From
Megan Mahan
Title
Ordinance Amending Chapter 10 "Municipal Court of Record," of the Code of Ordinances by the addition of Section 10-12, "Recording of Court Proceedings"
Presenter
Judge Bryan Arnold, Municipal Court Presiding Judge, and Megan Mahan, City Attorney
Recommended Action
Approve
Analysis
State law allows the Municipal Court to electronically record court proceedings provided that City Council approves of the process. We believe that this approval has been previously given by past City Councils; however, staff would like to codify this approval in the Municipal Court section of the City’s Code of Ordinances.
Financial Consideration
There may be some future cost in upgrading the court recording software, but that cost will be borne by the Municipal Court at a later date.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, AMENDING CHAPTER 10, “MUNICIPAL COURT OF RECORD,” OF THE CODE OF ORDINANCES BY THE ADDITION OF 10-12, “RECORDING OF COURT PROCEEDINGS”; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND TO BECOME EFFECTIVE UPON PASSAGE AND APPROVAL.
WHEREAS, Texas Government Code 30.00010 provides that the governing body of a municipality may authorize electronic recording of court proceedings in Municipal Court in lieu of a court reporter;
WHEREAS, it is the most efficient process and best fiscal policy to allow the Grand Prairie Municipal Court to electronically record their court proceedings; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 10-12 of the Code of Ordinances is hereby added with the following language:
Sec. 10-12. - Recording of Court Proceedings
(a) The Municipal Court of Grand Prairie shall comply with the recording procedures set forth in Chapter 30 of the Texas Government Code as follows:
(1) The municipality shall provide a court reporter to preserve a record in cases tried before a municipal court of record. The court reporter must meet the qualifications provided by law for official court reporters. The reporter shall be compensated as described in Subsection (a)(5) below.
(2) The court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of those methods to record the proceedings of the court. The reporter shall keep the record for the 20-day period beginning the day after the last day of the proceeding, trial, or denial of motion for new trial, or until any appeal is final, whichever occurs last.
(3) The court reporter is not required to record testimony in a case unless the judge or one of the parties requests a record.
(4) In lieu of providing a court reporter at a trial or hearing, proceedings in the Grand Prairie Municipal Court may be recorded by a good quality electronic recording device, which device shall include audio recording and may include video recording in combination with the audio. The recording shall be made by the Judge, or by the Municipal Court Director or his designee. The court reporter is not required to be present at a trial or hearing to certify the reporter's record. The recording shall be kept for the 20-day period beginning the day after the last day of the court proceeding, trial, or denial of motion for new trial, whichever occurs last. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter.
(5) The party appealing shall pay the reporter’s reasonable fee for any transcription of the recorded proceedings unless the Court finds, after a hearing in response to an affidavit filed by the appealing party, that the appealing party is unable to pay such fee.
SECTION 2. Savings Clause.
That Chapter 10, “Municipal Court of Record,” of the Code of Ordinances of the City of Grand Prairie, Texas shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 3. Severability Clause.
If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
SECTION 4. Cumulative Clause.
All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
SECTION 5. Effective Date.
This ordinance shall become effective from and after its passage as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, this the 1st day of May, 2018