the court to which the appeal is taken.
(c) 
The record on appeal consists of a transcript and, if necessary to appeal, a statement of facts. The court reporter shall prepare the statement of facts from the reporter’s records or mechanical or electronic recordings of the proceedings.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
The municipal court clerk shall prepare under his or her hand and the seal of the court a transcript of the proceedings in the municipal court of record after payment of the transcript preparation fee. The municipal court clerk shall prepare the transcript under written instructions from the appellant or the appellant’s attorney, and unless otherwise agreed by the parties in writing, the transcript must include a copy of:
(1) 
the complaint;
(2) 
court orders on any motions or exceptions;
(3) 
the judgment;
(4) 
the verdict of the jury;
(5) 
any findings of fact or conclusions of law made by the court;
(6) 
the motion for new trial and the order of the court on the motion;
(7) 
the notice of appeal;
(8) 
any statement of the parties regarding material to be included in the record;
(9) 
the appeal bond; and
(10) 
any signed paper designated as material by either party.
(b) 
The appellant or the appellant’s attorney shall file a copy of the written instructions with the court and shall deliver a copy to the appellee.
(c) 
The appellee shall file a written instruction to the clerk or clerk of the municipal court of record if additional portions of the trial proceedings in the transcript are to be included.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
A statement of facts included in the record on appeal must contain:
(1) 
a transcription of all or any part of the municipal court of record proceedings in the case as recorded on the electronic recording device or shown by the notes of the court reporter recorded or taken before, during, or after the trial, if the transcription is requested by a party, a party’s attorney, or the municipal judge;
(2) 
a brief statement of the facts of the case proven at trial as agreed to by the defendant or the defendant’s attorney and the prosecuting attorney; or
(3) 
a partial transcription and the agreed statement of the facts of the case.
(b) 
The court reporter shall transcribe in duplicate any portion of the recorded proceedings or the notes of the court proceedings in the case at the request of either party or the municipal judge. The appellant shall pay for the transcription unless the appellant is the defendant and the court finds, after hearing in response to an affidavit by the defendant, that the defendant is unable to pay or give security for the transcription. On certification by the court that the court reporter has rendered the service without charge to the defendant, the court reporter shall be paid for the services by the city.
(Ordinance 1479-02 adopted 7/2/02)
The parties must file the transcript and the statement of facts with the clerk of the municipal court of record not later than sixty (60) days after the date on which the transcript preparation fee was paid. The clerk shall promptly forward them to the appellate court clerk.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
The appellant must file a brief on appeal with the appellate court clerk not later than the twentieth (20th) day after the date on which the transcript and statement of facts are filed with that clerk.
(b) 
The appellee must file the appellee’s brief with the appellate court clerk not later than the twentieth (20th) day after the date on which the appellant’s brief is served on the appellee.
(c) 
To avoid unnecessary delay, the record and briefs on appeal shall be limited as far as possible to the questions relied on for reversal.
(d) 
On filing, each party shall immediately deliver a copy of the brief to the opposing party.
(Ordinance 1479-02 adopted 7/2/02)
(a) 
When the judgment of the appellate court becomes final, the clerk of that court shall certify the proceedings and the judgment and shall mail the certificate to the clerk or clerk of the municipal court of record. The clerk shall file the certificate with the papers in the case and note the certificate on the case docket. If the municipal court of record’s judgment is affirmed, further action to enforce the judgment is not necessary except to:
(1) 
forfeit the bond of the defendant;
(2) 
issue a writ of capias for the defendant; or
(3) 
issue an execution against the defendant’s property.
(b) 
If the appellate court awards a new trial to the defendant, the case stands as if a new trial had been granted by the municipal court of record.
(Ordinance 1479-02 adopted 7/2/02)
An appeal of the appellate court decision to the court of appeals is governed by the Texas Rules of Appellate Procedure and the Code of Criminal Procedure, except that the transcript, briefs, and statement of facts filed in the appellate court constitute the transcript, briefs, and statement of facts on appeal to the court of appeals unless the rules of the court of criminal appeals provide otherwise.
(Ordinance 1479-02 adopted 7/2/02)
There is hereby assessed and the municipal court of record of the city shall impose and collect a transcript preparation fee of fifty dollars ($50.00) from a defendant seeking to appeal a judgment from the municipal court of record.
(Ordinance 1479-02 adopted 7/2/02)