Editor's note—Former Ch. 12 pertained to similar provisions and derived from Ordinance 1302; Ordinance 2224, 12/16/1971; Ordinance 2825, 1/22/1976; and Ordinance 2985, 7/28/1977.
There are municipal courts of record established, pursuant to Texas Government Code Chapter 30 Subchapter A-1 and its successors which is incorporated in this chapter in full for all purposes, for the city, known as the Irving Municipal Court of Record No. 1 and the Irving Municipal Court of Record No. 2. The municipal courts of record have the jurisdiction, powers and duties given to and prescribed for them by the laws of the state, the charter of the city, and city ordinances. Any reference in the charter and in this and any other ordinance of the city to a corporation court or a municipal court means an Irving municipal court of record.
(Ordinance 6712, § 1, adopted 12/7/1995)
The city council shall appoint judges for the municipal courts of record, including a chief judge, for a term of two (2) years beginning on the effective date of the ordinance establishing the Irving municipal courts of record. The municipal court of record judges shall be attorneys in good standing in the state with more than two (2) years of experience in the practice of law in Texas. They shall be citizens of the state and of the United States and qualified voters of the city. The municipal court of record judges may exchange benches and may sit and act for one another in any proceeding pending in the courts of record. An act performed by any municipal court of record judge is binding on all parties to the proceeding.
(Ordinance 6712, § 1, adopted 12/7/1995)
The city manager may appoint a clerk of the municipal court of record who may hire, direct and remove the personnel authorized in the city's annual budget for the municipal courts of record. The clerk and the clerk's deputies and assistants may keep the records of the municipal court of record, issue process, and generally perform the duties for the courts that a clerk, bailiffs, marshals, and other personnel of the county court exercising criminal jurisdiction are required and empowered by law to perform for that court. The clerk shall perform his or her duties in compliance with state and federal statutes, the city charter and city ordinances.
(Ordinance 6712, § 1, adopted 12/7/1995)
The court administrator shall appoint as many city marshals as are deemed necessary for the work of the court and which are within budgetary considerations established by the Irving City Council. Each city marshal shall meet all qualifications necessary to be certified as peace officers by the Texas Commission on Law Enforcement Officers Standards and Education.
(Ordinance 8912, § 1, adopted 2/7/2008)
(a) 
The city shall provide a court reporter for the purpose of preserving a record in cases tried before the municipal courts of record. The clerk of the court shall appoint the court reporter who must meet the qualifications provided by law for official court reporters.
(b) 
The court reporter 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 shall keep the record for the twenty-day period beginning the date after the last day of the court proceeding, trial or denial of the motion for new trial, whichever occurs last.
(c) 
The court reporter is not required to record testimony in a case unless the judge or one of the parties requests a record. A party's request for a record shall be in writing and shall be filed with the court before the proceeding he or she wants recorded. The judge shall tell the defendant that unless the proceeding is recorded, the defendant waives the right to appeal.
(d) 
The court clerk may have proceedings in the municipal court of record recorded by a good quality electronic recording device. If the court clerk authorizes the electronic recording, the court reporter need not be present at the proceeding. The recording shall be kept and stored for a twenty-day period beginning the day after the last day of the proceeding, trial or denial of a motion for a new trial, whichever occurs last. The proceedings that are appealed shall be transcribed from the recording by an official court reporter.
(Ordinance 6712, § 1, adopted 12/7/1995)
All prosecutions in the municipal court of record must be conducted by the city attorney, an assistant city attorney, or an attorney designated by the city attorney as a special prosecutor.
(Ordinance 6712, § 1, adopted 12/7/1995)
A person who is brought before a municipal court of record and who is charged with an offense is entitled to be tried by a jury of six (6) persons unless he or she waives that right. The jury shall assess the fine in a case in which it finds the defendant guilty unless the defendant or the state asks the judge to assess the fine.
(Ordinance 6712, § 1, adopted 12/7/1995)
Editor's note–Former section 12-7 pertaining to the municipal court building security fee, was repealed by Ordinance 2024-11011 adopted 10/3/2024. Prior to the deletion this section derived from the following: Ordinance 6721, § 1, adopted 12/21/1995; Ordinance 7050, § 1, adopted 6/17/1997.
