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Part 1: Officers of the Court
1. The judge plays an adversarial role in court.
False.
2. If there is not a prosecutor, the judge or clerk should serve as the prosecutor and represent the State.
False.
3. The prosecutor, with the consent of the judge, has the authority to dismiss a case.
False.
4. The prosecutor is responsible for preparing and drafting complaints and may ask the clerk for assistance.
True.
5. The court clerk may exercise judicial discretion.
False.
6. What is the longest term of office that a city may set for municipal judge? How may a city provide this term of office?
The Texas Constitution authorizes cities to provide for a term not to exceed four years for the municipal judge. A city may provide for this term through its city charter or by majority vote, depending on whether it is a home-rule or general-law city. For municipal courts of record, however, the term of office for judges is established by the ordinance that created the office, for a definite term of two or four years.
7. May a non-attorney parent represent his or her child in court if that person is named in power of attorney? Why or why not?
No, a non-attorney may not represent another person in court proceedings regardless of any relationship or power of attorney document. A power of attorney, despite its name, does not permit a person to act as a licensed attorney representing others in court. A person must be an attorney at law, licensed to practice in Texas.
8. What qualifications are required to practice law in Texas?
Minimum qualifications to become an attorney in Texas are a law degree (Doctor of Jurisprudence or J.D.) and a valid Texas Law License.
9. How often must the statement of officer and oath of office be filed?
Every time appointment, election, reappointment, or reelection occurs; with each new term of office.
Flip Cards
Part 2: Authority of a Judge
10. 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.
11. What governs the selection of municipal judges in a home-rule municipality?
The city’s charter.
12. 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.
13. What is a question of law?
A question of law is an issue involving application or interpretation of a law.
14. What is a question of fact?
A question of fact is an issue involving resolution of a factual dispute.
15. 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.
16. 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.
17. Which kind of duty may a judge delegate to a court clerk?
Judges can delegate a ministerial duty to the clerk.
18. Clerks may set and take bail from a defendant.
False.
19. The clerk may ask the defendant how he or she wants to plea.
False.
20. 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.
21. Clerks may not conduct trials.
True.
22. Clerks may set fines.
False.
23. Clerks may grant extensions and time payment plans to defendants.
False.
24. Clerks may require a defendant to pay a fine by performing community service.
False.
25. The judge has authority to waive all or part of the fine or costs if the defendant is indigent or does not have sufficient resources or income to pay all or part of the fine or costs and discharging the fine or costs by community service or installment payments would impose an undue hardship.
True.
26. Clerks may not issue arrest warrants.
True.
27. Municipal court clerks have the authority to issue a capias.
False.
28. Only a judge may issue a summons for a defendant.
True.
29. When a judge is not available, the clerk may grant deferred disposition or teen court.
False.
30. Judges can permit clerks to perform judicial duties and then later adopt the actions of the clerk.
False.
31. Municipal court clerks may stamp the judge’s signature on court documents when the judge is on vacation.
False.
32. When a judge is in the office 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.
33. 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.
34. Municipal court clerks cannot be held liable for performing a judicial duty if the judge requires the clerk to perform the duty.
False.
35. Municipal judges are magistrates.
True.
36. Municipal judges may perform duties that a magistrate has the authority to perform.
True.
37. Municipal judges, acting as magistrates, may issue emergency protection orders for an offense involving family violence.
True.
38. Only justices of the peace may conduct peace bond hearings.
False.
39. Municipal judges, acting as magistrates, may accept a complaint (probable cause affidavit) for a felony.
True.
40. Municipal court clerks may give magistrate warnings after a defendant is arrested when the municipal judge is not available.
False.
41. Municipal judges, acting as magistrates, may issue search warrants.
True.
42. Only justices of the peace may conduct license suspension hearings.
False
43. Usually, clerks are responsible for establishing and maintaining a financial management program for the court.
True.
44. Although presiding judges have authority to administer the oath to someone swearing to a complaint, associate judges do not.
False
45. A municipal judge may dismiss a case filed by a citation if the peace officer asks for the dismissal.
False (Only a prosecutor may request a case be dismissed).
46. When defendants present proof that they renewed an expired driver’s license, the clerk may dismiss the case.
False.
47. Clerks may dismiss an offense for failure to maintain financial responsibility if the judge is on vacation.
False.
48. What power does a judge use to exercise control in the courtroom?
Contempt power.
49. What Code gives municipal judges the authority to conduct marriage ceremonies?
Family Code.
Flip Cards
Part 3: Authority of a Court Clerk
50. What is general-law city?
A general-law city is one with a population under 5,000 or with a population of more than 5,000 that does not have a home-rule charter and is, therefore, governed by general laws of the State.
