True or False
In municipal courts all persons are presumed guilty until proven innocent.
False (all persons are presumed innocent until proven guilty).
True or False
Only when arrested without a warrant must a defendant appear before a magistrate without unnecessary delay.
False (also when arrested with a warrant).
True or False
Bail is the security given by an accused to guarantee the appearance of the accused before the proper court.
True.
True or False
Bail may be secured only through a bail bond or a cash bond.
True.
True or False
If a defendant requests a trial, the state must prove the defendant guilty beyond a reasonable doubt of an offense charged in the complaint.
True.
True or False
If A municipal judge may grant a new trial if the judge is persuaded that justice has not been done in a specific case.
True.
True or False
Defendants have a right to appeal a conviction in a municipal court.
True.
List two components of procedural due process.
The right to notice of a hearing or trial that adequately informs the accused of the charges against him or her and the right to a hearing.
What does the right to a fair hearing or trial include?
The right to a hearing or trial includes the right to present evidence on the accused person’s behalf before an impartial judge or jury, the right to the presumption of innocence until proven guilty by legally obtained evidence, and the right to have the verdict supported by the evidence presented at trial.
True or False
A complaint provides notice to a defendant of charges against him or her.
True.
True or False
A defendant cannot waive the right to proceed to trial on a complaint.
False.
True or False
If a complaint uses plain and intelligible language, it does not have to establish all the elements of the offense.
False.
True or False
For a hearing to be fair, it must be conducted publicly and without needless delay.
True.
True or False
Although the Texas speedy trial provision was declared unconstitutional, there is still a general due process right to a speedy trial. T/F
True.
True or False
A failure to request a jury trial is a waiver of the right to a jury trial.
False.
What is the time limit under the statute of limitations for filing a complaint for speeding?
Two years from the date of the offense.
When is a judge disqualified from hearing a case?
The judge is disqualified as a matter of law when a judge is the injured party; has been counsel for the State or the accused; or is connected to the accused or the party injured by consanguinity or affinity within the third degree as determined under Chapter 573 of the Government Code.
True or False
Defendants in municipal courts have the right to a court appointed attorney.
False.
True or False
If a defendant does not request counsel, the defendant is presumed to have waived the right to counsel.
False.
True or False
The municipal court can allow non-attorney friends and family members to legally represent defendants at trial.
False.
True or False
In municipal courts, defendants can waive the right to be present at trial and appear by counsel only if the prosecutor agrees.
True.
True or False
Before defendants can be tried in a municipal court, they must be competent and understand the proceedings.
True.
True or False
In municipal courts, the defendant can ask the court to subpoena witnesses.
True.
True or False
The defendant has both the right to testify and the right to choose not to testify.
True.
What rules govern the presentation of evidence?
The Texas Rules of Evidence.
What does it mean when a defendant “pleads the 5th?”
The defendant is invoking the right against self-incrimination.
What must the State prove for a jury or a judge to find a defendant guilty?
The State must prove each element of the offense charged beyond a reasonable doubt.
What does the 4th Amendment to the U.S. Constitution guarantee?
It guarantees protection against unreasonable searches and seizures.
What is the “Exclusionary Rule?”
This rule excludes evidence obtained from unreasonable searches and arrests.
What is the principle of “standing?”
A claim that a defendant was personally subjected to the unconstitutional conduct.
True or False
All persons who are deaf and hearing impaired learn American Sign Language.
False.
True or False
Court interpreters should always offer verbatim translations.
False (it might lead to a distortion of meaning).
True or False
A court procedure brochure and signs explaining a defendant’s rights are a proper substitute for the services of an interpreter.
False.
What group constitutes the largest group of Americans with disabilities?
Those with hearing disabilities.
What are the three basic categories of sign language?
Independent languages, such as American Sign Language; speech-equivalent-signing systems; and finger-spelling systems.
Why is an oral interpreter sometimes needed for defendants who read lips?
Only 26 percent of speech can be understood through lip-reading.
Define minimally language competent persons.
Persons who do not have a systematic way of communication and need relay or intermediary interpreters.
Give three examples of environmental noise that should be reduced when hard of hearing persons appear in court.
These may include reducing noise from fans, air conditioners, outside traffic or construction, and typing in an adjacent room.
Explain how CART works.
A court reporter keys in the spoken language, which then can be read on a personal computer.
True or False
Municipal court clerks may give magistrate warnings after a defendant is arrested when the municipal judge is not available.
False.
True or False
Interpreters must be appointed by the court if a defendant or witness cannot understand English.
True.
True or False
A family member or friend can be a language interpreter as long as he or she knows both English and the other language that requires interpreting.
False.
True or False
An interpreter with a basic designation can interpret in a municipal court of record.
False (a master designation is required for a court of record).
True or False
The law requires that a person with mental illness or intellectual or developmental disability be treated the same as those without disabilities when bond is set.
False (the magistrate is required to release on personal bond in most cases).
True or False
A municipal court must only comply with ADA requirements if it employs more than 15 persons.
False (all municipal courts must comply).
True or False
The ADA protects jurors and witnesses, as well as court employees.
True.
True or False
Even if it costs an excessive amount and poses an administrative hardship, a municipal court must accommodate the needs of one employee with a disability.
False (action is not required if it demands undue financial or administrative burden).
How does federal law define a person with a disability?
A person with a disability:
• has a physical or mental impairment that substantially;
• has a record of such an impairment; or
• is regarded as having such an impairment.
In the clerk’s area and the court’s window or counter, what accessibility problems often exist?
This answer may include high public counters, water fountains, and telephones; no accessible elevators; stairs instead of ramps; and inaccessible restrooms.
Within the courtroom, what areas must be accessible?
Judge’s bench, jury boxes, witness boxes, counsel table, public seating, and microphones.
Give four examples of what an accessibility ombudsman might do in your court.
The accessibility ombudsman may assist in arranging reasonable individualized accommodations such as making physical changes to the work environment, restructuring jobs, modifying schedules, or providing qualified readers.
What policies or practices could be evaluated either formally or informally for evidence of potential bias occurring in the courts?
Court assessments of how court users are treated can be formally or informally conducted by court personnel in areas such as:
• wait time at the window;
• access and placement on court dockets; or
• wait time to speak to the prosecutor.
Under Texas law, does the definition of family violence include “dating violence”?
Yes.
What is an emergency protection order?
A court order that prohibits the arrestee from committing family violence, stalking, communicating directly with or threatening the victim or a member of her family, going near the residence, place of employment, business, child care facility, or school where the person protected under the order reside or attend. This is also called a MOEP (magistrate’s order of emergency protection).
Who can make a motion for an emergency protection order?
Any of the following: a victim; a guardian of the victim; a police officer; a prosecutor; or a magistrate. Art. 17.292, C.C.P.
Can a clerk issue an emergency protection order?
No. This magisterial function must be performed by a judge or magistrate.
What must be done if the victim is not present when the emergency protection order is signed?
The clerk must mail him or her a copy.
True or False
Witnesses do not qualify for accommodation under the ADA.
False.
True or False
There is a juror handbook that the clerk is responsible for providing to all jurors.
True
What type of crime is threatening or harming a juror?
Second degree felony.
A member of the militia requests the home addresses and telephone numbers of jurors who heard his or her traffic case. Do you release this information?
No.
True or False
The clerk may sit in and converse with the jury during its deliberations.
False.
True or False
The prosecutor makes decisions about who to charge and what cases to dismiss.
True.
True or False
Judges may dismiss cases anytime they determine it is necessary.
False
True or False
The prosecutor may discuss a case with a judge before trial.
False.
List five end-users in municipal courts.
End-users include: defendants; victims; witnesses; prosecutors; defense lawyers; bail bondsmen; and jurors.
True or False
Once a defendant has been found guilty, he or she should be treated as a criminal and no longer as a court customer.
False.
True or False
Judicial immunity only covers judicial acts, not ministerial duties of the clerk.
True.
True or False
Cities can be held liable for procedural errors made by court clerks following city policy.
True.