Editor's note–Former section 12-8 pertaining to the municipal court technology fee and deriving from Ordinance 7522, § 1, adopted 8/26/1999, was repealed by Ordinance 2024-11011 adopted 10/3/2024.
(a) 
An additional collection fee as established by a resolution of the city council on each of the following items is authorized if the item is more than sixty (60) days past due and has been referred to the attorney or vendor for collection:
(1) 
Debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the municipal court for the city of or a hearing officer serving the city of under V.T.C.A., Transportation Code ch. 682; and
(2) 
Amounts in cases in which the accused has failed to appear:
a. 
As promised under V.T.C.A., Transportation Code ch. 543, subchapter A, or other law;
b. 
In compliance with a lawful written notice to appear issued under article 14.06(b) [of the Texas Code of Criminal Procedure] or other law;
c. 
In compliance with a lawful summons issued under article 15.03(b) [of the Texas Code of Criminal Procedure] or other law;
d. 
In compliance with a lawful order of a court serving the county or municipality; or
e. 
As specified in a citation, summons, or other notice authorized by the V.T.C.A., Transportation Code § 682.002 that charges the accused with parking or stopping offense.
(b) 
With respect to cases described by subsection (a)(2) above, the amount to which the thirty (30) percent collection fee applies is:
(1) 
The amount to be paid that is communicated to the accused as acceptable to the court under its standard policy for resolution of the case; or
(2) 
The amount ordered paid by the court after plea or trial.
(c) 
An item subject to collection services and the collection fee under this section is considered more than sixty (60) days past due under subsection (a) if it remains unpaid on the sixty-first day after the following appropriate date:
(1) 
With respect to an item described by subsection (a)(1), the date on which the debt, fine, fee, forfeited bond, or court cost must be paid in full as determined by the court or hearing officer; or
(2) 
With respect to an item described by subsection (a)(2), the date by which the accused promised to appear or was notified, summoned, or ordered to appear.
(d) 
A defendant is not liable for the collection fees authorized under this section if the court of original jurisdiction has determined the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs.
(e) 
If the city has entered into a contract for collection services and a person pays an amount that is less than the aggregate total to be collected under the contract and including the collection fee, then the allocation to the comptroller, the county or municipality, and the private attorney or vendor shall be reduced proportionately.
(f) 
The collection fee does not apply to the collection of commercial bail bonds.
(g) 
Time served and community service.
The collection fee may be applied to any balance remaining after a partial credit for time served or community service if the balance is more than sixty (60) days past due.
(h) 
Calculation of collection fee.
Unless the contract with the collecting entity provides otherwise, the Irving Municipal Court shall calculate the amount of any collection fee due to the city or to the private attorney or public or private vendor performing the collection services and shall receive all fees, including the collection fee.
(Ordinance 2011-9266, § 1, adopted 7/7/2011; Ordinance 2024-11011 adopted 10/3/2024)
(a) 
There is hereby created a juvenile case manager fee, as authorized by Articles 102.0174 and 45.056 of the Texas Code of Criminal Procedure. The fee shall be in the amount of $5.00.
(b) 
Except as otherwise herein provided, a defendant who is convicted of a fine-only misdemeanor offense in municipal court shall pay the fee as a cost of court. A person is considered convicted of an offense if:
(1) 
Judgment, sentence, or both are imposed on the person;
(2) 
The person is placed on deferred disposition; or
(3) 
The court defers final disposition or imposition of the judgment and sentence.
(c) 
The municipal judge may waive the fee in cases of demonstrated financial hardship on the part of a convicted defendant if 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) 
All fees collected by the municipal court shall be deposited into the juvenile case manager fund established under this chapter.
(e) 
The fund may be used only to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses relating to the position of a juvenile case manager that is employed by the municipal court under Article 45.056(a) of the Texas Code of Criminal Procedure. The fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.
(Ordinance 2013-9507, § 1, adopted 9/19/2013)