OR 99-886 Establish Municipal Court AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 99886
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
COPPELL, BY AMENDING CHAPTER 5 TO AMEND ARTICLE 5-1 AND
ARTICLE 5-2 TO ESTABLISH AND REGULATE A MUNICIPAL
COURT OF RECORD; PROVIDING FOR THE APPOINTMENT OF THE
MUNICIPAL JUDGE AND ALTERNATE MUNICIPAL JUDGES;
PROVIDING FOR THE POWERS AND DUTIES OF MUNICIPAL
JUDGES; PROVIDING FOR THE DUTIES OF THE MUNICIPAL
COURT ADMINISTRATOR; PROVIDING FOR THE RECORDING OF
PROCEEDINGS AND FOR APPEALS FROM THE MUNICIPAL COURT
OF RECORD; PROVIDING A TRANSCRIPT PREPARATION FEE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas, has adopted an ordinance which established a
municipal court of record, entitled the "Coppell Municipal Court of Record No. 1 ," pursuant to
the statutory authority conferred upon the City by Subchapter LL of Chapter 30 of the Texas
Govemment Code, and
WHEREAS the 761h Legislature has amended Chapter 30 and subchapter LL of the
Texas Government Code and, as a result of such amendments, the ordinances of the City creating
such court of record should be amended in accordance with the statutory amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and the
same is hereby amended by amending Chapter 5, Article 5-1, to provide for the municipal court
of record, to read as follows:
"CHAPTER 5 - THE MUNICIPAL COURT OF RECORD
ARTICLE 5-1 ESTABLISHMENT OF THE MUNICIPAL COURT OF RECORD
Sec. 5-1-1 Designation, Powers, Duties, Jurisdiction
A. There is hereby created a municipal court of record in and for the City
of Coppell Texas, to be designated as the "Coppell Municipal Court
No. 1." Said municipal court and any municipal court of record
subsequently established shall exercise that jurisdiction conferred upon
this court by Chapter 30 of the Texas Government Code, as amended,
Article 4.14 of the Texas Code of Criminal Procedure, and other state
law.
B. The Coppell Municipal Court No. 1 and any subsequent municipal
court of record of the City of Coppell, Texas, has no term and may sit
at any time for the transaction of business of the court.
C. Except as modified by the Texas Code of Criminal Procedure, the
Texas Rules of Appellate Procedure, and Chapter 30 of the Texas
Government Code, the municipal court of record may make and
enforce all rules of practice and procedure necessary to expedite the
trial of cases before the court that are not inconsistent with law.
Sec. 5-1-2 Other Terms and Laws Applicable to the Municipal Court of Record
A. Where the term corporation court (or municipal court) is used in this
Code, it shall mean a municipal court of record created under this
Chapter.
B. Any provision of the City Charter, City ordinances, or State law that is
applicable to a municipal court shall be applicable to a mtmieipal court
of record created under this Chapter unless the provision is in conflict
or inconsistent with Chapter 30 of the Texas Government Code, which
governs the municipal court of record in the City of Coppell.
Sec. 5-1-3 Powers and Duties of Municipal Judges
A. The Coppell Municipal Court No. 1 is presided over by the municipal
judge who shall be appointed by the City Council by ordinance for a
term of two (2) years and who must be a licensed attorney in good
standing in Texas, a citizen of the United States, a resident of the State
of Texas, and have two (2) or more years experience in the practice of
law in this state. The municipal court judge appointed under Section
SS27250
4.06(B) of the City Charter shall be known as and serve as the
"Municipal Judge." Alternate municipal court judges appointed under
Section 4.06(D) of the City Charter shall each be known as and shall
serve as an "Alternate Municipal Judge."
B. If more than one municipal court of record is created, the judge of each
municipal court of record may at any time exchange benches and sit
and act for each other in any pending case, matter, or proceeding.
C. The municipal judge and altemate municipal judges appointed
hereunder are entitled to receive compensation as set by the City
Manager, subject to approval by the City Council. The compensation
of the municipal judge and alternate municipal judges may not be
diminished during the term of office and may not be based directly or
indirectly on fines, fees or other costs that the judges are required by
law to collect during a term of office.
D. In the event a vacancy occurs in the office of municipal judge or
altemate municipal judge, the City Council shall appoint by ordinance
a qualified person to fill the office for the remainder of the unexpired
term.
E. The City Council shall appoint persons to serve as altemate municipal
judges for a term of two (2) years who shall meet the qualifications
prescribed for the municipal judge. The municipal judge may assign
an altemate municipal judge to act for the municipal judge who is
temporarily unable to act for any reason. An alternate municipal judge
has all the powers and duties of the office while acting for the
municipal judge.
F. The municipal judge and altemate municipal judges serve at the
pleasure of the City Council and may be removed from office with or
without cause.
