(a)
In accordance
with the provisions of the city Charter and applicable state law,
there is hereby created the municipal court of record in the City
of McAllen, Texas. The municipal court of record shall be comprised
of as many divisions as the city commission deems necessary.
(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
this Code of Ordinances, it shall mean the municipal court of record
in the City of McAllen, Texas, created under this chapter. Any provision
of the city Charter, 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 or inconsistent
with V.C.T.A. Government Code, chs. 29 or 30, as amended, which governs
the municipal courts of record.
(1966 Code, § 12-1; Ordinance 2022-96, § I, adopted 8/22/2022)
(a)
The municipal
court of record shall have jurisdiction within the city with the power
to hear and determine all cases of violation of this Code, the ordinances
of the city, and all other cases of which the municipal courts are
given jurisdiction by the Charter and state law.
(b)
The municipal
court of record shall also have:
(1)
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;
(2)
Civil
jurisdiction for the purpose of enforcing municipal ordinances enacted
under V.T.C.A. Local Government Code, subch. A, ch. 214, or V.T.C.A.
Transportation Code, subch. E, ch. 683, as amended;
(3)
Concurrent jurisdiction with a district court or a county court at law under V.T.C.A. Local Government Code, subch. B, ch. 54, within the City of McAllen's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and
(1966 Code, § 12-2; Ordinance 2022-96, § I, adopted 8/22/2022)
(a)
The municipal
court of record is presided over by the presiding municipal judge
who shall be appointed by the city commission by ordinance for a term
of four years and who must at minimum be: a resident of this state;
a citizen of the United States; an attorney licensed in the State
of Texas and in good standing with the State Bar of Texas; and have
two or more years of experience in the practice of law in Texas.
(b)
The municipal
court judge appointed by the board of commissioners shall be known
as the "presiding judge." Any alternate municipal court judge appointed
under the city Charter shall be known as and serve as an "associate
municipal judge." Associate municipal judges shall meet the same qualifications
as the presiding municipal judge.
(c)
The presiding
judge and associate municipal judges appointed hereunder are entitled
to receive compensation and other benefits as set by the city commission.
(d)
The compensation
of the presiding judge and associate municipal judges may not be diminished
during the term of office and may not be based directly or indirectly
on fines, fees, or costs collected by the court.
(e)
A judge
of the municipal court of record may be removed from office at any
time by the city commission for any reason and by the procedures provided
by the city Charter or as provided by section 1-a, Article V, Texas
Constitution, or by the procedure provided for the removal of members
of a municipal governing body in V.T.C.A. Local Government Code, subch.
B, ch. 21.
(f)
If a
vacancy occurs in the office of the presiding judge or associate municipal
judge, the city commission shall appoint a qualified person to fill
the office for the remainder of the unexpired term.
(g)
The presiding
judge and any associate municipal judge, prior to taking office, shall
take the requisite oath of office required by the constitution and
state law to be taken by the mayor.
(h)
The presiding
judge may assign an associate municipal judge to act for the presiding
judge who is temporarily unable to act for any reason. An associate
municipal judge has all of the powers and duties of the office of
presiding judge while acting for the presiding judge.
(i)
The presiding
judge and the associate municipal judges have all other powers and
duties assigned to a municipal judge by the city Charter, other city
ordinance, V.T.C.A. Government Code, chs. 29 and 30, Chapter 45 of
the Code of Criminal Procedure, or other state law.
(j)
The presiding
judge and associate municipal judges may grant writs of mandamus,
attachment, or other writs necessary to the enforcement of a jurisdiction
of the court and may issue writs of habeas corpus in cases in which
the offense charged is within the jurisdiction of the court. A municipal
judge is a magistrate and may issue administrative search warrants.
(k)
An acceptance
of an appointment to serve as either the presiding judge or an associate
municipal judge by an elected official of the McAllen City Commission
or McAllen Public Utility Board of Trustees shall be considered an
immediate and automatic resignation from their elected office.
(1966 Code, §§ 12-3, 12-4; Ordinance 2022-96, § I, adopted 8/22/2022)
(a)
Appointment.
There is hereby created by the board of commissioners the office
and position of the municipal court clerk and municipal court deputy
clerks of the municipal court of record, who shall be appointed by
the presiding judge of the municipal court. The municipal court clerk
shall be known as the court administrator. The court administrator
and other court personnel perform their duties under the direction
and control of the presiding judge. The board of commissioners may
provide deputy clerks, warrant officers, and other personnel as needed
for the proper operation of the courts.
(b)
Powers
and duties.
