Supporting Personnel, Agencies and Process | Texas Municipal Court Info
The staff of the municipal court includes the municipal court clerk, the bailiff, the warrant officer and the prosecutor. All of these officers are appointed either by the city council or the chief executive officer of the city. They are subject to removal at the discretion of the appointing authority. The municipal court clerk's basic function is to serve as custodian of the official records and papers of the court and to assist in the docketing of cases. The clerk is responsible for scheduling of cases for trial and prepares a docket sheet that lists cases scheduled for trial at a particular date and time. The docket sheet usually contains:
Another paper that the clerk processes is the complaint. The complaint describes the offense that the defendant is accused of committing. It contains the defendant's name, the date of the alleged offense and the location of the offense. It states what the defendant allegedly did in sufficient detail to correspond to the penal statue or ordinance that the defendant is accused of violating. Failure of the complaint to spell the defendant's name accurately, to describe the location of the offense or to fail to recite a particular violation contained in the penal statue or ordinance may cause the charge to be dismissed.
During the trial the prosecution must offer evidence to prove the essential facts of the complaint. The complaint should be distinguished from the criminal citation, which is the ticket or notice that an offender is given by a police officer. A citation is a notification that the officer has charged the person named therein with a minor offense. When the person signs the citation, he or she makes a promise either to plead guilty and pay a fine or to appear at the trial of the charge.
It is the clerk's job either to prepare or preside over the preparation of these criminal complaints. In many municipal courts, this job has been turned over to computers. Another important record that the clerk keeps track of is the judgment. Although municipal court judges are not required to file findings of fact and conclusions of law they do have to render a judgment in every case. Usually this is a short notation of the type of case, the finding of guilty, or nolo contendere, and the setting of a fine. The clerk is in charge of maintaining accurate and up-to-date records of all municipal court judgments.
The bailiff is a peace officer who keeps order in the court. A municipal court bailiff is also charged with protecting the judge and witnesses and with serving the court papers. The most commonly served court paper is an arrest warrant, which usually must be delivered personally to the individual named in the warrant. Sometimes peace officers called warrant officers or city marshals serve warrants instead of bailiffs. The prosecutor plays a significant role in scheduling cases, in disposing of defense attorney's motions, and in plea bargains.
- the number of the case
- the name of the defendant
- an indication of whether the defendant is represented by an attorney
- the name of the attorney
- a description of the offense
- the name of the police officer who will testify
Another paper that the clerk processes is the complaint. The complaint describes the offense that the defendant is accused of committing. It contains the defendant's name, the date of the alleged offense and the location of the offense. It states what the defendant allegedly did in sufficient detail to correspond to the penal statue or ordinance that the defendant is accused of violating. Failure of the complaint to spell the defendant's name accurately, to describe the location of the offense or to fail to recite a particular violation contained in the penal statue or ordinance may cause the charge to be dismissed.
During the trial the prosecution must offer evidence to prove the essential facts of the complaint. The complaint should be distinguished from the criminal citation, which is the ticket or notice that an offender is given by a police officer. A citation is a notification that the officer has charged the person named therein with a minor offense. When the person signs the citation, he or she makes a promise either to plead guilty and pay a fine or to appear at the trial of the charge.
It is the clerk's job either to prepare or preside over the preparation of these criminal complaints. In many municipal courts, this job has been turned over to computers. Another important record that the clerk keeps track of is the judgment. Although municipal court judges are not required to file findings of fact and conclusions of law they do have to render a judgment in every case. Usually this is a short notation of the type of case, the finding of guilty, or nolo contendere, and the setting of a fine. The clerk is in charge of maintaining accurate and up-to-date records of all municipal court judgments.
The bailiff is a peace officer who keeps order in the court. A municipal court bailiff is also charged with protecting the judge and witnesses and with serving the court papers. The most commonly served court paper is an arrest warrant, which usually must be delivered personally to the individual named in the warrant. Sometimes peace officers called warrant officers or city marshals serve warrants instead of bailiffs. The prosecutor plays a significant role in scheduling cases, in disposing of defense attorney's motions, and in plea bargains.
Other Departments of the City Government
Other departments of the city government that may institute criminal complaints are the fire, building, inspection, health and consumer affairs departments. Finally, the municipal court fines bureau is the administrative department set up to collect all fines assessed by the municipal courts. The vast majority of municipal fines are paid by mail. Among its other functions are keeping records on delinquent tickets and bonds, processing appeal and cash bonds, and keeping records of defendants' criminal convictions in cooperation with other law enforcement agencies.