G. The municipal judge and altemate municipal judges shall:
1. hold court within the City at a place designated by the City
Council;
2. follow all rules of procedure contained in City ordinances and
State law;
SS27250
3. enter on the docket of the municipal court of record over which the
municipal judge presides appropriate notations of the disposition of
each case;
4. have authority to preside over any municipal court of record of the
City, and may exchange benches with other judges; and
5. have all other powers and duties assigned to municipal judges and
magistrates by the City Charter, City ordinances, Chapter 30 of the
Texas Government Code, or the Constitution and laws of the State
of Texas.
H. The municipal judge of the municipal court of record and any altemate
municipal judge may grant writs of mandamus, attachment, or other
writs necessary for the enforcement of the jurisdiction of the court and
may issue writs of habeas corpus in cases in which the offense charged
is within the jurisdiction of the court.
See. 5-1-4 Duties of the Municipal Court Administrator
A. The City Manager shall appoint a clerk of the municipal court of
record who shall be known as the "Municipal Court Administrator."
The municipal court administrator may hire, direct, and remove the
personnel authorized in the City's annual budget for the
administrator's office, including court support personnel and marshals,
as may be necessary or appropriate, in accordance with the ordinances,
policies and procedures of the City.
B. The municipal court administrator or the 'administrator's deputies shall
keep the records of the municipal court, issue process, and generally
perform the duties for the courts that a clerk of the county court
exercising criminal jurisdiction is required by law to perform for that
court. The administrator shall perform the duties in accordance with
State law, the City Charter, and City ordinances.
C. The municipal court administrator shall further:
1. prepare and maintain accurate dockets and minutes for each
municipal court of record created under this Chapter;
2. have custody of all documents and papers relating to the business
of the municipal court;
SS27250
3. supervise the collections of fines, fees and costs imposed by the
municipal court;
4. maintain complaints for all cases in the municipal court for which a
complaint is required by law;
5. have all other powers and duties assigned to municipal court clerks
and administrators by the City Charter, City ordinances, Chapter
30 of the Texas Government Code, and the Constitution and laws
of the State of Texas;
6. be responsible for full and proper accounting of all fines, fees and
costs collected and issue receipt to a person who pays a fine, fee or
cost with cash money;
7. preserve the records of the municipal court in accordance with any
City records retention schedule; and
8. appoint a court reporter who must meet the qualifications provided
by law for official court reporters.
See. 5-1-5 Record of Proceedings; Fees
A. A municipal court of record created under this Chapter shall comply
with the recording procedures set forth in Ch.a. pter 30 of the Texas
Govemment Code.
B. Upon request of the judge or upon request of one of the parties to a
trial, proceedings of the municipal court' of record shall be recorded.
The proceedings may be recorded mechanically, electronically or
recorded by a qualified court reporter who may use written notes,
transcribing equipment, or a combination of those methods to record
the proceedings of the court.
C. The record of a municipal court of record proceeding shall be kept and
stored for not less than twenty (20) days beginning the day after the
last day of the court proceeding, trial, or denial of motion for new trial,
or until any appeal is final, whichever occurs last. The proceedings
that are appealed shall, upon appropriate request, be transcribed by a
court reporter or other person authorized to transcribe the court of
record proceedings, which, when transcribed, shall be referred to as the
statement of facts. The court reporter or other person transcribing the
proceedings is not required to have been present at the proceedings
SS27250
when they were recorded. The court reporter shall certify the official
record.
D. The appellant shall pay for the statement of facts unless the court fmds,
after a hearing in response to an affidavit by the defendant, that the
defendant is unable to pay or provide security for the transcription. If
the court so finds, the court shall order the reporter to prepare the
record without charge to the defendant.
See. 5-1-6 Prosecution By City Attorney
All prosecutions in the municipal court of record must be conducted by the
City Attorney or designee, who for this purpose shall be referred to as the City
Prosecutor. The City Attomey or his designee shall represent the City in all
appeals from the municipal courts of record.
See. 5-1-7 Complaint; Pleading
A. A proceeding in a municipal court of record commences with the filing
of a complaint. Complaints and pleadings must substantially conform
to the relevant provisions of Chapters 27 and 45, Texas Code of
Criminal Procedure, as amended. Pleadings must be in writing and
filed with the municipal court clerk.
See. 5-1-8 Jury
A. A person brought before the municipal court of record and charged
with an offense is entitled to be tried by a jury of six (6) persons,
unless that right is waived according to laW.
B. A juror for the municipal court of record must have the qualifications
required of jurors by law and must be a resident of the City.
C. A juror is entitled to receive the compensation for each day and each
fraction of a day in attendance on a municipal court of record jury as
provided by law.
D. The municipal court administrator shall establish a fair, impartial, and
objective juror selection process.
