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06-L Municipal Judge Appt
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06-L Municipal Judge Appt
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Last modified
11/8/2005 11:23:52 AM
Creation date
9/6/2001 5:47:37 PM
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AGENDA
Item Number
6-L
AGENDA - Type
RESOLUTION
Description
Appoint Municipal Court Judge
AGENDA - Date
9/10/2001
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arising under state law within the municipality's territorial limits or property owned by the <br />municipality within its E.T.J. and which: <br /> <br /> (I) Are punishable only by a fine or other sanctions not including <br />confinement in jail or imprisonment; or <br /> <br /> (2) Arise under Chapter 106, Alcoholic Beverage Code, and do not include <br />conf'mement as an authorized sanction. (Chapter 106 deals with provisions of Alcoholic <br />Beverage Code relating to age, commonly known as "minor in possession." It also deals <br />with purchase of alcohol for or by a minor, or misrepresentation of age by a minor.) <br /> <br /> (c) Court May Impose Sanction Other than Fine in Some Cases. The phrase <br />punishable by "fine only" in the statutes is defined as an offense that is punishable by fine <br />and such sanctions, if any, as authorized by statute not consisting of confinement in jail or <br />imprisonment. Gov. Code §29.003(c). The fact that a conviction in a municipal court has <br />as a consequence the imposition of a penalty or sanction by an agency or entity other than <br />the court, such as a denial, suspension, or revocation of a privilege, does not affect the <br />originaljurisdictinn of the municipal court. Gov. Code §29.003(d). <br /> <br /> (d) Jurisdiction Over Bonds. The municipal court has jurisdiction in the <br />forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases <br />of which the court has jurisdiction. Gov. Code §29.003(e). <br /> <br /> (e) Jurisdiction Over Minors. If a minor is charged in municipal court with a <br />misdemeanor, other than a traffic offense, consult Texas Family Code §51.08 to determine <br />whether the case must be transferred. <br /> <br />§30.04. JUD~£ <br /> <br /> (a) Selection of Judge. In municipalities incorporated under charter (home role <br />municipalities), the judge shall be selected under the provisions of the charter. Gov. Code <br />§29.004. In general law municipalities the mayor shall be the judge of municipaI court, <br />unless the governing body of the municipality has determined, by ordinance, another method <br />of appointing or electing the municipal judge. Gov. Code §29.004(b). The statute or <br />ordinance authorizing a court of record may provide either that the judge is appointed or <br />elected. <br /> <br /> (b) Term of Office. Municipal judges serve a two year term unless a longer term <br />(up to four years) is established by ordinance or charter pursuant to Tex. Const. Art. 11, § 11. <br />Home rule municipalities may provide for temporary replacements by charter or ordinance. <br />Gov. Code §29.007. The governing body of a general law municipality may appoint <br />temporary replacements meeting the qualifications for such position to sit for the regu ar <br />mun.icipaljudge. The appointee shall have all the powers and duties of the office and shall <br />receive compensation set by the governing body of the municipality. Government Code <br />§29.006. <br /> <br /> (c) Oaths. A judge of a municipal court may administer an oath and give a <br />certificate of the fact in a mailer pertaining to a duty of the court. In other words, a judge <br />of the municipal court would not have to be a notary, to administer an oath and verify a <br />certificate of the fact as long as the matter pertained to a duty of the court. If the municipal <br />court is a court of record, then the judge may administer an oath and give a certificate of the <br />fact just like a notary public. Gov. Code §602.002. <br /> <br />30-5 <br /> <br /> <br />
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