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HomeMy WebLinkAboutO-2012-3433 Municipal Court of Recordlei ORDINANCE NO. 2012 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 46, "MUNICIPAL COURT", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ESTABLISHING THE LA PORTE MUNICIPAL COURT AS A COURT OF RECORD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Chapter 30 of the Texas Government Code authorizes a city to establish a municipal court of record; and WHEREAS, the City Council of the City of La Porte, Texas deems it necessary to establish a municipal court of record, in order to provide for the efficient disposition of cases arising within the City of La Porte; WHEREAS, the City Council wishes to provide for a more effective means to enforce the ordinances and laws of the City; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found to be true and correct. Section 2. Chapter 46, "Municipal Court", of the Code of Ordinances of the City of La Porte is hereby amended in its entirety by replacing sections 46-1 through 46-6 with new Sections 46-1 through 46-63, and shall hereafter read as follows, to -wit: "ARTICE I. MUNICIPAL COURT OF RECORD DIVISION 1. - GENERALLY Sec. 46-1. - Creation and name. (a) The city council hereby creates a municipal court of record to be known as the "Municipal Court of Record in the City of La Porte, Texas" 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. (b) The city council hereby adopts state law regarding municipal courts of record, as amended, and to the extent that this article conflicts with state law, state law shall govern. Sec. 46-2. - Jurisdiction. (a) The court has the jurisdiction provided by general law for municipal courts. (b) The court has jurisdiction over criminal cases arising under ordinances authorized by Texas Local Government Code Secs.215.072, 217.042, 341.903 and 551.002. (c) The court has concurrent jurisdiction with any justice court in any precinct in which the city is located in criminal cases that arise within the city and are punishable only by fine. (d) The court has civil jurisdiction for the purpose of enforcing ordinances enacted under Subchapter A, Chapter 214, Texas Local Government Code, or Subchapter E, Chapter 683, Texas Transportation Code. (e) The court has concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Texas Local Government Code, within the city's territorial limits and property owned by the city in the city's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances. (f) The court has the authority to issue: (1) Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and (2) Seizure warrants for the purpose of securing, removing or demolishing the offending property and removing debris from the premises. (g) The court has the authority to establish procedures and local rules for the purpose of promoting the speedy resolution of disputes involving the enforcement of the health and safety and nuisance abatement ordinances of the city. Sec. 46-3. - Law governing procedures. Except as provided in Texas Government Code, Chapter 30, as amended, the Texas Code of Criminal Procedure and the Texas Rules of Appellate Procedure shall govern cases proceeding before the court. Sec. 46-4. - Seal of the court. The city council shall provide the court with a seal. The seal's appearance and use shall substantially conform to Texas Code of Criminal Procedure article 45.02. The seal shall include the following phrase: "Municipal Court of Record in the City of La Porte, Texas." Secs. 46-5-46-14. - Reserved. DIVISION 2. - MUNICIPAL JUDGE Sec. 46-15. - Appointment; duties generally. The court shall be presided over by one or more municipal judges, who shall be appointed by the city council to serve for a term of four years. If more than one judge is appointed, the city council shall appoint one of the judges to serve as the presiding judge. The presiding judge shall: (1) Maintain a central docket for cases filed in the city over which the court has jurisdiction; (2) Provide for the distribution of cases from the central docket to the individual municipal judges to equalize the distribution of business in the court; (3) Request the jurors needed for cases that are set for trial by jury; (4) Temporarily assign judges to act for each other in proceedings pending in the court if necessary for the expeditious disposition of business in the court; and (5) Supervise and control the operation and clerical functions of the administrative department of the court, including the court's personnel. Sec. 46-16. - Qualifications. (a) An individual appointed to serve as municipal judge shall be. (1) A resident of the state; (2) A citizen of the United States; (3) A licensed attorney in good standing; and (4 ) Have two or more years of experience in the practice of law in the state. (b) An individual may not serve as municipal judge if he is otherwise employed by the city. A municipal judge who accepts other employment with the city vacates the judicial office. Sec. 46-17. - Judicial notice; issuance of writs; warrants. The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality. The judge may grant writs of mandamus, attachment, and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court. A