See. 5-1-9 Court Rules
A. Except as modified by Chapter 30 of the Texas Government Code, the
Code of Criminal Procedure as applied to county courts at law govems
SS27250
the trial of cases before the municipal courts of record.
B. Bonds must be payable to the State for the use and benefit of the City.
The court may not assess court costs other than warrant fees, capias
fees, and other fees authorized for municipal courts.
C. A peace officer may serve a process issued by a municipal court of
record.
D. On conviction, judgment and sentence are in the name of the State, and
the State recovers from the defendant the fine, fees and costs for the
use and benefit of the City. The court may require that the defendant
remain in the custody of the chief of police until the fines and costs are
paid and may order that execution issue to collect the fines and
penalties.
E. Fines, fees, costs and bonds shall be paid to the municipal court
administrator, who shall deposit them in the City general fund.
Sec. 5-1-10 Appeal
A. A defendant has the fight of appeal from a judgment or conviction in a
municipal court of record. The State has the right to an appeal as
provided by Article 44.01, Texas Code of Criminal Procedure. The
County Criminal Courts of Appeal of Dallas County have jurisdiction
of appeals from the municipal courts of record.
B. The appellate court shall determine each appeal from a municipal court
of record judgment on the basis of the errors that are set forth in the
appellant's motion for new trial and that arc presented in the transcript
and statement of facts prepared from the proceedings leading to the
judgment. An appeal from the municipal court of record is not trial dc
nOVO.
C. To perfect an appeal, the defendant must file a motion for new trial not
later than ten (10) days after the date on which the judgment and
sentence are rendered. The motion must be in writing and must be
filed with the clerk of the municipal court of record. The motion
constitutes the assignment of error on appeal. A ground or an error not
set forth in the motion is waived. A motion may be amended by leave
of court, but not later than the 20th day after the filing of the original
or amended motion. The court may for good cause extend the time for
filing or amending, but any such extension shall not exceed 90 days
from the original filing deadline. If the court does not act on the
S327250
motion before the expiration of the thirty (30) days allowed for
determination of the motion, the original or amended motion is
overruled by operation of law.
D. To perfect an appeal, the appellant must also give notice of the appeal.
Notice may be given orally in open court on the overruling of the
motion for new trial. If no heating is held on the motion, the appellant
shall give written notice of appeal not later than 10 days after the date
on which the motion is overruled. The court may for good cause
extend this time period, but the extension shall not exceed 90 days
from the original filing deadline.
E. If the defendant is in custody, the appeal is perfected when the notice
of appeal is given as provided by Article 44.13, Texas Code of
Criminal Procedure.
F. A defendant must also pay a transcript preparation fee of Twenty-Five
Dollars ($25.00). The court administrator 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 defendant.
Sec. 5-1-11. Appeal Bond; Record on Appeal
A. If the defendant is not in custody, the defendant may not take an appeal
until the defendant files an appeal bond with the municipal court of
record. The bond must be approved by the court and must be filed not
later than ten (10) days after the date on which the motion for new trial
is overruled. If the defendant is in custody, the defendant shall be
committed to jail unless the defendant posts the appeal bond.
B. The appeal bond must be in the amount of One Hundred Dollars
($100.00) or double the mount of the fines and costs adjudged against
the defendant, whichever is greater. The bond must be payable to the
State for the use and benefit of the City, state that the defendant was
convicted in the case and has appealed, and be conditioned on the
defendant's immediate and daily personal appearance in the court to
which the appeal is taken.
C. The record on appeal consists of a transcript and, if necessary to
appeal, a statement of facts. The court reporter shall prepare the
statement of facts from the reporter's records or mechanical or
electronic recordings of the proceedings.
SS27250
See. 5-1-12 Transcript
A. The municipal court administrator shall prepare under his or her hand
and the seal of the court a transcript of the proceedings in the
mtmicipal court of record after payment of the transcript preparation
fee. The municipal court administrator shall prepare the transcript
under written instructions from the appellant or the appellant's
attorney. The transcript must substantially conform to the relevant
provisions relating to the preparation of a clerk's record in the Texas
Rules of Appellate Procedure and any relevant provisions in the Code
of Criminal Procedure. The transcript must, unless otherwise agreed
to by the parties, include a copy of:
1. the complaint;
2. any special pleas or motions presented to and overruled by the
court;
3. written waivers, stipulations, and, in cases in which a plea of guilty
or nolo contendere has been entered, any documents executed for
the plea;
4. court orders on any motions or exceptions;
5. the court's charge and the jury's verdict;
6. the court's judgment or other order that is being appealed;
7. the motion for new trial and the order of the court on the motion;
8. the notice of appeal;
9. any statement of the parties regarding material to be included in the
record;
10. the appeal bond; and
11. any paper or document designated as material by either party.
