Clerk Certification Level 1
To assess the costs of an officer testifying, the judge may guess at the amount if the peace officer has not provided information to the court of his or her salary.
False.
Trials in municipal courts are not open to the public.
False.
Vendor contracts can specify any amount of collection fee
False.
Victims must always be excluded when "The Rule" is invoked.
False.
When a city police officer issues a citation and there is a conviction, the city must pay the arrest fee to the State.
False.
What is a judgment nisi?
A judgment nisi recites the amount of the forfeiture, who is liable for the judgment, and that the judgment will be made final unless good cause is shown as to why the defendant did not appear.
What is a venire?
A list of prospective jurors to be summoned to serve for a particular term of the court.
A contract with DPS (OmniBase) for denial of driver's license renewal applies to what offenses?
Any fine-only offense.
Who has the authority to serve a warrant issued by a magistrate?
Any peace officer or someone specially named in the warrant.
Who has the authority to serve a warrant issued by a municipal judge? _
Any peace officer or someone specially named in the warrant.
When a defendant fails to complete a driving safety course, the court is required to refund the $10 fee or allow the defendant to apply the fee to the fine.
False.
When a defendant is found not guilty, he or she must still pay court costs.
False.
When an officer testifies during regular duty hours, the defendant, if convicted, must pay the costs of the officer's time testifying in court.
False.
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Responding to a news reporter who asks you to review an article for legal accuracy. It contains information about a Class C misdemeanor assault that is pending in your court and is part of a larger civil suit for sexual harassment.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Seeing prisoners on the weekend to tell them what they are charged with and set their fines because the judge is on vacation.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Reporting only moving traffic convictions to the Department of Public Safety.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Selling tickets for your daughter's booster club to a group taking a driving safety course.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Shouting at a belligerent defendant.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Stamping the judge's signature in the docket because the judge only comes in once a month and doesn't have time to sign the docket.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Talking to defendants about who will be the best candidate for mayor.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Telling a defendant if he or she wants a jury trial, the defendant will have to appeal the case.
I
What kind of city may contract with the county and the Texas Department of Motor Vehicles for the denial of vehicle registration?
Any city may contract.
When may a magistrate issue a summons?
Anytime that he or she may issue a warrant of arrest.
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Telling a defendant who calls on the telephone that the judge always gives extensions of time to pay. "All the defendant has to do is ask."
I
Only cities that have a juvenile case manager program must collect the $2 Truancy Prevention and Diversion Fund.
False (every municipal court must collect the $2 cost; having a juvenile case manager program only affects whether the city gets to retain any of the cost).
The judge may require a defendant who successfully completes his or her deferred to pay the fine.
False (fines are only imposed upon conviction).
If a court provides a sample form to a defendant, the court is obligated to assist that defendant to complete the form.
False (helping a defendant complete a form is giving legal advice).
The offense of no driver's license is always a Class C misdemeanor.
False (the offense can be enhanced on a third or subsequent conviction or if the defendant did not have financial responsibility and caused serious bodily injury or death to another in a crash).
If a defendant is convicted of the offense of failure to appear, the court is required to assess the $5 arrest fee
False (the offense of failure to appear is initiated by complaint, not a citation).
If a person is about to be appointed municipal court clerk for a city and the prospective clerk's aunt is the city secretary, how long must the aunt have worked in that position to be _________________ able to keep her job after the municipal court clerk is appointed?
30 days.
The officer's first responsibility when he or she arrests a person is to take the person before the magistrate named in the warrant within 10 hours of the arrest.
False (the officer must take the person before a magistrate without unnecessary delay, but not later than 48 hours after the arrest.)
The penalty for not wearing a helmet is a maximum fine of $200
False (the penalty is a minimum of $10 and a maximum of $50).
The city is required to submit annually a written report about its collection program to the Attorney General's Office.
False (the report goes to the Office of Court Administration).
An employee of the State Legislature may be eligible for an exemption from jury duty.
False (the statutes only contemplate a civil case).
If the charge for which the defendant's appearance was required is dismissed, the offense of violation of promise to appear must also be dismissed.
False (the two are separate charges).
The warrant fee can be collected upon conviction of a defendant only when a peace officer executes the warrant.
False (the warrant fee applies also if a peace officer processes the warrant).
The warrant fee must be allocated to the police department budget.
False (the warrant fee goes into the city's general revenue fund).
If another law enforcement agency executes the warrant, the court is required to send the $50 warrant fee to the other law enforcement agency even if the defendant is found not guilty.
False (the warrant fee only is assessed upon conviction).
The summons does not have to contain a notice in Spanish that it is an offense to intentionally influence, coerce, or harm a witness.
False.
There are no exceptions to the financial responsibility law
False.
May the court require an adult defendant's personal appearance if the defendant delivers the plea of guilty or nolo contendere and a waiver on or before his or her appearance date?
No.
When calculating time to present the court with an appeal bond, does the court count the 10th day if it falls on a Saturday?
No.
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Commenting privately to your spouse as to whom would be the best candidate for mayor.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Developing a records management program to help the court manage the progress of the cases through the court.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Informing defendants how to properly conduct themselves in court.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Issuing subpoenas when requested by the State or defense.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Maintaining competence in court procedures by attending regular educational programs for professional development.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Providing information requested under Rule 12.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Receiving fine money through the mail and then presenting the case to the judge to accept and sign a judgment.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Refusing to gossip with a friend about your neighbor's son who has a minor in possession of alcohol charge pending in your court.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Speaking to high school students in a government class on "Your Rights in Traffic Court."
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Teaching classes for the Texas Municipal Courts Education Center.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): When turning over a deposit to the accounting department, asking them to count the money and sign for the deposit.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Working with the judge to oversee the administration of the court.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Working with the police department to establish a security plan for the court.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Writing, with the judge, a weekly column about legal matters and court activity for the local newspaper.
P
When calculating when a defendant is to file an appeal bond, does the court count the day judgment was entered?
No (the court counts the following day as day one).
The Building Security Fee must be established by ordinance before the municipal court may collect it.
True.
The Code of Criminal Procedure is a law relating to a public servant's office or employment.
True.
The Code of Judicial Conduct governs a municipal judge and clerk's behavior in and out of the courtroom.
True.
The Code of Judicial Conduct is a law relating to a public servant's office or employment.
True.
The Office of Court Administration's monthly reports are governmental records.
True.
The Technology Fee may be used to pay for maintenance of court technology.
True.
The Technology Fee may only be assessed if the city establishes the fund by ordinance.
True.
The Transportation Code requires all cities to allocate fine money collected for traffic convictions in a certain manner in the city's budget
True.
The amount of evidence necessary for a finding of probable cause is evidence that causes a judge to believe that someone has committed a crime.
True.
The arrest fee is $5.
True.
The charge to the jury is given after both the defense and prosecution have concluded their evidence.
True.
The city must use the Building Security Fee to purchase security items for the court.
True.
The court does not assess court costs when a case is dismissed pursuant to a compliance dismissal.
True.
The court is required to assess the $5 arrest fee when a defendant is convicted after a warrantless arrest.
True.
The court is required to assess the $5 arrest fee when a defendant is convicted after being issued a citation
True.
The court keeps a 10 percent handling fee on the Consolidated Fee if remitted and reported timely.
True.
The court may require defendants to file all motions at least seven days before the pre-trial hearing date.
True.
The court must deposit money collected for the Traffic Fund into the city treasury.
True.
The culpable mental state for the offense of violation of promise to appear is willful conduct.
True.
The culpable mental state of the offense of failure to appear is intentionally or knowingly.
True.
The defendant cannot be compelled to testify.
True.
The docket must show whether the trial was conducted by the judge or by the jury.
True.
The fine for a first conviction for failure to maintain financial responsibility is a minimum fine of $175 and a maximum of $350.
True.
The judge is required to enter in the judgment the period of time for jail credit.
True.
The judge is required to issue a writ of venire when a defendant does not waive his or her right to a jury trial.
True.
The judicial system is built on the principle of being independent from the other branches of government.
True.
The maximum fine for driving while license invalid is $500.
True.
The maximum fine that a court may assess for the offense of violation of promise to appear is $200.
True.
The offense of failure to appear is a Class C misdemeanor if the offense for which the person was required to appear is also a Class C misdemeanor
True.
The offense of public intoxication may not be filed in municipal court by citation, but must be initiated by a sworn complaint.
True.
The only time that a municipal judge may issue a summons is when the city prosecutor makes a request for its issuance.
True.
The penalty for failure to secure a child under eight in a child passenger safety seat is a minimum fine of $25 and maximum fine of $250
True.
The style and file number of each case must be entered on the docket.
True.
The time payment fee is required to be paid by a defendant who pays any part of a fine, costs, or restitution on or after the 31st day after a judgment is rendered
True.
The warrant fee may be collected only when a peace officer executes or processes the warrant, capias, or capias pro fine.
True.
Three options for handling difficult people are to be authoritative, positive, and/or task oriented.
True.
When a citizen wants to file a case and the clerk is unsure whether the municipal court has jurisdiction, the judge may talk to the person to see if the case should be filed in municipal court.
True.
When a city enforces excess motor carrier violations, the city may keep fines from these offenses as long as the amount does not exceed 110 percent of the city's actual expenses for enforcement in the preceding fiscal year.
True.
When a city is not within 20 miles of an international border, the city must remit to the State 50 percent of the fines collected for over gross weight violations
True.
When a defendant is arrested on a capias, the officer must bring the person before the court immediately or on a certain day stated in the capias.
True.
When a defendant is convicted of a Subtitle C offense in a school-crossing zone, the defendant is required to pay $25 for the Child Safety Fund.
True.
When a defendant is found guilty, he or she may request a new trial or appeal the case.
True.
When a defendant mails a plea of guilty or nolo contendere and waiver of jury trial to the court, the court considers that the defendant has made an appearance.
True.
When a defendant pays a fine and court costs without sending in a plea, the payment constitutes a plea of nolo contendere and a written waiver of jury trial
True.
When a defendant posts a bond and fails to appear for traffic offenses, the court must report the bond forfeiture to the Department of Public Safety when there is a final judgment on the forfeiture.
True.
When a defendant presents proof of financial responsibility to the court, the court must verify it before dismissing the case.
True.
When a defendant returns to court after being denied renewal of his or her driver's license, the defendant must pay the court an additional $30 court cost unless the defendant is acquitted.
True.
When a defendant under the age of 25 charged with a moving violation is granted deferred, the judge must make the defendant take a driving safety course as a term of the deferred disposition.
True.
When a parent is convicted of contributing to nonattendance, the city must pay the fine to the school district
True.
When a peace officer with statewide authority arrests a person, the court is required to remit $10 of the warrant fee to the State upon conviction.
True.
When a person does not reside within a city, he or she may not serve as a juror in municipal court.
True.
When an off-duty peace officer appears at the trial but does not testify, the court may not assess the costs of the peace officer appearing for the trial.
True.
When an officer loses a ticket and finds it three months later and then files it with the court, the court has jurisdiction to try the case.
True.
When the telephone for the court is answered "police department," it may give the public the impression that they will not be treated fairly or impartially.
True.
Witnesses may be excluded from trial only when "The Rule" is invoked.
True.
Witnesses who fail to appear after being served with a subpoena may be fined up to $100.
True.
obscures the name of the state on the license plate. _____ Q. 44. The court may charge a dismissal fee for dismissing a charge of failure to display a driver's license if the defendant had a valid driver's license on the day of the arrest.
True.
When a peace officer issues a citation for an offense in Subtitle C, Rules of the Road, how long must the officer give the person to appear in court? (circle one) a. 10 days b. 15 days c. 20 days d. 25 days
a. 10 days.
Amicus Curiae is a special program developed by the Commission on Judicial Conduct to address judicial impairments.
True
Both clerks and judges may establish and maintain a financial management program for the court.
True
Clerks may not conduct trials.
True
Clerks may not issue arrest warrants.
True
Clerks should keep records of restitution payments and coordinate payments to victims.
True
Community service may only be performed for a governmental entity or a nonprofit organization.
True
Complainants may request the Commission on Judicial Conduct keep their identity confidential.
True
Court clerks may prepare warrants but do not sign them.
True
Defendants in municipal court have a constitutional right to a speedy trial.
True
Defendants may represent themselves at trial
True
Fine penalties for violations of state law offenses vary
True
If a judge determines that working more than 16 hours a week will not be a hardship, the court may order more time.
True
If an offense has a specific penalty, the general penalty does not apply.
True
Improper conduct includes failure to conduct court business in a timely manner.
True
In a general-law city, a court clerk automatically serves for a two-year term unless the city provides by ordinance for a longer term.
True
It is proper for a court to follow the recommendations of a city auditor regarding recording, handling, and reporting procedures for court costs and fines.
True
Judges could be reprimanded for incompetence in the performance of their duties.
True
Judges may ask the clerk to administer the oath to the six persons chosen for jury duty.
True
Judges must specify in a community service order the amount of hours to be worked
True
Municipal court clerks may administer an oath pertaining to any matter in municipal court
True
Municipal court defendants have a right to a copy of the complaint
True
Municipal courts are not required to pay persons who serve as jurors in their courts.
True
Municipal courts are required to collect a $3 jury fee upon conviction by a jury.
True
Municipal judges are magistrates
True
Municipal judges are magistrates.
True
Municipal judges may perform duties that a magistrate has the authority to perform.
True
Municipal judges, acting as magistrates, may accept a complaint (probable cause affidavit) for a felony.
True
Municipal judges, acting as magistrates, may issue Emergency Protective Orders for an offense involving family violence.
True
Municipal judges, acting as magistrates, may issue search warrants.
True
Offenses outside of the Penal Code that are fine-only, regardless of the amount of the fine, are Class C misdemeanors.
True
Official court reporters are required to take an oath of office just like an elected or appointed official.
True
Only a judge may issue a summons for a defendant.
True
Only judges may grant driving safety courses, but clerks may give defendants the paperwork.
True
Persons who are over 70 years of age may request a permanent exemption from jury duty
True
Persons who are over 70 years of age may request a permanent exemption from jury duty.
True
Prosecutors help investigate and decide what complaints are filed in court.
True
Removing a juror during voir dire is called removal for cause.
True
The Commission on Judicial Conduct may dismiss a case if a judge took corrective action in the case against him or her.
True
The charging instrument in municipal court is the complaint
True
The court is required to send notice of all traffic convictions to DPS.
True
The court may collect the $25 special expense fee on nonappearance crime warrants only after the city has adopted an ordinance requiring the fee to be collected.
True
The court must notify DPS of convictions for city ordinance traffic offenses.
True
The court must report final judgments on bond forfeitures for traffic offenses.
True
The judge has authority to waive the fine and costs after the defendant defaults on payment, is indigent, and unable to perform community service.
True
The maximum possible fine for a Class C Penal Code offense is $500.
True
The maximum restitution that municipal courts may require for the issuance of a bad check is $5,000.
True
The municipal court clerk is required to file a person's request for a permanent exemption with the county tax assessor-collector.
True
The prosecutor is responsible for preparing and drafting complaints and may ask the clerk for assistance.
True
Usually, clerks are responsible for establishing and maintaining a financial management program for the court.
True
Voir dire is a process where jurors may be removed if they have preconceived opinions about a case.
True
When a defendant fails to pay a previously assessed fine, the court may require a defendant to perform community service to discharge the fine
True
When a defendant posts a bond with the court, he or she is promising to appear in court at a later date.
