There is hereby created a court in and for the city which shall
be known as the municipal court of the city. 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 as provided for in V.T.C.A., Government Code, section
29.003.
(2001 Code, sec. 7.102)
(a)
Office created.
There is hereby created the office of
judge of the municipal court, who shall have all the powers and authority
as granted by state law and the ordinances of this city, and shall
perform all the duties as prescribed by the laws of the state and
the ordinances of this city.
(b)
Appointment; term; compensation; bond; temporary replacement.
(1)
The judge shall be appointed for a term of office running concurrently
with that of the mayor. He or she shall receive such compensation
as the city council shall fix by ordinance or resolution and shall
furnish such surety bond as may be required by the city council, the
premium to be paid by the city.
(2)
In the absence of the regular municipal judge, the city council may
appoint any other person qualified for the position to sit for the
regular municipal judge, or the mayor may serve as ex officio judge
until a judge is appointed.
(c)
Removal.
The judge of the municipal court may be removed
by a majority of the city council for incompetence, corruption, misconduct
or malfeasance in office, after due notice and an opportunity to be
heard in his defense. The judge of the municipal court may also be
removed from office by a 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.
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.
(2001 Code, sec. 7.101)
(a)
Office created; compensation; appointment; term.
The
office of municipal court clerk is hereby created, and shall receive
such compensation as may be fixed by the city council. The municipal
court clerk shall be appointed to office by a majority vote of the
city council and shall be subject to removal at any time by the mayor
with the consent of the city council.
(b)
Performance of duties by city secretary.
It is further
provided that, in the event of the failure to so appoint a clerk for
said municipal court, the city secretary shall act as ex officio clerk
of said court until such appointment and shall be authorized to appoint
a deputy with the same power as the secretary.
(c)
Duties.
The court clerk of the municipal court shall
keep minutes of the proceedings of the municipal court, issue all
process, and generally perform all duties of the clerk of a court
as prescribed by law for a county clerk insofar as the same may be
applicable.
(d)
Removal.
The city council may remove the court clerk
for incompetence, corruption, misconduct, or malfeasance in office
after due notice and an opportunity for a hearing before the city
council.
(e)
Bond.
The municipal court clerk shall furnish such security
bond as may be required by the city council, the premium to be paid
by the city.
(2001 Code, sec. 7.103)
The duly appointed 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.
(2001 Code, sec. 7.104)
The chief of police or any police officer shall serve as bailiff
to preserve order and decorum while court is in session and upon request
by the judge.
(2001 Code, sec. 7.105)
The chief of police or any police officer shall serve as warrant
officer to serve all process or papers issued by the municipal court
and upon request by the judge.
(2001 Code, sec. 7.106)
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.
(2001 Code, sec. 7.107)
Each person serving as a juror in municipal court is entitled
to six dollars ($6.00) for each day or fraction of each day served
as a juror.
(2001 Code, sec. 7.108)
