The city council hereby establishes the Wilmer Municipal Court as a municipal court of record in order to provide a more efficient disposition of cases arising in the city, and in order to enforce the ordinances of the city more effectively. The Wilmer Municipal Court shall become a court of record from and after the effective date of the ordinance adopting this chapter, and shall be known as "The Municipal Court of Record in the City of Wilmer."
(Ordinance 2023-0504B adopted 5/4/2023)
The judge of the municipal court of record in the city shall be appointed by the city council by ordinance for a term of two (2) years. The municipal judge must be a licensed attorney in good standing in the state and must have two (2) or more years of experience in the practice of law in Texas. The judge must be a citizen of the United States and the State of Texas. The city council shall establish the salary of the judge, which shall not be based directly or indirectly on fines or costs collected by the court. Such salary may not be diminished during the term for which the judge is appointed.§ 1.
(Ordinance 2023-0504B adopted 5/4/2023)
(a) 
The city administrator shall appoint a clerk of the municipal court of record who shall perform duties in accordance with state law and city ordinance. During the proceedings of the court, the clerk and other court personnel shall serve at the direction of the municipal court judge. At all other times they shall serve at the direction and supervision of the city administrator who shall have the authority to remove the court clerk or other personnel according to the rules set forth in the city's personnel policies. The clerk of the municipal court of record shall keep the records of the municipal court of record and issue, process, and perform the duties described in section 30.00009 of the Texas Government Code.
(b) 
The city shall require the court clerk, before entering upon the duties of the office, to execute a good and sufficient surety company bond, in such amount as the city may demand, payable to the city and conditioned for the faithful performance of the duties of the office. The premium of such bond is to be paid by the city.
(Ordinance 2023-0504B adopted 5/4/2023)
If a vacancy occurs in the office of a municipal judge of a court of record, the city council shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term. The city council may appoint more than one qualified person as an associate judge to be available to serve for a municipal judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The municipal judge shall select one of the qualified persons appointed by the city council to serve during the absence of the municipal judge. The associate judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge. An associate judge must meet the qualifications prescribed for the municipal judge. The city council shall set the compensation for the associate judge.
(Ordinance 2023-0504B adopted 5/4/2023)
All monies received as court-imposed fines or penalties shall be paid into the general fund of the city treasury, unless otherwise required by state law.
(Ordinance 2023-0504B adopted 5/4/2023)
The municipal court of record is established pursuant to the authority granted in subchapter A, chapter 30, of the Government Code of the state, known as the Uniform Municipal Courts of Record Act, and the terms set forth therein are hereby adopted governing the operation of said court.
(Ordinance 2023-0504B adopted 5/4/2023)
The proceedings of trials in municipal court of record shall be recorded by a good quality electronic recording device and kept for a period of twenty-one (21) days after the last day of the court proceedings, trial, or denial of a motion for a new trial, whichever occurs last. If the case is appealed, the proceedings shall be transcribed from the recording by an official court reporter.
(Ordinance 2023-0504B adopted 5/4/2023)
The court clerk shall supervise the selection of persons for jury service in the municipal court of record.
(Ordinance 2023-0504B adopted 5/4/2023)
In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings, which the appellant must pay. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant.
(Ordinance 2023-0504B adopted 5/4/2023)
The city council does hereby establish a municipal court building security fund as provided by Senate Bill No. 349, 74th Legislature, Regular Session, 1995. The city administrator is hereby directed to establish an account to receive funds for this purpose. The funds received and deposited in the account shall be used only in accordance with the revised article 102.017 of the Texas Code of Criminal Procedure. These funds shall be at all times under the direction of the city council and shall be administered according to the direction of the city council.
(Ordinance 2023-0504B adopted 5/4/2023)
The city council does hereby establish a municipal court technology fund as provided by Senate Bill No. 601, 76th Legislature, Regular Session, 1999. The city administrator is hereby directed to establish an account to receive funds for this purpose. The funds received and deposited in the account shall be used only in accordance with the revised article 102.0172 of the Texas Code of Criminal Procedure. These funds shall be at all times under the direction of the city council and shall be administered according to the direction of the city council.
(Ordinance 2023-0504B adopted 5/4/2023)