|
TITLE
3
1. MUNICIPAL
COURT. 2. MUNICIPAL
JUDGE. 3. COURT
ADMINISTRATION. 4. WARRANTS
AND SUBPOENAS. 5. BONDS
AND APPEALS. SECTION 3‑101. Municipal
court
created; where and when to be held.
3‑101. Municipal court
created;
where and when to be held.
There is hereby created a municipal court for the Town of Eagleville.
The court shall be held at the town hall or at such other place within
the town as the municipal judge may from time to time designate.
The court shall be in session no less than one day per month at such
hours as may be determined by the municipal judge and may be in session more
frequently at such hours and at such places within the town as may be determined
by the city council. Court date is
initially set for the first Tuesday of each month at 7 o’clock p.m. and
thereafter any change in the schedule of hour, date, or place of session shall
be published in a newspaper of general circulation within the Town at least
seven (7) days prior to the change in the date, hour, or place before becoming
effective. SECTION 3‑201. Office
of municipal judge established. 3‑202. Qualifications
of judge. 3‑203. Normal
term of office for judge. 3‑204. Oath
of office for judge. 3‑205. Bonding
of the municipal judge or other court officers. 3‑206. Compensation
of judge. 3‑207. Judicial
jurisdiction of municipal judge. 3‑208. Powers
of judge. 3‑209. Judge
pro‑tempore.
3‑201.
Office
of municipal judge established.
There is hereby established the office of municipal judge which shall be
filled by a resolution of appointment by the city
council of the Town of Eagleville.
3‑202.
Qualifications
of judge.
Any person appointed to the office of municipal judge shall be a licensed
attorney entitled to practiced in the Courts of the State of Tennessee at time
of appointment. Suspension or
revocation of the person's license to practice law shall constitute an automatic
termination of that person's appointment to office pursuant to this section and
a vacancy in the office shall forthwith exist to be filled by appropriate
appointment by the city council.
3‑203. Normal
term
of office for judge.
The normal term of office for the municipal judge shall be for four years
but his term shall be at the pleasure of the city council and the municipal
judge shall continue to serve until his successor has been appointed and sworn
in. Vacancies in the office created
hereby shall be filled by the city council.
3‑204.
Oath
of office for judge.
Any person appointed to the office of municipal judge shall, prior to
entering upon the duties of the office, take the following oath.
"I ,
solemnly swear to perform and discharge the duties and obligations of Municipal
Judge of the Town of Eagleville, and to enforce the ordinances of the Town of
Eagleville and the laws of the State of Tennessee without fear or favor, so help
me God."
3‑205.
Bonding
of the municipal judge or other court officers.
Any person appointed to the office of municipal judge or any person
handling money of the municipal court shall be bonded in an amount of at least
$5,000.00 prior to entering upon the duties of such office and the cost
of the bond or bonds shall be paid by the town.
3‑206.
Compensation
of judge.
The city council shall
prescribe by ordinance the compensation to be paid the municipal judge. All fees derived by the town court shall be paid into the
treasury of the town and are not to be considered a part of the compensation of
the municipal judge.
3‑207.
Judicial
jurisdiction of municipal judge.
The municipal judge shall have jurisdiction in and over all cases for the
violation of and all cases arising under the laws and ordinances of the town.
In addition, the municipal judge shall be vested with concurrent
jurisdiction and authority with courts of general sessions of the county, as set
forth in Tennessee Code Annotated, title 40, in all cases of the
violation of the criminal laws of the State of Tennessee within the limits of
the municipality.
3‑208.
Powers
of judge.
The municipal judge is vested with the judicial powers and functions of
the recorder as set forth in Tennessee Code Annotated § 6‑2‑403,
and of the mayor as set forth in Tennessee Code Annotated § 6‑1‑406(7),
and shall be subject to the provisions of law and the charter of the town
governing the municipal court. The
municipal judge may impose fines, costs, and forfeitures, and punish by fine for
violation of town ordinances; preserve and enforce order in his court; enforce
the collection of all fines, costs, and forfeitures imposed by him, and, in
default of the payment or security given for the payment of any such fines,
costs, or forfeitures imposed by him, he may commit the offender or impose labor
until the fines, costs or forfeitures are fully paid, at the rate of a day's
imprisonment or labor for each five dollars ($5.00) of the fine.
No imprisonment or labor shall exceed ten (10) days for any one (1)
offense, and no fine shall exceed fifty dollars ($50.00).
Fines may be paid in installments in such manner as set by the municipal
judge.
