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(a) A department of municipal court services is hereby established. It shall embrace all personnel and activities of the municipal court system except:
(1) The judges who are directly under the cognizance of the city council;
(2) The assistant city attorneys assigned duties as prosecutors who are members of the department of law and under the cognizance of the city attorney;
(3) The official court reporter or reporters who are under the cognizance of the chief judge;
(4) The director of the teen court program who shall be under the cognizance of the chief judge; and
(5) Such other court or system functionaries who are or may be members of other departments and are either temporarily or permanently assigned duties within or in support of the municipal court.
(b) There is hereby created the position of director of municipal court services. The director of municipal court services shall be the head and supervisor of the department of municipal court services; shall be subject to appointment and removal by the city manager; and shall be paid a salary established in accordance with the compensation plan of the city.
(c) The director of municipal court services, subject to the provisions of this section, shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as such director may deem necessary for the efficient administration of the department of municipal court services and to prescribe and fix their duties, scope of authority and qualifications.
(d) The director of municipal court services shall be responsible for the administrative functions of the municipal court system, which shall include responsibility to assure the system functions within and in consonance with personnel and other procedures governing the operation of all other city departments generally as promulgated by the city manager and shall specifically include all of the fiscal affairs of the municipal courts. The director of municipal court services shall submit annually to the city manager a budget estimate of the revenues of the municipal courts and the expenses of conducting the affairs thereof for the ensuing fiscal year.
(e) Within the municipal court system and under the general supervision of the director of municipal court services there is hereby created the office of clerk of the municipal courts. The clerk of the municipal courts shall be appointed by the city manager with the consent of the city council and shall perform all duties in accordance with state statutes, the City Charter and city ordinances.
(Ord. 9509, § 1, passed 11-5-1985; Ord. 11942, § 1, passed 5-9-1995)
There is hereby established for the municipal courts system a bureau for the payment of fines. This division shall be known as “fines bureau.” A bureau clerk shall be appointed by the clerk of the municipal courts, together with such deputies as may be deemed necessary. Such bureau clerk shall be under the direction and control of the clerk of the municipal courts. The city council shall prescribe the amount of the official fidelity bond that the bureau clerk shall execute in favor of the city. The premium of such bond shall be paid by the city. The bureau clerk shall be a duly qualified notary public.
(Ord. 9509, § 1, passed 11-5-1985)
(a) There is hereby created a position of city marshal for the municipal courts system, who shall also appoint such deputies as are authorized from time to time. The city marshal or his or her deputies shall meet all qualifications necessary to be certified as peace officers by the state commission on law enforcement officer standards and education; however, the city marshal and his or her deputies shall not be considered as “policemen” as that term is defined in Tex. Revised Civil Statutes Article 1269m.
(b) The city marshal and his or her deputies, acting under the direction of the director of municipal court services, shall perform the following duties:
(1) Execute warrants of arrest, subpoenas and other legal process issuing out of the municipal courts; and
(2) Execute other warrants of arrest, subpoenas and legal process as determined by the municipal court clerk or deputy court clerk.
(c) The city marshal and his or her deputies shall serve as peace officers and have full police authority in the exercise of their assigned duties.
(d) The city marshal and his or her deputies are not members of the police department of the city; however, they are eligible for membership in the employees’ retirement fund of the City of Fort Worth. The city marshal and his or her deputies are paid law enforcement officers for the purpose of qualifying for survivor’s assistance benefits under the provisions of Tex. Revised Civil Statutes Article 6228f, as amended.
(Ord. 9509, § 1, passed 11-5-1985)
Pursuant to Tex. Code of Criminal Procedure Articles 45.0511 and 45.052, a municipal court is authorized to collect a special expense for services performed in cases in which the laws of this state require that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of the alleged offense. Such actions are limited to compliance with the provisions of Tex. Transportation Code §§ 543.111 through 543.116. Such special expense shall not exceed the actual expenses incurred for the services or $10, whichever is less.
(Ord. 10032, § 1, passed 12-22-1987)
(a) There is hereby created a municipal court building security fund.
(b) A defendant convicted in a trial for a misdemeanor offense in municipal court shall pay a $3 security fee as a cost of court.
(c) For purposes of this section, a person is considered convicted if:
(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 court clerk shall collect the security fee costs and pay them to the city treasurer, for deposit in the municipal court building security fund.
(e) 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 buildings housing a municipal court:
(1) The purchase or repair of x-ray machines and conveying systems;
(2) Handheld metal detectors;
(3) Walkthrough metal detectors;
(4) Identification cards and systems;
(5) Electronic locking and surveillance equipment;
(6) Bailiffs, deputy sheriffs, deputy constables or contract security personnel during times when they are providing appropriate security services;
(7) Signage;
(8) Confiscated weapon inventory and tracking systems; or
(9) Locks, chains or other security hardware.
(f) The municipal court building security fund shall be administered by the city manager under the direction of the city council.
(Ord. 12204, § 1, passed 10-10-1995)
(a) There is hereby created a municipal court technology fund.
(b) A defendant convicted of a misdemeanor offense in municipal court shall pay a $4 security fee as a cost of court.
(c) For purposes of this section, a person is considered convicted if:
(1) A sentence is imposed on the person;
(2) The person is places on community supervision, including deferred adjudication community supervision; or
(3) The court defers final disposition of the person’s case.
(d) The municipal court clerk shall collect the costs and pay the funds to the city treasurer, for deposit in the municipal court technology fund.
(e) The municipal court technology fund may be used only to finance the purchase of technological enhancements for the municipal court, 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.
(f) The municipal court technology fund shall be administered by the city manager under the direction of the city council.
(Ord. 13909, § 1, passed 8-24-1999)
(a) Pursuant to Tex. Code of Criminal Procedure Article 103.0031, the addition of collection fees in the amount of 30% is hereby authorized on each debt or account receivable, such as fines, fees, restitution and other debts or costs, (other than forfeited bonds) that is ordered to be paid by the municipal court or by a city hearing officer appointed under Tex. Transportation Code Chapter 682 and that is more than 60 days past due and that has been referred to an attorney or vendor for collection.
(b) A defendant is not liable for the collection fees under subsection (a) above if above the court or hearing officer of original jurisdiction has determined the defendant is indigent, or has insufficient resources or income or is otherwise unable to pay all or part of the underlying fine or costs.
(Ord. 15144, § 1, passed 6-25-2002, eff. 7-1-2002; Ord. 18645-06-2009, § 1, passed 6-2-2009)
There is hereby established a clerk’s record preparation fee in the amount of $25 pursuant to Tex. Government Code § 30.00014(f), as amended. This fee does not include the fee the defendant shall pay for the actual transcript of the proceedings. The clerk shall note the payment of the fee on the docket of the court. In the event that the case is reversed on appeal, the fee shall be refunded to the defendant.
(Ord. 17379, § 1, passed 1-23-2007)
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