There shall be a court known as the Richland Hills Municipal
Court of Record, with such jurisdiction, powers and duties as are
given and prescribed by the laws of the State of Texas for municipal
courts of record. The City Council shall be empowered to create by
ordinance additional municipal courts of record if it finds that such
additional courts are necessary to dispose properly of the cases arising
in the City.
(1)
Judge of the municipal court of record.
The Municipal
Court of Record shall be presided over by a Magistrate who shall be
known as the Municipal Judge. The Municipal Judge shall be a competent
and duly licensed attorney in good standing who practices law in Tarrant
County, Texas. The Municipal Judge may not serve as such while holding
any other office or employment with the City of Richland Hills, Texas.
The Municipal Judge shall be appointed by the City Council for a two-year
term.
(2)
Vacancies: temporary replacement; removal.
A. If a vacancy occurs in the office of Municipal Judge of the Richland
Hills Municipal Court of Record, the City Council shall appoint a
qualified person to fill the office for the remainder of the unexpired
term.
B. The City Council may appoint persons as Associate Judges. An Associate
Judge must meet the qualifications prescribed for the Municipal Judge.
The Municipal Judge may assign a relief judge to act for the Municipal
Judge if they are temporarily unable to act for any reason. An Associate
Judge has all the powers and duties of the office while so acting.
C. The Municipal Judge may be removed after written notice and an opportunity
to be heard before the Council.
(3)
Clerk of the municipal court of record.
There
shall be a Clerk of the Municipal Court of Record who shall be appointed
by the City Manager, and who shall be known as the municipal clerk.
The clerk shall have the power to administer oaths and affidavits,
make certificates, affix the seal of the court thereto, and otherwise
perform any and all acts necessary in issuing process of the Richland
Hills Municipal Court of Record and conducting business thereof. The
municipal clerk shall also perform such duties as are specified to
be performed by the municipal clerk under the general laws of the
State of Texas governing municipal courts or, more specifically, municipal
courts of record. The municipal clerk shall perform any other duties
as specified by the City Manager. With the consent of the City Manager,
the clerk may appoint one or more deputy clerks to act for the clerk.
The City Manager shall provide the courts with other municipal court
personnel that the City Manager determines necessary for the proper
operation of the court. Those persons shall perform their duties under
the direction and control of the clerk or the Municipal Judge to whom
assigned.
(4)
Procedure in the municipal court of record.
All
complaints, prosecutions, the service of process, commitment of those
convicted of offenses, the collection and payment of fines, the attendance
and service of witnesses and juries, punishment for contempt, bail,
and taking of bonds shall be governed by the Code of Criminal Procedure
and the general laws of the State of Texas applicable to municipal
courts or, more specifically, to municipal courts of record.
State law reference–Municipal court of record,
V.T.C.A., Government Code § 30.481, et seq.
[Ordinance 1473-23 adopted 5/16/2023]