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Part 1: Rights of the Accused
1. Defendants have the right to a jury trial in a municipal court.
True.
2. Municipal court defendants have a right to a copy of the complaint.
True.
3. Defendants may represent themselves at trial.
True.
4. Defendants must request a jury trial if they want one.
False (Defendants have the right to a jury trail, meaning they automatically get a jury trail and must waive the right if they do not want one).
5. Defendants in municipal courts have a constitutional right to a speedy trial.
True.
6. The right to a speedy trial is violated if a municipal court case is not set for trial within 90 day.
False (The law does not provide a specific number of days or months. It is up to the judge to decide, based on the individual case).
7. 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.
8. An indigent defendant in a municipal court always has the right to have a court-appointed attorney.
False.
9. An indigent defendant may be entitled to a court appointed attorney in a municipal court if the judge concludes it is in the interests of justice.
True.
10. Defendants have the right to either a public or private trial.
False.
11. Defendants convicted of a city ordinance violation do not have the right to an appeal.
False.
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Select each item to learn more.
12. What is the role of the clerk in the trial process?
The clerk’s role in the trial process includes providing information to defendants, managing administrative processes, scheduling cases for trial, issuing subpoenas, and summonsing the jury.
13. A clerk may give legal advice to defendants who represent themselves.
False.
14. 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.
15. 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.
16. 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), whether the individual is a juvenile or adult, etc.
17. 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.
18. 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.
19. Why should the police department or the code enforcement officer investigate a citizen’s complaint?
To determine if an offense has occurred.
20. 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.
21. When a court uses the assignment by court clerk method of scheduling cases, who is responsible for obtaining a trial date?
The defendant.
22. 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
23. 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 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.
24. What is a subpoena?
It is a writ issued to a person or persons giving an order to appear as a witness.
25. Who is entitled to a subpoena?
Both the defense and the prosecution.
26. Who has authority to issue a subpoena
The judge, the court clerk, and the deputy clerk.
27. Courts are required to issue subpoenas when requested by either the State or the defense.
True.
28. 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).
29. A person requesting a subpoena may request in writing that the subpoena not be mailed.
True.
30. A subpoena is not valid unless the municipal court seal is impressed on it.
False.
31. 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.
32. 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.
33. 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.
34. 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
35. 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).
36. If a subpoena has been requested within seven business days of the trial, it may not be served by mail.
True.
37. A peace officer may be compelled to serve a subpoena.
True.
38. 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.
39. Only the defense may request a writ of attachment.
False (the State can also request a writ of attachment).
40. Witnesses who fail to appear after being served with a subpoena may be fined up to $100.
True.
41. Judges do not have discretion to reduce the fine or remit the fine if the witness subpoenaed eventually appears and testifies.
False.
42. When a witness is required to post bail, the clerk who issued the subpoena may set the bail.
False (the judge sets bail).
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Part 3: Pre-Trial
43. How can pre-trial hearings be an effective means of caseflow management?
Pre-trails help courts in caseflow management by: (1) handling the defendant's challenges to the charges filed; (2) disposing of issues that do not relate to the merits of the case; or (3) assuring in advance that other times set for disposition of uncontested cases will not be taken up by other matters. Clerk may be able to list other ways that conducting pre-trails help manage their trail dockets.
44. 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.
45. 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.
46. If a defendant refuses to plead, what must the court do?
The court must enter a plea of not guilty
48. The court may require defendants to file all motions at least seven days before the pre-trial hearing date.
False.
47. The law requires a pre-trial hearing to be set in every criminal case.
True.
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Part 4: Continuances
49. 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.
50. Who may request a continuance in open court?
The defense and the prosecution may by agreement request a continuance in open court.
51. How long can a continuance last?
A continuance may be only for as long as is necessary.
52. Who may request a continuance when the trial date falls on a religious holiday?
A defendant, defense attorney, prosecutor, or juror.
53. In what form must a request for a continuance for a religious holiday be made?
The request must be made by an affidavit.
54. 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.
55. 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.
56. A motion for continuance for cause may be requested by telephone.
False (motions must be in writing and sworn).
57. A clerk may not grant a motion for a continuance.
True.
58. If a defendant calls and wants to reset the case, the clerk has authority to reset the case.
False.
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Part 5: Prospective Jurors and Jury Selection
59. What is a venire?
A list of prospective jurors to be summoned to serve for a particular term of the court.
60. How many jurors are selected to hear cases in municipal courts?
Six.
61. 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.
62. Jurors may be selected only from city tax rolls.
False.
63. When a person does not reside within a city, he or she may not serve as a juror in municipal court.
True.
64. A person who is not registered to vote may not serve on a jury.
False.
65. A person who is accused of or has been convicted of misdemeanor theft may not be a juror.
True.
66. A person must be able to read and write to be a juror.
True.
67. A juror must be unbiased
True.
68. A person who has legal custody of a child under the age of 12 is automatically exempt from jury duty.
False (it is an exception but it must be claimed first).
69. A person who is a full-time student may claim an exemption from jury duty.
True.
70. A person who is legally blind is prohibited by law from being a juror in a criminal case.
False (the statutes only contemplate a civil case).
71. An employee of the Texas Legislature may be eligible for an exemption from jury duty.
True.
72. A person who cares for a person who is unable to care for himself or herself is automatically exempt from jury duty.
False (it is an exception but must be claimed first).
73. The judge may reschedule a prospective juror’s jury service for medical and hardship reasons.
True.
74. Persons who are over 70 years of age may request a permanent exemption from jury duty.
True.
75. The municipal court clerk is required to file a person’s request for a permanent exemption with the voter registrar of the county.
True.
76. 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).
77. Municipal courts are not required to pay persons who serve as jurors in their courts.
True.
78. 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.
79. 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.
80. 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.
81. 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.
82. 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 nonresidence 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.
83. 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.
84. 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.
85. What is the maximum penalty that may be assessed when a juror fails to appear in municipal court?
$100
86. When a juror fails to appear, with what offense is he or she charged?
Contempt.
87. Who may challenge the membership of the jury?
The prosecutor, the defendant, or the defendant’s attorney may challenge the membership of the jury.
88. Who may ask the court for a jury shuffle?
Either the prosecutor or the defendant or defendant’s attorney may demand a jury shuffle
89. Describe how the prospective jurors may be shuffle.
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.
90. 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.
91. 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.
92. Voir dire is a process where jurors may be removed if they have preconceived opinions about a case.
True.
93. Only the defense may ask the court to remove a juror because the juror has already decided that the defendant is guilty.
False.
94. Removing a juror during voir dire is called removal for cause.
True.
95. 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.
96. 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.
97. 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.
98. Why would a court have to order additional jurors to be summoned for a trial?
If the court does not have enough jurors to hear the case, the court would order a pick-up jury.
99. Who usually summons a pick-up jury?
Usually, a peace officer is ordered to summons a pick-up jury.
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Part 6: Trials
100. In what ways may a defendant appear and enter a plea?
A defendant may enter a plea in person, by mail, or through an attorney.
101. Defendants who fail to appear may still be tried and found guilty in their absence.
False.
102. If a defendant refuses to plead, the court must enter a not guilty plea for him or her.
True.
103. Trials in municipal courts are not open to the public.
False.
104. Municipal courts may exclude city council members from attending trials.
False.
105. Municipal courts may not exclude the news media from attending trials.
True.
106. Witnesses may be excluded from trial only when “The Rule” is invoked.
True.
107. Victims must always be excluded when “The Rule” is invoked.
False.
108. 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.
109. If the defendant fails to appear for a jury trial, the judge may order him or her to pay a reimbursement fee for the costs of impaneling the jury.
True.
110. At trial, the prosecution presents its evidence first.
True.
111. The defense does not have a right to cross-examine the prosecution’s witnesses.
False.
112. The defendant cannot be compelled to testify.
True.
113. The charge to the jury is given after both the defense and prosecution have concluded their evidence.
True.
114. A jury charge is a statement of the law that applies in the case being tried.
True.
115. If a trial is before the judge, the judge makes the finding as to whether the defendant is guilty or not guilty.
True.
116. Clerks may influence a judge’s decision about a particular case if the defendant was difficult to handle.
False.
117. What is a judgment?
The judgment is the decision of the judge.
118. Which two statutes contain the requirements of a valid judgment?
Chapter 42.01 is the general statute and the specific statute is 45.041.
119. During deliberation, if a juror has a question, the defense or prosecution may answer the question.
False.
120. 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.
121. After a mistrial has been declared, when can the court conduct another trial?
Another trial may be conducted as soon as practicable.
122. What is a verdict?
A verdict is the final decision on the trial of a criminal case: either guilty or not guilty.
123. When a defendant is found not guilty, he or she must still pay court costs.
False.
124. When a defendant is found guilty, he or she may request a new trial or appeal the case.
True.
125. List three offense types in which the clerk must report convictions to the Department of Public Safety:
Three offense types: traffic violations, an Alcoholic Beverage Code violation under Chapter 106, or the Penal Code violation of theft of gasoline.
126. The judge is required to enter in the judgment the period of time for jail credit.
True.
127. Municipal courts must grant jail-time credit in the amount of at least $150 for each day that a defendant has spent in jail before conviction.
False (the court must credit not less than $150 for a period of time that is specified in the judgment−the “period of time” can be from eight hours to 24 hours).
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Part 7: New Trial
128. 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).
129. When is the State entitled to a new trial?
The State is never entitled to a new trial in municipal court.
130. 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.
131. 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.
132. What happens if a court does not receive a motion for new trial by the deadline for the judge to rule on the motion?
The motion is overruled by operation of law.
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Part 8: Court Interpreters
133. 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).
134. 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).
135. Courts are required to appoint interpreters for witnesses who do not speak English.
True.
136. An interpreter for a defendant who is hard of hearing must be a certified interpreter.
True.
137. 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).
138. 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.
139. 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.
140. What are courts required to do if a juror is deaf or hard of hearing?
Provide an interpreter or some type of auxiliary aid.
141. Who is responsible for paying the costs of services for a deaf or hard of hearing juror?
The court.
142. What is the penalty for interpreting without being licensed by the State?
Class A misdemeanor.
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Part 9: Court Reporters
143. Official court reporters are required to take an oath of office just like an elected or appointed official.
True.
144. 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.
145. Courts of record must have a court reporter instead of a recording device.
False.
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Part 10: Contempt
146. 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.
147. 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.
148. What is the general penalty for contempt in municipal courts?
A fine not to exceed $100 and/or three days in jail.
149. What is the penalty for contempt by an officer’s failure to execute process?
A fine of $10 to $200
150. What is the penalty for failure to appear for jury duty in municipal court?
A fine of not more than $100.
151. What is the penalty for a witness’s failure to appear pursuant to a subpoena?
A fine not to exceed $100.