HomeMy WebLinkAboutR-1972-07
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RESOLUTION NO. 72- 07
WHEREAS, the Chief Justice's Task Force for Court Improve-
ment, has issued its proposed Article V, Texas Constitution, as
an amendment to the present Article V of the Texas Constitution;
and
WHEREAS, said proposed constitutional amendment would
completely eliminate Municipal Courts in the State of Texas;
and
WHEREAS, under the proposed new amendment, all matters
which are now filed in the City of La Porte Municipal Court
would be filed in a County Court-at-law; and
WHEREAS, the City Commission of the City of La Porte is
of the opinion that its Municipal Court, which is presided
over by a Judge who is a licensed attorney-at-law and who is
a resident citizen of the City of La Porte, best serves the
interests of the citizens of the City of La Porte:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LA PORTE:
Section 1. The City Commission of the City of La Porte
wishes to urge the Chief Justice's Task Force for Court
Improvement to reconsider its recommendations, insofar as the
same would eliminate the Municipal Court system of the State
of Texas, and instead provide for the continuation of the
Municipal Court system as follows, to-wit:
(a) Authorize the Legislature to provide for Municipal
Courts on a local option basis by all cities of the State of
Texas, whether operating under the general laws or under a
Home Rule Charter;
(b) Require such Municipal Courts, when authorized,
shall be courts of record;
(c) Authorize appeal directly from Municipal Courts to
the Court of Criminal Appeals, or such other appellate court
which may be created with criminal appellate jurisdiction,
without the necessity of trial de novo;
(d) Requi.re the Judge of such Municipal Court to be
licensed to practice law in the State of Texas;
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Resolution No. 72- 07 , Page 2
(e) Provide that any person holding the office of
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Judge of a Municipal Court upon the effective date of the
constitutional amendment, who is not a person licensed to
practice law in the State of Texas, shall continue to be
el.:j;g.ible to hold the office of Judge of Municipal Court
until the expiration of his term of office;
(f) Preserve the present system of appointment of
municipal judges by the governing body of the municipality,
(g) Provide for the use of county courts at law by those
cities which do not choose to adopt or retain the Municipal
Court system.
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Section 2. The City Clerk of the City of La Porte is
directed to furnish copies of this resolution to the Chief
Justice's Task Force for Court Improvement; appropriate
members of the Texas Legislature; and to appropriate officers
of the Texas Municipal League, and other interested persons.
Unanimously passed and approved by the City Commission
of the City of La Porte, this the 18th day of September,
A.D. 1972.
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CITY OF LA PORTE
BYt:dr~
E. A. Thomas, Mayor
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ATTEST: <..-
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C~ Clerk
APPR~~ ~
City Attorney
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