(a) There
is hereby created the “Municipal Court of Record in the City
of Liberty Hill, Texas.” The municipal court of record shall
be comprised of as many divisions as the city council deems necessary.
The municipal court that is operating on the date that this ordinance
is adopted shall complete its pending cases and be abolished, and
all cases arising from alleged actions or inactions occurring after
the date of the adoption of this ordinance shall be filed within the
new municipal court of record for disposition.
(b) The
court shall have no term and may sit at any time for the transaction
of business of the court. Where the term “municipal court”
is used in the city’s Code of Ordinances, it shall mean the
municipal court of record created herein. Any provision of the city
ordinances or state law that is applicable to a municipal court shall
be applicable to the municipal court of record created herein unless
the provision is in conflict with or inconsistent with chapter 29
or 30 of the Texas Government Code, as amended, which govern municipal
courts of record.
(Ordinance 17-O-03, sec. 7.01.001,
adopted 2/27/2017)
(a) The
court has all such jurisdiction as is provided to municipal courts
by section 29.003, Texas Government Code.
(b) The
court has concurrent jurisdiction with a justice court in any precinct
in which the municipality is located in criminal cases that arise
within the territorial limits of the city and are punishable by fine
only.
(c) The
court has civil jurisdiction for the purpose of enforcing municipal
ordinances enacted under subchapter A, chapter 214, Texas Local Government
Code, or subchapter E, chapter 683, Texas Transportation Code.
(d) The
court has concurrent jurisdiction with a district court or a county
court at law under subchapter B, chapter 54, Texas Local Government
Code, within 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.
(e) The
court has authority to issue:
(1) Search warrants for the purpose of investigating a health and safety
or nuisance abatement ordinance violation; and
(2) Seizure warrants for the purpose of securing, removing, or demolishing
the offending property and removing the debris from the premises.
(Ordinance 17-O-03, sec. 7.01.002,
adopted 2/27/2017)
(a) The
municipal court of record shall be presided over by a judge, who shall
be known as the “municipal judge.” The judge shall be
appointed by the city council for a term of two (2) years and shall
be entitled to a salary set by the city council. The amount of the
judge’s salary may not be diminished during the judge’s
term of office. The salary may not be based directly or indirectly
on fines, fees, or costs collected by the court.
(b) Upon
the adoption of this ordinance, the current presiding judge of the
municipal court of the city shall become the judge of the municipal
court of record in the city. The initial term shall expire two years
from the date of his/her last appointment by the city council as judge
of the municipal court. At the conclusion of the initial term described
herein, all succeeding terms of the municipal judge shall be two (2)
years from the date of the last appointment by the city council.
(c) The
municipal judge must:
(1) Be a citizen of the United States;
(2) Be a resident of this state;
(3) Be a licensed attorney in good standing;
(4) Have two (2) or more years of experience in the practice of law in
this state; and
(5) Reside within one (1) hour or a fifty (50) mile radius of the city.
(d) A
person may not serve as a municipal judge if the person is otherwise
employed by the municipality. A municipal judge who accepts other
employment with the municipality vacates the judicial office.
(e) If
a vacancy occurs in the office of municipal judge, the city council
shall adopt an ordinance appointing a qualified person to fill the
office for the remainder of the unexpired term.
(f) There
may also be alternate judges appointed by the city council, subject
to the same qualifications, who shall have all the powers and shall
discharge all the duties of a municipal judge while serving as municipal
judge. In the event of the appointment of any such alternate judge,
the regular municipal judge shall be titled and known as “presiding
judge.” Each alternate judge shall be appointed for a term of
two (2) years. If the presiding judge is temporarily absent due to
illness, family death, continuing legal or judicial education programs,
or any other reason, he/she shall select one of the alternate judge(s)
to serve during his/her absence.
(g) The
municipal judges may exchange benches and act for each other in any
proceeding pending in the court. An act performed by any of the judges
is binding on all parties to the proceeding.
(h) The
municipal judge(s) shall take judicial notice of state law and the
ordinances and corporate limits of the municipality.
(i) The
judge(s) of the municipal court may grant writs of mandamus, injunction,
attachment, and other writs necessary to the enforcement of the court’s
jurisdiction and may issue writs of habeas corpus in cases in which
the offense charged is within the jurisdiction of the court.
(j) A
municipal judge is a magistrate and may issue administrative search
warrants.
(k) A
municipal judge may be removed from office by the city council:
(1) As provided by section 1-a, article V, Texas Constitution; or
(2) For the reasons and by the procedure provided in subchapter B, chapter
21, Texas Local Government Code.
(Ordinance 17-O-03, sec. 7.01.003,
adopted 2/27/2017)
The Code of Criminal Procedure and the Texas Rules of Appellate
Procedure, as modified by chapter 30, Texas Government Code, govern
the trial of cases before the municipal court of record. The court
may make and enforce all rules of practice and procedure necessary
to expedite the trial of cases before the court that are not inconsistent
with law.
