(a)
The city council hereby finds and determines that the creation
of a municipal court of record is necessary to provide for the more
efficient disposition of cases arising in the city and more effectively
enforce the ordinances of the city.
(b)
The municipal court shall become a municipal court of record
from and after the 1st day of May 2023 and shall be designated as
the "Municipal Court of Record No. 1 in the City of New Fairview,
Texas."
(c)
The municipal court shall meet and hold regular sessions to
hear and determine all cases arising before it, such sessions to be
held and called by the municipal court judge. The municipal court
may be in continuous session, either day or night.
(Ordinance 202302-04-106 adopted 2/20/2023)
The municipal court of record has the jurisdiction and authority
provided by section 30.00005 of the Texas Government Code, as amended,
and shall have:
(1)
Concurrent jurisdiction with a district court or county court at law under subchapter B, chapter 54, Texas Local Government Code, with the city's territorial limits and property owned by the city located in the city's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances;
(4)
The municipal court of record has all jurisdiction and authority
provided by any state statute or judicial decision for municipal courts
or municipal courts of record. Nothing contained in this section shall
be construed to limit or otherwise restrict the jurisdiction of the
municipal court of record.
(Ordinance 202302-04-106 adopted 2/20/2023)
(a)
Appointment.
The municipal court of record shall
be presided over by a magistrate who shall be appointed by the city
council and shall be known as the "chief municipal court judge." 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 municipal judge must be a citizen of the
United States and a resident of the state.
(b)
Assistant judges.
The council shall appoint assistant
judges as it deems necessary. Such assistant judges shall be appointed
and removed in the same manner as the chief municipal court judge
and shall serve in the absence of and have all the authority of the
chief municipal court judge as provided by state law.
(c)
Terms.
The chief municipal court judge shall be
selected and appointed or reappointed for a term of two (2) years,
commencing May first of odd numbered years. The appointment or reappointment
of assistant judges shall be for a term of one (1) year from the date
of their appointment or reappointment and shall be initiated upon
the recommendations of the chief municipal court judge, concurred
in by the city council.
(d)
Salary.
The city council shall set compensation
for the chief municipal court judge and any additional assistant judges.
(e)
Authority of chief judge.
Unless otherwise directed
by the city council, the chief municipal court judge may prescribe
such rules and procedures, not inconsistent with the laws of the state
and ordinances of the city, as are necessary for the orderly trial
of cases in the municipal court; further, he or she shall direct the
assignment of cases, matters, or proceedings pending in the municipal
court; and further, he or she shall prescribe the conditions under
which assistant municipal judges shall sit as judge.
(f)
Submission of budget.
The chief municipal court
judge shall submit annually to the city secretary a budget estimate
of the revenues of the municipal court and the expenses of conducting
the affairs thereof for the ensuing fiscal year.
(g)
Removal.
A municipal judge may be removed from
office at any time for the reasons stated and consisted with section
30.000085 of the Texas Government Code, as amended.
(h)
Vacancies.
If a vacancy occurs in the office of
municipal judge, the city council shall, by ordinance, provide for
the appointment of a qualified person to fill the office for the remainder
of the unexpired term.
(Ordinance 202302-04-106 adopted 2/20/2023)
(a)
Appointment.
Within the municipal court system
there is hereby created the office of clerk of the municipal court.
The city administrator, mayor, and the city council have the authority
to appoint a clerk of the municipal court of record, who shall be
known as the municipal court clerk, depending on the qualifications
and credentials of the person so appointed. An appointee who is certified
as a municipal court clerk III shall be appointed as the court administrator.
(b)
The municipal court clerk or court administrator shall keep
the records of the municipal court of record, issue process, and generally
perform the duties that a clerk of a county court at law exercising
criminal jurisdiction performs for that court. In addition, the clerk
shall maintain an index of all court judgments in the same manner
as county clerks are required by law to prepare for criminal cases
arising in county courts. The municipal court clerk or court administrator
shall perform all duties in accordance with state statutes and city
ordinances and shall be a duly qualified notary public.
