HomeMy WebLinkAboutOrd 487-2010 Establishing Two Municipal Courts.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 487-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, REPEALING ORDINANCE NO.
197-2005, ORDINANCE NO. 198-2005, AND ORDINANCE NO. 199-2005;
CODIFYING INTO PART II, ARTICLE 41 OF THE ANNA CITY CODE OF
ORDINANCES CERTAIN PROVISIONS OF SAID REPEALED ORDINANCES,
CERTAIN COURT FEES, ESTABLISHING TWO COURTS AND NEW COURT RULES
AND REGULATIONS; ESTABLISHING THE CITY OF ANNA MUNICIPAL COURTS
NO.1 and NO.2; ESTABLISHING THE POSITION OF MUNICIPAL COURT JUDGES,
AND THE POWERS AND DUTIES OF MUNICIPAL COURT JUDGES AND CLERKS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
SECTION 1. In accordance with Part II, Article 9 of the Anna City Code of Ordinances,
the following amendment is made to Part II, Article 41, by adding new Sections 1-12 as
follows:
Section 1. Municipal Courts established.
This article creates the City of Anna Municipal Court No. 1 and the City of
Anna Municipal Court No. 2 ("the Courts"). The heretofore existing City
Municipal Court shall now be known as the City of Anna Municipal Court No.
1. The Courts shall operate in accordance with this article and applicable state
law. In the event of a direct conflict between a section, term, or provision in
this article and a provision of state law, state law shall govern to the extent of
such conflict and this article shall be deemed to have been amended to the
extent necessary to harmonize the conflict.
Section 2. Jurisdiction, powers and duties.
(a) The Courts have exclusive original jurisdiction within the City of Anna's
corporate limits--and, to the extent permitted by state law, within its
extraterritorial jurisdiction-in all criminal cases that:
(1) arise under:
(A) the ordinances of the City; or
(8) 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 City ordinances or
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resolutions, rules, or orders of a joint board that govern
'fire safety, zoning, or public health and sanitation,
including dumping of refuse; or
(8) $500 in all other cases arising under a City ordinance or a
resolution, rule, or order of a jOint board.
(b) The Courts have concurrent jurisdiction with one another and with the
justice court of a precinct in which the City is located in all criminal
cases arising under state law that arise within the City of Anna's
corporate limits-and, to the extent permitted by state law, within its
extraterritorial jurisdiction-in all criminal cases that are Class C
misdemeanors and:
(1) are punishable only by a fine, as defined in Subsection (c); or
(2) arise under Chapter 106, Texas Alcoholic Beverage Code, and
do not include confinement as an authorized sanction.
(c) In this article, an offense that is punishable by ''fine only" is defined as
an offense that is punishable by fine and other such sanctions and
remedies, if any, as authorized by statute not consisting of confinement
in jailor 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 Courts.
(e) The Courts have 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 Courts have all the powers and duties as are now, or as may be,
prescribed by state law.
(g) In general, and subject to exceptions based on scheduling
requirements due docket volumes, cases within the jurisdiction of the
Courts shall be assigned by the Municipal Court Clerk as follows:
(1) Court No. 1 shall hear all cases not assigned to Court No.2 and
any cases transferred to it by Court No.2.
(2) Court No. 2 shall hear all cases involving traffic-related offenses
including, but not limited to'motor vehicle moving and non
moving violations, motor vehicle equipment violations, and
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parking violations. It shall also hear any additional cases that
may be transferred to it by Court No.1.
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
Courts 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).
(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 Municipal Court Clerk and any duly appointed Deputy Clerk(s) of
the Courts have the power to administer oaths, certify affidavits, make
certificates, affix the seal of the Courts, and perform all usual and
necessary clerical acts in conducting the business of the Courts
including but not limited to, the keeping of records and accounts of the
Courts.
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(b) The Municipal Clerk and any Deputy Clerk(s) report to the Judges
regarding court matters only, and are otherwise administratively
responsible to the City Manager.
(c) The Municipal Clerk and any Deputy Clerk(s) are at-will employees
hired by the City Manager.
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 or any City police officer
as designated by the Chief of Police. The Chief of Police or any City police
officer as designated by the Chief of Police is the warrant officer and must
serve all process or papers issued by the court when requested by the Judge.
Section 7. Judge vacancy.
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.
Section 8. Sitting for disqualified or recused Judge.