True
When a judge enters a judgment, the penalty is the fine and costs and in some cases, other sanctions.
True
When a judge grants deferred disposition to a defendant charged with an Alcoholic Beverage Code offense, the judge must require attendance at an alcohol awareness program
True
When the court allows a personal bond, the security is the person's word that he or she will appear in court.
True
A municipal court clerk violates Section 36.02 of the Penal Code when he or she accepts money from a citizen to destroy, conceal, or remove traffic citations from the court files even though the clerk never did destroy, conceal, or remove the citations.
True.
A municipal court summons must follow the same form and procedure of the summons issued by the district court.
True.
A municipal judge has a duty to take some action against another judge who is violating the Code of Judicial Conduct.
True.
A municipal judge may hire his or her brother's daughter to file a backlog of municipal court documents and pay her with the judge's own money.
True.
A municipal judge may issue a summons.
True.
A municipal judge may use a city telephone to make local personal telephone calls.
True.
A municipal judge should report an attorney who presented false evidence to the court.
True.
A parent and her child are related by consanguinity.
True.
A parent and his adopted child have a degree of consanguinity between them.
True.
A part-time employee of the court is a public servant.
True.
A peace officer may be compelled to serve a subpoena
True.
A person must be able to read and write to be a juror.
True.
A person swearing to a complaint must sign his or her name in front of the person administering the oath.
True.
A person who is accused of or has been convicted of misdemeanor theft may not be a juror.
True.
A person who recklessly damages someone else's property even though they might not have intended to do it may be charged with a crime.
True.
A plea of not guilty means that a person is denying guilt or has a defense.
True.
A public official includes a judge of a court created by or under a statute of this State.
True.
A signature of the affiant or jurat can be electronically captured.
True.
A summons for a corporation or association requires the court to wait 20 days after service on the corporation or association before requiring an appearance by counsel for the corporation or association.
True.
A summons issued for a corporation or associate must be served in person.
True.
A summons may be served by mailing it.
True.
A summons tells the defendant to appear in court at a stated time and place.
True.
A violation of the nepotism statute is an offense involving official misconduct.
True.
An interpreter for a defendant who is hard of hearing must be a certified interpreter.
True.
At trial, the prosecution presents its evidence first.
True.
Citizens have the right to file a complaint with the court.
True.
City officials are prohibited from evaluating or disciplining a judge on the amount of money they collect from persons convicted of traffic offenses and may be removed from office for doing so.
True.
Clerks are required to have copies of warrants and affidavits on file for public viewing after the warrants have been executed.
True.
Copies of state reports retained by the court are governmental records.
True.
Correspondence received from the defendant is a governmental record.
True.
Court reporters must keep their records of a trial for a 20-day period beginning the last day of the trial or motion for new trial is denied or until an appeal is final.
True.
Courts are required to appoint interpreters for witnesses who do not speak English.
True.
Courts are required to issue subpoenas when requested by either the State or the defense.
True.
Courts are required to report to the Department of Public Safety all convictions for violations of laws regulating the operation of a vehicle on a highway
True.
Courts may grant deferred disposition and allow defendants to pay court costs during the deferral
True.
Courts must report nonresident defendants convicted of traffic violations within six months.
True.
Courts must report to DPS forfeitures of bail on defendants charged with traffic violations even though the defendant has not been convicted
True.
Courts must report traffic convictions not later than the seventh day of conviction
True.
Defendants are entitled to a jury trial.
True.
Having a separate room away from the public where peace officers may swear to complaints and conduct other court business helps the court avoid any appearance of impropriety.
True.
If a Subtitle C, Rules of the Road offense is committed in a construction or maintenance work zone when workers are present and that fact is alleged and proven, the minimum and maximum fine amounts are doubled
True.
If a canon says a judge shall or shall not conduct him or herself in a certain manner, the judge does not have discretion in that matter.
True.
If a city does not conform with its collection program, the city cannot retain its 10 percent handling fee or 50 percent of the time payment fee.
True.
If a city wants to collect a fee not to exceed $25 for failure to appear warrants, the city must adopt an ordinance authorizing the collection of the fee.
True.
If a clerk gives legal advice it may compromise the impartiality of the court.
True.
If a court fails to properly report traffic convictions to the Department of Public Safety, the judge or clerk may be removed for misconduct in office.
True.
If a court fails to report traffic convictions to DPS, the judge or clerk could be removed from office for misconduct
True.
If a defendant is granted a driving safety course, the defendant must pay court costs.
True.
If a defendant refuses to plead, the court must enter a not guilty plea for him or her.
True.
If a judge allows a defendant to reimburse a victim by paying in installments, the court can require the defendant to pay a $12 fee.
True.
If a motorcycle operator can produce evidence to an officer who has lawfully stopped them that they are under the exceptions to wearing protective headgear, the officer cannot issue a citation.
True.
If a municipal court does not have a complaint or citation filed, the court may not accept a plea of guilty from the defendant.
True.
If a peace officer is unable to serve the subpoena, he or she must state the diligence used in attempting to locate the witness
True.
If a person charged with an expired driver's license obtains a valid driver's license within 20 working days, the court may dismiss the charge and assess a $20 fee.
True.
If a rule requires certain conduct of others, the judge must exercise reasonable direction and control over the conduct of anyone who is subject to the judge's direction and control.
True.
If a subpoena has been requested within seven business days of the trial, it may not be served by mail.
True.
If a trial is before the judge, the judge makes the decision of whether the defendant is guilty or not guilty.
True.
If an agency, other than the one issuing the warrant, executes the warrant, that agency may request the $50 fee.
True.
If cities want to deny the renewal of driver's licenses to defendants who fail to appear or fail to pay, they must contract with DPS.
True.
If someone swears to a complaint, he or she is declaring by oath the truth of the information contained in the complaint.
True.
If the defendant failed to appear, a vendor's fee is based on the amount of fine eventually assessed by the court or jury.
True.
If the prosecutor decides to file the offense of failure to appear on old cases that have already gone to warrant, the failure to appear must have occurred less than two years previously.
True.
In Texas, drivers must adhere to a strict standard of care when driving
True.
In Texas, traffic cases are criminal.
True.
In a municipal court, a defendant can mail to the court a plea of guilty or nolo contendere and appeal his or her conviction without making a personal appearance in court.
True.
Judges have authority to waive court costs and fees when a defendant participates in a teen court program.
True.
Judges must always remain neutral when assessing probable cause.
True.
Mailed pleas are considered timely made if deposited in the U.S. Postal Service properly addressed and stamped on or before the appearance date
True.
Many Transportation Code offenses do not require a culpable mental state.
True.
Municipal court complaints are governmental records.
True.
Municipal court jurors are public servants.
True.
Municipal courts may not exclude the news media from attending trials.
True.
On a conviction for a second or subsequent offense of failure to maintain financial responsibility, the court is required to order the impoundment of the vehicle.
True.
Peace officers may issue citations to a person driving a vehicle if a license plate holder obscures the name of the state on the license plate.
True.
People listen through filters that often block communication
True.
Persons charged with passing a school bus are not eligible to take a driving safety course.
True.
Persons convicted of a parking offense under the privileged parking law face escalating penalties depending on the number of prior convictions
True.
Persons who are disabled and have the proper documentation may park at parking meters free.
True.
Pleading guilty means that a defendant admits to having committed the crime.
True.
Stress is unique and personal to each of us.
True.
The $10 collected when a court grants a driving safety course must be deposited into the city treasury.
True.
The 60 cents retained by the city from the State Judicial Support Fee must be used to promote the efficient operation of the municipal court and the investigation, prosecution, and enforcement of offenses that are within the jurisdiction of the court.
True.
What happens to municipal court proceedings when a defendant files an appeal bond with the court?
All municipal court proceedings cease.
What happens to municipal court proceedings when an appeal bond is filed with the court?
All proceedings in municipal court cease.
When a case is appealed, what does a non-record municipal court send to the appellate court?
Along with the transcript, the court is required to send all the original documents in the case. The court keeps copies for its file.
A bailiff is not a public servant.
False.
Only justices of the peace may conduct license suspension hearings.
False
Only justices of the peace may conduct peace and bond hearings.
False
Since Municipal Courts are local courts, they do not have to follow federal or state law.
False
Statutes do not establish limits on the amount of maximum possible penalties that municipalities may create in their ordinances.
False
The clerk may ask the defendant how he or she wants to plea.
False
The judge plays an adversarial role in court.
False
The prosecutor, with the consent of the judge, has the authority to dismiss a case.
False
When a defendant calls the court to request that the clerk reset his or her case to another trial date, the clerk may grant the continuance and reset the case.
False
When a judge is in the officer part-time, the clerk may use the judge's signature stamp to sign judgments on cases in which a defendant pays a fine at the clerk's office.
False
When a judge is not available, the clerk may grant deferred disposition or Teen Court.
False
When defendants present proof that they renewed an expired driver's license, the clerk may dismiss the case.
False
When a defendant charged with the offense of failure to maintain financial responsibility fails to appear, he or she may be charged with violation of promise to appear.
False (FMFR is not a Rules of the Road offense; the correct charge would be FTA).
State inspections of motor vehicles and equipment are no longer required after March 1, 2015.
False (Inspection is still required in Texas. After March 1, 2015, however, there will not be a separate inspection sticker. In addition, the offense of failing to display an inspection sticker was repealed effective on this date).
The clerk may serve a subpoena by sending it in the regular mail.
False (a clerk may not serve a subpoena and a mailed subpoena must be sent certified mail return receipt requested).
Complaints alone are enough evidence to establish probable cause
False (a complaint may contain probable cause if additional information is added to the complaint to cause the judge to believe that this defendant has committed the crime alleged in the complaint).
Adult defendants requesting a jury trial must personally appear for the trial.
False (a defendant may, with the consent of the prosecutor, appear by his or her attorney and the trial may proceed without the defendant being present).
Only a magistrate may set a bond.
False (a judge can require a defendant to post a bond in municipal court under Article 45.016, C.C.P.).
Mayors have no authority to issue a summons.
False (a mayor may issue a summons as a magistrate or if the mayor is also the municipal judge, the mayor may issue the summons as a judge).
All mayors have authority to issue a capias.
False (a mayor who is also the judge of the city may issue a capias; however, a capias may be issued only by a judge with authority to hear the case and not by a magistrate. In general-law cities that have not adopted an ordinance to create the position of municipal judge, the mayor is the judge.).
Municipal court defendants do not have a right to notice of the crime with which they are being charged.
False (all defendants have a right to notice).
Mayors do not have the authority to issue warrants for felonies.
False (as a magistrate, a mayor does have the authority. See Art. 2.09, C.C.P.).
Cities must remit one-half of all safety belt fines and fines for not securing a child in a passenger safety seat system to the State at the end of the city's fiscal year.
False (cities must remit one-half of the fines collected upon conviction for a child not being secured in a passenger safety seat system or a safety belt, not of all safety belt fines).
Court clerks may give legal advice to citizens if so directed by the judge.
False (clerks may only give legal information).
When the court collects only part of the fine and costs, the clerk may allocate all of the money to the fine.
False (collected money goes first to costs).
When a court prorates court costs and fees, the costs and fees owed to the State must be paid before the costs and fees retained by the city
False (collected money is prorated among all costs).
Courts must report dismissals when a defendant charged with a traffic offense completes deferred disposition
False (courts do report when a defendant completes a driving safety course, not a deferred disposition).
A defendant who pleads guilty by mail has 31 days from the date the judgment is entered to file an appeal bond with the court.
False (defendant has 31 days from the date defendant receives notice of the amount of the appeal bond).
Defendants must request a jury trial if they want one
False (defendants are entitled to a jury trial, meaning they automatically get a jury trial, must waive that right if they do not want one, and must ask for a bench trial if they want one).
Defendants are entitled to notice−a copy of the complaint−at least five days prior to trial.
False (defendants are entitled to notice not later than the day before any proceeding).
A defendant who is not entitled to take a driving safety course must pay an administrative fee equal to the amount of the fine that could have been imposed.
False (defendants entitled to take a DSC may be required to pay an administrative fee of up to $10; those granted a DSC under the court's discretionary power may be required to pay an administrative fee up to the amount of the fine that could have been imposed).
A clerk may give legal advice if he or she is certain that the advice is correct.
False.
A clerk may give legal advice to defendants who represent themselves
False.
A complaint is defective if either the affiant or the jurat stamps their signature instead of actually writing it.
False.
A complaint is valid as long as it has been sworn to even if the person administering the oath does not sign the jurat.
False.
A complaint that is not signed by the affiant is still a valid complaint
False.
A court clerk may not be an affiant on a complaint.
False.
A defendant convicted of passing a school bus does not have to pay $25 to the Child Safety Fund unless the offense occurs within a school-crossing zone.
False.
A defendant involved in a collision who pleads nolo contendere to the traffic charge may have the plea held against him in a civil suit.
False.
A docket does not have to include the type of offense with which the person is charged.
False.
A judge does not need probable cause to issue a capias.
False.
A judge may talk with a defendant on the telephone about his or her case, because a telephone conversation is not an official court appearance.
False.
A letter to the judge from a defendant telling the defendant's side of his or her case is not considered ex parte communication.
False.
A municipal court administrator may participate in a trip paid for by an attorney who practices before a municipal judge for whom the clerk works.
False.
A municipal court clerk has the authority to issue a capias.
False.
A municipal court clerk has the authority to issue a summons.
False.
A municipal court clerk is in violation of Section 37.10, Tampering with a Government Record, if he or she erases and corrects a mistake he or she made in entering information on a docket.
False.
A municipal court clerk may accept payment for making a speech that he or she has been asked to make because he or she is a court clerk.
False.
A municipal court clerk may use court letterhead to write a cover letter for an application for a job for which the clerk is applying.
False.
A municipal court clerk may use racial epithets to refer to witnesses.
False.
A municipal court clerk who learns in a city staff meeting that the city wants to acquire a certain piece of property for a park may pass that information on to a friend who is a real estate agent.
False.
A municipal judge may hire his or her spouse's sister as a municipal court clerk.
False.
A municipal judge may hire the mayor's daughter as a municipal court clerk in exchange for a job as the mayor's secretary for the municipal judge's first cousin.
False.
A municipal judge may make a court clerk address the judge's Christmas cards for him or her during the clerk's workday.
False.
A municipal judge may make listening to his or her dirty jokes a condition of employment for a court clerk.
False.
A municipal judge may use court letterhead to write members of a fraternity urging them to join the local chapter
False.
A municipal judge may voluntarily testify for someone else as a character witness.
False.
A municipal judge or clerk may accept free tickets to a college football game from the dean of a private college that is in the city where the municipal judge's court is located.
False.
A municipal judge or clerk may be a member of the Ku Klux Klan.
False.
A municipal judge or clerk may use a car furnished by the city for a vacation trip.
False.
A person who is not registered to vote may not serve on a jury.
False.
A school-crossing zone is a reduced speed zone to facilitate the safe crossing of students in public schools only
False.
A subpoena is not valid unless the municipal court seal is impressed on it
False.
All traffic fines have a maximum fine of $200.
False.
All traffic offenses require that a culpable mental state be alleged when charging a person with a traffic offense
False.
Although peace officers may not be evaluated on the number of tickets that they issue, they may be evaluated on the type of tickets that they issue.
False.
An attorney representing a client in municipal court is not a public servant.
False.
Bias is acceptable as long as it does not surface in the form of words in the court.
False.
Cities may not obtain budgetary information from a municipal judge because that would require the judge to estimate the amount of money he or she anticipates will be collected in the coming budget year.
False.
Cities with a population of 100,000 or greater are required to develop and maintain a program to improve the collection of court costs, fees, and fines.
False.
Clerks may influence a judge's decision about a particular case if the defendant was difficult to handle.
False.
Communication involves only the sending of information.
False.
Communication is affected only by the sender's thoughts and feelings, not the receiver's.
False.
Defendants completing a driving safety course do not have to pay court costs.
False.
Defendants may not use cash as security on a bail bond.
False.
Defendants who fail to appear may still be tried in their absence.
False.
During deliberation, if a juror has a question, the defense or prosecution may answer the question.
False.
Generally, the city council has a choice about retaining an appointed municipal court clerk who is convicted of official misconduct in the form of nepotism.
False.
If a clerk determines that there is an error on a traffic citation, the clerk should tell the judge so that the judge can dismiss the case.
False.
If a defendant calls and wants to reset the case, the clerk has authority to reset the case.
False.
If a defendant is being charged with more than one offense, the court may put all the offenses on one complaint.
False.
If a defendant mails the plea and waiver to the court after his or her appearance date but at least five business days before a scheduled trial date, the court may make the defendant make a personal appearance.
False.
If a defendant makes a partial payment, the vendor is paid after local and state court costs are paid.
False.
If a defendant's charge is the result of having caused a traffic collision, the judge has the authority to require that person to make an appearance in open court
False.
If a defendant's name is misspelled on a sworn complaint, the court clerk may correct it and the prosecution may proceed on the complaint.
False.
If an adult defendant's attorney appears in open court, the defendant must also appear in open court.
False.
If the court collects a $10 fee to be paid to the teen court program, the program does not have to account to the court for how it uses the money.
False.
If the defendant sends in the wrong amount, the clerk must, before he or she gives the case to the judge, contact the defendant and try to get the rest of the money.
False.
In Texas, prosecutors must prove that traffic offenders intended to commit the traffic offense.
False.
It is not ex parte communication to inform the judge about information from a defendant relating to the defendant's case pending in the court.
False.
Judges and clerks may treat persons with preference based on their religion and sexual orientation.
False.
Judges do not have discretion to reduce the fine or remit the fine if the witness subpoenaed eventually appears and testifies.
False.
Jurors may be selected only from city tax rolls.
False.
Municipal court clerks have the authority to serve a summons.
False.
Municipal court does not have jurisdiction over the offense of passing a school bus loading or unloading children.
False.
Municipal courts may exclude city council members from attending trials.
False.
Only a vehicle liability insurance policy is acceptable proof of financial responsibility
False.
Only peace officers can enforce privileged parking
False.
Only the defense may ask the court to remove a juror because the juror has already decided that the defendant is guilty.
False.
Only the officer who personally observed an offense may be an affiant on a complaint.
False.
Penal Code offenses do not require a culpable mental state.
False.
Probable cause must always be in a separate affidavit from a complaint.
False.
Someone convicted of the offense of parent contributing to nonattendance does not have to pay the $20 for the Child Safety Fund.
False.
The believability of communication depends only on what words are said and not on how a person sounds or looks when speaking.
False.
The capias does not have to state a time when it is to be returned to the court.
False.
The court may assess a dismissal fee of up to $20 for dismissing a charge upon proof of financial responsibility.
False.
The court must know the name of the defendant before it can issue a capias.
False.
The date the complaint is sworn does not have to be noted in the jurat.
False.
The defense does not have a right to cross-examine the prosecution's witnesses.
False.
The municipal court in a city with a population greater than 850,000 is required to assess a fee of $8 on parking convictions, depending on the amount set by city council.
False.
The municipal court in a city with a population less than 850,000 is required to collect a fee of up to $5 on parking convictions if the city orders the collection
False.
The officer's notes on the back of a citation are not considered ex parte communication.
False.
The presiding municipal judge may hire the child of a sister of an alternate municipal judge to type the docket sheets.
False.
Indicate which office(s) to call if you need assistance on: driving records
Department of Public Safety
The purpose of the Building Security Fee is to provide all city buildings with security
False.
The specific location where an offense occurs must always be stated in the complaint
False.
When a peace officer serves a subpoena, how much must a defendant pay if he or she is convicted?
Five dollars.
When a peace officer summons a jury, how much must a defendant pay if he or she is convicted?
Five dollars.
A search warrant may command a peace officer to search for and seize a person's property.
True
A warrant issued by a judge must command that the person be brought before the court.
True
What is a home-rule city?
A city that has a charter that governs it, and therefore has a measure of self, government.
If the city does not report timely, what happens to the handling fee?
Cities may not keep the handling fee but must remit it to the State.
What is the penalty for interpreting without being licensed by the State?
Class A Misdemeanor.
Indicate which office(s) to call if you need assistance on: the proper forms to report traffic convictions
Department of Public Safety
What words are required to be on the seal of a municipal court of record?
"Municipal Court of/in __________, Texas."
What is the wording on a municipal court of record seal?
"Municipal court of/in ______, Texas"
What constitutes a period of time for determining jail credit?
"Period of time" is defined as not less than 8 hours or more than 24 hours as specified in the judgment of a case.
What is the maximum penalty that may be assessed when a juror fails to appear in municipal court?
$100.
What is the maximum penalty that a city council can establish for ordinance offenses involving public health and fire safety violations?
$2000
What is the maximum amount of a fine for a Class C Misdemeanor offense in the Penal Code?
$500
Information gathered by the Commission on Judicial Conduct may never be made public.
False
It is possible through planning to eliminate all stress in the workplace.
False
Judges can permit clerks to perform judicial duties and then later adopt the actions of the clerk.
False
A warrant issued by a magistrate must command that the person be brought before a magistrate.
True
A warrant issued by a municipal judge may only be served in the county in which the city is located.
True
What is the maximum amount of time that a judge may place a defendant on probation under deferred disposition?
180 days.
How long does a defendant have to take a driving safety course and present evidence of course completion to the court?
90 days.
What fee must municipal courts assess when a defendant fails to withdraw a request for jury trial 12 hours before the trial and is then later convicted?
A $3 fee.
When must a court issue a capias?
A capias is required to be issued when a forfeiture of bail is declared.
What is a capias pro fine?
A capias pro fine is a writ issued by a court having jurisdiction of a case after judgment and sentence for unpaid fines and costs. If the defendant is not in custody when judgment is rendered or if the defendant fails to satisfy the judgment, the court may issue a capias pro fine
When a defendant fails to respond to a summons issued by the court (judge), what type of order does the court issue?
A capias.
Explain the difference between a civil and criminal case.
A civil case usually deals with private rights of individuals, groups, or businesses. A civil lawsuit can be brought when one person feels wronged or injured by another person. A criminal case is legal action brought by the government against a person charged with committing a crime.
How long can a continuance last?
A continuance may be only for as long as is necessary.
When is a municipal court that is located in a county with a population of at least 50,000 not required to appoint a licensed court interpreter for a non-English speaking defendant?
A court in a county with population of at least 50,000 may appoint a spoken language interpreter who is not certified or licensed if: the language necessary in the proceeding is a language other than Spanish; and the court makes a finding that there is no licensed court interpreter within 75 miles who can interpret in the language that is necessary in a proceeding.
When is a defendant's appeal completed?
A defendant's appeal is completed when the defendant presents the court with an appeal bond in the required time period.
List methods of giving notice of a pre-trial hearing to a defendant's attorney
A defendant's attorney may be notified of a pre-trial hearing in one of the following ways: (1) in open court; (2) by personal service on the attorney; or (3) by mail at least six days prior to the date set for the hearing.
Who may request a continuance when the trial date falls on a religious holiday?
A defendant, defense attorney, prosecutor, or juror.
What is the general penalty for contempt in municipal courts?
A fine not to exceed $100 and/or three days in jail.
What is the penalty for a witness's failure to appear pursuant to a subpoena?
A fine not to exceed $100.
What is the penalty for contempt by an officer's failure to execute process?
A fine of $10 to $200.
What is the penalty for failure to appear for jury duty in municipal court?
A fine of not more than $100.
When may the judge forfeit a cash bond without going through the bond forfeiture proceedings in Chapter 22?
A judge may take a bond for the fine and costs when a defendant has entered a written and signed conditional plea of nolo contendere and a waiver of jury trial, and the defendant fails to appear according to the terms of the defendant's release.
When may a judge waive court costs and the fine?
A judge may waive the fine and costs when a defendant defaults in payment of fine, is indigent or was a child at the time of the offense, and performing community service would be a hardship, or when the defendant receives a deferral and completes a teen court program.
How is a judgment satisfied?
A judgment is satisfied when the defendant has completed everything the judgment ordered him or her to do, most often by paying the fine and costs in full.
List what a clerk is required to do concerning fraudulent documents.
A municipal court clerk is required to notify in writing the aggrieved person against whom the purported judgment, act, order, directive, or oral process is rendered. If the document or instrument purports to create a lien on real or personal property, the clerk is required to notify in writing the person named in the document at his or her stated or last known address. The clerk is required to provide this written notice not later than the second business day after the date that the document or instrument is offered or submitted for filing. The clerk is also required to post a warning sign with letters at least one inch in height that is clearly visible to the general public near the clerk's office stating: "IT IS A CRIME TO INTENTIONALLY OR KNOWINGLY FILE A FRAUDULENT COURT DOCUMENT OR INSTRUMENT."
Why can a municipal court clerk not issue a warrant or capias?
A municipal court clerk may not issue a warrant or capias because he or she does not have the authority to determine probable cause. Only a judge or magistrate may determine probable cause.
Who may administer the oath to an affiant swearing to a complaint in municipal court?
A municipal judge, court clerk, deputy court clerk, city secretary, city attorney, or deputy city attorney.
If a case is a traffic violation, what must the clerk send to the Department of Public Safety upon conviction?
A notice of final conviction within seven days of the date of judgment.
100. A clerk who had a personality clash with another employee went to her supervisor and said that the other employee did not know how to do the job. Is there an ethical problem here? If so what is it? What should the clerk have done?
A personality clash is not an ethical problem, but when the clerk told her supervisor that the other person did not know how to do her job just because of their personal differences, it became an ethical problem. The ethical problem is the clerk's lie about the other employee. If the two employees could not work out their differences, they should have asked a supervisor to mediate and both demonstrated an effort to not let their differences affect their work.
How can a juror request an exemption?
A prospective juror may establish an exemption without appearing in person by filing a signed statement of the grounds for the exemption with the clerk of the court at any time before the date of trial.
When may a court use a qualified telephone interpreter?
A qualified telephone interpreter may be sworn to interpret for the person in any criminal proceeding before a judge or magistrate if: an interpreter is not available to appear in person before the court; or the only available interpreter is not considered to possess adequate interpreting skills for the particular situation or is unfamiliar with the use of slang. "Qualified telephone interpreter" is defined as a telephone service that employs: licensed court interpreters as defined by Section 157.001 of the Government Code; or federally certified court interpreters.
What is the form of a summons issued by a magistrate?
A summons issued by a magistrate is in the same form as a warrant except that it shall summons the defendant to appear before a magistrate at a stated time and place.
If a citation has been filed to initiate the proceedings in court, when does a sworn complaint have to be filed?
A sworn complaint must be filed with the defendant fails to appear or when the defendant pleads not guilty unless the defendant and prosecutor agree in writing to proceed on the citation.
If a citation is filed with the court and the defendant fails to appear, what must be filed?
A sworn complaint.
When a defendant fails to respond to a summons issued by a magistrate, what type of order does the magistrate issue?
A warrant of arrest.
What kind of order is a warrant of arrest?
A written order; a writ.
Is a municipal court clerk's spouse related to him or to her by consanguinity or by affinity?
Affinity (by marriage).
Is a municipal court clerk's spouse's sister related to the clerk by consanguinity or by affinity?
Affinity.
How are the six persons selected for the jury?
After voir dire and peremptory challenges, both the prosecutor and defendant give their lists to the court clerk who writes or prints the first names on the lists that have not been struck by either party. Then the clerk gives a copy of the list to the prosecutor, defendant, and judge.
What is meant by the statement: "The American judicial system is an adversarial system?"
An adversarial legal system is one in which the lawsuit or case is views as a struggle between two sides. Each side acts in its own interest, presenting its case in the best possible light to the court. The judge remains neutral and decides questions of law (a disputed legal contention) and , when there is no jury, questions of fact (a disputed factual contention). The theory of this process is that the trier of fact (the judge or the jury) will be able to determine the truth if the opposing parties present their best arguments and show the weaknesses in the other's case. Decisions are based upon the evidence presented and the applicable law.
What must the amount of an appeal bond be?
An appeal bond may not be less than two times the amount of the fine and court costs, but it may be more. In no case can it be less than $50.
What is a question of law?
An issue involving application/ interpretation of law.
What is a question of fact?
An issue involving resolution of a factual dispute.
After a mistrial has been declared, when can the court conduct another trial?
Another trial may be conducted as soon as practicable
List your own living relatives within the third degree by affinity.
Answers will vary from clerk to clerk.
List your own living relatives within the third degree by consanguinity.
Answers will vary from clerk to clerk.
Give a specific example of demand overload or under-load in your court and make suggestions to relieve the problem.
Answers will vary.
List one to two changes in your diet and/or nutrition plan that might help you better cope with stress
Answers will vary.
What is the arraignment?
Arraignment is the procedure where the judge identifies the defendant, explains the charge, and requests a plea.
What authority does the city have to contract with a vendor for collection of fines?
Article 103.0031 of the Code of Criminal Procedure provides authority for a city to contract with a private attorney or vendor to collect fines, fees, restitution, and other debts or costs.
Under what authority may a peace officer issue a traffic citation for offenses outside of Subtitle C, Rules of the Road?
Article 14.06(b) of the Code of Criminal Procedure.
When a defendant fails to appear after having posted a bond, what must the court do?
Article 22.02 of the Code of Criminal Procedure requires that the court order the defendant's name called outside the courtroom. This is an element of the bond forfeiture lawsuit. This requirement makes sure that the defendant had notice that his or her case was being called before the court.
What is the clerk's responsibility regarding records of defendants who have been in jail and later convicted?
As custodian of the records, clerks should properly record jail-time credit on a defendant's case file and in the docket.
What is the maximum amount of a fine for a Class C misdemeanor outside of the Penal Code?
As long as the offense is punishable by fine, max amount is set by legislature
When must a city submit a report on court costs to the State?
Court cost reports must be filed with the State by the last day of the month following each calendar quarter.
Why should clerks report an out-of-state violator as soon as they fail to appear or fail to pay?
Because DPS may not transmit a report on any violation if the date of the transmission is more than six months after the date on which the traffic citation was issued
Who is entitled to a subpoena?
Both the defense and the prosecution.
What court has jurisdiction in the case as follows: an appeal from a district court
Court of Appeals
Should a municipal court clerk report to the Commission on Judicial Conduct a judge's willful violation of the Code of Judicial Conduct?
Canon 3D requires judges to take appropriate action upon receiving information clearly establishing that another judge has committed a violation of the Code of Judicial Conduct. If the violation raises a substantial question as to the other judge's fitness for office, the judge shall inform the State Commission on Judicial Conduct or take other appropriate action. Depending on the circumstances, the appropriate action may be reporting the judge to the city council or the Commission. If in doubt, you should call the Commission to discuss the issue.
In which chapter of Subtitle C do you find rules on arrest and prosecution of traffic violators?
Chapter 543.
In which chapter of Subtitle C do you find the requirements of reporting traffic convictions?
Chapter 543.
Which chapter in Subtitle C regulates bicycles?
Chapter 551.
In which chapter do you find rules on contracting with DPS to deny renewal of a driver's license to defendants who fail to appear or fail to pay or satisfy a judgment in a manner ordered by the court?
Chapter 706.
In which chapter do you find rules regarding surcharges added to driver records for convictions of traffic offenses?
Chapter 708.
In a home-rule city, is the municipal court clerk hired, appointed, or elected?
Clerk can be hired, appointed, or elected.
in a general-law city, is the municipal court clerk hired, appointed, or elected?
Clerk can either be appointed or elected.
What must a clerk do if a person claims an exemption from jury service based on lack of residence?
Clerks must maintain a list of names and addresses of persons who are excused or disqualified from jury service because of non-residence in the county. On the third business day of each month, the clerk must send to the voter registrar of the county a copy of the list of persons excused or disqualified in the previous month because the persons do not reside in the county. The voter registrar must add these persons to the county's suspended voter list.
Since personal information about jurors is confidential, how should clerks handle paperwork containing this information?
Clerks should make sure that this information is not available to the public. It may not be disclosed by the court, the prosecuting attorney, the defense counsel, or any court personnel, except on application by a party in the trial or on application by a bona fide member of the news media acting in such capacity to the court in which the person is serving or did serve as a juror.
Name the two types of municipal courts a city may choose to have
Court of record/ non-record
Even if the court deposits court costs into the city treasury, what type of records is the court required to keep?
Courts are required to keep separate records of the funds.
Define common law and give an example applicable to municipal courts.
Common law refers to the body of law that developed in England and the American colonies. It is a legal system based on judicial decisions rather than legislative action. Today, many common law principles have been incorporated into current codes and statutes. Important rights and legal concepts such as the waiver of trial by jury (Arts. 1.13 and 45.029 CCP) the defense of necessity (sec 9.22 pc) and the defense of justification (sec 9.02 pc) all spring from the English common law.
When a defendant is convicted of an offense that requires an automatic driver's license suspension, what form must the court use to report that conviction?
Courts are required to report on DPS form DIC-21.
Although the offense of possession of an alcoholic beverage in a motor vehicle is a Penal Code offense, what is the court required to report to DPS?
Courts must report a conviction of this offense in the same manner as traffic offenses.
What power does a judge use to exercise control in the courtroom?
Contempt power
What is the purpose of contempt power?
Contempt power is given to the courts so that the proceedings will be conducted with dignity and in an expeditious manner so that justice may be done
When a juror fails to appear, with what offense is he or she charged?
Contempt.
What court has jurisdiction in the case as follows: An appeal from a municipal court
County Court
How often is court activity reported to OCA?
Court activity for each month must be reported to OCA by the 20th day following the end of the month being reported.
What is the clerk's responsibility when a defendant defaults on payment of a fine and costs?
Court clerks should research court records to be certain that an error in recordkeeping has not occurred. Then clerks should present the judge with information that the defendant still owes a fine and costs or part of a fine and costs and that the judgment has not been satisfied.
Give an example of an offense for which the penalty requires a sanction in addition to paying a fine.
DUI Minor- AA class, Com Serv, DL Suspension
What is court decorum?
Decorum includes observing correct judicial procedures and customs, as well as exercising courtesy before everyone who appears in court. Starting on time, allowing time to permit full hearings, being courteous to all who appear in court, and being firm are examples. (Answers vary.)
List ways in which the defendant is notified of a pre-trial hearing.
Defendants may be notified of a pre-trial hearing in one of the following ways: (1) in open court; (2) by personal service on the defendant; (3) by mail at least six days prior to the date set for hearing; or (4) if the defendant has no attorney, by mail addressed to the defendant at the address shown on the bond; if the bond shows no address, it should be sent to one of the sureties on the bond.
Name the kinds of contempt and define them.
Direct contempt means an act that occurs in the judge's presence and under circumstances that require the judge to act immediately to quell disruption, violence, disrespect, or physical abuse. Indirect contempt is an act that occurs outside the court's presence, and includes such acts as failure to comply with a valid court order; failure to appear in court; attorney being late for trial; or filing offensive papers with the court. If a person is charged with indirect contempt, the person has a right to notice of the charge, a right to a trial or hearing in open court, and the right to counsel. Civil contempt includes willfully disobeying a court order or decree. Criminal contempt includes acts that disrupt court proceedings, obstruct justice, are directed against the dignity of the court, or bring the court into disrepute.
When a defendant complies with all the terms of deferred disposition, what is the judge required to do?
Dismiss the case.
What court has jurisdiction in the case as follows: A divorce case
District Court
What court has jurisdiction in the case as follows: A felony murder case
District Court
What court has jurisdiction in the case as follows: a child support or child custody case
District Court
In what form may a signature on a citation be obtained?
Duplicate form or on an electronic device capable of creating a copy of the signed notice, such as an electronic ticket writer.
What type of records is a municipal court clerk of a court of record requires to keep regarding traffic offenses?
Each case in which a person is charged with a violation of law regulation vehicles on highways.
List criteria that you use to establish trial dates.
Each clerk will have a different answer for this question, but it may include such issues as peace officer's days and times off and on duty; availability of judge and prosecutor; type of case; type of trial (bench or jury); age of defendant; etc.
Who is required to keep a record of defendants charged with traffic offenses?
Each magistrate, judge of a court of non-record, and clerk of a court of record is required to keep records of persons charged with traffic offenses.
How is the time payment fee disbursed?
Each quarter, the city must send 50 percent of the time payment fee to the State Comptroller. The other 50 percent is retained by the city. The city is required to use 10 percent of the fee ($2.50) for improving the efficiency of the administration of justice. The other 40 percent ($10) may be used by the city for any lawful purpose.
How many jurors may the prosecution and defense remove without cause?
Each side may remove three jurors without assigning a reason to the request for removal. A juror may be removed for any reason, except for an illegal one, such as race. This is called a peremptory strike..
Who must endorse a warrant issued by a mayor so that it can be served in any county in the state?
Either a judge of a court of record or a magistrate in the county in which the warrant is being executed must endorse a warrant issued by a mayor
Where must the judge's office be named in the warrant?
Either in the body of the warrant or in connection with the judge's signature.
Who may ask the court for a jury shuffle?
Either the prosecutor or the defendant or defendant's attorney may demand a jury shuffle.
Judges may consider factors related to revenue for the city in determining the fine and court costs in an individual's case.
False
Judges who know that a defendant has had a prior conviction can impose a higher fine regardless of how the offense was charged by the officer or prosecutor.
False
Municipal court clerks cannot be held liable for performing a judicial duty if the judge requires the clerk to perform the duty.
False
Define ethics.
Ethics is the discipline dealing with what is good and bad and with moral duty and obligation. It is a set of moral principles or values.
How often must the statement of officer and oath of office be filed?
Every time an appointment, election, re-appointment, or re-election occurs; Each new term of office.
What evidence must a defendant present the court before a court can dismiss a charge for which a driving safety course was granted?
Evidence of completing the course (uniform certificate); a certified copy of his or her driving record as maintained by the Department of Public Safety; and an affidavit. (Note: If the defendant is on active military duty, the court most likely will not have the defendant's driving record from DPS.)
Municipal court clerks have the authority to issue a capias
False
Municipal court clerks may give magistrate warnings after a defendant is arrested when the municipal judge is not available.
False
Municipal court clerks may stamp the judge's signature on court documents when the judge is on vacation.
False
Municipal court clerks may stamp the judge's signature on mental health commitments when the judge is not available and it is an emergency.
False
Municipal courts may not require restitution.
False
What is the process called that may be used to sell a defendant's property to satisfy a fine?
Execution.
A defendant cannot discharge court costs by jail credit.
False
A judge may impose both a fine and a special expense fee when granting deferred.
False
All proceedings of the Commission on Judicial Conduct are conducted publicly.
False
Although presiding judges have authority to administer the oath to someone swearing to a complaint, associate judges do not.
False
An indigent defendant in municipal court has the right to have a court appointed attorney.
False
Both a bailiff and a warrant officer must comply with TCOLE training and standards.
False
City secretaries may never hold the office of court clerk.
False
Clerks may dismiss an offense for failure to maintain financial responsibility if the judge is on vacation.
False
Clerks may require a defendant to pay a fine by performing community service.
False
Clerks may set and take bail from a defendant.
False
Courts may choose to wait until all court costs are collected before remitting them to the State.
False
Courts of record must have a court reporter instead of a recording device.
False
Defendants convicted of a city ordinance violation do not have the right to an appeal
False
Defendants may request that their trials be closed and not open to the public
False
Every time someone is elected , appointed, or reappointed, he or she is required to swear to an anti-bribery statement with the official records of the office.
False
If a defendant discharges a fine and costs by community service, the city must pay the court costs from the city's general revenue fund.
False
If a judge believes that the maximum fine is not high enough, the judge may assess a higher fine
False
If a person is arrested in a county other than the one from which the warrant was issued, the peace officer must transport the person immediately to the magistrate who issued the warrant.
False
If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and represent the State.
False
In a general-law city, a city manager may fill a vacancy for the unexpired term of a court clerk's office.
False
When a defendant defaults in payment of a fine and the court determines that the defendant is indigent, the court must waive payment of the fine and court costs.
False (if the court determines, after a defendant has defaulted in payment of fine and or costs, that the defendant is indigent, and that each alternative method of discharging a fine or cost under Article 45.049 of the Code of Criminal Procedure would impose a hardship on the defendant, then the court may waive the fine and costs).
A family member or friend can be a language interpreter as long as he or she knows both English and Spanish.
False (if the court is located in a county with a population of more than 50,000, the court must appoint a licensed interpreter; if the city is located in a county of less than 50,000, the court must qualify the interpreter under the Rules of Evidence).
A summons issued by the municipal judge is supposed to be in the same form as a felony warrant of arrest.
False (in the form of a felony capias).
Criminal negligence is the highest degree of a culpable mental state.
False (intentionally is the highest, criminal negligence is the lowest).
Municipal court has jurisdiction of racing on the highway
False (it is a Class B misdemeanor).
Speeding can be filed as a city ordinance violation.
False (it is a state law violation, but the speed limit is set by city ordinance if it differs from that provided for under state law).
A search warrant is a verbal order of a magistrate.
False (it is a written order).
The Technology Fee may not be less than $4.
False (it is an amount not to exceed $4).
A person who is a full-time student may claim an exemption from jury duty.
False (it is an exception but must be claimed first).
The judge may reschedule a prospective juror's jury service for medical and hardship reasons.
False (it is an exception but must be claimed first).
When the defendant mails the money to the court, he or she is pleading guilty.
False (it is considered a no contest plea).
A person who is over 70 years of age may not be summoned to sit as a juror even if he or she does not request a permanent exemption.
False (it must be requested)
Passing a school bus carries a maximum penalty of $200.
False (minimum fine of $500 and a maximum fine of $1,250 for a first offense).
A motion for continuance for cause may be requested by telephone
False (motions must be in writing and sworn).
A municipal judge who is not a licensed attorney may issue any type of search warrant.
False (municipal judges who are not attorneys may not be able to issue a blood search warrant).
Courts are required to report to the Department of Public Safety within 30 days of the date of conviction
False (must be reported not later than the seventh day).
When a defendant makes an appearance by mail and requests the amount of the appeal bond, the court may send the information by regular mail.
False (must be sent certified mail return receipt requested).
The $3 Traffic Fund court cost must be collected on all traffic convictions
False (on all Rules of the Road offenses).
The State Traffic Fine is collected on all traffic convictions.
False (on all Rules of the Road offenses).
The Consolidated Fee is collected on all Class C misdemeanor convictions
False (on all fine-only offenses other than parking and pedestrian).
The State Juror Reimbursement Fee is collected on all Class C misdemeanor convictions.
False (on all fine-only offenses other than parking and pedestrian).
A court that is in a city under 50,000 in population does not have to appoint licensed or certified interpreters if certain requirements are met.
False (only a city located in a county that has a population of less than 50,000 may appoint an interpreter that is not licensed, and the interpreter must be qualified under the Texas Rules of Evidence).
The Juvenile Case Manager Fee can be used to finance a juvenile case manager or a teen court coordinator
False (only a juvenile case manager).
When a peace officer summons prospective jurors, the defendant must pay a $5 fee for each juror.
False (only one $5 fee is collected upon conviction, not one for each juror).
Under the safety belt law, "passenger vehicle" is defined to mean only a passenger car.
False (passenger vehicle means passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor).
A copy of the summons must be given to the defendant personally.
False (summons for an individual may be mailed to the defendant's last known address).
The request for a municipal court subpoena must be in writing.
False (the Code of Criminal Procedure contains no such requirement for fine-only misdemeanor cases).
Only the defense may request a writ of attachment.
False (the State can also request a writ of attachment).
Courts only collect the arrest fee when a defendant is arrested and taken to jail.
False (the arrest fee is also assessed when a defendant is issued a citation by a peace officer).
If a person is arrested, the officer can file a citation with the court. ____
False (the citation is in lieu of the arrest, as a substitute for the custodial arrest).
The court keeps a 10 percent handling fee on the State Traffic Fine
False (the city keeps five percent).
The maximum amount of fine that may be assessed for the offense of failure to appear is $200.
False (the maximum fine is $500).
Cities with a population under 5,000 must pay the State all but $1 of the fines and special expenses under Article 45.0511 of the Code of Criminal Procedure collected for offenses under Title 7 of the Transportation Code after fines and special expenses reach 30 percent of their budget.
False (the city must pay one half of the fine to the school district).
The city must remit $1 of the arrest fee to the State for every arrest that a city officer makes.
False (the city need only remit to the State when the officer is employed by the State).
It is a defense to the prosecution if a person produces in court a valid commercial driver's license that was valid when the offense occurred even though the license is not valid for the class of vehicle being driven.
False (the commercial driver's license must also be valid for the class of commercial motor vehicle that was driven on the day of the offense).
A file is initiated with the Commission on Judicial Conduct when the Commission receives a telephone complaint.
False (the complaint must be written)
A complaint does not have to state that the offense was committed in the city in which it occurred.
False (the complaint must state the offense occurred in the territorial limits of the city).
Defendants who do not speak English are required to bring an interpreter with them to translate court proceedings.
False (the court is required to provide a licensed interpreter).
When a city contracts with the Texas Department of Motor Vehicle to deny vehicle registration to defendants who fail to pay or appear, the court must collect upon conviction a $30 fee.
False (the court may assess a $20 fee).
Municipal court must grant jail-time credit in the amount of $50 for each part of a day a defendant has spent in jail before conviction.
False (the court must credit not less than $50 for a period of time that is specified in the judgment−the "period of time" can be from eight hours to 24 hours).
If a peace officer with statewide authority issues the citation and files it in municipal court, the city may keep all of the $5 arrest fee
False (the court must send $1 to the State).
When a defendant is granted a time payment plan to pay a fine, the court waits until the final payment before reporting the conviction to the DPS.
False (the court must submit the report within seven days of the judgment).
Judges may dismiss the charge of operating a vehicle with expired registration, if the defendant purchased valid registration and paid the late fee within 10 working days and presents the evidence to the court
False (the defendant has 20 working days or before first court appearance date).
A defendant who has been served with a summons and then fails to appear may be charged with the offense of failure to appear.
False (the defendant has not been in or released from custody yet).
When a defendant with a provisional driver's license charged with a moving violation is granted deferred, the only mandatory requirement is to take a driving safety course.
False (the defendant must also take a driving safety course).
The defendant must be allowed to take a driving safety course if he or she requests one after being found guilty at trial.
False (the defendant must enter a plea on or before his appearance date; after trial, it is within the judge's discretion to grant).
A defendant who is released without bail and then fails to appear may not be charged with the offense of failure to appear.
False (the defendant must just have been released from custody on the condition he or she subsequently appear; there is no requirement the defendant be released with bail).
When a defendant discharges a traffic fine by community service, the court does not report that traffic conviction to DPS because the court did not collect any money.
False (the defendant remains convicted of the traffic offense, even if the fine was discharged through community service).
A defendant may object to an error in a complaint at any time, even during the trial.
False (the defendant waives and forfeits the right to object if he or she does not do so before the commencement of the trial on the merits).
When a judge issues a warrant, only the date that it is issued must be noted on the docket.
False (the docket must also contain the return date).
Cities may pay peace officers the $25 special expense fee for serving warrants outside their regular duty hours.
False (the fee should go into the city's general revenue fund).
A defendant who took a driving safety course four months earlier cannot take a driving safety course for ticket dismissal.
False (the judge can grant a DSC in his or her discretion).
Courts are required to dismiss a charge of failure to maintain financial responsibility if a defendant obtains insurance before appearing in court
False (the judge does not have authority to dismiss the case unless the defendant had valid insurance on the date of the arrest).
The judge does not need to determine probable cause before issuing the arrest warrant for a defendant who has failed to appear in the court.
False (the judge must always determine probable cause).
If a judge takes a plea from a person detained in jail on a Class C misdemeanor, the judge must grant any motion for new trial if made within five days of the judgment.
False (the judge must grant the motion if made within 10 days of the judgment).
When a witness is required to post bail, the clerk who issued the subpoena may set the bail
False (the judge sets bail).
Defendants in non-record municipal courts have two days from the date of judgment to request a new trial.
False (the law provides for five days).
Improperly using a cell phone in a school crossing zone is a Class C misdemeanor with a maximum fine of $500
False (the maximum fine is $200).
The maximum fine for driving without two license plates is $500
False (the maximum fine is $200).
When a municipal court orders restitution upon convictions, it may be in an amount up to the amount of the fine assessed, except for the offense of issuance of bad check.
False (there is no cap on restitution, except on the offense of issuance of bad check, when ordered as part of the sentence upon conviction; when ordered as a condition of deferred, restitution can be in an amount up to the fine that could have been assessed).
The court can apply enhanced penalties to offenses charged as first time offenses as long as there are prior convictions.
False (they must be alleged as such or enhanced by the officer or prosecutor).
The judge and clerk may help and prosecutor , police officer and or code enforcement officer investigate a crime.
False, judges are neutral and unbiased.
A Municipal judge may dismiss a case filed by a citation if the peace officer asks for the dismissal.
False; only a prosecutor can request a case be dismissed.
City managers may establish traffic revenue quotas as a part of evaluating the court's performance.
False; sec 720.002 of transportation code prohibits quotas
What Code gives municipal judges the authority to conduct marriage ceremonies?
Family Code
What are the penalty limits of offenses over which municipal courts have jurisdiction?
Fine-only or other sanctions, authorized by law, that do not consist of confinement in the jail or imprisonment.
If a defendant fails to appear for a jury trial and the court assesses a cost for impaneling the jury, how may the defendant be released from paying these costs?
For good cause at a show cause hearing.
For the purpose of collecting consolidated court costs, how is "conviction" defined?
For the purpose of collecting court costs, Section 133.101 of the Local Government Code defines conviction as: a judgment, a sentence, or both a judgment and a sentence imposed on the person; the person receives community supervision, deferred adjudication, or deferred disposition; or the court defers final disposition of the case or imposition of the judgment and sentence.
What is the standard of proof in a criminal case?
Guilt beyond a reasonable doubt.
What may happen to a municipal judge convicted of hiring his or her niece as a municipal court clerk?
He or she may be fined $100 to $1000 and be removed from office.
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Making public statements in the local restaurant about persons running for city council.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Not explaining all the court options to members of a certain ethnic group.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): A defendant who doesn't want to contest his case but wants to talk to the judge about the amount of the fine is belligerent to the clerk because the judge is not available. The clerk sets the defendant for a hearing at a later date and then tells the judge to set a higher fine.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Accepting an invitation to a Christmas party that is being conducted by a company that has a pending case in your court.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Asking a peace officer to sign a complaint without administering an oath to him or her.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Asking the judge to grant a driving safety course (DSC) under the discretionary provisions of the DSC statute to a friend who is not eligible under the mandatory provisions.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Establishing and maintaining a records management program to ensure the proper processing of cases.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Having your title as court clerk listed by your name on a letter being sent by a local charity organization that is soliciting toys for disadvantaged children.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Telling a friend that the judge is sensitive to defendants who have children who are not good drivers because his son has a "heavy foot" and is likely to grant her daughter the right to take a driving safety course under the discretionary provisions.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Telling sexual or racial jokes to jurors while they are waiting to be called into the courtroom.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Traveling free to Las Vegas on a law firm's private plane. The law firm frequently handles traffic tickets in your court.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Using court stationary to write a letter to a company that has failed to provide you with promised service.
I
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Wearing political T-shirts and buttons for local political races while at work.
I
Indicate whether the following behavior is proper or improper for a clerk (P,I): Asking an officer to not file a traffic ticket against a friend.
I
Indicate whether the following behavior is proper or improper for a clerk (P,I): Closing the court or decreasing fines to put pressure on the city council to increase salary and benefits for court personnel.
I
Indicate whether the following behavior is proper or improper for a clerk (P,I): Drinking beer while working overtime at the office.
I
Indicate whether the following behavior is proper or improper for a clerk (P,I): Looking up your girlfriend's traffic record.
I
Indicate whether the following behavior is proper or improper for a clerk (P,I): Recommending a specific driving safety school to a defendant.
I
Indicate whether the following behavior is proper or improper for a clerk (P,I): Telling the judge about the belligerent attitude of a defendant scheduled for a bench trial.
I
Indicate whether the following behavior is proper or improper for a clerk (P,I): Using court stationary to offer a product or service for purchase to earn extra money.
I
If the court has no activity, how does the court report that fact?
If a court does not have activity in a section of the monthly report, the court should not leave the space blank, but should show "zero" activity.
When may a defendant appeal his or her case after being granted deferred disposition?
If a defendant fails to comply with the terms of deferred disposition and the court enters a final judgment against the defendant, the defendant may appeal the case.
What happens if a credit card is not honored by the credit card company?
If a defendant's credit card is not honored by the credit card company, the city may collect a service charge from the person who owes the fee, fine, court costs, or other charge. (Note: The municipal court may also issue a capias pro fine.)
When can a mistrial be declared in a jury trial?
If a jury fails to agree on a verdict after being kept together for a reasonable amount of time.
What is the required wording of the endorsement?
If a magistrate endorses the warrant, the wording is "Let this warrant be executed in the County of _____." If a judge of a court of record endorses the warrant, the wording is "Let this warrant be executed in any county of the State of Texas."
What must a general-law city do when a municipal judge is temporarily unable to act?
If a municipal judge of a general-law city is temporarily unable to act, the governing body may appoint one or more persons meeting the qualifications for the position to sit for the regular municipal judge. The appointee has all powers and duties of the office and is entitled to compensation.
What is the penalty for providing false information in a request for an exemption or excuse from jury service?
If a person answering a jury summons knowingly provides false information in a request for an exemption or excuse from jury service, he or she is subject to a contempt action punishable by a fine of not less than $100 nor more than $1,000.
When is a person presumed to have willfully refused to supply information to the Office of Court Administration?
If an official does not supply the information requested by OCA after a reasonable amount of time, he or she is presumed to have willfully refused the request.
What are some steps that can be taken if a court is near the police department?
If possible, have the municipal court in a separate public building or in a separate portion of city hall. Have separate entrances into the court and into the police departments. The court should not be located within the confines of the police department. (Answers vary.)
Describe how the prospective jurors may be shuffled.
If the court is computerized, the court may have the computer shuffle and randomly select the names. If the court does not have a computer, the clerk should place the names of the jury panel in a receptacle, which should be shaken to mix up the names.
When a defendant appears in open court, how long does he or she have to file the appeal bond with the court?
If the defendant appears in open court, the defendant has 10 days after the judgment is entered to present the court with an appeal bond.
When a defendant fails to file his or her bond with the municipal court timely, what happens to the appeal?
If the defendant fails to file an appeal bond within the required time limit, the municipal court sends the appeal to the county court. The county court has to make the decision whether or not to take jurisdiction of the case. If the county court decides that it does not have jurisdiction, it sends the case back to municipal court.
When the Legislature changes court costs, when do the changes apply?
If the new legislation imposes a new or changes an existing court or fee, the cost or fee does not take effect until January 1st of the year following the legislative session.
Which city ordinances must allege a culpable mental state even though the offense may not prescribe one?
If the ordinance violation is punishable by a fine exceeding $500.
What happens to the fine assessed in the county court against a municipal court defendant who has appealed his or her case from a non-record municipal court?
If there is a conviction in the county court, the county keeps the fine money and reports the court costs to the State.
Why would a court have to order additional jurors to be summoned for a trial?
If, after voir dire and peremptory challenges, the court does not have enough jurors to hear the case, the court would order a pick-up jury.
In what name must a warrant be issued?
In the State of Texas.
Who is required to report convictions and bond forfeitures of traffic offenses to the Department of Public Safety?
Municipal court clerks, judges and magistrates.
When can a mayor in a general-law city be the ex officio municipal judge?
In a general-law city, the mayor is the ex-officio judge of the municipal court. The mayor continues as municipal judge during his or her term as mayor unless the municipality, by ordinance, authorizes the election of a judge or provides for the appointment and qualifications of a judge by ordinance. After the ordinance is adopted by the city council, the mayor ceases to act in the capacity of a judge, even if the position of judge is vacant.
What is the judge's role in a bench trial?
In a trial before the judge, the judge's role is to listen to the evidence and render a judgment based upon that evidence
Where are judgments and verdicts required to be rendered?
In open court.
Define integrity.
Integrity is strict personal honesty and independence. It is adherence to one's moral values or putting into practice one's values and beliefs
If a statute does not state that a culpable mental state is required, which culpable mental state should be alleged in the complaint?
Intentionally, knowingly, or recklessly.
List the culpable mental states from the highest to the lowest.
Intentionally, knowingly, recklessly, criminal negligence.
What is a judgment?
It is the final decision of a court and includes a dismissal if there is an acquittal or an adjudication of guilt and an assessment of punishment.
Define adjudication.
It is the formal pronouncement of the judgment. Adjudicate means that the judge makes a final determination of fact and enters a judgment. Generally, the judge renders judgment, which means that the judge pronounces judgment, and then enters a judgment. This is a judicial act that only a judge may perform.
May a city peace officer serve a warrant of arrest in a neighboring city?
It depends on whether or not the neighboring city is located in the same county in which the peace officer's city is located.
What does a summons issued by a magistrate do?
It gives notice to a person that charges have been filed in court against him or her and gives the defendant a day and time to appear in court.
What is a scire facias docket?
It is a civil docket in which the court enters proceedings of a bond forfeiture.
Describe the adversary process of the U.S. trial system
It is a contest between opposing sides: the defense and the prosecution.
What is a subpoena duces tecum?
It is a subpoena that directs a witness to bring with him or her any instrument of writing or other tangible thing desired as evidence.
What is a subpoena?
It is a writ issued to a person or persons giving an order to appear as a witness.
How is the Transportation Code organized?
It is divided into titles, subtitles, chapters, subchapters, and sections.
When is a suspension or denial of a driver's license for a conviction of an Alcoholic Beverage Code offense effective?
It is effective 11 days after the judgment is entered.
Why should clerks observe the same professional standards as judges?
It is required by the Code of Judicial Conduct. Canon 3C(2) of the Code says that judges should require staff, court officials, and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge.
Which kind of duty may a judge delegate to a court clerk?
Judges can delegate a ministerial duty to the clerk.
In non-record courts, who is required to keep records of traffic offenses?
Judges/ Magistrates. Judges may delegate to the clerk.
What is judicial discretion?
Judicial discretion is the exercise of judicial judgment. Judges' discretion to make decisions must be guided by law and be based on facts and is the power to determine what, under existing circumstances, is right or proper.
Define jurisdiction.
Jurisdiction is the authority and legal power to hear and decide cases.
With which courts does municipal court share jurisdiction?
Justice courts and county courts. Some courts of record may share jurisdiction with district courts.
Explain how the jurisdiction of justice courts is different from municipal courts.
Justice courts do not have jurisdiction over city ordinances, except in one instance: a violation of a city ordinance that arises in a city's extraterritorial jurisdiction involving signs. They have jurisdiction over foreclosure and forcible entry and detainer cases; municipal courts do not. Justice courts have much greater civil jurisdiction that do municipal courts.
What is a clerk required to do after warrants have been executed?
Keep a copy of warrants/ affidavits on file for public viewing.
List the general duties of the municipal court clerk.
Keep minutes, issue (prepare) process; perform the duties for the municipal court that county clerks perform at county court level.
What court has jurisdiction in the case as follows: A speeding ticket
Municipal Court
Mark the business letter below to correct the capitalization and punctuation. municipal court of mabry 123 oak street mabry, texas 78621 september 1 2013 Hope fairfield P. o. box 12487 Austin, texas 78711 dear ms fairfield on june 16, 2013 you were issued a citation for speeding you were scheduled to appear on july 5, 2013 at 9:00 a.m. in this court. You failed to appear. if you do not contact the court within 10 days a charge of violation of promise to appear will be filed in addition to the speeding charge. warrants will be issued for your arrest and you will have to pay an additional $50 for each warrant if you are convicted if you wish to waive your right to a jury trial and plead guilty or nolo contendere, meaning no contest you may do so by paying the fine and costs of $75 if you wish to plead not guilty you must post a bond with the court in the amount of $75. the office hours of the court are 8:00 a.m. to 5:00 p.m. monday through friday. the court telephone number is .512.328-7809 your failure to respond to this letter will result in warrants being issued and your arrest sincerely mark Itup, court clerk
Mark the business letter shown below for correct capitalization and punctuation. Municipal Court of Mabry 123 Oak Street Mabry, Texas 78621 September 1, 2013 Hope Fairfield P. O. Box 12487 Austin, Texas 78711 Dear Ms. Fairfield, On June 16, 2013, you were issued a citation for speeding. You were scheduled to appear on July 5, 2013, at 9:00 a.m. in this court. You failed to appear. If you do not contact the court within 10 days, a charge of violation of promise to appear will be filed in addition to the speeding charge. Warrants will be issued for your arrest, and you will have to pay an additional $50 for each warrant if you are convicted. If you wish to waive your right to a jury trial and plead guilty or nolo contendere, meaning no contest, you may do so by paying the fine and costs of $75. If you wish to plead not guilty, you must post a bond with the court in the amount of $75. The office hours of the court are 8:00 a.m. to 5:00 p.m. Monday through Friday. The court telephone number is 512.328.8754. Your failure to respond to this letter will result in warrants being issued and your arrest. Sincerely, Mark Itup, Court Clerk
May a city pass an ordinance to collect court costs without authorization by state law?