The clerk, and the deputy clerks, of the
court shall perform all the duties and have all the powers bestowed
upon the clerks of municipal courts by state law and by the city Charter.
The clerk or a deputy clerk shall keep and preserve the records of
the municipal court of record, issue process, and generally perform
the duties that a clerk of a county court exercising criminal jurisdiction
is required by law to perform for that court. The clerk shall also
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.
(1966 Code, § 12-5; Ordinance 2022-96, § I, adopted 8/22/2022)
The city attorney shall be the prosecuting attorney for the
municipal court.
(1966 Code, § 12-6)
The municipal court shall meet on each Monday morning at the
McAllen Public Safety Building, and shall remain in session for one
week.
(1966 Code, § 12-7)
The municipal court shall have a seal with a star of five points
in the center and the words "Municipal Court in McAllen, Texas."
(1966 Code, § 12-8)
The rules of practice and procedure as prescribed by state law
governing trials in the state justice of the peace courts shall govern
the procedure and practice of the municipal court; and the board of
commissioners may prescribe such additional rules of practice and
procedure as may not be inconsistent with state law.
(1966 Code, § 12-10)
The chief of police, or his assistant in charge of police headquarters,
is hereby authorized to allow and fix the amount of bonds in accordance
with state law, for any person who has been arrested and brought to
the city police station, charged and accused with the commission of
a misdemeanor. Such officer shall fix and set such bonds in such sum
as will tend to ensure the appearance of the accused at the next call
of the docket of the municipal court or at such time as may be agreed
upon and determined.
(1966 Code, § 12-11)
Any bond may be in writing, signed by one or more sureties and
in statutory form, or may be in cash deposited with the police department,
to be returned to the accused upon disposal of the charge against
him, under terms and conditions entitling him to return thereof, or
to be turned over to the judge of the municipal court.
(1966 Code, § 12-12)
At the time any cash bond is deposited, there shall be issued
to the party so depositing such cash bond a receipt therefor, which
receipt shall be returned to the department or judge of the municipal
court whenever such money is returned to the accused or his bondsman;
provided, however, the city shall have a first lien on such money
for any fine and/or costs assessed against the accused or principal
for whom such deposit was deposited. Such receipt shall be in the
manner and form as prescribed by the municipal court judge of the
city.
(1966 Code, § 12-13)
(a)
At the
time the cash bond is deposited with the police department, the accused
shall likewise sign and deliver to such department, or some police
officer therewith, an agreement in writing to the effect that he will
appear in the municipal court on a day certain, at the time set out
in such agreement, for trial of the offense with which he may be charged
in such court, and that in the event he fails to appear to answer
such charge, judgment may be entered on the minutes of such court,
without notice or service of citation, declaring such cash bond forfeited
to the city. When such cash bond shall have been declared so forfeited,
such cash bond shall be paid over to the city secretary by the judge
or the police department.
(b)
The written agreement provided for in subsection (a) of this section shall read substantially as follows:
|
STATE OF TEXAS )
|
|
COUNTY OF HIDALGO )
|
|
I, the undersigned, having this day deposited the sum of $__________
as cash bail bond with the City of McAllen, Texas, on the _______
day of ___________, 20______, to answer a complaint charging me with
a misdemeanor, to wit: the said court may, by an order or a judgment,
without further notice to me of any kind, forfeit the cash bail deposited
in my behalf as principal or enter a plea of nolo contendere to said
complaint and apply said cash bail bond toward the payment of any
fine and costs assessed against me.
|
|
Name of Party Charged
|
(1966 Code, § 12-14)
Any person who may be charged with a misdemeanor in the municipal
court, when he does not or cannot make personal appearance to make
a plea in such case, and when he desires to plead guilty to such charge,
may, within the discretion of the judge of such court, by an instrument
in writing, addressed to the court, plead guilty, and/or cause a plea
of guilty to be entered in his behalf. After such plea of guilty has
been accepted and entered by the court, the court shall render judgment
on such plea and enter a fine or penalty for such violation as charged
against the defendant.
(1966 Code, § 12-15)
All pleas of guilty on behalf of any defendant, entered or accepted
by the court during the absence from the court of the defendant, shall
be by attorney duly representing such defendant or pursuant to an
instrument in writing, substantially in the following form:
|
To the judge of the municipal court of the City of McAllen,
Texas, I hereby plead guilty to, and authorize this court to enter
a plea of guilty in my behalf, to the offense of misdemeanor, to wit:
|
|
with which I am charged before said court. I further authorize
said court to apply any cash bond money heretofore deposited by me
towards the payment of said fine and costs assessed against me.
|
|
Defendant
|
(1966 Code, § 12-16)
(a)
Municipal
court building security fund.