3‑209.
Judge
pro‑tempore.
The city council shall appoint a judge pro‑tempore to act in the
absence or disability of the municipal judge.
CHAPTER
3 SECTION 3‑301. Municipal
judge's docket. 3‑302. Court
clerk. 3‑303. Service
of court process. 3‑304. Trial
and disposition of cases. 3‑305. Imposition
and disposition of fines, payment and non‑payment. 3‑306. Court
costs. 3‑307. Contempt
of court. 3‑308. Disposition
of weapons found on persons arrested. 3‑309. Disposition
of abandoned and confiscated property.
3‑301. Municipal judge's
docket.
The municipal judge shall keep or cause to be kept a complete court
docket or dockets embodying complete detailed records of all cases handled by
him. The docket shall include for
each defendant such information as his name; warrant and/or summons numbers;
alleged offense; disposition; fines, penalties, and costs imposed and whether
collected; whether committed; and all other information which may be relevant.
The docket shall also include the information required by Tennessee
Code Annotated § 55‑10‑306 for all violations of traffic
charges.
3‑302. Court clerk.
The town recorder shall serve as the Municipal Court Clerk, but at the
pleasure of the city council who shall be entitled to appoint any person it
deems qualified to the post.
3‑303.
Service
of court process.
The codes enforcement officer, any police officer of the town, the court
clerk and any other person authorized by state statutes or by town ordinance,
are each hereby appointed and designated as officers of the municipal court for
the purpose of serving any process, documents, notices, warrant, writs,
citations, and other official instruments of and from the municipal court.
3‑304.
Trial
and disposition of cases.
Every person charged with violating a town ordinance or state criminal
law within the town shall be entitled to an immediate trial and disposition of
his case, provided the
municipal court is in session or the
municipal judge is reasonably available. However,
the provisions of this section shall not apply when the alleged offender, by
reason of drunkenness or other incapacity, is not in a proper condition or is
not able to appear in court.
3‑305.
Imposition
and disposition of fines, payment and non‑payment.
All fines, penalties and costs shall be imposed and recorded by the
municipal judge on the town court docket in open court.
All fines imposed by the municipal judge for violations of town
ordinances shall belong to and be paid into the treasury of the town; and any
labor performed in the execution of a sentence for such violation or violations
shall be performed for the town under the direction of a court officer.
All payments shall be in accordance with Tennessee Code Annotated,
§ 40‑24‑101 through 40‑24‑105.
3‑306.
Court
costs.
There is hereby established fixed court costs for all cases brought
before the municipal court and such costs are hereby set out and shall be
recorded in the docket book of the judge. The
municipal judge in all cases heard or determined by him for offenses against the
corporate laws and ordinances shall tax in the bill of costs the same amounts
and for the same items allowed in courts of general sessions for similar work in
state cases. He shall certify to
the chief of police for collection, all fines, costs, and forfeitures imposed by
him for offenses against the laws and ordinances of the town.
Costs in favor of any person paid a fixed salary by the town shall belong
to the town and be paid into its treasury. The town judge shall collect and receipt for all fines
imposed by him and he shall render a bi‑annual report to the city council
of all costs and fines collected and of all assessed and uncollected. It shall be unlawful for any other person or officer to
collect or receipt for said fines, costs, and recoveries, but the municipal
judge may authorize the chief of police to collect and receipt for fines and
costs.
3‑307.
Contempt
of court.
The power of the municipal judge to inflict punishment for contempt of
court shall extend to the following: The
willful misbehavior of any person in the presence of the court, or so near
thereto as to obstruct the administration of justice; the willful misbehavior of
any of the officers of the court, in their official transactions; the willful
disobedience or resistance of any officer of the court and party, witness, or
any other person, to any lawful writ, process, order, rule, decree, or command
of said court; abuse of, or unlawful interference with, the process or
proceedings of the court; any other act or omission declared a contempt by law.
The municipal judge's power to punish for contempt of court is limited to
the general penalty clause of this municipal code of ordinances for each
offense.
3‑308. Disposition of weapons found on persons
arrested. All weapons as defined in
§ 11‑603 of the town code which may be found upon any person
arrested or within his possession, shall be seized and turned over to the
municipal judge and released to the chief of police and retained by and
forfeited to the town, and shall be disposed of in accordance with Tennessee
Code Annotated, § 39‑17‑1317.