No.
Why are lasting impressions of the American justice system often formed in municipal courts?
More citizens come into personal contact with municipal courts that with all other Texas courts combined. Persons in any court for the first time will form a lasting impression of the justice systems. Public impression of the judicial system is affected and shaped in large measure by the proceedings of the municipal court.
87. If the municipal judge's spouse dies and the municipal judge has no living children, how is the dead spouse's sister related to the municipal judge?
Neither by consanguinity nor by affinity.
List violations committed by an out-of-state violator that the court may not report under the Nonresident Violator Compact
No action will be taken under the terms of the Nonresident Violator Compact for the following violations: offenses which mandate personal appearance; moving traffic violations that alone carry a suspension; equipment violations; inspection violations; parking or standing violations; size and weight limit violations; violations of law governing the transportation of hazardous material; lease law violations; and registration law violations.
When does a peace officer not have to obtain a signature on a citation?
No signature is required on a citation issued by a peace officer for offenses outside of Subtitle C, Rules of the Road offenses under the authority of Article 14.06(b) of the Code of Criminal Procedure.
A citizen comes to court to complain about a neighbor's dog running at large, but does not want to sign a written complaint. No complaint is filed. May the municipal court hear this case? Why or why not?
No, because no complaint has been filed, so the court has no jurisdiction over the case. The charging instrument must be filed with the court to vest jurisdiction of a case in the court.
When a case is appealed, must the court collect the court costs?
No, because the conviction is not final−it is appealed.
May a defendant withdraw an appeal and pay the fine in a non-record municipal court?
No, not without a writ of procedendo.
If a clerk makes a mistake on the transcript, does this cause the appeal to be dismissed?
No.
If a person is younger than 18 years of age, is the court required to subpoena the parent to bring him or her to court to testify?
No.
If information is stored electronically, does the court still have to maintain a simultaneous record in a docket book that is a bound book?
No.
If the municipal court clerk's aunt stays with the city, may the aunt fill out the clerk's merit raise evaluation?
No.
For offenses that require automatic driver's license suspension, what is the minimum and maximum amount of time the court may suspend the license?
Not less than 90 days or more than one year.
What is the maximum driver's license suspension length a judge can order when a defendant fails to complete an alcohol awareness program?
Not to exceed six months
When a court grants deferred disposition to a defendant charged with a traffic offense, what does the court report to DPS?
Nothing. The court only reports a traffic conviction to DPS if the defendant fails to complete the terms of the deferred disposition. The report is submitted after the judge enters a final adjudication in the case (signs the final judgment of guilty).
What are the Rules of the Road?
Offenses in Subtitle C of Title 7 of the Transportation Code, Chapters 541-600
After a search warrant is executed, the clerk must make a copy of the affidavit and have it available to the public
True
Upon what principle is our legal system based?
Our legal system is based upon the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us.
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Accepting free legal publications from TMCEC
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): Accepting gifts from a friend or a relative on special occasions when the friend or relative is not before the court.
P
Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper): As a clerk for a court with a part-time judge, granting deferred disposition to defendants who ask for it. When the judge comes in a couple of weeks later, the judge signs her name to all the clerk's paperwork for these defendants.
P
A municipal court clerk may sign as affiant on a complaint for failure to appear.
True.
Under what circumstances may personal information about jurors be released?
On a showing of good cause, the court shall permit disclosure of the information sought on application by a party in the trial or on application by a bona fide member of the news media acting in such capacity to the court in which the person is serving or did serve as a juror.
When must a defendant enter a plea to be eligible to take a driving safety course?
On or before the answer date on the citation.
What is a genera-law city?
One with a population under 5,000 or with a population of more than 5,000 that does not have home rules.
When may a court collect fines, fees, and bonds by credit card?
Only after the governing body (city council) has authorized payment of fees, fines, court costs, or other charges by credit card.
Who can make a decision about how a defendant satisfies a judgment?
Only the judge.
Who has authority to grant deferred disposition?
Only the judge.
Who has authority to issue a capias pro fine?
Only the judge.
A municipal court clerk may use court letterhead to write a recommendation for a deputy court clerk seeking another job.
True.
If a service charge is assessed, at what amount may it be set?
The amount of the service charge is the same as the fee charged for the collection of a check drawn on an account with insufficient funds
List procedures that a clerk might want to consider when preparing for trials.
Preparatory procedures may include: Complaint prepared; Complaint reviewed for typing errors, dates, properly sworn, and court seal affixed; Copy provided to defendant; Prosecutor has file or copy of file to prepare case for trial; Trial docket typed and posted; Subpoenas issued; Jury summonsed; Juror handbooks available; Interpreters notified to be available, if needed; and All trial forms reviewed and made available to the judge.
What are courts required to do if a juror is deaf or hearing impaired?
Provide an interpreter or some type of auxiliary aid.
After the jury is shuffled, what should the clerk do with the new list of names?
Regardless of how the names are shuffled, the names are recorded in the order that they are drawn or selected by the computer. The prospective jurors are then seated in the order selected. A copy of this new list is then given to the prosecution, defense, and judge.
What is the appeal based upon from a record municipal court?
The appeal is based upon errors reflected in the record of the trial.
Short Answer: write a memo to the judge explaining why it is not in the best interest of the court to forward the telephone to the police station while you and the judge are in trial.
Sample response: The city requested that I forward court calls to the police department while court is in session. I am concerned about doing this. As part of my research into the issue, I reviewed the Code of Judicial Conduct specifically looking at Canon 1 and Canon 2. Canon 1 requires the court to be independent. Canon 2 requires judges to avoid impropriety in all judicial activities. Having the police department answer the phone will make it more difficult to appear independent and impartial. This may give an appearance of impropriety. I suggest that the court have an answering machine take messages or have the calls forwarded to the city hall receptionist to take messages. Please respond so that I may resolve this issue. Thank you.
Where do peace officers get authority to issue citations to persons violating Subtitle C, Rules of the Road offenses?
Section 543.003 of the Transportation Code.
List information to be reported to DPS on drivers of CMVs
Section 543.202 of the Transportation Code requires that the DR-18 report of traffic convictions of commercial drivers operating a commercial motor vehicle contain the following additional information: commercial driver's license number and social security number, if available; the fact that the vehicle was a commercial motor vehicle; whether the vehicle was involved in the transporting of hazardous materials; and date and nature of offense, including whether the offense was a serious traffic offense as defined in Section 522.003(25) of the Transportation Code (Serious traffic offenses arise from excessive speeding 15 mph over the posted limit or more; reckless driving; violations of state and local traffic laws other than parking, weight, or vehicle defect violations, arising in connection with a fatal accident; improper or erratic lane change; or following too closely.)
What happens when an appellate court determines that it does not have jurisdiction to hear a case?
The appellate court sends the case back to municipal court, which can then collect its judgment.
In which section do you find information about quotas being prohibited?
Section 720.002.
Why may judges delegate the maintenance of the docket to the clerks?
Since judges are required to keep a docket and there is no discretion as to the information required to be maintained, judges may delegate this duty to the clerk.
Who may keep the records of defendants charged with traffic offenses?
Since keeping records is a ministerial duty, usually the clerk of the court maintains all the records including those cases where a traffic offense is charged.
How many jurors are selected to hear cases in municipal courts?
Six
When is a city required to remit court costs electronically?
Some cities are required to remit court costs and fees electronically. If $250,000 or more in court costs and fees are remitted to the Comptroller in a state fiscal year (September through August), payments of $10,000 or more must be made by electronic funds transfer in the following fiscal year. If a city is affected by this rule, the Comptroller must notify the city no less than 60 days before the first payment is required to be made. Sec. 404.095, G.C., and Section 3.9, Part I, Title 34, T.A.C. A city may not be required to remit electronically, but may voluntarily remit in this manner. The reporting is always manual.
What are some items that a clerk may consider when preparing an analysis for costs incurred for summoning and impaneling a jury?
Some items that a clerk may want to consider when preparing the analysis are costs of jury summons (paper and printing costs); costs of envelopes and stamps; and clerks' salaries.
Indicate which office(s) to call if you need assistance on: a question about judicial ethics
State Commission on Judicial Conduct
Indicate which office(s) to call if you need assistance on: help with collecting the proper court costs
State Comptroller of Public Accounts
Over which type of criminal offenses does municipal court share jurisdiction with the justice courts?
State law, fine-only offenses.
What kind of courts are municipal courts?
Statutory Courts
In which subtitle do you find rules on license plates?
Subtitle A, Chapter 504.
In which subtitle do you find rules on driver's licenses?
Subtitle B, Chapters 521 and 522.
In which subtitle do you find rules on maintaining financial responsibility?
Subtitle D, Chapter 601
In which subtitle do you find rules about privileged (handicap) parking?
Subtitle H, Chapter 681.
In which subtitle do you find rules on the Nonresident Violator Compact?
Subtitle I, Chapter 703.
Indicate which office(s) to call if you need assistance on: training and written materials on how to run your court
TMCEC Education Center
Indicate which office(s) to call if you need assistance on: a question about the crime victims program
TMCEC Education Center, Texas Court Clerks Association
Indicate which office(s) to call if you need assistance on: questions about the court clerks' certification program
TMCEC Education Center, Texas Court Clerks Association
When a defendant complies with the conditions of a bond by making all required appearances in court, may a court keep the bond to pay the fine if the defendant is convicted?
Technically, the bond is to be refunded and fines/costs assessed against the defendant. The defendant is entitled to jail credit, so the amount held in bond and the amount owed after judgment may not match up. Legally, the bond shall be refunded and the defendant shall pay new money to satisfy the judgment. In reality, courts convert the bond to make it easier on both the defendant and the court.
Indicate which office(s) to call if you need assistance on: statistical data on other courts of your size
Texas Judicial Council, Office of Court Admin.
Indicate which office(s) to call if you need assistance on: a legislative proposal regarding prosecutors in municipal court
Texas Municipal Courts Association, Texas Municipal League
Indicate which office(s) to call if you need assistance on: general information on city government
Texas Municipal League
Which is the highest Texas appellate court with jurisdiction over juveniles?
Texas Supreme Court
What are the two highest appellate courts in Texas?
Texas Supreme Court and Texas Court of Criminal Appeals
List the courts established by the Texas Constitution.
Texas Supreme Court, Texas Court of Criminal Appeals, intermediate courts of appeals, district courts, and justice courts.
What is the clerk's role in handling citizen complaints?
The clerk's role is to establish procedures to coordinate the processing of citizen complaints with the police department, prosecutor, code enforcement, etc.
What are the first 10 amendments to the US Constitution called?
The Bill of Rights
What is the role of a clerk in the appellate process?
The clerk's role is characterized as ministerial. When a clerk receives an appeal bond from a defendant, he or she should immediately date stamp it with the date it was filed with the court and then give it to the judge. The clerk has a mandatory ministerial duty to send the appeal to the appellate court.
What does the Texas Judicial Council do?
The Council studies methods to simplify judicial procedures, expedite court business, and better administer justice. It examines the work accomplished by the courts and submits recommendations to the Legislature, the Governor, and the Supreme Court.
What DPS form does the court use to report a conviction for an Alcoholic Beverage Code offense?
The DL-115 (formerly DIC-15).
What form is the court required to use to notify DPS of the court's order suspending the driver's license of a defendant who failed to complete the alcohol awareness program?
The DL-115 (formerly DIC-15).
What is the Office of Court Administration (OCA)?
The OCA is a state agency and operates under the supervision of the Supreme Court
Who has the burden of proof in a criminal case?
The State (prosecutor).
What provides authority for the Commission on Judicial Conduct to operate?
The State Commission on Judicial Conduct was created by an amendment to the Texas Constitution in 1965. Article V, Section 1-a of the Texas Constitution and Chapter 33 of the Texas Government Code are the sources of authority under which the Commission operates.
When is the State entitled to a new trial?
The State is never entitled to a new trial in municipal court.
Which courts are not required to submit monthly statistical reports to OCA?
The Supreme Court and the Court of Criminal Appeals are not required to submit monthly reports.
What additional information is required to be on a citation issued to a person who is a holder of a commercial driver's license?
The additional information required to be on a citation issued to a person who holds a commercial driver's license includes the following: (1) whether the vehicle is a commercial motor vehicle as defined in Chapter 522 of the Transportation Code; (2) whether the vehicle was transporting hazardous materials; and (3) whether the offense was a serious traffic violation as defined in Chapter 522.
List advantages of using a predetermined scheduling system.
The advantages of a predetermined scheduling system are: (1) it provides a definite date and time for defendants to appear when they are issued a citation; and (2) a judge will be available when the defendant appears.
Since the preparation of the complaint is a ministerial duty, who usually prepares the complaint?
The clerk.
How are appellate courts different from trial courts?
The appellate courts hear cases based upon the "record" (a written transcription of the testimony given, exhibits introduced, and the documents filed in the trial court) and the written and oral arguments of the appellate lawyers. Unlike the trial courts, the courts of appeals do not receive testimony nor hear witnesses when considering cases on appeal.
List the main advantage of using the assignment by court clerk method for controlling the trial docket.
The assignment by the court clerk method helps clerks to have better management control over the dockets because the court talks with the defendants before scheduling a hearing or trial. Only those defendants who specifically request a trial are set on the trial docket. The number of defendants set on each docket is controlled by the court clerk.
What happens if a peace officer does not serve a capias by the date fixed in the capias?
The capias is still valid and may be executed at any time.
Define the word "jurat."
The certificate of the person before whom the complaint is sworn. It is the clause written at the foot of a complaint stating when and before whom the complaint was sworn.
Who has the authority to decide whether to process and store the information on the docket electronically?
The judge.
What must a citation contain regarding the offense of failure to maintain financial responsibility?
The citation must contain notice in type larger than other type on the citation (except for the type of the statement required about the surcharges) about a second or subsequent conviction resulting in suspension of the defendant's driver's license and motor vehicle registration. Section 601.233 of the Transportation Code provides specific text to include for this notice.
If the city keeps the court costs in an interest bearing account, what happens to the interest?
The city may keep the interest if it reports timely.
When a city is situated in only one county, where may city peace officers serve municipal court warrants, summons, and capiases?
The city police officer may serve process in the county in which the city is located.
When a city is situated in more than one county where may city peace officers serve warrants?
The city police officer may serve warrants throughout each county in which the city is located.
List the names of offices that the city secretary is required to report to the Texas Judicial Council when a person is either elected or appointed to the office.
The city secretary must notify the Texas Judicial Council of the name of each person who is elected or appointed as mayor, municipal judge, and clerk of the municipal court.
What governs the selection of municipal judges in a home-rule municipality?
The city's charter.
When a defendant appeals his or her case, what is the clerk required to do?
The clerk has a mandatory ministerial duty to forward to appellate court.
When a prospective juror files a permanent exemption with the municipal court clerk, what is the clerk required to do?
The clerk is require to deliver a copy of the permanent exemption to the county tax office.
When may a clerk grant a juror's request to postpone jury service?
The clerk is required to grant the postponement of jury service if: the person has not been granted a postponement in that county during the one-year period preceding the date on which the person is summoned to appear; and the person and the clerk determine a substitute date on which the person will appear for jury service that is not later than six months after the date on which the person was originally summoned to appear.
When either the defense or prosecution demands a jury shuffle, what is the clerk required to do?
The clerk is required to randomly pick by computer or other random process and then give the list to prosecutor and defendant.
What is a clerk required to do when the victim is not present when an emergency order of protection is issued?