(c)
Removal.
The city council may remove the municipal
court clerk or court administrator for incompetence, misconduct, malfeasance
in office, or other reason after the clerk is given due notice and
an opportunity to be heard in his or her own defense.
(d)
Power.
The municipal court clerk or court administrator
and any deputy clerks shall have the power to administer oaths and
affidavits, make certificates, affix the seal of the court thereto,
and otherwise perform all acts necessary in issuing process of the
municipal court and conducting the business thereof.
(e)
Responsibilities.
The municipal court clerk or
court administrator shall be responsible for the proper administration
of the affairs of the municipal court clerk or court administrator's
office and shall:
(1)
Maintain and keep a record of the business of the municipal
court;
(2)
Collect and account for all fines paid in all cases filed in
the municipal court;
(3)
Maintain and keep a record of all bonds filed with the municipal
court; and
(4)
Perform any duties as may be from time-to-time authorized, delegated,
or required by the chief municipal court judge or the city council.
(f)
Deputy clerks.
The city administrator, mayor,
and the city council have the authority to appoint one or more deputy
clerks who, when acting in such capacity, shall have the same authority
as the clerk.
(g)
The city secretary, as an ex officio clerk of said court, may
perform the duties of a deputy court clerk, when so directed by the
mayor or in the absence of the municipal clerk or court administrator.
(Ordinance 202302-04-106 adopted 2/20/2023; Ordinance
202308-05-118 adopted 8/7/2023)
(a)
Court reporter.
A court reporter may be provided
to preserve the record in cases tried before the municipal court according
to section 30.00010 of the Texas Government Code, as amended. The
court reporter must meet the qualifications provided by law for official
court reporters. The court reporter or court staff may use written
notes, transcribing equipment, video or audio recording equipment,
or a combination of those methods to record the proceedings of the
court. The court reporter or court staff are not required to record
testimony in any case unless the judge or one of the parties requests
a record in writing, and files the request with the court before trial.
(b)
Record; not required to be present.
If a record
is made, it shall be kept for the 20-day period beginning the day
after the last day of the court proceeding, trial, or denial of motion
for new trial, whichever occurs last. The court reporter is not required
to be present during proceedings of the municipal court of record,
provided that proceedings that are required to be recorded are recorded
by a good quality electronic recording device. If a case is appealed,
the proceedings may be transcribed from the recording by an official
court reporter.
(Ordinance 202302-04-106 adopted 2/20/2023)
(a)
Right to trial.
A person brought before municipal
court and charged with an offense is entitled to be tried by a jury
of six persons unless that right is waived in accordance with applicable
law.
(b)
Qualifications.
A juror for the municipal court
must have the qualifications required of jurors by law and must be
a resident of the city.
(c)
Compensation.
A juror may receive compensation
for each day and each fraction of a day in attendance on a municipal
court jury as provided by law.
(d)
Selection.
The municipal court clerk shall establish
a fair, impartial, and objective juror selection process.
(Ordinance 202302-04-106 adopted 2/20/2023)
(a)
Appeals.
A defendant has the right to appeal from
a judgment or conviction in the municipal court of record. The state
has the right to appeal as provided by the Texas Code of Criminal
Procedure, article 44.01.
(b)
Transcript fees.
In the event of an appeal, the
appellant shall pay a transcript preparation fee in the amount of
twenty-five dollars ($25.00). The transcript preparation fee does
not include the fee for an actual transcript of the proceedings. The
clerk shall note the payment of the fee on the docket of the court.
If the case is reversed on appeal, the transcript preparation fee
of twenty-five dollars ($25.00) shall be refunded to the appellant.
In addition to the transcript preparation fee, the fee for the actual
transcript of proceedings and statement of facts must be paid by the
appellant, pursuant to sections 30.00014 and 30.00019 of the Texas
Government Code.