51. In a general-law city, is the municipal court clerk hired, appointed, or elected?
In general-law cities, the municipal court clerk may be either appointed or elected.
52. What is a home-rule city?
A home-rule city is one that has a charter that governs it, and therefore has a measure of self-government.
53. In a home-rule city is the municipal court clerk hired, appointed, or elected?
In a home-rule city, the municipal court clerk may be hired, appointed, or elected.
54. City secretaries may never hold the office of court clerk.
False.
55. 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.
56. In a general-law city, the city manager may fill a vacancy for the unexpired term of a court clerk’s office.
57. Every time someone is elected, appointed, or reappointed, he or she is required to swear to an anti-bribery statement and to take an oath of office.
True.
58. An elected or appointed official may perform official duties before filing the anti-bribery statement with the official records of the office.
False.
59. List the general duties of the municipal court clerk.
General duties of the clerk include: • keep minutes of the court proceedings; • issue (prepare) process; and • generally perform the duties for the municipal court that a county clerk performs for a county court.
60. 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.
61. Both clerks and judges may establish and maintain a financial management program for the court.
True.
62. Court clerks may prepare warrants but not sign them.
True.
63. Only judges may grant driving safety courses, but clerks may give defendants the paperwork on court requirements for processing their cases.
True.
64. What type of records is a municipal court clerk of a court of record required to keep regarding traffic offenses?
Municipal court clerks of courts of records are required to keep a record of each case in which a person is charged with a violation of law regulating the operation of vehicles on highways.
65. In non-record courts, who is required to keep records of traffic offenses?
In non-record courts, judges and magistrates are required to keep records of traffic offenses. Keeping these types of records is a ministerial duty that judges may delegate to the clerk.
66. Who is required to report convictions and bond forfeitures of traffic offenses to the Department of Public Safety?
Municipal court clerks, judges, and magistrates are required to report convictions and bond forfeitures of traffic offense to the Department of Public Safety.
67. When a prospective juror files a permanent exemption with the municipal court clerk, what is the clerk required to do?
The clerk is required to deliver a copy of the permanent exemption to the county voter registrar.
68. When either the defense or prosecution demands a jury shuffle, what is the clerk required to do?
The clerk is required to randomly select jurors by computer or another process of random selection and shall write or print the names in the order selected on the jury list. The clerk shall deliver a copy of the list to the prosecutor and to the defendant or his or her attorney.
69. When a defendant appeals his or her case, what is the clerk required to do?
The clerk has a mandatory ministerial duty to forward the appeal to the appellate court.
70. What is a clerk required to do when a bond forfeiture has been declared?
When a forfeiture has been declared, the judge or clerk shall docket the case upon the scire facias (a special docket for bond forfeiture) or upon the civil docket.
71. 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 of the order to the victim.
72. 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 immediately notify the Texas Department of Public Safety.
73. What is a clerk required to do after warrants have been executed?
Keep a copy of the warrants and supporting affidavits on file for public viewing.
74. Who is custodian of the funds of the court in your city?
Answer may vary from city to city.
75. When a defendant does not waive a jury trial, when may the clerk summon prospective jurors?
A clerk may summon prospective jurors when the judge issues a writ commanding the clerk to summon a list of citizens from which six qualified persons shall be selected.
76. When may the clerk administer the oath to prospective jurors for voir dire?
The clerk may administer the oath to prospective juror for voir dire when directed to do so by the judge.
77. What information is required to be entered on the docket?
Information to be entered into 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 any, was issued and the return 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 any, and the decision thereon; and • whether an appeal was taken and the date of that action.
78. Why may judges delegate the maintenance of the docket to the clerks?
Because judges are required to keep a docket and there is no discretion as to the information required to be maintained, judges may delegate this ministerial duty to the clerk.
79. 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.
80. Court clerks, deputy court clerks, and city secretaries may administer an oath to someone swearing to a complaint.
True. This authority is found in Art. 45.019, C.C.P.
81. Municipal court clerks may administer an oath pertaining to any matter in municipal court.
True.
82. Judges may ask the clerk to administer the oath to the six persons chosen for a jury.
True.
83. Why do municipal court clerks have authority to issue subpoenas?
Municipal court clerks have the authority to issue subpoenas because there is no discretion in issuing a subpoena; it is a ministerial duty.
84. What wording goes on a non-record municipal court seal?
The statute requiring the seal does not provide the wording of the seal.
85. What is the wording on a municipal court of record seal?
“Municipal Court of/in ___________, Texas.”
86. What is the purpose of the municipal court seal?
The purpose of the court seal is to authenticate the acts of the judge and clerk.
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87. Explain, in your own words, 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, and being courteous to all who appear in court are examples. (Answers may vary).