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)