(Ordinance 202302-04-106 adopted 2/20/2023)
The city jail, or any other jail facility as may be from time-to-time
contracted with by the city, shall be designated as the official city
jail for the city.
(Ordinance 202302-04-106 adopted 2/20/2023)
The rules of practice and procedure as prescribed by state law
governing trials in the state justice and municipal courts shall govern
the procedure and practice of the municipal court. The city council
may prescribe such additional rules of practice and procedure as may
not be inconsistent with state law.
(Ordinance 202308-05-118 adopted 8/7/2023)
The proceedings of the municipal court shall be conducted at
city hall, at such times as may be deemed appropriate by the municipal
judge, unless the facilities are otherwise unavailable due to exigent
circumstances, elections or lack of capacity. Regular sessions of
the municipal court shall be held for the hearing and determination
of unresolved cases coming before the court.
(Ordinance 202308-05-118 adopted 8/7/2023)
The municipal clerk or court administrator shall keep a docket
in which they shall enter the proceedings in each trial, which docket
shall show:
(1)
The style of the action;
(2)
The nature of the offense charged;
(3)
The date the warrant was issued, and the return made thereon;
(4)
The time when the examination of the trial was had, and, if
a trial, whether it was by a jury or by the court;
(5)
The verdict of the jury, if any;
(6)
The judgment and sentence of the court;
(7)
Motion for new trial, if any, and the decision thereon;
(8)
If an appeal was taken; and
(9)
The time when, and the manner in which, the judgment and sentence
was enforced.
(Ordinance 202308-05-118 adopted 8/7/2023)
(a)
Duties of clerk.
The municipal clerk or court
administrator shall receive, prepare and file all complaints.
(b)
Form.
All proceedings in the municipal court shall
be commenced by a complaint which shall begin, "In the name and by
the authority of the State of Texas," and shall conclude, "Contrary
to the ordinances of the City of New Fairview, and contrary to the
statutes in such cases made and provided, and against the peace and
dignity of the State." Such complaint may be sworn to before any person
authorized by law to administer oaths or before the judge, clerk of
the court, city secretary or city attorney, each of whom for that
purpose shall have the power to administer authority (oaths).
(c)
Contents.
The complaint shall state;
(1)
The name of the accused, if known, and if unknown shall describe
him as accurately as practicable;
(2)
The offense with which he is charged, in plain and intelligible
words;
(3)
That the offense was committed in the county in which the complaint
is made; and
(4)
It must show, from the date of the offense stated therein, that
the offense is not barred by limitation.
(Ordinance 202308-05-118 adopted 8/7/2023)
If the defendant named in a complaint filed in the municipal
court of the city is not in the custody of an officer or other person
authorized to make an arrest, a warrant shall be issued by the judge
of such court, directed to any police officer, commanding any police
officer to forthwith arrest the person named or described therein
and to bring the person named or described therein before the judge
of such court for a hearing upon the complaint.
(Ordinance 202308-05-118 adopted 8/7/2023)
All cases coming before the municipal court shall be tried and
disposed of in open court.
(Ordinance 202308-05-118 adopted 8/7/2023)
(a)
The complaint shall be read to the defendant, who shall plead
thereto, and the plea shall be entered upon his docket by the judge
of the municipal court. All pleas must be made to such judge by the
defendant or his legal representative.
(b)
Should the defendant plead guilty before such municipal court,
the judge thereof shall thereupon enter the plea on the judge's
docket and assess such fine and costs as may be authorized by law
or by the ordinances of the city. If a plea of not guilty shall be
entered to the complaint, a trial shall be held, either by the court
or by a jury, as the defendant may elect.
(Ordinance 202308-05-118 adopted 8/7/2023)
Judgment shall be rendered in the municipal court for dismissal
or for a fine and costs as the facts may appear.