There is hereby created
a municipal court building security fund. The McAllen Municipal Court
Clerk shall deposit the court costs collected under (b) below into
such fund. Such fund shall only be used to pay for those items otherwise
authorized under city budget process and as set out under Art. 102.017(d),
Code of Criminal Procedures.
A defendant convicted of a misdemeanor offense in municipal
court shall pay a $3.00 security fee as an additional cost of court.
A person is considered to be convicted if:
(b)
Municipal
court technology fund.
There is hereby created a municipal
court technology fund. The McAllen Municipal Court Clerk shall deposit
the court costs collected under this subsection into such fund. Such
fund shall only be used to pay for those items otherwise authorized
under City budget process and as set out under Art. 102.0172 of the
Code of Criminal Procedures.
A defendant convicted of a misdemeanor offense in municipal
court shall pay a $4.00 technology fee as an additional cost of court.
A person is considered to be convicted if:
(1966 Code, § 12-17; Ordinance 1999-44, § 1, adopted 4/26/1999[1]; Ordinance 1999-82, § 1,
adopted 9/28/1999; Ordinance
2001-39, § 1, adopted 6/11/2001)
[1]
Editor's note—This ordinance also repealed former § 34-15,
which pertained to fees to be paid to peace officers.
There is hereby created the warrant office for the city, which
office shall be comprised of the chief warrant officer and one or
more deputy warrant officers as determined by the chief of police.
The positions shall be staffed by city police officers and shall be
under the direction and control of the chief of police. The chief
warrant officer shall, in person or by deputy, promptly and faithfully
execute all writs and processes issued from the municipal court and
carry out all orders and requests from the municipal court judge.
(1966 Code, § 12-18)
Upon request of the judge or upon written request of one of
the parties to a trial, proceedings of the municipal court of record,
limited to trial testimony and hearings on motions before the court,
shall be recorded. Court proceedings shall be recorded by a good quality
electronic recording device. A court reporter is not required to be
present to certify the reporter's record. The recording 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. If a case is appealed, the proceedings shall be transcribed
from the recording by an official court reporter.
(Ordinance 2022-96, § I,
adopted 8/22/2022)
(a)
A defendant
has the right of appeal from a judgment or conviction in the municipal
court of record. The state has the right to an appeal as provided
by Article 44.01, Texas Code of Criminal Procedure, as amended.
(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, if any, prepared
from the proceedings leading to the conviction or appeal. An appeal
from the municipal court of record may not be by trial de novo.
(c)
To perfect
an appeal, the appellant must file a written motion for new trial
with the municipal clerk not later than ten days after the date on
which the judgment and sentence are rendered. 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 court at any time
before action on the motion is taken, but not later than the twentieth
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 90 days from the original filing
deadline. If the court does not act on the motion before the expiration
of the 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 not later
than the tenth 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 90 days from the original filing date.
(e)
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 tenth 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.
(f)
The
appeal bond must be in the amount of $100.00 or double the amount
of the fines and costs adjudged against the defendant, whichever is
greater.
(h)
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 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.
(i)
The
appellant shall pay for any reporter's record containing a transcription
of the proceedings unless the court finds, after a hearing in response
to an affidavit by the defendant, that the defendant is unable to
pay or provide security for the reporter's record. If the court so
finds, the costs of transcription shall be assessed to and paid by
the court, without charge to the defendant. Before the recorded proceedings
are transcribed, the defendant shall, unless found by the court to
be unable to pay for the reporter's record, post a cash deposit with
the municipal court for the estimated cost of the record. The cash
deposit shall be based on an estimate provided by the court reporter
or the length of proceedings as indicated by the amount of tape used
to electronically record the proceedings, if any, the cost of the
court reporter, typing, and other incidental services. The municipal
court may post a current schedule of the charges for transcription
fees, including deposits. If the cash deposit exceeds the actual cost
of the reporter's record, the court reporter shall refund the difference
to the defendant. If the cash deposit is insufficient to cover the
actual cost of the transcription, the defendant must pay the additional
amount to the court reporter before the transcription may be submitted.
If a case is reversed on appeal, the court shall promptly refund to
the defendant any amounts paid for the reporter's record.
(j)
The
record on appeal must substantially conform to the provisions relating
to the preparation of a record on appeal in the Texas Rules of Appellate
Procedure and the Texas Code of Criminal Procedure, as amended.
(Ordinance 2022-96, § I,
adopted 8/22/2022)