municipal judge is a magistrate and may issue administrative search warrants. Sec. 46-18. - Filling vacancy in office. If a vacancy occurs in the office of municipal judge, the city council shall appoint a qualified individual, in accordance with section 46-16 of this Code, to fill the office for the remainder of the unexpired term. The city council may appoint one or more qualified individuals 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 presiding judge or the municipal judge if there is no presiding judge shall select one of the qualified persons appointed by the city council to serve during the absence of the municipal judge. The substitute judge, while serving as the municipal judge, shall have all of the powers and shall discharge all of the duties of the municipal judge. Secs. 46-19-46-27. - Reserved. DIVISION 3. - OTHER COURT PERSONNEL Sec. 46-28. - Supervision and direction of administrative department. The clerk and other court personnel shall perform their duties under the direction and control of the presiding judge. Sec. 46-29. - Clerk of court. (a) Appointment; duties generally. Subject to the approval of the municipal court judge, the city manager shall appoint a qualified individual to serve as the clerk of court for the court. The clerk of court shall keep the records of the court, issue process and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the clerk of court shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The clerk of court shall perform his or her duties under the direction and control of the presiding judge. (b) Subject to personnel policies. The City of La Porte personnel policies and rules shall be applicable to the clerk of court and deputy clerks. Sec. 46-30. - Court reporter; duties; compensation. The municipal court judge shall appoint one or more court reporters to preserve a record in cases tried before the court in which the proceedings are not recorded by a good quality recording device. The court reporter must meet the qualifications provided by law for official court reporters. 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 20 -day period beginning the day after the last day of the proceeding, trial or denial of motion for new trial, or until any appeal is final, whichever occurs last. The court reporter shall not be required to record testimony or any proceeding in a case unless the municipal judge or one of the parties requests a record in writing. The party requesting the services of the official court reporter shall bear the cost of those services. When an electronic recording device is being used to record the proceedings, it is not necessary to have a court reporter present to record the proceedings nor to certify the statement of facts. Sec. 46-31. - Recording of court proceedings. The court reporter or court staff is not required to record testimony in any case unless the judge or one of the parties requests a record in writing, and files the request with the court before trial. All proceedings before the court, to the extent requested, shall be recorded by use of a good quality electronic recording device. This shall be the primary method for the recording of proceedings utilized by the court. As an alternative to the electronic recording device, proceedings shall be recorded by an official court reporter. The record of the proceedings shall be kept by the clerk of court if an electronic recording device is used, or the court reporter in cases where the court reporter records the proceedings, for the 20 -day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, whichever occurs last. If a case is appealed, the proceedings shall be transcribed from the recording by the city's official court reporter. Secs. 46-32-46-41. - Reserved. DIVISION 4. - APPEALS Sec. 46-42. - Appeals generally. A defendant has the right to appeal from a judgment or conviction in the court, as provided by Texas Government Code section 30. 00014, as amended. The state has the right to appeal from a judgment in the court in manner provided for by Texas Code of Criminal Procedure article 44.01, as amended. The appropriate court in Harris County, Texas, shall have jurisdiction of appeals from the court. All appeals shall be conducted in the manner provided for by Texas Government Code, Chapter 30, as amended. Upon the enactment of this article, all cases for offenses alleged to have been committed on or after October 1, 2012, shall be appealed in accordance with Texas Government Code, Chapter 30, as amended. Sec. 46-43. - Transcript preparation fee. In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to Texas Government Code sections 30.00014 and 30.00019. Sec. 46-44. - Record. (a) Conformance to state rules. The record on appeal must substantially conform to the provisions relating to the preparation of a record on appeal in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended. (b) Transfer. Not later than the sixtieth day after the date on which the notice of appeal is given or filed, the parties must file with the clerk of court the statement of facts; a written description of material to be included in the transcript in addition to the required material; and any material