There is hereby created in the City, a court, to be known as the Municipal Court, which shall have the jurisdiction defined by State Law.
(Adopted by electorate, 4-7-84)
Such Court shall be presided over by a judge appointed by the Council for a term of two (2) years to be known as the Judge of the Municipal Court. In case of the absence or disqualification of the regular acting judge, the Council may appoint a substitute. A City elective officer or employee may not serve in such position.
Every person brought before the Judge to be tried for any offense to which the penalty may be fine shall be entitled, if he or she shall demand it, to be tried by a jury of six legal voters of the City, who shall be summoned, impaneled and qualified as are jurors in justice court; under the laws of the State.
Proceedings in the Municipal Court shall be commenced by complaint, which may be sworn to before the Judge, or his or her deputy, or any other officer authorized by law to administer oaths. Where not otherwise prescribed by the terms of this Charter or ordinance, the rules of pleadings, practice and procedure prevailing and prescribed by law for municipal and/or justice courts shall apply to the municipal court, as far as applicable.
The Court shall have a seal, having engraved thereon a star of five points in the center, and the words “Municipal Court in Giddings, Texas,” impress of which shall be attached to all process, except subpoenas issued out of said court, and shall be used to authenticate the official acts of the clerk and the judge where he or she is authorized or required to use the seal of office.
In all prosecutions in said Court, either under ordinances or the provisions of the Penal Code of the State of Texas, the complaint shall commence: “In the name and by the authority of the State of Texas,” and shall conclude: “Against the peace and dignity of the State,” and where the offense is covered by an ordinance the complaint may also conclude: “Contrary to the said Ordinance.” Prosecutions of such court shall be conducted by the person acting in the capacity of City Attorney, or his or her deputy.
All fines imposed and collected by said court shall be paid into the City treasury for the use and benefit of the City. Court costs for the Criminal Justice Planning Fund and Texas Commission on Law Enforcement Officers Standards and Education, and for such other funds as may be provided by law, shall be collected in each case, except parking tickets or pedestrian offenses, in which a fine is imposed.
Proceedings in the Municipal Court in regard to the amount paid to jurors and witnesses, enforcing the attendance of witnesses upon said court, authority of the court to punish for contempt, service of process, execution and issuance of writs, and proceedings in relation to peace bonds and bonds required by the court, shall be governed by the provisions of the Penal Code and Code of Criminal Procedure as the same now exists, or may hereafter be amended, relating to Justice Courts and Municipal Courts.
Appeals from judgment rendered by said court shall be heard by the state court of competent jurisdiction in Lee County, Texas, and in all such appeals the trial shall be de novo; the same as if the prosecution had been originally commenced in that court. Said appeals shall be governed by the rules of practice and procedure for appeals from justice courts to the county courts, as far as the same may be applicable.
In all cases, the fines imposed on appeal, together with the costs, if any, imposed in the Municipal Court and the court to which the appeal is taken, shall be collected of the defendant and his or her bondsman, and such costs, if any, when collected, be paid into the treasury of the City. When the defendant in such cases is committed to custody, he or she shall be committed to the custody of the officer acting as Chief of Police of the City, to be held by him or her in accordance with the ordinances of the City, providing for the custody of prisoners convicted before said court.
The Council may by ordinance provide such court with a clerk, and if such clerk is provided, then he or she shall be one of the City’s appointive officers or employees; if appointed, he or she shall have the same powers as defined by State Law.
(Amended by electorate 4/7/84)
Said court shall hold no terms and shall be at all times open for the transaction of business.