(A) Establishment of the Court. There is hereby created and established the “Municipal Court of the City of Sunset Valley, Texas”, which shall have jurisdiction within the territorial limits of the city in all criminal cases arising under the ordinances of the city, and shall have concurrent jurisdiction with any justice of the peace in any precinct in which the city is situated in all criminal cases arising out of the criminal laws of the state, in which the punishment is by fine only, and where the maximum of the fine may not exceed $200 and arising within the territorial limits; and further jurisdiction as may lawfully be conferred upon the Court.
(B) Judge of the Court.
(1) Appointment. The Court shall be presided over by a judge to be known as the “Judge of the Municipal Court”, who shall be appointed by the City Council and who shall be a resident of Travis County.
(2) Term. The Judge first appointed to assume the post shall hold office for a term corresponding to the unexpired term of the Mayor who is in office at the time of the assumption of the post. Upon the expiration of the term of the Judge first appointed hereunder, and every two years thereafter, a Judge shall be appointed for a term of two years. All Judges of the Municipal Court shall hold office for the term appointed and until their successors have been appointed and qualified.
(3) Vacancy. A vacancy in the Office of Judge of the Municipal Court shall be filled by the City Council for the unexpired term only.
(4) Alternate Judge appointment. While the Judge of the Municipal Court is temporarily unable to act for any reason, the City Council may appoint a person meeting the qualifications for the position, to be known as “Alternate Judge of the Municipal Court”, to sit for the regular Municipal Judge. The alternate Judge shall have all the powers and duties of the office and shall receive the same compensation as is payable to the regular Municipal Court Judge, while he or she is so acting. An alternate Judge shall be appointed for a term of one year to correspond with the first regular meeting held after the general city election of each year.
(5) Duties. The Judge of the Municipal Court shall perform all duties and have all powers prescribed by law.
(6) Continuing education. The Judge of the Municipal Court shall comply with the requirements of Tex. Gov’t Code § 81.113, or any amendments thereto, relating to continuing legal education. Notice from the State Judicial Council that the Judge of the Municipal Court has failed to comply with the statute shall result in suspension of the Judge from the position until the time as he or she presents satisfactory evidence to the Council of his or her compliance.
(7) Compensation. The Judge of the Municipal Court shall receive compensation for his or her services as may be authorized by the City Council.
(C) Clerk. The City Secretary shall be ex-officio clerk of the Municipal Court, who shall hold the position for the same term as he or she holds the position of City Secretary. The Clerk of the Court shall keep minutes of the proceedings of the Court, issue all process and generally perform all the duties of the clerk of a court as prescribed by law for a county clerk, as far as may be applicable.
(D) Commitment. A defendant who shall be committed to custody by authority of the Municipal Court shall be committed to the custody of the Chief of Police of the city and held by him or her as provided by law.
(E) Rules of procedure.
(1) All provisions of state law relating to procedures of justice of the peace courts in criminal matters are hereby adopted, insofar as applicable and not inconsistent with this section or other law specifically related to municipal courts.
(2) The provisions of the Code of Criminal Procedure relating to collection of fines by justices of the peace are hereby specifically adopted on behalf of the city and its Municipal Court for collection and enforcement of fines imposed by the Court, insofar as the provisions may be applicable, and not inconsistent with this section or other law related to municipal courts.
(F) Construction. To the extent that state law may now or hereafter grant greater power or authority than prescribed herein, this section should not be construed to limit the authority, but it is intended that the Court and the officers herein referred shall have the fullest power authorized by law.
(Ord. 810302, passed 3-2-1981; Ord. 870217A, passed 2-17-1987; Ord. 230905-C, passed 9-5-2023)
Cross reference:
Municipal Court Building Security Fund, see § 32.02
Municipal Court Technology Fund, see § 32.03