There is hereby created in the city a court, to be known as the corporation court, which shall have jurisdiction as defined by state law.
(Ordinance 1538, sec. 1 (exh. A, chtr, amd. 3), adopted 2/8/10)
Such court shall be presided over by a judge to be known as the recorder of such court, whose appointment shall be made, duties defined, and compensation fixed by the governing authority of the city; provided, that the governing authority of the city may select and appoint the mayor of the city to be and act as recorder of said court, in which event the mayor shall receive no salary for his services as recorder of said court. In case of absence or disqualification of the recorder herein provided, either [any] of the other commissioners in their numerical order shall act as recorder.
Every person brought before the recorder to be tried for an offense, shall be entitled, if he shall demand it, to be tried by a jury of six legal voters of the city, who shall be summoned, empaneled and qualified as jurors in justice courts under the laws of the state.
Proceedings in the corporation court shall be commenced by complaint, which may be sworn to before the recorder, or the person acting as the city attorney, or his deputies 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 pleading, practice and procedure prevailing and prescribed by law for justice courts shall apply to the corporation court as far as applicable.
The corporation court shall have a seal, having engraved thereon a star of five points in the center, and the words, “Corporation Court in Vernon, Texas,” the impress of which shall be attached to all processes, except subpoenas issued out of said court, and shall be used to authenticate the official acts of the clerk and of the recorder where he is authorized or required to use the seal of office.
In all prosecutions in said court, either under ordinance 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 any ordinance, the complaint may also conclude as “contrary to said ordinance.” Prosecutions in said court shall be conducted by the persons acting in the capacity of city attorney or his deputy, but the county attorney of Wilbarger County may, if he so desires, also represent the state in such prosecutions, but in all such cases the said county attorney shall not be entitled to receive any fees or compensation for his services, and in no case shall the county attorney have the power to dismiss any prosecution pending in said court unless for reasons filed and approved by the recorder.
All costs and fines imposed and collected by the said court shall be paid into the city treasury for the use and benefit of the city, provided that costs taxed against a defendant shall conform to as near as may be, but shall in no case exceed the amount prescribed by law to be collected of defendants convicted before justices of the peace.
The provisions of articles 915 [now 45.08 C.C.P.], 916 [now 45.12 C.C.P.], 917 [now 45.04 C.C.P.], 918 [now also in 45.04 C.C.P.] and 919 [now 7.16, 7.17 C.C.P.] of chapter 5, title 22, [now articles] of the Revised Civil Statutes of the State of Texas relating to jury and witness fees, enforcing the attendance of witnesses upon said court and authority of the court to punish for contempt, service of process, execution and issuance of writs, and proceedings in relation to peace bonds and similar bonds, are hereby adopted as a part of this Charter.
The governing authority of said city may employ any licensed attorney, or firm of attorneys, to act for the city, both before said corporation court and in all matters in which the city may be interested, and shall fix the compensation therefore.
Editor’s note–Ordinance 1538, sec. 1 (exh. A, chtr, amd. 4), adopted Feb. 8, 2010, repealed former Art. III, sec. 3.9, and enacted a new Art. III, sec. 3.9 as set out herein. Former Art. III, sec. 3.9 pertained to fee system abolished, exceptions; employing attorneys and derived from the compilation of the 1916 home rule charter and amendments prepared in 1963.
(Ordinance 1538, sec. 1 (exh. A, chtr, amd. 4), adopted 2/8/10)
To enforce the judgments of said court, the governing authority of said city may establish, maintain and regulate a city workhouse and other means of punishment for vagrants, city convicts and disorderly persons, and such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority.