City Council, September 25, 2012

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1 Municipal Court Fine/Fee Review City Council, September 25, 2012

2 Courts of Texas Two types of Courts in Texas: Constitutional Justice of the Peace Statutory Municipal Court

3 Bifurcated Court System Supreme Court Court of Appeals District/County Courts Justice of the Peace Court of Criminal Appeals Court of Appeals County Level Courts Justice of the Peace/Municipal Courts

4 Jurisdiction of Municipal Court Copperas Cove Municipal Court is a limited jurisdiction Court with the authority to preside over cases provided by statutory law (e.g., Art.414. CCP, Section , of the Texas Government Code).

5 Class C Misdemeanors Traffic Offenses Max Fine: $200 State law & City Ord. Max Fine: $500 (Mostly) Fire Safety, Health, Max Fine: $2,000 Zoning, & Sanitation

6 Mission Statement It is the mission of the Copperas Cove Municipal Court to interpret and adjudicate applicable laws and to support the local community by providing efficient and effective services through the promotion of justice, while serving the citizens of Copperas Cove in an accountable manner.

7 CITY OF COPPERAS COVE, TEXAS Municipal Court Mayor and City Council Municipal Judge (contract) Assoc. Municipal Judge (contract) City Manager Budget Department Municipal Court Administrator City Prosecutor (contract) Assistant Administrator of Municipal Court (Unfunded) Court Clerk (5) Bailiff (0.5) 7.5 Full Time Employees 2 Contract Positions 1 City Prosecutor (Law Firm of Denton, Navarro, Rocha, & Bernal) The City Built for Family Living

8 Court Schedule Adult and Juvenile Arraignments Every Tuesday Preliminary Hearings 1 st & 3 rd Wednesday Teen Court 2 nd Wednesday Bench hti Trials, Jury Ti Trials, Abatements, t As Needed d Contempt Hearings, & Appeals

9 Court Process at a Glance Receive Citation Or Summons 10 Days to Report to Court Enter Plea Plea: Guilty or Nolo Contendre Pay, DSC, PP Plea: Not Guilty See Next Page Pay Ticket on-line Fail to Appear Late Notice Warrant Issued

10 Court Process continued Not Guilt Plea Plea: Not Guilty Prelim Hearing with City Attorney City Attorney Offer Accepted Judge Approves Judge Disapproves Clerk Processes the Case Non- Compliant City Attorney Offer Rejected Set for Pre-trial Bench Trial Or Jury Trial Warrant Issued

11 Common Citation (Speeding) Speeding > 10% Above Posted Speed Limit, 53 mph in a 40 mph zone CCC04 (Consolidated Court Cost) $ % State TFC (Traffic Fund) $ % General Fund AR (Arrest Fee) $ % General Fund STF (State Traffic Fee) $ % State SJRF (State Jury Fee) $ % State JFCT2 (Judicial Fee-County) $ % State JFCI (Judicial Fee-City) $60 $.60 15% City MCBS (Municipal Court Building-Security) $3.00 Security Fund CTF (Court Technology Fund) $4.00 Technology Fund IDF (Indigent Defense Fund) $ % State CJFS (Civil justice Fee-State) $.09 90% State CJFC (Civil Justice Fee Court) $.01 10% City DSC (Driving Safety Course) $ % General Fund TOTAL: $107.10

12 Breakdown SPEEDING CITATION Total Ticket: $ State t Amount: $75.39 (70.4%) City Amount: $31.71 (29.6%)

13 Common Citation (Speeding) On line Pay Speeding > 10% Above Posted Speed Limit, 42 mph in a 30 mph zone FINE (Fine) $ % General Fund CCC04 (Consolidated Court Cost) $ % State TFC (Traffic Fund) $ % General Fund AR (Arrest Fee) $ % General Fund STF (State Traffic Fee) $ % State SJRF (State Jury Fee) $ % State JFCT2 (Judicial Fee County) $ % State JFCI (Judicial Fee City) $.60 15% City MCBS (Municipal Court Building Security) $3.00 Security Fund CTF (Court Technology Fund) $4.00 Technology Fund IDF (Indigent Defense Fund) $ % State CJFS (Civil Justice Fee-State) $.09 90% State CJFC (Civil Justice Fee-Court) $.01 10% City TOTAL: $154.00

14 Breakdown Speeding citation online Total Ticket: $ State t Amount: $75.39 (49%) City Amount: $78.61 (51%)

15 State Criminal Costs and Fees Release funds to the State four (4) times a year 1 st Quarter (January-March) $114, nd Quarter (April-June) $95, rd Quarter (July-September) 4 th Quarter (October-December)

16 Fine/Fee comparison Copperas Cove Nacogdoches Belton Georgetown Round Rock Harker Heights

17 Averages Comparison of 353 Fines Copperas Cove is overall 32.9% below the average of Fines 27% above the average 20% average or no comparison available 53% below the average

18 Comparisons CC NA BE GT RR HH Allow Carrion, Filth or Other Impure Matter $200 $96 $214 $51 $50 Allow Weeds, to Accumulate or Grow $100 $111 $162 $51 $426 $50 Animal-No Rabies Vaccination $75 $196 $165 $98 $76 $50 Assault by Contact $125 $211 $300 $148 $421 $200

19 Comparisons CC NA BE GT RR HH Assault by Threat $100 $186 $197 $148 $421 $200 Burning Trash in $200 $96 $228 $98 $1,501 Cutting Across Property $75 $82.90 $49.90 $95 $102 $40 Display Fictional License Plates $150 $136 $129 $184 $136 $100

20 Comparisons CC NA BE GT RR HH Disregard Peace Officer $150 $102 $129 $70 $127 $100 Domestic Pet at Large $25 $86 $60 $98 $76 $60 Drove Wrong Way on One Way Road $150 $102 $129 $70 $127 $100 Drove Center Lane not Turning Left $60 $87.90 $49.90 $95 $102 $35

21 Comparisons CC NA BE GT RR HH Drove W/O Lights When Required $75 $87.90 $49.90 $95 $102 $40 Fail to Identify $200 $161 $129 $148 $221 $155 Improper Passing $120 $87.90 $83.90 $95 $102 $70 Parked Double $50 $107 $5 $35 $30 $40

22 Comparisons CC NA BE GT RR HH Soliciting W/O a Permit $150 $100 $113 $200 $326 $500 Tobacco Sale to a Minor $300 $136 $228 $198 $321 $250 Violate Driver s Restriction $70 $85.90 $57.90 $98 $109 $45

23 The End Questions?

Robert Splawn, Presiding Judge Municipal Court City of Canyon Randall County, Texas JUDGES S STANDING ORDER NO. 6 DEFERRED DISPOSITION

Robert Splawn, Presiding Judge Municipal Court City of Canyon Randall County, Texas JUDGES S STANDING ORDER NO. 6 DEFERRED DISPOSITION IT IS ORDERED that the Clerk may process requests for Deferred Disposition