§ 4. MUNICIPAL COURT

A.

CREATION OF MUNICIPAL COURT

There is hereby created a court in and for the City of Santa Fe, Texas, which shall be known as the municipal court. This court shall have jurisdiction within the city with power to hear and determine all cases of alleged violations of the ordinances of the city and all other cases over which municipal courts are generally given jurisdiction by state law.

(Ordinance adopting Code)

B.

APPOINTMENT OF JUDGE

There is hereby created the office of judge of the municipal court who shall be appointed by the city council for a term of two years and shall have all the powers and authority as granted by, and shall perform all the duties as required by state law. The amount of compensation to the judge shall be set from time to time by the city council. The city council may appoint an alternate municipal court judge for a two-year term to serve in the case of the temporary inability, disability, or absence of the regular municipal court judge. The alternate municipal court judge shall have all the powers and duties of the office and shall receive such compensation as set by the city council.

(Ordinance No. 19-99 adopted September 9, 1999)

C.

OATH REQUIREMENT

The judge of the municipal court, prior to taking office, shall take the oath of office required by the state constitution and the state laws. This is the oath required by the state law for the mayors of cities.

D.

JUDICIAL DEPARTMENT

(1)

JUDGE AND ATTORNEY —The judicial department shall consist of the municipal court, the judge of which shall be known as the municipal court judge. There shall be a legal division, the head of which shall be the city attorney, to be appointed by the city council and shall hold office at the pleasure of the city council. The city attorney or such other attorneys selected by him with the approval of the city council, will represent the city in all litigation. He shall be the legal advisor of, and attorney and counsel for, the city and all officers and departments thereof. Notwithstanding the above provisions, the council may engage special legal counsel to represent the City of Santa Fe in any specific matter or for the performance of any specifically delineated duties otherwise to be performed by the city attorney.

(2)

MUNICIPAL COURT CLERK —A clerk shall be appointed by the city manager as municipal court clerk. The city manager may also appoint such deputy clerks as may be necessary for the efficient operation of the municipal court. The clerk of the municipal court and such deputy clerks as may be appointed shall perform those duties that are to be performed by the clerk under the ordinances of the city, the city charter, or as prescribed by state law.

(3)

CITY MARSHAL/BAILIFF —A city marshal/bailiff shall be appointed by the city manager and shall serve under the direct supervision of the judge of the municipal court and/or municipal court clerk. The city marshal/bailiff shall serve and execute warrants of arrest and subpoenas and serve as bailiff in municipal court and other legal process issuing out of municipal court in the city. The city marshal/bailiff shall additionally perform such other and further duties as may be assigned by the judge of the municipal court and/or municipal court clerk. The city marshal/bailiff shall meet the qualifications for certification as a peace officer as established by the Texas Commission of Law Enforcement Officer Standards and Education as a necessary condition for employment as city marshal/bailiff. The city marshal/bailiff shall serve as a peace officer and has full police authority in the exercise of duties and shall be armed while on duty. The city marshal/bailiff is not a regular member of the police department of the city within the meaning of the state laws governing such department as to civil services, minimum wages, hours of employment, or pension. The city marshal/bailiff shall not be a paid law enforcement officer for the purpose of and within the meaning of Article 6228 of Texas Revised Civil Statutes Annotated. Nothing herein provided shall prevent or in anywise inhibit any regular police officer of the City of Santa Fe from serving or executing any process issuing out of municipal court which may be placed in his hands to be served or executed.

(Ordinance No. 12-2000 of May 25, 2000)

Editor's note— Ordinance 12-2000, adopted May 25, 2000, amended provisions formerly set out as Chapter 7, Section 4, Subsection D, in its entirety to read as herein set out. Prior to amendment, subsection D. pertained to "Court Clerk".

E.

RESERVED

Editor's note— Ordinance No. 12-2000, adopted May 25, 2000, deleted Chapter 7, Section 4, Subsection E., in its entirety to be reserved for future use. Prior to amendment Subsection E. pertained to "Duties of Court Clerk".

F.

PRACTICES AND PROCEDURES

The rules prescribed by state law governing trials in the state justice of peace courts shall govern the procedure and practice of the municipal court, and the city council may prescribe such additional rules of practice and procedure as are not inconsistent with state law.

G.

CASH BAIL

(1)

Acceptance and Forfeiture of Bail

The judge of the municipal court is authorized to receive from any person arrested for a violation of any section of the city Code of Ordinances or any state law over which the municipal court has jurisdiction, cash bail for the appearance of such person before the municipal court. If such person voluntarily signs a written agreement in which he agrees that, in the event of failure to make an appearance by or upon the date therein named, his bail may be forfeited by the municipal court to the city by an order or judgment of the court entered upon its minutes, without service of notice or citation of any kind upon him, and such person shall, in the same instrument, authorize such officer to plead "guilty" for him in the event of his failure to appear on said date, then, said cash bail shall be applied to the payment of the fine and the costs which may be assessed against him.

