Municipal Judges Book (eBook)

8th Edition

Regan METTEAUER, Ryan Kellus Turner (Autoren)

eBook Download: EPUB

2021 | 1. Auflage
342 Seiten
Bookbaby (Verlag)
978-1-62274-214-1 (ISBN)

Infos

Featuring both historic and contemporary issues, The Municipal Judges Book critically analyzes the nature of municipal courts and the judge's role in the Texas criminal justice system. Each edition is updated to reflect changes in Texas statutory law as well as federal and state case law.

---

Featuring both historic and contemporary issues, The Municipal Judges Book critically analyzes the nature of municipal courts and the judge's role in the Texas criminal justice system. An ideal textbook for new judges and others interested in procedural and substantive laws impacting Texas municipal courts, the content includes (1) an introduction to municipal courts and the Texas judicial system, (2) role of the judge, (3) an overview of judicial ethics, (4) an introduction to the rights of the accused and victims, (5) judgments, indigence, and enforcement, (6) contempt, and (7) the adjudication of juveniles in municipal and justice courts.

Textauszug

I. The History and Significance of Local Trial Courts

II. The Constitutional Origins of Municipal Courts in Texas

III. The Texas Judicial System

A. Local Trial Courts of Limited Jurisdiction

1. Municipal Courts

a. Criminal Jurisdiction

b. Civil Jurisdiction

c. Red Light Cameras

d. Jurisdiction by Contract

e. Conducting Proceedings Outside of Corporate Limits

f. Trial and Appeals

2. Justice Courts

B. County Trial Courts of Limited Jurisdiction

1. Constitutional County Courts

2. County Courts at Law (Statutory County Courts)

3. Appeals from Municipal Court

C. District Courts: State Trial Courts of General Jurisdiction and Special Jurisdiction

D. State Intermediate Appellate Courts

E. State Highest Appellate Courts

1. Court of Criminal Appeals

2. Supreme Court

IV. Magistrate Functions

A. Warrants

B. Presentation Before the Magistrate

C. Bail

D. Magistrate’s Order for Emergency Protection (MOEP)

E. Examining Trials

F. Miscellaneous

V. Municipal Courts and Municipal Government

A. Judicial Independence

B. Tension Between Express and Implicit Functions of Municipal Courts

C. State Law

VI. Basic Municipal Court Organization

A. Judge

1. Qualifications and Selection

2. Term of Office

3. Removal

4. Duties and Responsibilities

5. Administration of Oaths and Conducting of Ceremonies

B. Court Clerk

1. Qualifications and Selection

2. Term of Office

3. Duties and Responsibilities

C. Prosecutor

1. Term of Office

2. Duties and Responsibilities

D. Bailiff

1. Qualifications

2. Duties and Responsibilities

E. Warrant Officer

F. Defense Counsel

VII. Court Decorum

VIII. Contacts

A. Texas Office of Attorney General

B. Texas Comptroller of Public Accounts

C. State Bar of Texas

D. State Commission on Judicial Conduct

E. Texas Court Clerks Association

F. Texas Department of Public Safety

G. Texas Judicial Council / Office of Court Administration

H. Texas Municipal Courts Association

I. Texas Municipal Courts Education Center

J. Texas Municipal League

CHAPTER 1

AN INTRODUCTION TO MUNICIPAL COURTS AND THE TEXAS JUDICIAL SYSTEM

Introduction

More people (e.g., defendants, witnesses, and jurors) come into contact with municipal courts than all other Texas courts combined. Because these experiences are frequently the only contact citizens have with the courts, the public’s impression of the entire Texas judicial system is largely dependent upon their experience in municipal court. Municipal judges constitute more than 41 percent of the state judiciary1. Accordingly, municipal judges occupy a unique and most important position in the Texas judicial system.

The qualification and selection process of judges varies amongst municipalities; therefore, municipal judges come from a diverse range of occupational and educational backgrounds.2 In this diversity is strength. Yet, in spite of such diversity, the same characteristics tend to unite municipal judges: a fundamental respect for the rule of law, an appreciation for community, and a dedication to public service.

During the last 20 years, municipal courts have experienced a virtual deluge of change. Increased subject matter jurisdiction and a litany of new laws and legal issues have redefined the role of Texas municipal courts. Challenging the notion that municipal courts exclusively adjudicate traffic offenses, municipal courts in the 21st century serve a critical role in preserving public safety, protecting the quality of life in Texas communities, and deterring future criminal behavior.

Even seasoned trial lawyers who become judges learn that the transition to the bench is not necessarily easy. The perspective of a judge is different from any other participant in the judicial process and the challenges are unique to the occupation. A perpetual hunger for knowledge and a fundamental love of learning are the hallmarks of an exceptional judge. Being a judge requires a conceptual framework for understanding the judicial system.

I.The History and Significance of Local Trial Courts

While popular culture fixates on felonious criminal behavior and the adjudication of such cases, one of the most important components to maintaining order and reducing crime begins at the community level. In their groundbreaking book, Fixing Broken Windows, Kelling and Coles illustrate that in order to prevent “more serious,” less common crimes, the criminal justice system must locally address the more frequent, “less serious” crimes that collectively create a community environment conducive to all types of disorder and lawlessness.3

Texas municipal courts stem from a long tradition of local courts that have embraced the notion that the preservation of community life and the prevention of greater lawlessness begins at home in our towns and cities.

While the first local trial courts date back to the Old Testament (Exodus 18:13-26), local trial courts in the United States originate back to the justice of the peace and magistrate courts of 14th century England. During the 19th century, most of the United States continued the tradition of local courts through either the election or appointment of justices of the peace, mayors, police magistrates, recorders, and other judicial officers.

During the 20th century, local trial courts of limited jurisdiction experienced both considerable criticism and change. The impartiality of many local trial courts was called into question by the existence of the fee system (a system that paid the judicial officer directly from fees assessed against defendants found guilty). The demise of this notorious fee system began in Tumey v. Ohio4 in which the U.S. Supreme Court held that a judge in a misdemeanor case is disqualified from adjudicating the case if the judge’s fee depends on the conviction of the defendant.

Within 50 years, the Supreme Court once again addressed another controversial issue pertaining to lower court judges: Should lower court judges be attorneys? In North v. Russell,5 the Court held that non-lawyer judges do not deny defendants equal protection, nor do they violate the Due Process Clause of the 14th Amendment. In the 1980s, there were 11,000 judges in the United States who were non-attorneys (46 percent of all state judges).6 A disproportionate number of part-time, non-lawyer judges were located in New York and in Texas.7 While a majority of states require most judges to be licensed attorneys,8 about 40 states allow non-attorney judges to hold limited jurisdiction judgeships.9

By the 1980s, criticisms of the quality of justice dispensed in the lower courts led many states to initiate various reforms, such as increased emphasis on judicial education.10 By 2004, 26 states mandated that judges of limited jurisdiction have a requisite number of judicial education hours before taking the bench and 43 states required continuing judicial education.11 In 2011, 59 percent of limited jurisdiction courts were required to obtain some type of legal qualification to serve as a judge.12 While efforts to reform the local trial courts have resulted in beneficial changes in some jurisdictions, the problems facing local trial courts remain as varied as the courts themselves. In general, the most pressing problems of lower courts involve inadequate financing,13 inadequate facilities, lax court procedures, and unbalanced caseloads.14 In rural courts, problems include lower caseloads, lack of resources, and greater familiarity.15

By the millennium, local trial courts of limited jurisdiction existed in all but six states, the District of Columbia, and Puerto Rico.16 With 18,500 judges, local trial courts constituted 61.5 percent of the state judiciary in the United States in 2008.17 Over 68.5 million cases, two-thirds of all state court filings, were filed in local trial courts of limited jurisdiction.18 By 2011, the unification of trial courts in some states, most notably California, reduced the percentage of judges serving in limited jurisdiction...

Produkt-Details

• Erscheint lt. Verlag: 14.4.2021
• Sprache: englisch
• Themenwelt: Recht / Steuern
• ISBN-10: 1-62274-214-1 / 1622742141
• ISBN-13: 978-1-62274-214-1 / 9781622742141