(a) Creation
of Municipal Court.
There is hereby created a court in
and for the City of Pineland, Texas, which shall be known as the municipal
court. This court shall have jurisdiction within the city with power
to hear and determine all cases of alleged violations of the ordinances
of the city and all other cases over which municipal courts are generally
given jurisdiction by state law.
(b) Appointment
of Judge.
There is hereby created the office of judge
of the municipal court who shall have all the powers and authority
as granted by and shall perform all the duties as required by state
law. The judge shall be appointed by the mayor subject to approval
of the city council for a two (2) year term to correspond with the
term of the mayor. Vacancies in the position of judge shall be filled
by the city council for the remainder of the unexpired term. The amount
of compensation to the judge shall be set from time to time by the
city council and paid out of the city treasury.
(c) Removal
of Judge.
The judge of the municipal court may be removed
from office by the city council resolution declaring a lack of confidence
in the judge, provided that two-thirds (2/3) of the city council vote
in favor of said resolution.
(d) Oath
Requirement for Judge.
The judge of the municipal court,
prior to taking office, shall take the oath of office required by
the state constitution and state laws. This is the oath required by
the state laws for mayors of cities.
(e) Associate
Judge.
An associate judge of the municipal court may
be appointed by the city council at the same time the judge is appointed.
The associate judge shall serve in the absence or temporary disability
of the judge. The associate judge shall be subject to the same appointment,
removal and oath requirements as the judge.
(f) Court
Clerk and Deputy Court Clerk.
The city council shall
designate a city employee to serve as court clerk for the city. The
city secretary may serve as ex-officio court clerk if so appointed
by the city council. The city council may also designate a city employee
to serve as deputy court clerk. The court clerk and deputy court clerk
shall be appointed for two (2) year terms to correspond with the term
of the mayor. Vacancies in the position of court clerk and deputy
court clerk shall be filled by the city council for the remainder
of the unexpired term. The city council shall prescribe the compensation
for the court clerk and deputy court clerk, which shall be paid out
of the city treasury.
(g) Duties
of Court Clerk.
The clerk of the municipal court and
the deputy court clerk shall perform all the duties and have all the
powers bestowed upon clerks of municipal courts by state law. The
court clerk and deputy court clerk shall report to the judge regarding
court matters, but shall be administratively responsible to the mayor.
(h) Removal
of Court Clerk and Deputy Court Clerk.
The city council
may remove the court clerk or deputy court clerk for incompetency,
corruption, misconduct, or malfeasance in office after due notice
and an opportunity for a hearing before the city council.
(i) City
Prosecutor.
The duly appointed city attorney or deputy
city attorney as designated by the city attorney shall serve as ex-officio
prosecutor in the municipal court. The city council shall prescribe
the compensation for the prosecutor which shall be paid out of the
city treasury.
(j) Bailiff.
The chief of police shall provide a police officer to serve
as bailiff to preserve order and decorum while court is in session
when requested by the judge.
(k) Warrant
Officer.
The chief of police shall provide a police officer
to serve as warrant officer to serve all process or papers issued
by the municipal court when requested by the judge.
(l) Practices
and Procedures.
The rules prescribed by state law governing
trials in the state justice of peace courts shall govern the procedure
and practice of the municipal court, and the city council may prescribe
such additional rules of practice and procedures as are not inconsistent
with state law.
(m) Cash
Bail.
(1) Acceptance and Forfeiture of Bail.
The judge of the
municipal court is authorized to receive from any person arrested
for a violation of any section of the city code or any state law over
which the municipal court has jurisdiction, cash bail for the appearance
of such person before the municipal court. If such person voluntarily
signs a written agreement in which he agrees that, in the event of
failure to make an appearance by or upon the date therein named, his
bail may be forfeited by the municipal court to the city by an order
or judgment of the court entered upon its minutes, without service
of notice or citation of any kind upon him, and such person shall,
in the same instrument, authorize such officer to plead “guilty”
for him in the event of his failure to appear on said date, then said
cash bail shall be applied to the payment of the fine and the costs
which may be assessed against him.
(2) Amount of Bail.
The judge of the municipal court so
accepting any cash bail shall fix the same at any amount not less
than five dollars ($5.00), which, in his judgment, shall be deemed
to be sufficient to compel the appearance of such person on the date
fixed, provided that no cash bail shall be accepted unless voluntarily
offered by the person charged.
(3) Issuance of Receipt for Payment of Bail.
When a cash
bail is tendered and accepted, the judge of the municipal court accepting
the same shall issue a special cash bail receipt therefore to the
person tendering such cash bail, a copy of which is to remain in the
cash bail receipt book. When a cash bail is returned to the person
who deposited it, a receipt shall be taken therefore. The same procedure
shall apply whether or not the person who has deposited money is present
or orders such bail to be applied on the payment of any fine and cost
assessed against him. When such person fails to make his appearance
and a guilty plea is entered for him, the judge shall apply as much
of the cash bail as may be necessary for the satisfaction of such
fine and cost, and the balance shall be returned to the defendant.
In the event such cash bail is forfeited, then the entire sum shall
be paid to the proper officer of the city.
(n) Arrest
Without Warrant.
Arrest without a warrant may be made
by the chief of police or any other police officer of the city when
offenses against the law or ordinances of the city are committed in
their presence, or where persons are found in suspicious places and
under circumstances which reasonably show that such person has been
guilty of some felony or breach of the peace, or has threatened to,
or is about to commit some offense against the law or ordinances of
the city.
(1981 Code of Ordinances Chapter 7, Section 1)