to be included in the transcript that is not in the custody of the clerk of court. Upon completion of the record, the municipal judge shall approve the record in the manner provided for record completion, approval and notification in the court of appeals. After the municipal judge approves the record, the clerk of court shall promptly send the record to the appellate court clerk for filing. Texas Government Code section 30.00020, as amended, charges the appellate court clerk with the responsibility of notifying the defendant and the prosecuting attorney that the record has been filed. Sec. 46-45. - Statement of facts. The statement of facts must substantially conform to the provisions relating to the preparation of a statement of facts in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended. The appellant shall pay for the statement of facts. Sec. 46-46. - Transcript. The transcript must substantially conform to the provisions relating to the preparation of a transcript in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended. Sec. 46-47. - Bills of exception. Bills of exception must substantially conform to the provisions relating to the preparation of bills of exception in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended. Sec. 46-48. - Perfecting right to appeal. (a) State law adopted. The city council specifically adopts state law, as amended, relative to appeals. (b) Requirements. In order to perfect a right to appeal, the appellant must file a written motion for new trial with the clerk of court and must also give notice of the appeal to the appellee and to the court. (c) Motion for new trial. The written motion for new trial must be filed with the clerk of court not later than the tenth day after the date on which judgment is rendered. The motion must set forth the points of error of which the appellant complains. The motion or amended motion may be amended with leave of court at any time before action on the motion is taken, but may not be amended later than the twentieth day after the date on which the original or amended motion is filed. The court may for good cause extend the time for filing or amending, but the extension may not exceed 90 days from the original filing deadline. If the court does not act on the motion before the expiration of the 30 days allowed for determination of the motion, the original or amended motion is overruled by operation of law. (d) Notice of appeal. If the appellant requests a hearing on the motion for new trial, the appellant may give the notice of appeal orally in open court after the motion is overruled. If there is no hearing, the appellant must file the notice with the court not later than the tenth day after the date on which the motion is overruled. The court may for good cause extend the time period for providing notice; however, the extension shall not exceed 90 days from the original filing deadline. If the defendant is in custody, the appeal is perfected when the notice of appeal is given as provided by Texas Code of Criminal Procedure article 44.13, as amended. Sec. 46-49. - Appeal bond. If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the court. The bond must be approved by the court and must be filed not later than the tenth day after the date on which the motion for new trial is overruled. The appeal bond must be in the amount of $100.00 or double the amount of the fines and costs adjudged against the defendant, whichever is greater. The bond must state that the defendant was convicted in the case and has appealed and must be conditioned on the defendant's immediate and daily personal appearance in the court to which the appeal is taken. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond. Sec. 46-50. - Brief. (a) Generally. Both the appellant and the appellee are required to file briefs with the appellate court clerk. Each party, on the filing of the party's brief with the appellate court clerk, shall deliver a copy of the brief to the opposing party and to the municipal judge. The record and the brief, on appeal, shall be limited as far as possible to the questions relied on for reversal. The municipal judge shall decide from the briefs of the parties whether the appellant should be permitted to withdraw the notice of appeal and be granted a new trial by the court. The court may grant a new trial at any time before the record is filed with the appellate court. (b) Appellant's brief. The appellant must file a brief with the appellate court clerk not later than the fifteenth day after the date on which the transcript and statement of facts are filed with that clerk. The appellant or the appellant's attorney must certify that the brief has been properly mailed to the appellee. (c) Appellee's brief. The appellee must file its brief with the appellate clerk not later than the fifteenth day on which the appellant's brief is filed. Sec. 46-51--- 46-59. - Reserved. ARTICLE II- MISCELLANEOUS Sec. 46-60. - Special expenses—For warrants of arrest for certain offenses. Pursuant to Texas Code of Criminal Procedure article 45.203, a special expense, not to exceed $25.00 for the issuance and service of a warrant of arrest for an offense under Texas Penal Code section 38.10, or