The city council hereby establishes the Hudson Oaks Municipal Court as a municipal court of non-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 court shall exist for the disposition of misdemeanor criminal matters arising within its jurisdiction under the laws of the state, this code, or any other ordinances of the city.
This municipal court of record is established pursuant to the authority granted in chapter 29, of the Government Code of the state, and the terms set forth therein are hereby adopted governing the operation of said court.
The judge of the municipal court of non-record in the city shall be appointed by the city council by ordinance for a term of two (2) years. The judge must be a citizen of the United States and a resident 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.
If a vacancy occurs in the office of the municipal judge, 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 as an associate judge 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 associate judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge. An associate judge must meet the qualifications prescribed for the municipal judge. The city council shall set the compensation for the associate judge.
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 city administrator.
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.
The city Administrator shall appoint a clerk of the municipal court of non-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 city administrator 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.