From
Cathy DiMaggio
Title
Resolution recognizing the importance of the Municipal Court, the rule of law, and the fair and impartial administration of justice
Presenter
Judge Bryan Arnold
Recommended Action
Approve
Analysis
In light of increased media focus on indigence issues, Texas Municipal Courts Education Center (TMCEC) believes now is the time for cities across the Lone Star State to reflect and rededicate themselves to the fundamental ideals which make up the proper foundation of local courts in Texas. The resolution recognizes the important work of municipal courts and the people who work in the courts. It embraces the principle of judicial independence. It succinctly states the proper relationship between city council and the municipal court. It makes clear that in Texas, the procedures of municipal court operation are determined by state law, not the city council. Lastly, it is an opportunity for the city council to demonstrate their recognition of procedural safeguards for all defendants, including indigent defendants, and to show support of the municipal court in independently applying all laws in a way that promotes public confidence in the integrity and impartiality of the judiciary. TMCEC encourages all cities to adopt the attached model resolution in recognition of Municipal Court Week 2016. All cities that adopt the resolution and notify TMCEC of its adoption will be recognized by TMCEC in a future edition of The Recorder and the names of all cities adopting the model resolution will be shared with the Office of Court Administration. TMCEC strongly encourages all cities in Texas to participate in and celebrate Municipal Court Week 2016.
Financial Consideration
N/A
Body
RESOLUTION RECOGNIZING THE IMPORTANCE OF MUNICIPAL COURTS, THE RULE OF LAW, AND THE FAIR AND IMPORTIAL ADMINISTRATION OF JUSTICE
WHEREAS, municipal courts play a significant role in preserving public safety and promoting quality of life in Texas;
WHEREAS, more people come in contact with municipal courts than all other Texas courts combined and public impression of the Texas judicial system is largely dependent upon the public’s experience in municipal court;
WHEREAS, in 1948, the Grand Prairie City Charter created the Grand Prairie Municipal Court, and in 1995, the Municipal Court of Record was established;
WHEREAS, state law authorizes a municipality to either appoint or elect a municipal judge for a term of office, the Grand Prairie Municipal Court is a state court and its judges are members of the state judiciary;
WHEREAS, the procedures for the Grand Prairie Municipal Court operations are set forth in the Texas Code of Criminal Procedure and other laws of the State of Texas;
WHEREAS, the City of Grand Prairie is committed to the concept that our legal system is based on the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us and that judges and court personnel should comply with the law and act in a manner that promotes public confidence in the integrity and impartiality of the judiciary;
WHEREAS, Grand Prairie Municipal Judges are not policy makers for the City of Grand Prairie but are bound by the law and the Canons of Judicial Conduct and are required to make decisions independent of the governing body of the City Council, city officials, and employees;
WHEREAS, the City Council recognizes that the Constitution and laws of the State of Texas contain procedural safeguards in criminal cases for all defendants, including indigent defendants, and supports the Grand Prairie Municipal Court in complying with such legal requirements.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT THE WEEK OF NOVEMBER 7 - 11, 2016 IS HEREBY RECOGNIZED AS MUNICIPAL COURT WEEK IN RECOGNITION OF THE FAIR AND IMPARTIAL JUSTICE OFFERED TO OUR CITIZENS BY THE MUNICIPAL COURT OF GRAND PRAIRIE.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, OCTOBER 11, 2016.