True or False
Original jurisdiction means that a court has authority to adjudicate a case.
True.
True or False
Municipal courts have exclusive original jurisdiction over all offenses filed in their court.
False (also when arrested with a warrant).
True or False
Municipal courts have concurrent jurisdiction with justice courts over state law violations that occur in the geographic jurisdiction of the city.
True.
True or False
Municipal courts of record automatically have concurrent jurisdiction with district and county courts for the purpose of enforcing junked vehicle ordinances.
False.
True or False
Municipal courts have geographic jurisdiction over fine-only offenses that occur within the territorial limits of the county.
False.
True or False
Municipal courts have jurisdiction over fine-only offenses that occur on city-owned property in the city’s extraterritorial jurisdiction.
True.
True or False
Municipal courts of record in home-rule cities have some jurisdiction over city ordinance offenses which abate nuisances that occur within any part of the extraterritorial jurisdiction of the city.
True.
True or False
Municipal courts do not have jurisdiction over offenses that include as part of the sanctions suspension of the driver’s license.
False
True or False
State statutes specify maximum amounts of penalties that cities may establish for city ordinance violations.
True.
True or False
The maximum amount of fine jurisdiction of municipal courts is $500.
False.
True or False
Municipal courts may waive their jurisdiction over persons under the age of 17 for all Class C misdemeanor offenses.
False.
True or False
Defendants in municipal courts are entitled to 10 days notice of a complaint filed against them.
False.
True or False
The filing of a complaint in municipal courts initiates the proceedings in municipal courts.
True.
True or False
Only peace officers, not citizens, may be affiants for complaints filed in municipal courts. T/F
False.
True or False
All complaints must begin with the words, “In the name and by the authority of the State of Texas.”
True.
True or False
State statutes require that all complaints end with the words, “Against the peace and dignity of the State,” including complaints for city ordinance offenses.
True
True or False
Failure to allege all the elements of an offense in the complaint makes the complaint defective.
True.
True or False
All complaints must allege a specific location in the complaint.
False.
True or False
A complaint must allege that the offense occurred within the city.
True.
True or False
City ordinance offenses punishable by a fine of more than $500 are not required to allege a culpable mental state.
False.
True or False
A culpable mental state must be alleged in a complaint for all traffic offenses.
False.
True or False
If an abbreviation is well-defined and well-understood, it can be used in the complaint without rendering the complaint defective
True.
True or False
Grammatical and spelling errors always make a complaint defective.
False.
True or False
The owner of stolen property does not have to be identified in the complaint.
False.
True or False
The complaint charging the offense of theft must describe the property stolen.
True
True or False
It is not necessary to allege the specific value of stolen property in a complaint.
False.
True or False
The prosecutor is not allowed to allege the name of a victim in a complaint because the names of all victims are confidential.
False
True or False
The doctrine of idem sonans means that a name in a complaint may be amended.
False
True or False
The manner of committing an assault must be alleged in a complaint.
True
True or False
A complaint must allege the date of the offense on or about as definitely as the affiant can provide.
True.
True or False
A misdemeanor complaint generally must be filed within two years of the commission of the offense.
True (three years for assault with family violence).
True or False
A person swearing to a complaint must do so in front of the person administering the oath.
True.
True or False
An affiant is required to have personal knowledge of an offense before swearing to a complaint.
False.
True or False
Complaints must state that an affiant has reason to believe and does believe.
True.
True or False
A jurat is the signature of the person swearing to a complaint.
False.
True or False
If the person administering the oath to an affiant does not have authority to do so, the complaint is still valid.
False.
True or False
If a jurat does not state a specific date, the complaint is defective.
True.
True or False
Municipal court complaints are required to have a court seal.
True.
True or False
A motion to quash a complaint means that the defendant is asking the court to set aside the complaint because of some defect in the complaint.
True.
True or False
When a court grants a motion to set aside a complaint, the prosecutor cannot file a new complaint in the case.
False.
True or False
If a complaint is amended, the affiant can “re-swear” to the amended complaint so that the complaint will not be defective.
True.
True or False
Court clerks may enhance charges filed by citation if there are prior convictions.
False.
True or False
A complaint must be enhanced to increase the second or subsequent punishment.
True.
True or False
All Class C misdemeanor charges can be filed by a citation.
False.
True or False
A citation may serve as a complaint only when the defendant has been given a legible duplicate copy.
True.
True or False
The citation may never serve as a complaint at trial.
False.
True or False
A sworn complaint based on probable cause or a probable cause affidavit must be on file with the court before a warrant may be issued.
True.
True or False
Because some statutes create a mandatory judicial duty to dismiss cases in certain instances, judges are allowed to dismiss without a prosecutor motion.
True.
True or False
Municipal judges do not have any discretionary authority to dismiss cases.
False.
True or False
A docket is a formal record of each case in the court.
True.
True or False
If a court maintains and stores a docket electronically, the court must also maintain a paper copy of the docket.
False.
True or False
A judgment is the official decision of a judge showing the conviction, acquittal, or dismissal of charges against a defendant.
True.
True or False
A judgment may be signed electronically and then entered in the docket.
True.
True or False
A plea is only valid if it is given intelligently and voluntarily.
True.
True or False
When defendants do not want to contest the charges filed against them, they must plead either guilty or nolo contendere and waive their right to a jury trial in writing.
True.
True or False
When defendants appear in municipal courts, they are submitting themselves to the authority and jurisdiction of the court.
True.
True or False
A family member of the defendant who is not an attorney may deliver to the court a signed nolo contendere plea to the court.
False.
True or False
Adult defendants may appear by counsel in open court to plead guilty or nolo contendere.
True.
True or False
If an adult defendant delivers a plea to the court on or before his or her scheduled appearance date, the court must dispose of the case without requiring a court appearance.
True.
True or False
A defendant is considered to have made an appearance when he or she mails in a plea and/or fine payment.
True.
True or False
Clerks may ask defendants who appear in their office for a plea to determine how to process the defendant’s case.
False.
True or False
Clerks have the authority to accept or reject a mail-in payment if it is an incorrect amount.
False.
True or False
When clerks receive fine payment from defendants who either deliver or mail the payment to the court, there is not a conviction until the judge accepts the payment and signs a judgment.
True.
True or False
All defendants who fail to appear can be charged with the Penal Code offense of failure to appear.
False.
True or False
The offense of violation of promise to appear may be charged when a defendant fails to appear for any traffic offense.
False.
True or False
Courts can contract with DPS to deny driver’s license renewal to defendants who fail to appear.
True.
True or False
Cities can contract with the Texas Department of Motor Vehicles for denial of vehicle registration renewal for defendant’s failure to appear.
True.
True or False
The purpose of the Nonresident Violator Compact is to assure that nonresident motorists receiving traffic citations in member states will receive the same treatment accorded resident motorists.
True.
True or False
Before a warrant or capias may be issued, the judge must have probable cause.
True.
True or False
In some instances, court clerks may determine probable cause.
False.
True or False
A complaint is not sufficient to issue a warrant unless it contains probable cause.
True.
True or False
City police officers have countywide authority to serve municipal court warrants.
True.
True or False
A municipal judge has authority as a judge and as a magistrate to issue arrest warrants.
True.
True or False
The judge’s authority, under Art. 45.014/45A.104, C.C.P., to issue warrants of arrest is for fine-only misdemeanors filed in the judge’s court.
True.
True or False
When a bond forfeiture is declared, the court is required to issue a capias.
False.
True or False
A capias may be issued by either a municipal court clerk or a municipal judge.
False.
True or False
Clerks may issue summonses.
False.
True or False
Before a court can issue a summons, the prosecutor must request the issuance.
True.
True or False
When a corporation or an association has been served with a summons, they have until the Monday next after the expiration of 20 days after service of the summons to appear.
True.
True or False
Summonses may be mailed to defendants.
True.
True or False
Service of summons on a corporation must first be attempted on the registered agent for service.
True.
True or False
Defendants who fail to appear in response to a summons can be arrested on a capias. T
True.
True or False
Municipal judges can order the seizure of animals being cruelly treated.
True.
True or False
All municipal judges have the authority to issue a search warrant for the purpose of investigating a health and safety or nuisance abatement ordinance violation.
True.
True or False
Only municipal judges of municipal courts of record, after an ordinance is adopted by the city, may issue a seizure warrant for the purpose of securing, removing, or demolishing property that is a nuisance.
True.
True or False
Defendants must ask for a jury trial if they want one.
False. (The defendant has a right to jury trial and must affirmatively waive that right to proceed without a jury trial.)
True or False
All trials, including trials involving juveniles, are required to be open in municipal court.
True.
True or False
Since municipal courts cannot assess confinement in jail as a punishment, municipal courts are not required to provide speedy trials.
False.
True or False
Defendants have a right to be represented by an attorney in municipal court cases.
True.
True or False
Defendants have a constitutional right to represent themselves.
True.
True or False
A non-attorney parent may represent his or her child in court if the child is charged with a crime.
False.
True or False
Clerks have the authority to issue subpoenas.
True.
True or False
The municipal courts have specific authority to issue subpoenas for out-of-county witnesses.
False.
True or False
If a witness is younger than 18, the court may subpoena his or her parents to produce the witness in court.
True.
True or False
A subpoena duces tecum is a subpoena that orders the witness to bring other witnesses with him or her.
False.
True or False
If a peace officer serves a subpoena by mail, the subpoena can be mailed regular mail.
False.
True or False
A defendant can request in writing that a subpoena be served in person rather than by mail.
True.
True or False
All municipal courts are required to have a court reporter.
False.
True or False
Court reporters must take the oath of office required of other officers of the State of Texas.
True.
True or False
Court reporters are required to sign an oath administered by the district clerk.
True.
True or False
Court reporters may use a combination of transcribing equipment, video or audio recording equipment, and written notes to record court proceedings.
True.
True or False
If a court reporter uses a recording device, the recording must be kept for 20 days, beginning after the last day of proceeding, trial, denial of motion for new trial, or until any appeal is final, whichever occurs last.
True.
True or False
Before the court can schedule a pre-trial, the court must have a motion from either the prosecutor or the defense.
False.
True or False
Pre-trial is for the purpose of determining the merits of the case.
False.
True or False
Generally, pre-trial procedures help expedite the trial process
True.
True or False
Notice of a pre-trial hearing must be given to the defendant in person.
False.
True or False
The court may require all motions filed with the court before a pre-trial to be filed at least seven days prior to the date of the pre-trial hearing.
True.
True or False
Continuances by operation of law can be because a defendant has not been arrested.
True.
True or False
Continuance by agreement is by consent of both parties in open court.
True.
True or False
Clerks have the authority to grant a continuance and reset a case when a defendant calls the court.
False.
True or False
A request for a continuance for cause is required to be in writing.
True.
True or False
Only the defendant can request a continuance for a religious holy day.
False.
True or False
Defendants must waive their right to a jury trial in order to have a bench trial.
True.
True or False
Before the court summons prospective jurors, the judge must issue a writ of venire.
True.
True or False
A venire is a list of prospective jurors to be summoned for a particular term of court.
True.
True or False
State statutes require that municipal court jurors reside in the city in which the city is located.
True.
True or False
A person must be a registered voter before he or she can serve on a jury.
False.
True or False
A person who is enrolled in college can be required to sit on a jury if the trial is scheduled at a time when the person is not in class.
False.
True or False
To request a permanent exemption from jury service, a person must be at least 75 years of age.
True.
True or False
A clerk who receives a request for permanent exemption from jury service must deliver a copy of the exemption to the voter registrar of the county.
True.
True or False
A prospective juror may establish an exemption by filing a written statement of the ground of the exemption with the clerk.
True.
True or False
The clerk may never grant a postponement of jury service.
False.
True or False
A person who provides false information in a request for exemption is subject to contempt and can be fined up to $1,000.
True.
True or False
Since personal information on jurors collected by the court is confidential, it cannot be released for any reason.
False.
True or False
State law does not require municipal courts to pay their jurors.
True.
True or False
A person who fails to appear for jury service can be charged with the offense of failure to appear and assessed a $100 fine.
False.
True or False
Only the defense can ask for a jury shuffle since the statutes only allow one shuffle in a trial.
False.
True or False
If a challenge to the array of a jury is made, the clerk must reseat the jury in random order.
False.
True or False
If after voir dire there are not enough jurors, the trial must be rescheduled for another trial date.
False. (If there are an insufficient number of jurors left after challenges, the judge may have the proper officer summons more jurors. This is known as a “pick up” jury.)
True or False
Since clerks are court officers, they may converse with jurors after the case has been submitted to the jury for a decision.
False.
True or False
If a defendant wants a jury to decide punishment, the defendant must have elected before the trial for the jury to do so.
True.
True or False
Clerks should provide guidance about proper conduct and dress to court participants during the day of trial.
True.
True or False
A defendant who has been in custody and then failed to appear for trial, may be charged with the Penal Code offense of failure to appear.
True.
True or False
When a defendant who has a bond filed with the court fails to appear, the prosecutor can request the court forfeit the bond.
True.
True or False
If a defendant fails to appear for a jury trial, the court may assess the defendant the costs for impaneling a jury.
True.
True or False
Docket call is when the court determines if all the prospective jurors appeared.
False.
True or False
Municipal courts may close a trial to the public if it is in the best interest of the defendant.
False.
True or False
The court may, upon request of either the prosecution or the defense, exclude witnesses from hearing each other’s testimony.
True.
True or False
In a bench trial, the judge renders judgment.
True.
True or False
The jury’s decision is called a verdict.
True.
True or False
If a mistrial is declared, the case must be tried within two days.
False.
True or False
If a jury finds a defendant not guilty, the defendant is still liable for the costs of the trial.
False.
True or False
The judge may require defendants to pay the entire fine and costs when sentence is pronounced.
False.
True or False
Defendants convicted in non-record municipal courts must request a new trial within one day of the judgment.
False.
True or False
When a motion for a new trial is filed with the court, the judge has 10 days to decide whether to grant or deny the motion.
True.
True or False
If a defendant makes a motion for new trial by mail, the motion must be received by the court within 10 business days from the date of judgment to be properly filed
False.
True or False
If a new trial is granted, the court must try the case within 10 days of granting the motion.
False.
True or False
If a defendant in a municipal court of record wants a new trial, the defendant must submit a written motion to the court not later than 10 days after the judgment.
True.
True or False
Defendants in a municipal court of record may not file an amended motion for new trial.
False.
True or False
Direct contempt means that an act occurred in the judge’s presence.
True.
True or False
Indirect contempt is an act that occurs outside the court’s presence.
True.
True or False
If a person is charged with either indirect or direct contempt, the person is not entitled to a hearing.
False.
True or False
Civil contempt includes willfully disobeying a court order.
True.
True or False
Criminal contempt means that a person disrupted court proceedings or obstructed justice.
True.
True or False
If a peace officer fails to execute a summons, subpoena, or attachment, the officer may be punished by contempt.
True.
True or False
Failure to appear for jury duty includes three days in jail as a punishment.
False.
True or False
When a defendant is entitled to jail credit, the clerk should properly record jail credit.
True.
True or False
If a defendant discharges a fine and costs by jail credit, the city is liable for payment of the court costs to the State Comptroller.
False.
True or False
Only the judge may authorize defendants to pay fines and costs by credit card.
False.
True or False
Clerks are not allowed to collect payments through the internet unless the judge authorizes that method of payment.
False.
True or False
If payment is not honored by a credit card company, the municipality may collect a service charge from the defendant.
True.
True or False
Defendants may discharge a fine, but not the costs by community service.
False.
True or False
The court may require an indigent defendant to discharge a fine by community service.
True.
True or False
The court must credit the defendant with not less than $50 for every eight hours of community service performed.
False. (This was a true statement until September 1, 2017. The law now requires that no less than $100 is discharged per 8 hours of community service.)
True or False
A municipal judge may waive a fine and court costs for those determined to be indigent by law, but not for those that simply do not have sufficient resources to pay.
False. Current law expands waiver not only to the indigent, but also to those that do “not have sufficient income or resources to pay all or part of the fine or costs.” It is up to the judge to decide what sufficient income or resources means, but that could be an individual that is not necessarily indigent who the judge determines cannot pay.
Describe the judge’s authorization to waive fine or costs under state law.
The judge’s authorization to waive fine or costs is broad under current law. If the judge makes certain determinations, he or she could decide to waive any part of the fine or any cost depending on the judge’s determination of sufficient resources or indigency.
True or False
A capias pro fine is a written order of the court issued because a defendant failed to satisfy the judgment and sentence according to its terms.
True.
True or False
A complaint must allege the date of the offense on or about as definitely as the affiant can provide.
False. The capias pro fine does not automatically issue following the defendant’s failure to satisfy the judgment and sentence according to its terms. Article 45.046(a-2)/45A.261(a) of the Code of Criminal Procedure requires that notice be sent to the defendant and a hearing be held prior to issuance of the capias pro fine.
What is a peace officer authorized to do upon serving a capias pro fine?
A peace officer is authorized to bring the person before the court immediately or place the defendant in jail until the business day following the date of the defendant’s arrest if the defendant cannot be brought before the court immediately.
Where should the hearing prior to issuance of a capias pro fine be reported on the OCA Monthly Activity Report?
The capias pro fine hearing, called a show cause hearing by the OCA, is reported on Line 13 with show cause hearings held.
What documents are sufficient, and should be in the court’s file, to authorize confinement of a defendant following commitment proceedings under Article 45.046/45A.261 of the Code of Criminal Procedure?
Article 45.046(b)/45A.261(b) of the Code of Criminal Procedure provides that a certified copy of the judgment, sentence, and order is sufficient to authorize confinement following commitment proceedings
True or False
The process of execution is started by the city attorney.
True.
True or False
A writ of execution is a written order showing the debt of the defendant and commanding a peace officer to take property and sell it.
True.
True or False
Only the judge can issue the writ of execution.
False.
True or False
Only sheriffs and constables can serve a writ of execution
False.
True or False
An abstract of judgment requires the defendant/debtor to pay a municipal court judgment immediately.
False.
True or False
An abstract of judgment can be filed with the county clerk’s office claiming a judgment against a defendant.
True.
What two statements must appear in a communication to defendant regarding collections under a contract with a collections vendor?
The law requires that communications include notice of the person’s right to enter a plea or go to trial on the offense and a statement that if the person is unable to pay the full amount of the payment, the person should contact the court regarding alternatives to full payment.
True or False
The copy of the citation given to the defendant for a traffic offense by a peace officer must contain a statement of the person’s right to take a driving safety course.
True.
True or False
A driving safety course may be taken for any traffic offense.
False.
True or False
A person with a commercial driver’s license driving his or her personal vehicle is not eligible to take a driving safety course for a violation of a traffic offense.
True.
True or False
Offenses committed in a construction maintenance work zone when workers are present are not eligible for a driving safety course.
True.
True or False
Defendants who want to exercise their right to take a driving safety course must plead either guilty or nolo contendere.
True.
True or False
Defendants must have a Texas driver’s license and evidence of financial responsibility to be eligible to exercise their right to a driving safety course.
True.
True or False
When a judge grants a driving safety course under the permissive provisions, the judge may require a fine not to exceed the maximum possible fine for the particular offense.
True.
True or False
Defendants who are granted the right to take a driving safety course must take the course and submit evidence of completion within 120 days.
False.
True or False
If a defendant’s driving record submitted with the DSC completion certificate shows that the defendant was not eligible, the court must still dismiss the traffic charge if the defendant completed the driving safety course.
False.
True or False
If a defendant’s driving record shows the defendant was eligible and the defendant completed the driving safety course timely, but the defendant fails to file the required affidavit, the court may not dismiss the traffic charge.
True.
True or False
If a defendant fails to submit the required evidence of course completion, the court must conduct a show cause hearing.
True.
True or False
Courts must report the dismissal date of a driving safety course to DPS.
False.
True or False
A person who holds or held a commercial driver’s license at the time of the offense is generally not eligible for deferred disposition.
True.
True or False
A person who commits an offense in a construction and maintenance work zone when workers are present is eligible for deferred disposition.
False.
True or False
Defendants who agree to deferred disposition must either plead guilty or nolo contendere or be found guilty
True.
True or False
Before a judge can grant deferred disposition, the defendant is required to pay court costs.
False.
True or False
The maximum deferral period for deferred disposition is 180 days.
True.
True or False
When the judge grants deferred disposition to a defendant under 25 charged with a moving traffic violation, the judge must require as a term of the deferred a driving safety course.
True.
True or False
When a court grants a deferred disposition to a defendant with a provisional license charged with a moving traffic violation, the court must require the defendant to retake the driving test at DPS.
True.
True or False
If a defendant over the age of 25 fails to complete the terms of deferred disposition, the court may reduce the fine.
True.
True or False
If a traffic offense is dismissed under deferred disposition, the court is required to report the deferral to DPS.
False.
True or False
If an Alcoholic Beverage Code offense is deferred under deferred disposition, the court is required to report the deferral to DPS.
True.
True or False
Defendants charged with a city ordinance violation do not have a right to appeal.
False.
True or False
Most appeals from a municipal court are heard in the county court.
True.
True or False
If a defendant fails to present the appeal bond to the court within the required time, the court can refuse to send it to the county court
False.
True or False
If a county court refuses to take jurisdiction of a municipal court appeal, the defendant must pay the municipal court’s fine.
True.
True or False
When a defendant appeals a case from a municipal court of non-record, the defendant gets a new trial at the appellate court.
True.
True or False
The amount of the bond must be at least two times the amount of the fine and court costs.
True.
True or False
Defendants in non-record municipal courts can plead guilty and appeal a case.
True.
True or False
If a court receives through the mail a plea of nolo contendere and waiver of jury trial and a request for the amount of an appeal bond, the court can notify the defendant of the amount of the appeal bond by regular mail.
True.
True or False
A defendant who makes a plea by mail and wants to appeal his or her case must present the court with an appeal bond before the 31st day from the judgment.
True.
True or False
Defendants who appear in open court have 10 days from the time the judgment is entered to present the court with an appeal bond
True.
True or False
When counting the appeal time, the court counts the day the judgment is entered.
True.
True or False
If the last day of the appeal falls on a Saturday, Sunday, or a holiday, the court must give the defendant to the next working day of the court to file the appeal bond.
True.
True or False
If a defendant mails an appeal bond to the court, the court must receive the bond by the 10th day after judgment is entered.
False.
True or False
Municipal court clerks have a mandatory ministerial duty to send a case to the county court regardless of whether the appeal bond was timely filed.
True.
True or False
When there is a conviction on an appealed case from a court of non-record, the fine money is deposited into the county treasury for the use and benefit of the county.
True.
True or False
There is nothing to appeal when a defendant pays his or her fine because the judgment has been satisfied.
True.