The city council hereby establishes the city 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 _____ day of __________, 2004, and shall be designated the municipal court of record in the city.
(Ordinance 404-04, sec. 1, adopted 10/21/04)
This municipal court of record is established pursuant to the authority granted in chapter 30 of the Government Code of the state, and the terms set forth therein are hereby adopted governing the operation of said court.
(Ordinance 404-04, sec. 2, adopted 10/21/04)
The municipal court of record shall be presided over by a municipal judge appointed by the city council, who shall serve for a two (2) year team concurrent with that of a mayor. The initial term shall be from the effective date of this article through the end of the current term of the mayor. 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 Texas. The judge must be a citizen of the United States and of the state. The city council may appoint one or more similarly qualified persons to serve as alternate or associate municipal judge when the municipal judge is temporarily absent for any reason, or to serve under the direction of the municipal court judge.
(Ordinance 404-04, sec. 3, adopted 10/21/04)
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 indigency 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.
(Ordinance 404-04, sec. 4, adopted 10/21/04)
The city administrator shall appoint a clerk of the municipal court of record, who shall perform duties in accordance with statutes and city ordinances.
(Ordinance 404-04, sec. 5, adopted 10/21/04; Ordinance adopting Code)
The municipal clerk shall appoint a court reporter, who must meet the qualifications provided by law for official court reporters. The court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of those methods of [to] record the proceedings of the court. The court reporter is not required to record testimony in any case unless the judge or one of the parties requests a record in writing, and files the request with the court before trial. If a record is made, it shall be kept for the twenty (20) day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, whichever occurs last. The court reporter is not required to be present during proceedings of the municipal court of record, provided that proceedings that are required to be recorded by a good quality electronic recording device.
(Ordinance 404-04, sec. 6, adopted 10/21/04)