The clerk is required to send a copy to the victim.
Before trial, the judge comes to the clerk's office and wants to know if there is any information she should know about the cases before going to trial. What information may the clerk tell the judge that would not be considered ex parte communication?
The clerk may discuss with the judge administrative matters concerning the scheduling of the cases for trial or such matters as motions for continuances. The clerk may not discuss the merits of any of the cases, any information blurted out by defendants, or any conversations he or she had with any of the witnesses (usually peace officers).
What may a clerk do when a defendant is unsure how to handle his or her case?
The clerk may explain the court procedures and processes and give the defendant a pamphlet that explains these processes and the defendant's obligations and rights. Do not advise the defendant on how to handle his or her case.
If a city does not have an ordinance governing the destruction of records and a clerk wants to destroy records, what must the clerk do?
The clerk must get permission from the State Library and Archives Commission to destroy the records.
What must a clerk or magistrate do when the magistrate suspends a concealed handgun license in an emergency protection order?
The clerk or judge must notify the Texas Department of Public Safety
What should clerks do with the juror information sheets?
The clerk should give a copy of the juror information sheets to the prosecutor, defendant, and judge. At the conclusion of the trial, the clerk should collect them and file them with the case. 114
What information should be entered in the docket when a defendant completes the terms of deferred disposition?
The clerk should note in the docket that the complaint is dismissed (after the judge signs the dismissal judgment).
What is the role of the clerk in the trial process?
The clerk's role in the trial process includes providing information to defendants, preparing for the trial, managing court participants, scheduling cases for trial, issuing subpoenas, and summonsing the jury.
Which court has jurisdiction over municipal court appeals?
The county court.
When can the court order a driver's license suspension for a defendant under 17 who fails to pay a fine and costs?
The court can order DPS to suspend or deny issuance of the driver's license when a person fails to pay or violates a court order after conducting a contempt hearing under Article 45.050 of the Code of Criminal Procedure, retaining jurisdiction, and ordering the suspension as a sanction.
When is a judge required to submit to the Department of Public Safety a report of a conviction in a traffic case if deferred disposition has been granted?
The court does not submit to DPS a record of a traffic case where deferred disposition has been granted unless the defendant fails to complete the terms of deferred disposition and the judge enters a final judgment of guilty. Then the judge reports a conviction to DPS.
If a defendant is indigent, what must the court do?
The court has a duty to inquire into reasons for non-payment to avoid jailing indigent defendants and if the defendant is indigent allow the defendant to first discharge the fine through community service or through a time payment plan. However, if the court determines that an alternative method of discharging the fine under Article 45.049 of the Code of Criminal Procedure would impose an undue hardship, the court may waive the fine and costs.
If both the municipal and justice court have concurrent jurisdiction over a criminal case, which court retains jurisdiction?
The court in which the complaint is first filed has jurisdiction.
What are judges required to do when a defendant is arrested, placed in jail, and later convicted?
The court is required to give the defendant credit on his or her sentence for the time that the defendant spent in jail from the time of his or her arrest and confinement until his or her sentence by the trial court.
For what offenses is the court required to report an order of deferred disposition?
The court is required to report an order of deferred disposition for all minor Alcoholic Beverage Code offenses.
What is the court required to report for conviction of theft of gasoline?
The court is required to report convictions to DPS. When a judgment is entered for this offense, the court is required to note an affirmative finding in the judgment. If the offense is a subsequent offense, the court is required to enter a special affirmative finding. When DPS receives the second conviction report, DPS will suspend the driver's license.
If a defendant is found not guilty of the offense of driving under the influence of alcohol by a minor, what is the court required to report to DPS?
The court is required to report the acquittal to DPS.
When a defendant is convicted of an Alcoholic Beverage Code offense, what information must the court report to DPS?
The court is required to report the: conviction: orders of the driver's license suspension; and failure to complete the alcohol awareness program or community service; and failure to pay a violation of a court order; failure to appear; orders of deferred; and acquittals of driving under the influence of an alcoholic beverage.
When deferred disposition is granted, when may the court impose the special expense fee?
The court may assess a special expense fee to be paid before the end of the deferral period.
When may the court proceed to trial using the citation as the charging instrument?
The court may go to trial on a citation when the defense and prosecution agree in writing to go to trial on the citation and file the agreement with the court.
When a defendant is convicted of an offense that requires automatic driver's license suspension, what may the court do with the defendant's driver's license?
The court may require the defendant to surrender all of his or her driver's licenses. If the court takes a license, the clerk must not later than the 10th day after the license is surrendered forward the license together with a record of the conviction to DPS.
To bring in a child witness, who would the court subpoena?
The court may subpoena a person having custody, care, or control of the child to produce the child in court.
List information that the court may want to require from jurors.
The court may want to require the following information from jurors: home address; home telephone number; social security number; driver's license number; occupation; employer; length of employment; previous employer; former occupation, if retired; spouse's name and occupation; whether the juror has ever been involved in a lawsuit; and when and where the person has previously served as juror
When the defendant requests a new trial, what must the court do?
The court must allow the defendant to withdraw the plea of nolo contendere and enter a plea of not guilty and reinstate the defendant's bond.
How must the court account for the restitution fee?
The court must deposit $6 in the city's general revenue account and remit $6 to State for the Crime Victim's Compensation Fund.
If a defendant refuses to plead, what must the court do?
The court must enter a plea of not guilty.
If an out-of-state defendant fails to appear, what can the court do?
The court must first send the defendant notice reminding the defendant to take care of their business with the court. The court waits 15 days for a response from the defendant. The court should use the Nonresident Violator Compact form.
What is a judgment?
The judgment is the decision of the judge.
When a defendant delivers the plea and waiver to the court and requests the amount of fine and appeal bond, what is the court required to do?
The court must give the defendant notice of the fine and the amount of the appeal bond. The notice may be in person or by certified mail with return receipt requested.
What identifying information must the court place on the form?
The court must identify the name of the municipality, the presiding judge, the court clerk, the mailing address of the court, the name of the person actually preparing the report, and the office telephone number of that person.
If an out-of-state defendant resolves the case with the court, what is the court required to do?
The court must mail the 4th copy (defendant's receipt) to the defendant and mail the 5th copy of the notice, which is the notice of withdrawal of suspension to DPS.
If a defendant does not complete a tobacco awareness program, what is the court required to order DPS to do?
The court must order DPS to suspend the minor's driver's license or deny issuance of a driver's license if the minor does not have one for a period of time not to exceed 180 days. The order must specify the period of the suspension or denial. The court uses the DL-115 (formerly DIC-15) form to report the failure to complete the tobacco awareness program.
When a defendant charged with an Alcoholic Beverage Code offense is granted deferred disposition, what must the court report to DPS?
The court must report that deferred disposition was granted and the date granted
When a defendant convicted of a traffic offense is granted a new trial, when does a court report a conviction?
The court only reports a conviction if the defendant is convicted in the new trial.
When the defendant does not request a new trial, what does the court do with the bond money?
The court reports the court costs to the comptroller's office and deposits the fine portion of the bond in the general revenue fund of the city. If the defendant has been in jail, the court is also required to give jail-time credit and may have to refund that credit to the defendant.
Who is responsible for paying the costs of services for a hearing impaired juror?
The court.
When a court reports to the DPS a defendant's completion of a driving safety course, what information must the court report?
The date that the defendant completed the driving safety course
What must the court report when a defendant charged with a traffic offense completes teen court?
The date the defendant completed the teen court program.
When a city contracts with a private or public vendor, how old must the debt or failure to appear be before the court can require the defendant to pay 30 percent of the debt owed?
The debt or failure to appear must be owed on the 61st day after the defendant was ordered to pay or failed to appear.
What is the consequence if a citation does not notify the defendant of his or her right to take a driving safety course?
The defendant can continue to exercise his or her right to take the course until the person is informed of the right or until the case is disposed.
Why does the complaint have to allege the date of the offense?
The defendant is entitled to notice of the charge he or she is accused of committing, and knowing the date helps the defendant prepare a defense. Also, the complaint must be filed within the statute of limitations.
If the defendant wants a new trial, what must the defendant do?
The defendant must make a request for a new trial within 10 days from the date the judgment was entered.
When a court uses the assignment by court clerk method of scheduling cases, who is responsible for obtaining a trial date?
The defendant.
Who may request a continuance in open court?
The defense and the prosecution may by agreement request a continuance in open court.
If the court does not know the name of the person for whom the warrant is being issued, what description must be on the warrant?
The description in the complaint if the warrant is issued by a judge, or a reasonably definite description if the warrant is issued by a magistrate.
List the main disadvantage of using the assignment by court clerk method for controlling the docket.
The disadvantage of using the assignment by court clerk method is that it causes the clerk's office to handle more telephone calls and foot traffic.
List disadvantages of using a predetermined scheduling system.
The disadvantages of a predetermined scheduling system are: (1) it is difficult for the court to manage the trial docket because the court never knows how many defendants will actually appear at that particular date and time; and (2) defendants may have to wait a long time for their cases to be called.
How is the duty to supply information to the Office of Court Administration enforced?
The duty to supply information to OCA may be enforced with a writ of mandamus, an order from a court of superior jurisdiction compelling the municipal judge or clerk to perform a particular act that he or she has a duty to do.
List the information a clerk should document in the docket when a judge grants a defendant deferred disposition.
The following information should be entered in the docket when a judge grants deferred disposition: (1) the date the judge ordered the sentence to be suspended and the disposition deferred; (2) the deferral period; (3) the court costs paid; (4) the fine assessed; (5) whether there was a plea of guilty or nolo contendere, or whether there was a finding of guilt after a trial
What happens when either the prosecution or defense strikes a juror?
The juror is removed. The prosecutor or defendant does not have to state a reason for asking the court to remove the juror.
If a city contracts with DPS to deny renewal of driver's licenses, what information should be on the citation issued to traffic violators?
The notice should inform the violator that if he or she fails to appear or pay the fine or satisfy the judgment, he or she may be denied renewal of their driver's license.
List offenses for which a judge has no authority to grant deferred disposition
The following offenses are not eligible for deferred disposition: Offenses committed in a construction work zone when workers are present. A minor charged with the offense of consuming an alcoholic beverage if the minor has been previously convicted twice or more of this offense. A minor charged with the offense of driving under the influence of an alcoholic beverage if the minor has been previously convicted twice or more of this offense. A minor who is not a child (under age 17) and who has been previously convicted at least twice of an offense to which Section 106.071 of the Alcoholic Beverage Code applies. A defendant charged with a traffic offense that has a commercial driver's license or had one at the time the traffic offense was committed.
What offenses are not eligible to be dismissed by completing a driving safety course?
The following offenses cannot be dismissed through a driving safety course: Speeding 25 mph or more over the speed limit Driving 95 mph or more Offense committed in a construction or maintenance zone when workers are present Passing a school bus loading or unloading children Leaving the scene of a collision after causing damage to a vehicle that is driven or attended Leaving the scene of a collision and failing to give information and/or render aid Serious traffic violation Offense committed by a person who held a commercial driver's license at the time of the offense or holds a CDL at the time of the request for DSC, including when the person is driving his or her own vehicle
How may a court require a defendant to pay court costs when granting a defendant deferred disposition?
The judge can require the defendant to pay court costs before granting deferred disposition, or allow the defendant to pay in installments; by performing community service; or by both installments and community service during the probation.
What is the judge's role in a jury trial?
The judge in a jury trial instructs the jury as to the law involved in the case. A judge presides over the trial and has the duty of protecting the rights of those involved. Judges must make sure that the attorneys and pro se defendants follow the rules of evidence and trial procedure.
Who in the trial is the finder of fact?
The judge in bench trials and the jury in jury trials.
What cost may a municipal judge assess when a city police officer travels to serve municipal court warrants or capiases?
The judge may assess all necessary and reasonable expenses for meals and lodging incurred by peace officer and 29 cents a mile for travel.
What might happen if a clerk's conduct is improper?
The judge may be held responsible.
What is the last day that a judge may rule on a motion for new trial?
The judge must rule on a motion for new trial not later than the 10th day after the date that the judgment was entered.
When a judge or clerk enters proceedings on a docket, what is he or she doing?
The judge or clerk is noting brief entries of the proceedings in a particular case.
What is a clerk required to do when a bond forfeiture has been declared?
The judge or clerk shall docket the case for scire facias (judicial writ requiring a defendant to appear in court and prove why an existing judgment should not be executed against him or her).
When a judge sustains the challenge to the array, what does the judge do?
The judge orders a new jury panel to be summoned. The judge must order someone other than the person who summoned the original panel to summon the new panel.
When a defendant is arrested for default in payment of fine, who must conduct the indigency hearing?
The judge who has jurisdiction over the case.
Who are a municipal judge's relatives within the first degree by blood?
The judge's father, mother, and children.
Who are a municipal judge's relatives within the second degree by blood?
The judge's father, mother, children, brothers, sisters, grandparents, and grandchildren.
Who are a municipal judge's relatives within the third degree by blood?
The judge's father, mother, children, brothers, sisters, grandparents, grandchildren, great-grandparents, great-grandchildren, uncles, aunts, nephews, and nieces.
List the municipal judge's relatives within the first degree by marriage. Second degree by marriage. Third degree by marriage.
The judge's relatives within the first degree by marriage are his or her spouse, his or her spouse's parents, his or her spouse's children, his parent's spouse, or his children's spouses. Those within the second degree include those above plus his spouse's brothers, sisters, grandparents, and grandchildren, and his brothers, sisters, grandparent's or grandchildren's spouses. Those within the third degree include all those above plus his spouse's great-grandparents, great-grandchildren, uncles, aunts, nieces, and nephews, as well as any spouses of his great-grandparents, great-grandchildren, uncles, aunts, nieces, and nephews.
Who has authority to issue a subpoena?
The judge, the court clerk, and the deputy clerk.
Why does the court keep a docket?
The law requires that a judge keep a docket.
Explain the mailbox rule.
The mailbox rule provides that a document may be filed with the court by mailing it in a first class postage prepaid envelope, properly addressed to the clerk, on or before the date the document is required to be filed. It is considered timely filed if the clerk receives it not later than the 10th day after the date that it is required to be filed. Hence, an appeal bond is timely filed if it is received timely under the mailbox rule.
Why may a clerk enter proceedings on a docket?
The maintenance of a docket is a ministerial duty. A clerk may enter proceedings on a docket because the judge is required to keep the docket, and the law specifically states the information that must be contained in it. The judge has no discretion in performing this duty.
What is the mission of OCA?
The mission of OCA is to provide administrative assistance and technical support to all of the courts in the State.
What happens if a court does not receive a motion for new trial by the time deadline for the judge to rule on the motion?
The motion is overruled by operation of law.
What does a court do when a defendant under the age of 17 fails to appear or fails to pay a fine for a traffic offense?
The municipal court conducts a contempt hearing. If the court retains jurisdiction of the juvenile and finds the juvenile in contempt, the court may order DPS to suspend or deny issuance of the driver's license as a sanction of the contempt. Art. 45.050(c)(2), C.C.P. This is on the DIC-81 form.
What happens if a defendant appeals his or her traffic conviction?
The municipal court does not report the conviction to DPS until it is final.
What must a notice regarding surcharges on driver's licenses contains?
The notice regarding surcharges must be in type larger than any other type on the citation and notify the defendant that a conviction of a traffic law may result in an assessment of a surcharge on the defendant's driver's license. Section 708.105 of the Transportation Code provides specific text to include for this notice.
