(A) Court established. The Town Council hereby establishes the Lakeside Municipal Court as a Municipal Court of Record in order to provide a more efficient disposition of cases arising in the town, and in order to more effectively enforce the ordinances of the town. The Municipal Court shall become a court of record and shall be the town's only municipal court from and after the effective date of this chapter, and it shall be known as ‘The Municipal Court of Record of the Town of Lakeside.’
(B) Municipal court jurisdiction. The municipal court of record has the jurisdiction provided by Tex. Government Code, Ch. 30 for municipal courts of record.
(C) Municipal court judge. The judge of the municipal court of record of the Town of Lakeside shall be appointed by the Town Council for a term of two years. The municipal judge must be a licensed attorney in good standing in the state of Texas and must have two or more years of experience in the practice of law in Texas. The judge must be a citizen of the United States and of the State of Texas. The Town Council shall establish the salary of the judge, which shall not be based directly or indirectly on fines or costs collected by the court. Such salary may not be diminished during the term for which the judge is appointed.
(D) Vacancies. If a vacancy occurs in the office of a municipal judge of the court of record, the Town Council shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term.
(E) Substitute judges. The Town Council may appoint one or more qualified persons to be available to serve for the municipal judge when he or she is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The municipal judge shall select one of the qualified persons appointed by the Town Council to serve during the absence of the municipal judge. A substitute judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of the municipal judge. A substitute judge must meet the qualifications prescribed for the municipal judge.
(F) Appointment of Court Clerk and court personnel. The Town Manager shall appoint a clerk of the municipal court of record who shall perform duties in accordance with state law and town ordinances. During proceedings of the Court, the Clerk and other court personnel shall serve at the direction of the Municipal Court Judge. The Clerk of the Municipal Court of record shall keep the records of the municipal court of record, issue process, and perform the duties described in Tex. Gov’t Code, § 30.00009.
(G) Court reporting. The proceedings of trials in the municipal court of record shall be recorded by a good quality electronic recording device and kept for a minimum period of 21 days after the last day of the court proceedings, trial, or denial of a motion for new trial, whichever occurs last. If the case is appealed, the proceedings shall be transcribed from the recording by an Official Court Reporter. The Municipal Court Clerk shall appoint a Court Reporter who must meet the qualifications provided by law for official court reporters.
(H) Jury. The Court Clerk shall supervise the selection of persons for jury service in the municipal court of record.
(I) Transcript preparation fee. In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25. The transcript preparation fee does not include the fee for an actual transcript of the proceedings, which the appellant must pay. 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.
(Ord. 75, passed 6-9-1975; Am. Ord. 405, passed 6-14-2018)