3‑309. Disposition of abandoned and confiscated
property. The municipal judge may
order the chief of police to seize and take possession of all stolen or
abandoned personal property, together with all personal property which the
municipal judge shall order confiscated as the fruits of a crime or used in the
commission of such crime. The
police department may also take similar possession for a reasonable time until
the municipal judge can be contacted. CHAPTER
4 SECTION 3‑401. Issuance
of arrest warrants. 3‑402. Issuance
of subpoenas.
3‑401.
Issuance
of arrest warrants.[1]
The municipal judge may issue warrants for the arrest of persons charged
with violating town ordinances or state criminal laws within the town.
Only one (1) warrant shall be issued for the same offense, the warrant to
embrace all the parties charged with the same offense.
No arrest shall be made except upon a warrant duly issued, unless the
offense is committed in the presence of the officer making the arrest, or unless
in a case of felony. The affidavit
upon which the warrant is issued shall especially state the offense charged.
3‑402. Issuance of
subpoenas. The
judge may subpoena as witnesses all persons whose testimony he believes will be
relevant and material to matters coming before his court, and it shall be
unlawful for any person lawfully served with such a subpoena to fail or neglect
to comply therewith. CHAPTER
5 SECTION 3‑501. Appearance
bonds authorized. 3‑502. Appeals
from municipal court. 3‑503. Deposit
of C.D.L. or operator's license in lieu of bond.
3‑501.
Appearance
bonds authorized.
When the municipal judge is not available or when an alleged offender
requests and has reasonable grounds for a delay in the trial of his case, he may
be allowed to post an appearance bond with the municipal judge or, in the
absence of the judge, with the ranking police officer on duty at the time,
provided such alleged offender is not drunk or otherwise in need of protective
custody. Whenever any person is
arrested for the violation of any town ordinance in the presence of a police
officer and no warrant has been issued or served, he may execute an appearance
bond in an amount not exceeding Five Hundred dollars ($500.00), and file the
same with a town official, or he may, in lieu of the execution of an appearance
bond, deposit a sum not exceeding One
Hundred Fifty dollars ($150.00), with a town official and be given a receipt for
it, and on the appearance of the person before the municipal court at the time
specified in the receipt the deposit shall be returned to him.
On the failure of the person to appear at the time specified, the amount
so deposited shall be forfeited to the municipality and he shall not be entitled
to the return of any part thereof and it shall not be necessary to issue a scire
facias; provided, however, that within two (2) days of the imposition of the
forfeiture the municipal judge may set aside the conditional judgment imposing
the forfeiture when it appears that the failure of the accused to appear and
defend his suit was due to no fault or negligence of the accused.
After the expiration of the two (2) days, there may be a final judgment
imposing a forfeiture.
3‑502.
Appeals
from municipal court.
Any person dissatisfied with the judgment of the municipal judge in any
case or cases heard and determined by the municipal judge, may, within ten (10)
entire days thereafter, Saturdays, Sundays and government recognized holidays
exclusive, appeal to the next circuit court of the county, upon giving bond with
good and sufficient security as approved by the municipal judge for his
appearance or the faithful prosecution of the appeal.[2]
In prosecutions for the violations of the town ordinances the bond shall
not exceed Two Hundred Fifty dollars ($ 250.00).
The appeal shall not act as a stay or supersedeas of the imprisonment of
any defendant who fails to pay a fine imposed, unless the defendant executes an
appeal bond with solvent, qualified surety in double the amount of fine imposed,
and conditioned to appear and prosecute his appeal and pay any fine and costs
adjudged against him upon the appeal. Appeals
from the judgment of the municipal court for violation of the criminal laws of
the State of Tennessee shall be pursuant to the provisions of Rule 5 of the
Tennessee Rules of Criminal Procedure.
3‑503.
Deposit
of C.D.L. or operator's license in lieu of bond.
Pursuant to Tennessee Code Annotated, §§ 55‑50‑801,
et seq., whenever any person lawfully possessed of a C.D.L. or
operator's license theretofore issued to him by the Department of Safety, State
of Tennessee, is issued a citation or arrested and charged with the violation of
any town ordinance regulating traffic except one which requires mandatory
revocation of the license, said person shall have the option of depositing his
C.D.L. or operator's license with the officer or court demanding bail in lieu of
any other security required for his appearance in the town court in answer to
any such charge before the court. All
town officers and employees shall comply fully with the requirements of Tennessee
Code Annotated, §§ 55‑50‑801 through
55‑50‑805, and any implementing orders of the Department of Safety,
State of Tennessee. |
|
Back to City of Eagleville Home Page