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HomeMy WebLinkAboutOrd 197-2005 Repeal & New Municipal Court.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 197-2005 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, REPEALING ORDINANCE NO. 102-90 AND ORDINANCE NO. 96-01; AND AT THE SAME TIME ESTABLISHING THE CITY OF ANNA MUNICIPAL COURT, THE POSITION OF MUNICIPAL COURT JUDGE, AND THE POWERS AND DUTIES OF MUNICIPAL COURT JUDGES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Municipal Court established. This Ordinance creates the City of Anna Municipal Court ("the Court"). Section 2. Jurisdiction, powers and duties. (a) The Court has exclusive original jurisdiction within the City of Anna's territorial limits and property owned by the City of Anna in its extraterritorial jurisdiction in all criminal cases that: (1) arise under: (A) the ordinances of the municipality; or (B) a resolution, rule, or order of a joint board operating an airport under Section 22.074, Transportation Code; and (2) are punishable by a fine not to exceed: (A) $2,000 in all cases arising under municipal ordinances or resolutions, rules, or orders of a joint board that govern fire safety, zoning, or public health and sanitation, including dumping of refuse; or (B) $500 in all other cases arising under a municipal ordinance or a resolution, rule, or order of a joint board. (b) The Court has concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that arise within the municipality's territorial limits or property owned by the municipality located in the municipality's extraterritorial jurisdiction and that: (1) are punishable only by a fine, as defined in Subsection (c); or ORD 197-2005 Amending Municipal Court.doc Page 1 of 5 03/22/2005 (2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction. (c) In this section, an offense which is punishable by "fine only" is defined as an offense that is punishable by fine and such sanctions, if any, as authorized by statute not consisting of confinement in jail or imprisonment. (d) The fact that a conviction in a municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the Court. (e) The Court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction. (f) The Court has all the powers and duties as are now, or as may be, prescribed by state law. Section 3. Municipal Court Judge appointment and qualifications. (a) Upon the City Manager's recommendation, the City Council may appoint or reject by the affirmative vote of a majority of the full membership of the City Council one or more Municipal Judge(s) of the Court as may be necessary. (b) A person appointed must be a competent, duly qualified attorney licensed and practicing for at least two years in the State of Texas. (c) However, in the event a duly qualified attorney is not available, the City Council may then select the most qualified person to be the Municipal Judge(s). (d) The Municipal Judge(s) must be appointed to a term of two years and may be appointed to additional consecutive terms upon completing a term of office. (e) The appointment of the Municipal Judge(s) may be terminated, without cause, at any time by the affirmative vote of a majority of the full membership of the City Council. (f) The Municipal Judge(s) may receive compensation as determined by the City Council. (g) In the event of failure of any Municipal Judge to perform his or her duties, the Mayor may act in the Municipal Judge's place and stead (and in the event of a vacancy, until a Municipal Judge is appointed by the City Council to fill the vacancy). ORD 197-2005 Amending Municipal Court.doc Page 2 of 5 03/22/2005 (h) If the Mayor acts as Municipal Judge, the Mayor may be compensated at the same salary, if any, as the Municipal Judge for whom the Mayor is acting. Section 4. Municipal Court Clerk and Deputy Clerk appointments. (a) The Clerk and Deputy Clerk(s) of the Court have the power to administer oaths, certify affidavits, make certificates, affix the seal of the Court, and perform all usual and necessary clerical acts in conducting the business of the Court(s) including but not limited to, the keeping of records and accounts of the Court(s). (b) Upon the City Secretary's recommendation, the City Council may appoint or reject by the affirmative vote of a majority of the City Council a Clerk and one or more Deputy Clerk(s) as may be necessary. (c) The Municipal Clerk and any Deputy Clerk(s) may receive compensation as determined by the City Council. (d) The Municipal Clerk and any Deputy Clerk(s) report to the Judge regarding court matters, but are administratively responsible to the City Administration. (e) The Municipal Clerk and any Deputy Clerk(s) are at -will employees serving at the pleasure of the City Council. Section 5. Municipal Court prosecutor. The Municipal Court prosecutor is the City Attorney or any deputy City Attorney as designated by the City Attorney. Section 6. Municipal Court bailiff and warrant officer. The Municipal Court bailiff is the City's Chief of Police designated by the Chief of Police. The Chief of Police designated by the Chief of Police is the warrant officer papers issued by the court when requested by the Judge. Section 7. Judge vacancy. or any City police officer as or any City police officer as and must serve all process or The City Council must by appointment fill a vacancy in the office of Municipal Judge for the remainder of the unexpired term of office only. ORD 197-2005 Amending Municipal Court.doc Page 3 of 5 03=005 Section 8. Sitting for disqualified or recused Judge. (a) If a judge is disqualified or recused in a pending case, the judge of another municipal court located in an adjacent municipality may sit in the case. (b) A municipal court judge may not sit in a case for another municipal court judge under this section if either party objects to the judge. An objection under this subsection must be filed before the first hearing or trial, including pretrial hearings, over which the judge is to preside. Section 9. Jury fee. A defendant convicted by a jury must pay a jury fee of three dollars ($3.00). A defendant who requests a trial by jury and who withdraws the request not earlier than 24 hours before the time of trial must pay a jury fee of three dollars ($3.00), if the defendant is convicted of the offense or final disposition of the defendant's case is deferred. Section 10. Prosecution fee. (a) Except as provided by Subsection (b), a defendant convicted of a misdemeanor or a gambling offense shall pay a fee of $25.00 for the trying of the case by a prosecuting attomey—other than a district or county attomey—appointed by the Court to represent the State. (b) No fee for the trying of a case may be charged against a defendant prosecuted in a justice court for violation of a penal statute or of the Uniform Act Regulating Traffic on Highways. (c) If two or more defendants are tried jointly, only one fee may be charged under this article. If the defendants sever and are tried separately, each defendant shall pay the fee. (d) A defendant is liable for fees imposed by Subsection (a) if the defendant is convicted of an offense and: (1) the defendant does not appeal the conviction; or (2) the conviction is affirmed on appeal. ORD 197-2005 Amending Municipal Court.doc Page 4 of 5 03/2212005 PASSED by the following vote of the City Council of the City of Anna on this the day of '�ch . 2005. AYES 5 NAYS O ABSTENTIONS O ATTEST: AUCC&RE4URY APPROVED: ORD 197-2005 Amending Municipal Court.doc Page 5 of 5 03/22/2005 � I I ATTEST: AUCC&RE4URY APPROVED: ORD 197-2005 Amending Municipal Court.doc Page 5 of 5 03/22/2005