(Ordinance 202308-05-118 adopted 8/7/2023)
Jurors in the municipal court who serve in the trial of cases
in such court shall receive no less than six dollars ($6.00) in each
case in which they sit as jurors, provided that no juror in such court
shall receive more than thirty dollars ($30.00) for each day or fraction
of a day he may so serve as such juror. All persons responding to
the process of the court but who are excused by the court from jury
service for any cause, after being tested on their voir dire, shall
receive six dollars ($6.00). The amount due jurors shall be paid by
the city treasurer upon the certificate of the municipal court clerk
or court administrator, which certificate shall state the service,
when rendered, by whom rendered and the amount due therefor.
(Ordinance 202308-05-118 adopted 8/7/2023)
There shall be taxed against each defendant convicted by a jury
in the municipal court of the city the same jury fees.
(Ordinance 202308-05-118 adopted 8/7/2023)
(a)
Established.
Pursuant to powers granted by article 102.017
of the Code of Criminal Procedure, a municipal court building security
fund is hereby established for the city.
(b)
Method of funding; fee established.
All defendants that
are convicted of nonjailable misdemeanor offenses in the municipal
court of record shall pay a local consolidated fee, a portion of which
shall fund the municipal court building security fund.
(c)
Collection and credit of funds; use of funds.
The clerk
of the court will collect the costs and cause such to be deposited
to the credit of the city municipal court for credit in a fund to
be known as the municipal court building security fund. This fund
may be used only to finance security services for the municipal court
building that are listed in subsections (1) through (13) of article
102.017(c) of the Code of Criminal Procedure.
(d)
Administration.
The fund created herein shall be administered
by or under the direction of the city council.
(Ordinance 1998-11-0020 adopted 8/10/98; Ordinance 202308-03-116 adopted 8/7/2023c)
(a)
All defendants that are convicted of nonjailable misdemeanor
offenses, including a criminal violation of a municipal ordinance,
in the municipal court of record shall pay court costs in accordance
with section 134.103(a) of the Texas Local Government Code, as amended,
in addition to all other costs, on conviction.
(b)
A person is considered convicted in a case if:
(1)
The court enters a judgment, a sentence, or both a judgment
and a sentence are imposed on the person;
(2)
The court orders and the person receives community supervision,
deferred adjudication, or deferred disposition; or
(3)
The court defers final disposition of the case or imposition
of the judgment and sentence.
(c)
The court administrator or municipal court clerk shall collect
the costs and pay the funds to the municipal treasurer, or to any
other official who discharges the duties commonly delegated to the
municipal treasurer.
(d)
The municipal treasurer shall allocate the court costs received
under this section in accordance with section 134.103 of the Texas
Local Government Code, as amended.
(Ordinance 202308-03-116 adopted 8/7/2023)
(a)
There is hereby created a municipal court technology fund in
accordance with Texas Code of Criminal Procedure article 102.0172,
as amended.
(b)
All defendants that are convicted of nonjailable misdemeanor
offenses in the municipal court of record shall pay a local consolidated
fee, a portion of which shall fund the municipal court technology
fund.
(c)
The municipal court technology fund may be used only to finance
the purchase of or to maintain technological enhancements for the
municipal court of record, including:
(d)
The municipal court technology fund shall be administered by
or under the direction of the city council.
(a)
There is hereby created a local truancy prevention and diversion
fund as authorized by section 133.125 of the Texas Local Government
Code, as amended, and article 45.056 of the Texas Code of Criminal
Procedure, as amended.
(b)
All defendants that are convicted of a nonjailable misdemeanor
offense in the city municipal court of record shall pay a local consolidated
fee, a portion of which shall fund the local truancy prevention and
diversion fund.
(c)
This local truancy prevention and diversion fund may be used
only to finance the salary, benefits, training, travel expenses, office
supplies, and other necessary expenses relating to the position of
the juvenile case manager that is employed by the city municipal court
of record under V.T.C.A., Code of Criminal Procedure, art. 45.056.
