Texas Government Code 30.00006 – Judge
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(a) A municipal court of record is presided over by one or more municipal judges.
(b) The governing body shall by ordinance appoint its municipal judges.
Terms Used In Texas Government Code 30.00006
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) A municipal judge must:
(1) be a resident of this state;
(2) be a citizen of the United States;
(3) be a licensed attorney in good standing; and
(4) have two or more years of experience in the practice of law in this state.
(d) The governing body shall provide by ordinance for the term of office of its municipal judges. The term must be for a definite term of two or four years.
(e) The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality. The judge may grant writs of mandamus, attachment, and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court. A municipal judge is a magistrate and may issue administrative search warrants.
(f) The municipal judges within a municipality may exchange benches and act for each other in any proceeding pending in the courts. An act performed by any of the judges is binding on all parties to the proceeding.
(g) A person may not serve as a municipal judge if the person is employed by the same municipality. A municipal judge who accepts employment with the municipality vacates the judicial office.
(h) The governing body shall determine the salary of a municipal judge. The amount of a judge’s salary may not be diminished during the judge’s term of office. The salary may not be based directly or indirectly on fines, fees, or costs collected by the court.