(Ordinance 17-O-03, sec. 7.01.004,
adopted 2/27/2017)
(a) The
city council shall appoint a clerk of the court, who may also be known
as the court administrator, and other court personnel, including at
least one bailiff, as necessary for the proper operation of the court.
(b) The
clerk shall keep the court records, issue process, and generally perform
the duties for the court that a clerk of the county court at law exercising
criminal jurisdiction is required by law to perform 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 clerk shall perform
the duties in accordance with statutes and city ordinances.
(c) The
clerk shall perform the following duties as well as any other duties
that may be determined by the city council:
(1) Prepare and maintain accurate dockets and minutes for each municipal
court of record created under this article;
(2) Have custody of all documents and papers relating to the business
of the municipal court of record;
(3) Supervise the collection of fines imposed by the municipal court
of record;
(4) Maintain complaints for all cases in the municipal court of record
for which a complaint is required by law;
(5) Be responsible for full and proper accounting of all fines collected
and issue a receipt to a person who pays a fine with cash money;
(6) Preserve the records of the municipal court of record in accordance
with the city’s record’s retention schedule;
(7) Acquire and maintain a seal in conformance with state law for the
municipal court of record in the city;
(8) Supervise the selection of persons for jury service in the municipal
court of record; and
(9) Have all other powers and duties assigned to a court clerk by the
city ordinances, chapters 29 and 30 of the Texas Government Code,
chapter 45 of the Code of Criminal Procedure, and other state law.
(d) The
term of office for the municipal court clerk is two years. If the
office of court clerk, is vacated, regardless of the reason for the
vacancy, the city’s governing body shall appoint a replacement
for the remainder of the unexpired term.
(e) Upon
the adoption of this ordinance, the current municipal court clerk/court
administrator of the city shall become the municipal court clerk of
the municipal court of record in the city. The initial term shall
expire two years from the date of his/her last appointment by the
city council as clerk of the municipal court. At the conclusion of
the initial term described herein, all succeeding terms of the municipal
court clerk/court administrator shall be two (2) years from the date
of the last appointment by the city council.
(Ordinance 17-O-03, sec. 7.01.005,
adopted 2/27/2017)
For the purpose of recording the proceedings and preserving
a record in all cases tried before the municipal court of record,
a good quality electronic recording device shall be used. When the
recording device is used, a court reporter need not be present at
the trial to certify the reporter’s record. Proceedings of the
court that are appealed shall be transcribed from the recording by
an official court reporter. The recording shall be kept and stored
for a 20-day period beginning the day after a final order has been
entered in the proceeding, upon completion of the trial, or after
the denial of motion for a new trial, whichever occurs last. If a
case is appealed, the proceedings shall be transcribed from the recording
by an official court reporter.
(Ordinance 17-O-03, sec. 7.01.006,
adopted 2/27/2017)
(a) The
city council shall provide courtrooms, jury rooms, offices, office
furniture, libraries, law books, and other facilities and supplies
that the city council determines necessary for the proper operation
of the municipal court of record.
(b) The
city council shall provide the municipal court of record with a seal
that contains the phrase “Municipal Court of The City of Liberty
Hill, Texas.” The seal’s use must conform to article 45.012
of the Code of Criminal Procedure.
(Ordinance 17-O-03, sec. 7.01.007,
adopted 2/27/2017)
Proceedings in the municipal court of record shall commence
by complaint, as provided by state law. Complaints and pleadings must
substantially conform to the relevant provisions of chapters 27 and
45, Code of Criminal Procedure.
(Ordinance 17-O-03, sec. 7.01.008,
adopted 2/27/2017)
Prosecution in the municipal court of record shall be conducted
as provided by article 45.201, Code of Criminal Procedure. Prosecution
may be performed by the city attorney or another lawyer designated
as municipal prosecutor/deputy city attorney.
(Ordinance 17-O-03, sec. 7.01.009,
adopted 2/27/2017)
(a) A
person who is brought before the municipal court of record and who
is charged with an offense is entitled to be tried by a jury of six
(6) persons. Trial by jury, including the summoning of jurors, must
substantially conform to chapter 45, Code of Criminal Procedure.
(b) The
court clerk shall supervise the selection of persons for jury service.
(Ordinance 17-O-03, sec. 7.01.010,
adopted 2/27/2017)
(a) A
defendant has the right of appeal from a judgment or conviction in
the municipal court of record. The State of Texas has the right to
appeal as provided by article 44.01, Code of Criminal Procedure.
(b) The
appellate court shall determine each appeal from a municipal court
of record conviction and each appeal from the state on the basis of
the errors that are set forth in the appellant’s motion and
that are presented in the clerk’s record and reporter’s
record prepared from the proceedings leading to the conviction or
appeal. An appeal from the municipal court of record shall not be
by trial de novo.