(2)

Amount of Bail

The judge of the municipal court so accepting any cash bail shall fix the same at any amount not less than five dollars ($5.00), which in his judgment, shall be deemed to be sufficient to compel the appearance of such person on the date fixed, provided that no cash bail shall be accepted unless voluntarily offered by the person charged.

(3)

Issuance of Receipt for Payment of Bail

When a cash bail is tendered and accepted, the judge of the municipal court accepting the same shall issue a special cash bail receipt therefor to the person tendering such cash bail, a copy of which is to remain in the cash bail receipt book. When a cash bail is returned to the person who deposited it, a receipt shall be taken therefor.

The same procedure shall apply whether or not the person who has deposited money is present and orders such bail to be applied on the payment of any fine and costs assessed against him. When such person fails to make his appearance and a guilty plea is entered for him, the judge shall apply as much of the cash bail as may be necessary for the satisfaction of such fine and cost, and the balance shall be returned to the defendant. In the event such cash bail is forfeited, then the entire sum shall be paid to the proper officer of the city.

(Provision for inclusion of Section 4.A-G above provided for in Ordinance adopting this Code of Ordinances.)

H.

SPECIAL EXPENSES

(1)

The Municipal Court of the City of Santa Fe is hereby authorized to collect a special expense for services performed in cases in which the laws of the State of Texas require that the case be dismissed because of actions 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 Subsection (a), Section 143A, Uniform Act Regulating Traffic on Highways (Art. 6701d, Vernon's Texas Civil Statutes). Such special expense shall not exceed the actual expenses incurred for the services or ten dollars ($10.00), whichever is less.

(Ordinance No. 03-88 of February 15, 1988)

(2)

The presiding judge and any associate or alternate judge of the municipal court of this city may, after conviction, assess upon the defendant a special expense fee, not to exceed thirty-five dollars ($35.00), for the issuance and service of a warrant of arrest for an offense committed under Section 38.11, Penal Code (bail jumping and failure to appear), or under Section 149, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes, violation of written promise to appear). The presiding judge and any associate or alternate judge of the municipal court of the city may assess the special expense fees described in Article 17.04, Code of Criminal Procedure, dealing with the requisites of a personal bond and a special expense fee for the issuance and service of a warrant of arrest, after due notice, not to exceed thirty-five dollars ($35.00).

(Ordinance No. 12-90 of June 26, 1990)

Cross reference— See also Article 5 of Home Rule Charter and Section 6.E. of this Chapter.

(3)

Building Security Fund

There is hereby created a special revenue municipal court building security fund, in accordance with Article 102.017 of the Texas Code of Criminal Procedure, to be used to provide security for the municipal court, its employees, and judges. The building security fund may be used only to finance the items authorized by Article 102.017 of the Texas Code of Criminal Procedure, as amended.

Defendants convicted in a trial for a misdemeanor offense in municipal court shall pay into such fund a three dollar ($3.00) security fee as cost of court. For the purposes of this ordinance, a person is considered convicted if:

1.

A sentence is imposed on the person;

2.

The person is placed on community supervision, including deferred adjudication community supervision; or

3.

The court defers final disposition of the person's case.

The municipal court clerk shall collect the costs and pay the funds to the municipal treasurer, or to any other official who discharges the duties commonly delegated to the municipal treasurer, for deposit in a fund to be known as the municipal court building security fund. The municipal court building security fund shall be administered by or under the direction of the City Council.

(Ordinance 12-2000 of May 25, 2000)

(4)

Technology Fund

There is hereby created a municipal court technology fund to be used for the purpose of technological enhancements for the municipal court, including:

1.

Computer system;

2.

Computer networks;

3.

Computer hardware;

4.

Computer software;

5.

Imaging systems;

6.

Electronic kiosks;

7.

Electronic ticket writers; and

8.

Docket management systems.

Defendants convicted of a misdemeanor offense in municipal court shall pay a technology fee of four dollars ($4.00) as a cost of court. A person is considered convicted if:

1.

A sentence is imposed on the person;

2.

The person is placed on community supervision, including deferred adjudication community supervision; or

3.

The court defers final disposition of the person's case.

The municipal court clerk shall collect the costs and pay the funds to the municipal treasurer, or to any other official who discharges the duties commonly delegated to the municipal treasurer, for deposit in a fund to be known as the municipal court technology fund. The municipal court technology fund shall be administered by or under the direction of the City Council.

(Ordinance No. 12-2000 of May 25, 2000; Ordinance No. 01-2016 of January 14, 2016)