Article VI. Municipal Court  


ARTICLE VI. MUNICIPAL COURT

Section 1. Municipal Court. There shall be a Municipal Court of the City of Galveston, which shall have such jurisdiction, powers and duties as are given and prescribed by the Laws of the State of Texas.

(Ord. No. 96-59, § 9, 6-16-96)

(Ord. No. 91-95, § 3(9), 11-14-91; Ord. No. 96-59, § 9, 6-16-96; Ord. No. 98-33, § 17, 6-3-98)

(Ord. No. 91-95, § 3(10), 11-14-91; Ord. No. 96-59, § 9, 6-16-96)

(Ord. No. 96-59, § 9, 6-16-96)

refeditor

In addition to altering the name, the proposition approved at the election of April 7, 1979, altered the term of the Judge.

refstatelaw

Creation of court, Vernon's Ann. Civ. Stat. art. 1194.

The Municipal Court shall be presided over by a Magistrate who shall be known as the Judge of the Municipal Court. The Municipal Judge shall be appointed by the City Council, and shall serve at the pleasure of the City Council. The person so appointed shall be a licensed attorney in the State of Texas and shall have been a resident of and domiciled in the City of Galveston for not less than three (3) years immediately prior to appointment and shall continue to reside and be domiciled in the City while serving as Municipal Court Judge. The Municipal Judge shall deal with the administrative services of Municipal Court solely through the Municipal Court Clerk or the City Manager. The term of the Municipal Judge's appointment shall be for two (2) years. In the event the Judge of the Municipal Court is unable to act for any reason, the Council shall appoint a qualified attorney to act in the Judge's place. The Judge, or anyone acting in the Judge's place, shall receive such compensation as may be set by the Council. The Council shall have the power to create and establish additional Municipal Courts, with the same or separate jurisdictions, and to appoint an additional Magistrate for each Court so established. The Municipal Court Judge shall not give orders to the Municipal Court Clerk or to any subordinates of City Manager.

Judge of the Municipal Court, Vernon's Ann. Civ. Stat. art. 1196.

There shall be a Clerk of the Municipal Court who shall be appointed by the City Manager for a term of two (2) years. The Clerk shall have the power to administer oaths, make certificates, affix the Seal of the Court thereto, and otherwise perform any and all acts necessary in issuing process of such Court and conducting the business thereof. Deputy Clerks shall be appointed as may be required and shall have authority to act for and on behalf of the Clerk of the Municipal Court in all matters wherein the Clerk might act. The Municipal Court Clerk shall be responsible for the receipt, disbursement and safekeeping of all funds received by the clerk's office in accordance with the directives of the Director of Finance.

The Council in open meeting or the Judge of the Municipal Court in open court, and no other person, shall have the power to remit fines and penalties which have been imposed for the violation of penal ordinances of the City. Neither the Council, individual members of the Council nor any officer or employee of the City shall attempt to exert influence upon the Judge of the Municipal Court.