A trial court's delay in hearing a case because of a backlog of cases set for trial cannot be used to justify denying a defendant's right to a speedy trial.
True
What are the three objectives of the Commission on Judicial Conduct?
The objectives of the Commission are: (1) to preserve the integrity of all judges in the State; (2) to ensure public confidence in the judiciary; and (3) to encourage judges to maintain high standards of both professional and personal conduct.
When a person is arrested, where is the officer supposed to take that person?
The officer is required to bring the accused before the court if the judge issued the warrant or a magistrate if the warrant was issued by a magistrate.
What information is required to be on the return when the peace officer was unable to serve the capias?
The officer must state the reason for failing to execute the warrant, and if the defendant cannot be located, what efforts have been made to find the defendant.
What amount may the processing fee not exceed?
The processing fee may not exceed five percent of the amount of the fee, fine, court costs, or other charge being paid.
Who may challenge the membership of the jury?
The prosecutor, the defendant, or the defendant's attorney may challenge the membership of the jury.
What is the purpose of the municipal court seal?
The purpose of the court seal is to authenticate the acts of the judge and the clerk.
List reasons why a court would continue a case without a motion.
The reasons that a court would continue a case without a motion are: (1) the defendant has not been arrested; (2) a corporation or association has not been served with the summons; and (3) there is not sufficient time for trial at that term of court.
In what form must a request for a continuance for a religious holiday be made?
The request must be made by an affidavit.
What information must be in the request for the continuance for a religious holiday?
The request must state the grounds for the continuance and that the party holds religious beliefs that prohibit him or her from taking part in a court proceeding on the day for which the continuance is sought.
What should a citation tell a juvenile regarding his or her address?
The requirement to notify the court of any change of address and that the failure to do so is a Class C misdemeanor.
Where is a capias returned to?
The return is made to the court from which the capias was issued.
When the sworn complaint is filed, is this a new case or the same case that was initiated by the citation?
The same case. The sworn complaint replaces the citation.
What is the amount of the special expense fee?
The special expense fee may not exceed the amount of the fine that could be imposed.
Which must be filed first: the oath of office or the statement of officer?
The statement of the officer.
What wording goes on a non-record municipal court seal?
The statute requiring the seal doesn't provide the wording of the seal.
List the steps to effective communication
The steps to effective communication are: Listen carefully; Face the person you are speaking to; Establish eye contact; Adopt a concerned body posture, tone of voice, and facial expression; Avoid a condescending or impatient tone; Have and show empathy; Eliminate distractions; Practice patience; Be consistent; and Do not take things personally.
List the steps to a problem-solving approach.
The steps to the problem-solving approach are: Gather information; Identify the issue or problem; Generate several options; Evaluate each option; Choose a course of action and plan it out; Implement the plan; Evaluate the result; and Modify and try again.
What information is required to be entered on the docket?
The style and file number of each criminal action, the nature of the offense charged, the plea offered by the defendant and the date the plea was entered, the date the warrant, if applicable, was issued and the return date made thereon, the date the examination of trial was held, and if a trial was held, whether it was by jury or by the justice or judge, the verdict of the jury, if any and the date of the verdict, the judgment and sentence of the court, and the date each was given, the motion for new trial, if applicable, and the decision thereon, whether an appeal was taken and the date of that action.
What type of description must the subpoena give of an item requested to be brought to trial?
The subpoena should give a reasonably accurate description of the document or item desired as evidence.
If a court suspends or denies issuance of a defendant's driver's license for a conviction for the offense of failure to attend school, for how long may the suspension or denial be?
The suspension or denial cannot exceed 365 days.
When is a time payment fee required to be collected?
The time payment fee is due from a defendant who pays any part of a fine, court costs, or restitution on or after the 31st day after the date on which a judgment is entered.
What must a city do if its court does not collect any court costs or fees during a calendar quarter?
The treasurer must still file a report with the Comptroller and report that no fees were collected.
What happens to a case appealed from a non-record court?
The trial in the appellate court is de novo, a new trial as if the case had originally commenced in that court.
List types of appeal bonds.
The types of appeal bonds are: cash appeal bond, surety appeal bond, and personal appeal bond.
What is a verdict?
The verdict is the decision of a jury.
When a defendant delivers a plea of guilty or nolo contendere to the court, what additional information must be included with the plea?
The waiver of jury trial.
A person requesting a subpoena may request in writing that the subpoena not be mailed
True
Why do municipal court clerks have authority to issue subpoenas?
There is no discretion in issuing a subpoena.
A person who cares for a person who is unable to care for himself or herself is automatically exempt from jury duty.
True
What cost must a petitioner pay when requesting an expunction from municipal court?
Thirty dollars.
What must a child pay for the peace officer's service of the summons to his or her parent?
Thirty-five dollars.
When a peace officer serves a summons on a defendant, how much must the defendant pay if he or she is convicted?
Thirty-five dollars.
A city secretary who supervises the deputy clerks is not familiar with many legal requirements; this causes a clash between the clerks and city secretary. Is this an ethical problem? What should the clerks do?
This is not an ethical problem. The city secretary's problem is a lack of training and education. This problem can be remedied by the city secretary reading materials from the Texas Municipal Courts Education Center.
A deputy court clerk, with whom you have become good friends, uses the judge's signature stamp to dismiss a case against her boyfriend. You find out about it. What do you do?
This is not only an ethical violation, but it is also a crime. It is tampering with a governmental record. You should report it to your supervisor, judge, and chief of police immediately.
A person who has legal custody of a child under the age of 12 is automatically exempt from jury duty.
True
What is the amount of the jury fee the court must assess when a defendant is convicted by a jury?
Three dollars.
Where are the moving violations defined?
Title 37, Section 15.89 of the Texas Administrative Code.
Most traffic law matters handled by municipal court are located in which title of the Transportation Code?
Title 7.
How does the Commission endeavor to achieve its objectives?
To achieve these goals, the Commission not only issues sanctions and secures the removal of judges from office who violate legal or ethical standards, but also offers assistance to judges who have an underlying personal impairment that is connected to the misconduct. In addition, the Commission participates as faculty members in continuing education programs at all levels of the judiciary.
What is the purpose of the court seal?
To authenticate the acts of the judge and clerk.
Why should the police department or the code enforcement officer investigate a citizen's complaint?
To determine if an offense has occurred.
Explain the reasoning and significance of separation of powers
To prevent the accumulation of too much power into too few hands, the US Constitution divides the government into the three branches. The theory is that if legal power is divided into 3 branches, no once branch will be able to dominate the other two and impose its own theory of justice in an unconsenting public.
To whom is a warrant directed?
To the proper officer.
A person who is legally blind is prohibited by law from being a juror in a criminal case.
True
. An indigent defendant charged with contempt may be entitled to a court appointed attorney in municipal court
True
A cash bond received by a peace officer must be deposited with the custodian of the funds of the court.
True
A judge can issue a warrant of arrest for a defendant charged with a Class C or fine-only misdemeanor in the judge's court upon the filing of a sworn complaint or probable cause affidavit.
True
A judge is not liable for damages arising from an act or failure to act in connection with manual labor if the failure to act was performed under a court order and not intentional, willfully, or wantonly negligent
True
It is not ex parte communication to tell the judge about a death threat made by a defendant to the victim.
True (but it could be improper conduct).
Courts are required to keep and maintain certain information on defendants charged with traffic violations.
True (the court is required to submit traffic conviction reports to DPS).
The Code of Judicial Conduct prohibits conduct that manifests bias or prejudice in the behavior of both judges and clerks
True (the judge shall perform his or her duties without bias and require the same of the staff).
A judge may talk with a person who wants to file a claim in municipal court for restitution for $700 for a fence that was damaged by a vehicle that lost control and drove through it.
True (the municipal court does not have jurisdiction of this case so the judge may talk with the defendant to explain that he or she has no authority over this case and it must be filed in another court).
Court clerks, deputy court clerks, and city secretaries may administer an oath to someone swearing to a complaint.
True, authority found in Article 45.019 C.C.P.
"May" means that the judge has permissible discretion.
True.
A 15-year-old can be cited for failure to wear a safety belt and be fined not less than $25 or not more than $50.
True.
A city ordinance complaint for the offense of a dog running at large may also conclude with the words "Contrary to the said ordinance."
True.
A city with a municipal judge who is disabled and uses a wheelchair may hire the judge's daughter to be the judge's aide and pay her out of city funds.
True.
A city with a population greater than 850,000 is required to use the Child Safety Fund for the purpose of providing school crossing guard services
True.
A city with a population of less than 850,000 is not required to order the collection of the parking fee for the Child Safety Fund.
True.
A city with a population of less than 850,000 must use the money collected for the Child Safety Fund for a school crossing guard program if the city operates one
True.
A clerk may not grant a motion for a continuance.
True.
A complaint gives notice to a defendant of the offense with which he or she is charged so that the defendant can prepare a defense
True.
A complaint is a charging instrument filed in municipal court.
True.
A complaint must begin with the following words: "In the name and by the authority of the State of Texas."
True.
A deaf defendant appears at the window. He has the right to have court procedures explained to him in sign language even though you have offered him the court brochure that explains the procedures.
True.
A defendant has 31 days to either pay a fine or present the court with an appeal bond from the time that he or she receives notice of the amount owed following a plea by mail.
True.
A defendant may plead guilty, not guilty, or nolo contendere when a citation has been filed with the court
True.
A defendant must provide a valid Texas driver's license (or be military) and proof of financial responsibility to be eligible for a DSC.
True.
A defendant who makes an appearance by mail has the right to appeal his or her case.
True.
A defendant who pleads nolo contendere will be found guilty by the court.
True.
A deputy court clerk is a public servant.
True.
A hearsay affiant is one who is acquainted with the facts of the case, but did not personally observe the offense.
True.
A judge does not need a motion to dismiss from the prosecutor to dismiss a charge for which there is a compliance dismissal.
True.
A judge may asses a defendant a special expense fee when granting deferred.
True.
A judge should not hear her husband's speeding ticket because they are related by affinity within the first degree.
True.
A judge who has the authority to hear a case has the authority to issue a capias.
True.
A judge would be disqualified from hearing her brother's speeding ticket because they are related by consanguinity within the second degree.
True.
A juror must be unbiased.
True.
A jury charge is a statement of the law that applies in the case being tried.
True.
A municipal court clerk has a duty to report to his or her judge unethical conduct of another court employee.
True.
A municipal court clerk is a public servant.
True.
A municipal court clerk is in violation of Section 37.10, Tampering with a Government Record, if he or she types a false statement in an arrest warrant before giving it to the judge to sign.
True.
A municipal court clerk may accept food, transportation, and lodging from an organization for whom he or she is making a speech
True.
A municipal court clerk may accept gifts from his or her mother.
True.
If the court orders a defendant to pay a victim restitution in installment payments, what is the amount of the restitution fee that the court may require?
Twelve dollars.
How does the mailbox rule affect how a motion for new trial is filed?
Under the mailbox rule, a document is timely filed with the clerk of a court if the document is deposited with the U.S. Postal Service in a first class postage prepaid envelope properly addressed to the clerk on or before the date the document is required to be filed with the clerk and the clerk receives the document not later than the 10th day after the date the document is required to be filed with the clerk.
Who usually summons the pick-up jury?
Usually, a peace officer is ordered to summons a pick-up jury.
Who is custodian of the funds of the court in your city?
Varies by city*
Vehicle registration may be denied for what offenses?
Vehicle registration may be denied for certain traffic offenses that have a maximum possible penalty of $200.
What kind of cases must be initiated in municipal court and not in any other court?
Violation of city ordinances and the resolutions, rules, and the orders of a joint airport board that occur in the territorial jurisdiction of the city and property owned by the city in the city's extraterritorial jurisdiction (ETJ)
For what offenses must the court order a specialized safety belt course?
Violation of the child safety seat offense under Section 545.412 or failure to secure a child in a safety belt under Section 545.413 of the Transportation Code.
What is meant by trial de novo?
When a case is appealed from a non-record municipal court, it is retried at the higher level as though it is a new case since there is no record of the case from the lower court. Hence trial de novo means try a matter anew the same as if it had not been previously heard before and as if no decision has been rendered.
What is the role of the clerk when he or she receives a request for a continuance?
When a clerk receives a request for a continuance, the clerk should present it to the judge and notify the prosecutor or the defense, whichever the case may be, of the continuance.
What must a judge do if a defendant fails to present evidence of completion of the terms of deferred disposition?
When a defendant fails to present satisfactory evidence of compliance of the terms of the deferral within the deferral period, the court shall notify the defendant in writing mailed to the address on file with the court to appear to show cause why the order of deferral should not be revoked.
When a city contracts with DPS, when is the $30 fee required?
When a defendant perfects an appeal of the case for which the warrant of arrest was issued or judgment arose; when a defendant posts bond or gives other security to reinstate the charge for which the warrant was issued; when the defendant pays the fine and costs owed on the outstanding judgment or makes suitable arrangement to pay the fine and costs within the court's discretion; when the case is dismissed.
When does a judge not have discretion to perform an action?
When a law prescribes a certain way to perform a certain action, the judge has no discretion.
When may the clerk administer the oath to prospective jurors for voir dire?
When directed to do so by the judge
When is the court required to forfeit a defendant's bail?
When the defendant fails to appear.
When may the trial be on the citation instead of the sworn complaint?
When the defendant waives the filing of a sworn complaint, the prosecutor and defendant agree in writing, and the agreement is filed with the court.
When can a defendant who has paid a judgment still appeal?
When the defendant was under duress to plead guilty or nolo contendere or to pay the fine. Hogan v. Turland, 430 S.W.2d 720 (Tex. Crim. App.−Austin 1967).
When a defendant does not waive a jury trial, when may the clerk summon prospective jurors?
When the judge issues a write commanding the clerk to.
What is the geographic jurisdiction of the municipal court?
Within the limits of the city.
How long does the city secretary have to make the report?
Within 30 days after the date of the person's election or appointment.
What general information is required to be on a citation?
Written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.
Do defendants charged with Class C misdemeanors in municipal court have to follow the same bail rules as someone posting a bond for trial in district court?
Yes
Must the warrant state the offense for which the person is being charged?
Yes
Does the court clerk have the authority to serve a citation in a bond forfeiture case?
Yes, if requested to do so by the prosecutor.
May a court seal be created electronically?
Yes, under Article 45.012(g) of the Code of Criminal Procedure.
Does someone charged with a city ordinance violation have the right to appeal his or her conviction?
Yes.
Does someone who fails to appear and is later arrested and convicted have a right to appeal his or her conviction?
Yes.
If a capias is not served until after the date fixed in the capias, are the proceedings under the capias still valid?
Yes.
If an appeal is from a court of record, can a defendant withdraw an appeal?
Yes.
When calculating time to present the court with an appeal bond, does the court count the 10th day?
Yes.
Rank the following actions by the Commission in order of severity:
__1__ Removal-Censure __4__ Private Admonition __2__ Public Reprimand __3__ Public Admonition
What are the two offenses that require a peace officer to issue a citation if the person signs it? (circle one) a. speeding and possession of an open container of alcohol in a motor vehicle b. no driver's license and failure to maintain financial responsibility c. jaywalking and failure to yield the right of way
b. Speeding and possession of an open container of alcohol in a motor vehicle.
Describe the role of each branch of Government
the legislative branch enacts the laws; the enforces the laws; and the judiciary interprets and applies the laws