under Texas Transportation Code section 543.009, and the special expenses described in Texas Code of Criminal Procedure article 17.04 dealing with the requisites of a personal bond and a special expense for the issuance and service of a warrant of arrest, after due notice, not to exceed $25.00, shall be collected by the municipal court and paid into the city treasury for the use and benefit of the city. Sec. 46-61. - Building security fund. (a) Creation. Pursuant to Texas Code of Criminal Procedure article 102.017, the city council hereby creates the municipal court building security fund. (b) Security fee. The city council hereby requires a defendant convicted in a trial for a misdemeanor offense in the municipal court to pay a security fee in the amount established by the city and listed in appendix A of this Code as a cost of court per each such conviction. The term "convicted" means that a sentence is imposed upon the defendant by the municipal court of the city, or alternatively means that the person receives community supervision (including deferred adjudication) from the municipal court of the city, or alternatively means that the court defers final disposition of the person's case. (c) Collection of fee. The city council hereby directs the clerk of the municipal court to collect the security fee, per conviction, as a cost of court, as provided in subsection (b) of this section. The clerk of the municipal court of the city shall pay such cost to the director of finance or his designated representatives. The director of finance or his designated representatives shall deposit such cost in a fund to be known as the municipal court building security fund. (d) Use of fund revenues. The municipal court building security fund may be used only to finance the following items when used for the purpose of providing security services for the city municipal court: (1) The purchase or repair of x-ray machines and conveying systems; (2) Handheld metal detectors; (3) Walk through metal detectors; (4) Identification cards and systems; (5) Electronic locking and surveillance equipment; (6) video teleconferencing systems; (7) Bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services; (8 ) Signage; (9) Confiscated weapon inventory and tracking systems; or (10) Locks, chains or other security hardware. (11) the purchase or repair of bullet-proof glass; and (12) continuing education on security issues for court personnel and security personnel. (e) Administration. The municipal court building fund created in this section shall be administrated by or under the direction of the city council. Sec. 46-62. - Bonds and minimum fines. (a) The city council adopts the schedule of bonds and minimum fines which are printed in appendix B of this Code. (b) The clerk of the municipal court is hereby authorized to have the schedule of minimum fines for traffic violations printed on the reverse side of the violator's copy of traffic citations, and to furnish such schedule to the city police department for its use. (c) The clerk of the municipal court is hereby authorized to accept, upon a plea of guilty or upon a plea of nolo contendere, the amount shown on the opposite of each of the offenses described in subsection (b) of this section, as a minimum fine therefor, without the necessity of the violator appearing in court. Sec. 46-63. - Municipal court technology fund. (a) Establishment. (1) There is hereby created and established a municipal court technology f und, here -in -now known as the fund, pursuant to article 102.0172 of the Code of Criminal Procedure. (2) The fund may be maintained in an interest bearing account and may be maintained in the general revenue account. (b) Establishment of amount of the fee and assessment and collection. (1) The fee shall be in the amount of $4.00. (2) The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. A defendant Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been is considered convicted if: a. A sentence is imposed on the person; b. The person is placed on community supervision, including deferred adjudication community supervision; or C. The court defers final disposition of the person's case. (3) The fee shall be collected on conviction for an offense committed after this section is adopted. (4) The clerk of the court shall collect the fee and pay the fee to the finance director of the city, who shall deposit the fee into the municipal court technology fund. (c) Designated use of the fund and administration. (1) The fund shall be used only to finance the purchase of technological enhancements for the municipal court of record of the city including: a. Computer systems; b. Computer networks; C. Computer hardware; d. Computer software; e. Imaging systems; f. Electronic kiosks; g. Electronic ticket writers; or h. Docket management systems. (2) The fund shall be administered by or under the direction of the city council of the city. - Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 7. This Ordinance shall be effective on October 1, 2012. PASSED AND APPROVED, this LO day of dl*2012. By. ATTEST: Patrice Foga City Secretary APPROVED: 7,- Clark T. Askins Assistant City Attorney CITY OF /I�A PO)RTE , TEXAS Ma sl R. Ri