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.
(Ordinance 10-2009-108, sec. 1,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
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. The judge shall receive such salary as may be fixed
by the city council. In case of the absence or disqualification of
the regular acting judge, the council may appoint a substitute.
(Ordinance 10-2009-108, sec. 2,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
Every person brought before the judge to be tried for any offense
to which the penalty may be a 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, empanelled and qualified as are jurors
in justice court; under the laws of the state.
(Ordinance 10-2009-108, sec. 3,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
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 article, 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.
(Ordinance 10-2009-108, sec. 4,
adopted 11/16/09; Ordinance adopting
Code; Ordinance 10-2009-108 adopted 6/19/20)
The court shall have a seal, having engraved thereon a star
of five points in the center, and the words “Municipal Court
in Channing, 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.
(Ordinance 10-2009-108, sec. 5,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
In all prosecutions in said court, either under ordinances or
the provisions of the Penal Code of the state, 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.
(Ordinance 10-2009-108, sec. 6,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
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 state 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.
(Ordinance 10-2009-108, sec. 7,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
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.
(Ordinance 10-2009-108, sec. 8,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
Appeals from judgment rendered by said court shall be heard
by the state court of competent jurisdiction in Hartley 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.
(Ordinance 10-2009-108, sec. 9,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
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.
(Ordinance 10-2009-108, sec. 10,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
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.
(Ordinance 10-2009-108, sec. 11,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
Said court shall hold no terms and shall be at all times open
on reasonable dates and times, as set by the council, for the transaction
of business.
(Ordinance 10-2009-108, sec. 12,
adopted 11/16/09; Ordinance
10-2009-108 adopted 6/19/20)
In accordance with article 103.0031 of the Texas Code of Criminal
Procedure, there is hereby imposed an additional fee of thirty percent
(30%) on all debts and accounts receivable, i.e.: fines, fees, court
costs, restitution, and other debts that are more than sixty (60)
days past due and have been referred to a private firm (Perdue) for
collection.
(Ordinance 2018-01-01 adopted 1/16/17)