(a)
The
legislature of the state has statutorily authorized the city council
of a general-law city pursuant to V.T.C.A. Government Code section
29.004 to provide for the appointment of a municipal judge.
(b)
The
council shall appoint a judge who shall preside over the municipal
court and shall carry out the duties required of such office by the
laws of the state and the ordinances of the city.
(c)
The
judge of the municipal court, prior to taking office, shall take the
requisite oath of office required by the constitution and state law
to be taken by the mayor.
(d)
The
judge of the municipal court must be an adult citizen of this state
of at least twenty-one (21) years of age. The city council shall appoint
the judge of the municipal court.
(e)
The
judge of the municipal court shall serve for a term of office of two
years. The initial appointment shall be effective for the remainder
of the unexpired term of office of the current mayor.
(f)
Each
municipal court judge who is not an attorney licensed in this state
must successfully complete a 24-hour course on the duties of the office
no later than one year after the date on which the judge is first
appointed and must complete a minimum of 12 hours of instruction each
calendar year following the calendar year in which the initial course
was taken.
(g)
The
city council shall set a reasonable compensation and/or salary of
the judge of the municipal court.
(Ordinance 87-4, secs. 1–7,
adopted 11/17/87)
The city secretary shall be ex-officio clerk of the municipal
court, and is hereby authorized to appoint a deputy with the same
power as himself/herself as such clerk. The clerk shall keep minutes
of the proceedings of the court, issue all process, and generally
perform all the duties of a clerk of a court as prescribed by law
for a county clerk insofar as the same may be applicable.
(Ordinance 87-4, sec. 8, adopted 11/17/87)
All of the appointed officers of the municipal court shall serve
at the pleasure of the city council, and may be removed by resolution
of that body with or without cause.
(Ordinance 87-4, sec. 9, adopted 11/17/87)
The municipal court shall have a seal which shall be engraved
with a star of five (5) points in the center thereof, and the words,
“Municipal Court in Lakeside City, Texas.”
(Ordinance 87-4, sec. 10, adopted 11/17/87)
All the provisions as prescribed by the Code of Criminal Procedure
of the state relating to complaints, arrests, trial of cases, trial
by jury, new trials, collection of fines, executions, etc., motions,
pleadings, as now adopted for the guidance of justice courts, are
hereby adopted as the procedure of the municipal court, so far as
same is applicable.
(Ordinance 87-4, sec. 11, adopted 11/17/87)
The docket of the municipal court shall be known as the minutes
of the court, and in the minute book shall be noted each case filed,
all continuances, trials by court or jury and whether for dismissal
or for fine and costs with the amount of the fine, new trials, motions
heard and acted upon, and notices of appeals. The minutes shall be
kept and written by the clerk of the court and signed by the judge
thereof.
(Ordinance 87-4, sec. 12, adopted 11/17/87)
If a municipal judge is temporarily unable to act, the city
council may appoint one or more persons meeting the qualifications
for the position to sit for the regular municipal judge. The appointee
has all powers and duties of the office and is entitled to compensation
as set by the city council.
(Ordinance 87-4, sec. 13, adopted 11/17/87)
