The city council hereby establishes the Haslet Municipal Court as a municipal court of record in order to provide a more efficient disposition of cases arising in the city, and in order to more effectively enforce the ordinances of the city. The municipal court shall become a court of record from and after the effective date of this article (ordinance adopted November 20, 2006), and shall be known as “the municipal court of record in the City of Haslet.”
(Ordinance 1102-06 adopted 11/20/06)
The municipal court of record has the jurisdiction provided by chapter 30 of the Government Code for municipal courts of record.
(Ordinance 1102-06 adopted 11/20/06)
This municipal court of record is established pursuant to the authority granted in subchapter A, chapter 30, of the Government Code of the state, known as the Uniform Municipal Courts of Record Act, and the terms set forth therein are hereby adopted governing the operations of said court.
(Ordinance 1102-06 adopted 11/20/06)
The judge of the municipal court of record in the city shall be appointed by the city council by ordinance for a term of two (2) years. The municipal judge must be a licensed attorney in good standing in the state and must have two or more years of experience in the practice of law in the state. The judge must be a citizen of the United States and of the state. The city council shall establish the salary of the judge, which shall not be based directly or indirectly on fines or costs collected by the court. Such salary may not be diminished during the term for which the judge is appointed.
(Ordinance 1102-06 adopted 11/20/06)
If a vacancy occurs in the office of a municipal judge of a court of record, the city council shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term. The city council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The municipal judge shall select one of the qualified persons appointed by the city council to serve during the absence of the municipal judge. The substitute judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge. A substitute judge must meet the qualifications prescribed for the municipal judge. The city council shall set the compensation for the substitute judge.
(Ordinance 1102-06 adopted 11/20/06)
The municipal judge shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court’s personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the mayor.
(Ordinance 1102-06 adopted 11/20/06)
The city council may appoint one or more magistrates who need not possess all the qualifications necessary to be a municipal court judge of the court of record. The magistrate may conduct an arraignment, hold an indigence hearing, accept a plea, sign a judgment, set the amount of bond and perform other functions under article 15.17 of the Code of Criminal Procedure. A magistrate may not preside over the court or hear contested cases.
(Ordinance 1102-06 adopted 11/20/06)
The city council shall appoint a clerk of the municipal court of record who shall perform duties in accordance with state law and city ordinances. During proceedings of the court, the clerk and other court personnel shall serve at the direction of the municipal court judge. At all other times they shall serve at the direction and supervision of the mayor who shall have the authority to remove the court clerk or other court personnel according to rules set forth in the city’s personnel policies. The clerk of the municipal court of record shall keep the records of the municipal court of record, issue process, and perform the duties described in section 30.00009 of the Texas Government Code.
(Ordinance 1102-06 adopted 11/20/06)
The proceedings of trials in municipal court of record shall be recorded by a good quality electronic recording device and kept for a period of twenty-one days after the last day of the court proceedings, trial, or denial of a motion for a new trial, whichever occurs last. If the case is appealed, the proceedings shall be transcribed from the recording by an official court reporter. The municipal court clerk shall appoint a court reporter who must meet the qualifications provided by law for official court reporters.
(Ordinance 1102-06 adopted 11/20/06)
The court clerk shall supervise the selection of persons for jury service in the municipal court of record.
(Ordinance 1102-06 adopted 11/20/06)
In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings, which the appellant must pay. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant.
(Ordinance 1102-06 adopted 11/20/06)