If there is money in the fund after those costs are paid, subject
to the direction of the city council, a juvenile case manager may
direct the remaining money to be used to implement programs directly
related to the duties of the juvenile case manager, including juvenile
alcohol and substance abuse programs, educational and leadership programs,
and any other projects designed to prevent or reduce the number of
juvenile referrals to the court.
(d)
The local truancy prevention and diversion fund shall be administered
by, and under the direction of, the city council. Upon further approval
of the city council, the city municipal court of record may employ
one (1) or more full-time or part-time juvenile case managers to assist
the court in administering the court's juvenile docket and in
supervising its court orders in juvenile cases.
(Ordinance 202308-03-116 adopted 8/7/2023)
There is hereby a warrant fee of $25.00 for an offense under
section 38.10(e), Penal Code, or section 543.009, Transportation Code,
as authorized by article 45.203 of the Code of Criminal Procedure,
as amended. Money collected shall be paid into the municipal treasury
for the use and benefit of the municipality.
(Ordinance 202308-03-116 adopted 8/7/2023)
(a)
There is hereby created a municipal jury fund as authorized
by Local Government Code, section 134.154.
(b)
All defendants that are convicted of a fine-only misdemeanor
offense in the city municipal court of record shall pay court costs,
a portion of which shall fund the municipal jury fund.
(c)
This jury fund may be used only to fund juror reimbursements
and otherwise finance jury services under Local Government Code, section
134.154.
(d)
The jury fund shall be administered by and under the direction
of the city council.
(Ordinance 202308-03-116 adopted 8/7/2023)
(a)
There is created a juvenile case manager fee, as set forth in
the Tex. Code of Crim. Procedure, art. 102.0174.
(b)
A defendant convicted of a fine-only misdemeanor offense in
municipal court shall pay juvenile case manager fee, not to exceed
$5.00, as a court cost. The fee does not apply to parking citations.
For purposes of this section, a person is considered to be convicted
if:
(c)
The municipal court Judge is authorized to waive the juvenile
case manager fee in cases of demonstrated financial hardship on the
part of a convicted defendant. For example, the municipal court judge
may waive the fee if the judge has determined that the defendant is:
indigent; has insufficient resources or income to pay the fee; or,
is otherwise unable to pay all or part of the underlying fine or costs.
(d)
The municipal court clerks shall collect the fee and pay it
to the city treasurer as applicable, or to any other official who
discharges the duties commonly delegated to the municipal treasurer
for deposit in the juvenile case manager fund.
(e)
The fund may be used only to finance the salary and benefits
of a juvenile case manager that is employed by the municipal court
under Tex. Code of Crim. Procedure, art. 45.056.
(f)
Upon approval of the city council, the municipal court may employ
one or more full-time juvenile case managers to assist the court in
administering the court's juvenile docket and in supervising
its court orders in juvenile cases.
(g)
The fund shall be administered by or under the direction of
the city council as required by section 102.0174 of the Texas Code
of Criminal Procedure.
(h)
The juvenile case manager fee shall be charged to and applied
only to conduct that occurs on or after adoption of this article.
(Ordinance 202308-03-116 adopted 8/7/2023)
The municipal court is hereby authorized and directed to access
and collect any and all other costs, fees and fines authorized or
required under any applicable statutory provision including, without
limitation, provisions of the Texas Local Government Code, Texas Code
of Criminal Procedure or Texas Transportation Code that is, or shall
become, effective on or after the effective date of this division.
(Ordinance 202308-03-116 adopted 8/7/2023)
In accordance with article 103.0031 of the Texas Code of Criminal
Procedure, there is hereby imposed an additional fee of thirty percent
(30%) on all debts and accounts receivable, i.e., fines, fees, court
costs, restitution, and other debts, that are more than sixty (60)
days past due and have been referred to a private firm for collection.
(Ordinance 202308-03-116 adopted 8/7/2023)