(a) If a judge is disqualified or recused in a pending case, the case may be
transferred to another municipal court within the City, or the judge of
another municipal court located in an adjacent municipality may sit in
the case.
(b) A Municipal Judge may not sit in a case for another Municipal Judge
under this article 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) A defendant convicted by a jury must pay a jury fee of $3. 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 $3, if the
defendant is convicted of the offense or final disposition of the
defendant's case is deferred.
(b) If two or more defendants are tried jointly, only one jury fee of $3 may
be imposed under this article. If the defendants sever and are tried
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separately, each defendant convicted shall pay a jury fee.
(c) In this, "conviction" has the meaning assigned by Section 133.101,
Local Government Code.
Section 10. Technology Fund Fee.
(a) The City establishes and shall maintain a technology fund requiring a
defendant convicted of a misdemeanor offense to pay a technology fee
not to exceed $4 as a cost of court.
(b) In this section, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person is placed on community superviSion, including
deferred adjudication community supervision; or
(3) the court defers final disposition of the person's case.
(c) The Municipal Court Clerk shall collect the costs and pay the funds to
the municipal treasurer, or to any other official who discharges the
duties commonly delegated to the municipal treasurer, for deposit in a
fund to be known as the municipal court technology fund.
(d) A fund deSignated by this Section may be used only to finance the
purchase of or to maintain technological enhancements for the Courts,
including:
(1) computer systems;
(2) computer networks;
(3) computer hardware;
(4) computer software;
(5) imaging systems;
(6) electronic kiosks;
(7) electronic ticket writers; and
(8) docket management systems .
. (e) The municipal court technology fund shall be administered by or under
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the direction of the City Council.
Section 11. JUVENILE CASE MANAGER FUND
(a) In this section, "fund" means a juvenile case manager fund.
(b) The City establishes and shall maintain a juvenile case manager fund
requiring a defendant convicted of a fine-only misdemeanor offense to
pay a juvenile case manager fee of $5 as a cost of court.
(c) A judge may waive the fee required by Subsection (b) in a case of
financial hardship.
(d) In this section, a defendant is considered convicted if:
(1) a sentence is imposed on the defendant;
(2) the defendant receives deferred disposition, including deferred
proceedings under Article 45.052 or 45.053 of the Texas Code
of Criminal Procedure; or
(3) the defendant receives deferred adjudication in county court.
(e) The clerks of the respective courts shall collect the costs and pay them
to the City treasurer or to any other official who discharges the duties
commonly delegated to the City treasurer for deposit in the fund.
(f) A fund created under this section may be used only to finance the
salary and benefrts of a juvenile case manager employed under Article
45.056 of the Texas Code of Criminal Procedure.
(g) The fund must be administered under the direction of the City Council.
Section 12. CIVIL JUSTICE FEE
(a) In this section, "moving violation" means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the Department of Public
Safety under Section 708.052, Transportation Code.
(b) A defendant convicted of a moving violation shall pay a fee of 10 cents
as a cost of court.
(c) In this section, a person is considered convicted if:
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(1) a sentence is imposed on the person;
(2) the person receives community supervision, including deferred
adjudication; or
(3) the court defers final disposition of the person's case.
(d) The clerks of the respective courts shall collect the costs described by
this section. The clerk shall keep separate records of the funds
collected as costs under this section and shall deposit the funds in the
City treasury, as appropriate.
(e) The custodian of a City treasury shall:
(1) keep records of the amount of funds on deposit collected under
this section; and
(2) send to the comptroller before the last day of the first month
following each calendar quarter the funds collected under this
section during the preceding quarter.
(f) The City may retain 10 percent of the funds collected under this section
by an officer of the City as a collection fee if the custodian City treasury
complies with Subsection (e).
(g) If no funds due as costs under this section are deposited in the City
treasury in a calendar quarter, the custodian of the treasury shall file
the report required for the quarter in the regular manner and must state
that no funds were collected.
(h) The comptroller shall deposit the funds received under this section to
the credit of the Civil Justice Data Repository fund in the general
revenue fund, to be used only by the Commission on Law Enforcement
Officer Standards and Education to implement duties under Section
1701.162, Texas Occupations Code.
(i) Funds collected under this section are subject to audit by the
comptroller. (Ord. No. 487-2010, adopted 0210912010)
SECTION 2. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
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the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
SECTION 3. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 9th day of February 2010.
ATTESTED:
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