B. The appellant or the appellant's attomey shall file a copy of the written
instructions with the court and shall deliver a copy to the appellee.
C. The appellee shall file a written instruction to the clerk or
administrator of the municipal court of record if additional portions of
the trial proceedings in the transcript are to be included.
Sec. 5-1-13 Statement of Facts
A. A statement of facts included in the record on appeal must contain:
1. a transcription of all or any part of the municipal court of record
proceedings in the case as recorded on the electronic recording
device or shown by the notes of the court reporter recorded or
SS27250
taken before, during, or after the trial, if the transcription is
requested by a party, a party's attorney, or the municipal judge;
2. a brief statement of the facts of the case proven at trial as agreed to
by the defendant or the defendant's attorney and the prosecuting
attomey; or
3. a partial transcription and the agreed statement of the facts of the
case.
B. The court reporter shall transcribe in duplicate any portion of the
recorded proceedings or the notes of the court proceedings in the case
at the request of either party or the municipal judge. The appellant
shall pay for the transcription unless the appellant is the defendant and
the court finds, after heating in response to an affidavit by the
defendant, that the defendant is unable to pay or give security for the
transcription. On certification by the court that the court reporter has
rendered the service without charge to the defendant, the court reporter
shall be paid for the services by the City.
See. 5-1-14 Transfer of Record; Fee
The parties must file the transcript, the statement of facts, and any other material
to be included in the transcript that is not in the custody of the administrator, with
the administrator of the municipal court of record not later than sixty (60) days
after the date on which the notice of appeal is given or filed. Upon completion of
the record, the municipal judge shall approve the record, and the administrator
shall promptly forward it to the appellate court clerk.
Sec. 5-1-15 Brief on Appeal
A. The appellant must file a brief on appeal with the appellate court clerk
not later than fifteen (15) days after the date on which the transcript
and statement of facts are filed with that clerk.
B. The appellee must file the appellee's brief with the appellate court
clerk not later than fifteen (15) days after the date on which the
appellant's brief is filed.
C. To avoid unnecessary delay, the record and briefs on appeal shall be
limited as far as possible to the questions relied on for reversal.
D. On filing, each party shall immediately deliver a copy of the brief to
the opposing party and to the municipal judge.
SS27250
Sec. 5-1-16 Certificate of Appellate Proceedings
A. When the judgment of the appellate court becomes final, the clerk of
that court shall certify the proceedings and the judgment and shall mail
the certificate to the clerk or administrator of the municipal court of
record. The administrator shall file the certificate with the papers in
the case and note the certificate on the ease docket. If the municipal
court of record's judgment is affirmed, further action to enforce the
judgment is not necessary except to:
1. forfeit the bond of the defendant;
2. issue a writ of capias for the defendant;
3. issue an execution against the defendant's property;
4. order a refund of the defendant' s costs; or
5. conduct an indigency hearing at the co~n't's discretion.
B. If the appellate court awards a new trial to the appellant, the case
stands as if a new trial had been granted by the municipal court of
record.
Sec. 5-1-17 Appeal to the ~ourt of Appeals
An appeal of the appellate court decision to the court of appeals is governed
by the Texas Rules of Appellate Procedure and the Code of Criminal
Procedure, except that the transcript, briefs, and ~tatement of facts filed in the
appellate court constitute the transcript, briefs, and statement of facts on
appeal to the court of appeals unless the rules of the Texas Court of Criminal
Appeals or Texas Supreme Court provide otherwise."
SECTION 2. That Chapter 5 of the Code of Ordinances is amended to amend Section 5-
2-1 of Article 5-2 to read as follows:
"ARTICLE 5-2 COURT COSTS AND FEES
Sec. 5-2-1 TRANSCRIPT PREPARATION FEE
There is hereby assessed and the municipal courts of record of the City shall
impose and collect a transcript preparation fee of Twenty-Five Dollars
($25.00) from a defendant seeking to appeal a judgment from the municipal
SS27250
court of record.
SECTION 3. That all provisions of the ordinances of the City of Coppell in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of Coppell not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code
of Ordinances as a whole.
SECTION 5. That the municipal court judge and any altemate or assistant municipal
judges appointed under Section 4.06 of the City Charter holding such offices at the time of
adoption of this ordinance shall continue to hold such offices until reappointed by the City
Council or until their current terms expire, whichever is earlier, at which time the City Council
shall appoint a municipal judge and any altemate municipal court judges in accordance with this
ordinance, the City Charter, and the laws of the State of Texas.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Coppell City Code, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 7. This Ordinance shall take effect on September 1, 1999 as the law and
charter in such cases provide.
SS27250
DULY PASSED by the City Council of the City of Coppell, Texas, on the 24th day of
August,1999.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, INTERIM CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
SS27250