(c) To
perfect an appeal, the appellant must file a motion for new trial
not later than the 10th day after the date on which the judgment and
sentence are rendered. The motion must be in writing and must be filed
with the clerk of the municipal court of record. The motion must set
forth the points of error of which the appellant complains. The motion
or an amended motion may be amended by leave of the court at any time
before action on the motion is taken, but not later than the 20th
day after the date on which the original or amended motion is filed.
The court may for good cause extend the time for filing or amending,
but the extension may not exceed ninety (90) days from the original
filing deadline. If the court does not act on the motion before the
expiration of the thirty (30) days allowed for determination of the
motion, the original or amended motion is overruled by operation of
law.
(d) To
perfect an appeal, the appellant must also give notice of the appeal.
If the appellant requests a hearing on the motion for new trial, the
appellant may give the notice of appeal orally in open court on the
overruling of the motion. If there is no hearing, the appellant must
give a written notice of appeal and must file the notice with the
court no later than the 10th day after the date on which the motion
is overruled. The court may for good cause extend that time period,
but the extension may not exceed ninety (90) days from the original
filing deadline.
(e) The
fee for the preparation of the clerk’s record, which does not
include the fee the defendant must pay for an actual transcript of
the proceedings, is $25.00. 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 defendant.
(Ordinance 17-O-03, sec. 7.01.011,
adopted 2/27/2017)
(a) If
the defendant is not in custody, the defendant may not take an appeal
until the defendant files an appeal bond with the municipal court
of record. The bond must be approved by the court and must be filed
not later than the 10th day after the date on which the motion for
new trial is overruled. If the defendant is in custody, the defendant
shall be committed to jail unless the defendant posts the appeal bond.
(b) The
appeal bond must be in the amount of $100.00 or double the amount
of fines and costs adjudged against the defendant, whichever is greater.
(c) The
bond must:
(1) State that the defendant was convicted in the case and has appealed;
(2) Be conditioned on the defendant’s immediate and daily personal
appearance in the court to which the appeal is taken; and
(3) Be in the form of either a cash bond, or surety bond naming two or
more good and sufficient sureties as approved by the clerk of the
court.
(d) After
an order overruling a motion for new trial, the defendant shall give
written notice of appeal and pay a fee for the preparation of the
clerk’s record of $25.00 not later than ten (10) days after
the date on which the motion is overruled. The court 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 defendant. The defendant
shall pay the fee for the preparation of the clerk’s record
and the fee for an actual transcription of the proceedings.
(e) The
record on appeal must substantially conform to the provisions relating
to the preparation of a transcript in the Texas Rules of Appellate
Procedure and the Code of Criminal Procedure.
(Ordinance 17-O-03, sec. 7.01.012,
adopted 2/27/2017)
(a) A
reporter’s record included in the record on appeal must substantially
conform to the provisions relating to the preparation of a reporter’s
record in the Texas Rules of Appellate Procedure and the Code of Criminal
Procedure.
(b) The
appellant shall pay for the reporter’s record.
(Ordinance 17-O-03, sec. 7.01.013,
adopted 2/27/2017)
Bills of exception must substantially conform to the provisions
relating to the preparation of bills of exception in the Texas Rules
of Appellate Procedure and the Code of Criminal Procedure.
(Ordinance 17-O-03, sec. 7.01.014,
adopted 2/27/2017)
(a) Not
later than the 60th day after the date on which the notice of appeal
is given or filed, the parties must file the following with the clerk
of the municipal court:
(2) A written description of material to be included in the clerk’s
record in addition to the required material; and
(3) Any material to be included in the clerk’s record that is not
in the custody of the clerk.
(b) On
completion of the record, the municipal judge shall approve the record
in the manner provided for record completion, approval, and notification
in the court of appeals.
(c) After
the court approves the record, the clerk shall promptly forward the
record to the appellate court clerk.
(Ordinance 17-O-03, sec. 7.01.015,
adopted 2/27/2017)
(a) Each
party, on filing the party’s brief on appeal with the appellate
court clerk, shall deliver a copy of the brief to the municipal judge.
(b) The
trial court shall decide from the briefs of the parties whether the
appellant should be permitted to withdraw the notice of appeal and
be granted a new trial by the court. The court may grant a new trial
at any time before the record is filed with the appellate court.
(c) If
the appellate court awards a new trial to the appellant, the case
stands as if a new trial had been granted by the municipal court of
record.
(Ordinance 17-O-03, sec. 7.01.016,
adopted 2/27/2017)
(a) Upon
receipt of the certificate of appellate proceedings from the appellate
court clerk, the clerk of the municipal court of record shall file
the certificate with the papers in the case and note the certificate
on the case docket.
(b) If
the municipal court of record judgment is affirmed, to enforce the
judgment the court may:
(1) Forfeit the bond of the defendant;
(2) Issue a writ of capias for the defendant;
(3) Issue an execution against the defendant’s property;
(4) Order a refund for the defendant’s costs; or
(5) Conduct an indigency hearing at the court’s discretion.
(Ordinance 17-O-03, sec. 7.01.017,
adopted 2/27/2017)
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 17-O adopted 10/10/2017)