JURISDICTION DEFINED...

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1 1 JURISDICTION DEFINED... Power and authority of a court to hear and determine a judicial proceeding Legal right by which Judges exercise their authority Jurisdictional limits Constitutional or statutory parameters based on subject matter or monetary value of action MUNICIPAL COURT JURISDICTION A municipal court, including a court of record, shall have exclusive original jurisdiction within the municipality s territorial limits and property owned by the municipality located in the municipality s extraterritorial jurisdiction in all criminal cases that arise under Ordinances of the municipality; Resolution, rule, or order of a joint board operating an airport under Section , Transportation Code (Joint Board. Public Agencies acting jointly for an airport); AND Punishable by a fine not to exceed $2, for municipal ordinance, resolution, rule or order involving fire safety, zoning, public health and sanitation; or $ in all other municipal ordinance, resolution, rule or orders

2 2 SUBJECT MATTER JURISDICTION Power to hear the type of case (nature of the cause of action) that is before it Limited Jurisdiction Limited to the type or dollar amount for which the court is authorized to enter judgment Power to try a murder indictment and subsequent judgment DWI Theft over $ would be void Municipal and JP courts lack subject matter jurisdiction SUBJECT MATTER JURISDICTION CONT D Transportation Code General fine range $1.00 up to $ Construction Zone range $2.00 up to $ Passing stopped school bus $ up to2, ( ) CMV Oversize/weight $ up to $2, ( , , ) Commercial Motor Vehicles Some fines can go up $5, SUBJECT MATTER JURISDICTION CONT D Auto Dealerships Some fines up to $10, Environmental Some fines up to $5, Ordinance some fines up to $ Up to $2, if ordinance governs fire safety, zoning, or public health and sanitation, including dumping of refuse [Local Govt. Code ]

3 3 TERRITORIAL JURISDICTION Within a particular geographical area Limited to cases arising or persons residing within a defined territory City County Judicial district NOTE: COMPLAINT LANGUAGE [Art CCP] (b) filed in justice court must allege in the county in which complaint is made (c) filed in municipal court must allege territorial limits of the municipality in which the complaint is made See State v. Blankenship, 170 S.W. 3 rd 676, 684 (Tex. App. Austin 2005) suggesting legislative revisions to address inconsistencies EXTRATERRITORIAL JURISDICTION Beyond the physical boundaries, but still amenable to the laws Property owned in extraterritorial limits. [Sec Govt Code] Nuisance ordinances when adopted under [Sec Local Govt Code[ Sign ordinance violations/regulations [Sec Govt. Code] EXCLUSIVE ORIGINAL JURISDICTION A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases that: 1) arise under ordinance of the municipality AND 2) are punishable by a fine not to exceed: a) $2, in all cases arising under municipal ordinances that govern fire, safety, zoning, or public health and sanitation, including dumping of refuse; OR b) $ in all other cases arising under municipal ordinance [Art. 4.14(a) CCP]

4 4 CONCURRENT JURISDICTION Municipal courts have concurrent jurisdiction with justice courts for criminal cases that arise 1) within the territorial limits OR on property owned by municipality in the city s ETJ AND are punishable by a fine only [Art CCP; Sec Govt Code] 2) on property owned by city in extraterritorial limits [Sec Govt Code] AND concurrent with justice court, county court, and county court at law to enforce violations of dealer s or manufacturer s vehicle license plates [Transp. Code (b)] CONCURRENT COURTS H.B. 984 amended Sec Govt Code and Art Code Crim. Proc. Authorizing two(2) contiguous municipalities (or with boundaries within ½ mile of each other) to enter into an agreement establishing concurrent jurisdiction 1) in all cases with original concurrent or appellate jurisdiction AND a) offenses related to seizure of cruelly treated animals OR b) failure to attend school KELLERVILLE (AKA KELLER AND COLLEYVILLE) October 1, 2012 Combined court is located in Colleyville Keller residents can either attend court in Colleyville or, when applicable, make payments online, by mail, or by telephone Note of interest: Colleyville and Keller (along with Southlake and Westlake) have successfully operated a combined regional dispatch and regional jail since Initial contract between Colleyville and Keller will be for six years, with options for two five year renewals.

5 5 APPELLATE JURISDICTION Municipal Court/Municipal Court of Record exclusive appellate jurisdiction within the municipality s territorial limits Ch. 707 Transp. Code (Photo Traffic Signal Enforcement) SPECIAL JURISDICTION Created by ordinance or contract Civil Jurisdiction 1) bond forfeitures 2) civil penalties for owners of dangerous dogs 3) parking and stopping vehicles ** Must establish an administrative adjudication hearing procedure ORDINANCE Municipal Court of Record [Sec (d) Govt. Code} the governing body may provide for CONCURRENT civil jurisdiction with county courts to enforce Nuisance abatement Junk vehicle provisions Chapters 54 & 214 Local Govt Code, and Ch. 683 Transp. Code

6 6 ORDINANCE CONT D Judges for these courts have writ power and authority to issue administrative search warrants. {Sec Govt. Code] 1) Writ of mandamus court order requiring a public official or corporation to act in a specific manner with the law 2) Writ of habeas corpus court order regarding the legality or circumstances of an individual s detention 3) Writ of attachment purpose is to enforce obedience to an order or judgment 4) Administrative Search Warrant Art CCP a) may issue to fire marshal, health officer, or code enforcement officer b) allowing inspection of any specified premise to determine the presence of a fire or health hazard or unsafe building condition or a violation of any fire, health, or building regulation, statute or ordinance

CODE OF CRIMINAL PROCEDURE TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 4. COURTS AND CRIMINAL JURISDICTION

CODE OF CRIMINAL PROCEDURE TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 4. COURTS AND CRIMINAL JURISDICTION Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The following courts have jurisdiction in criminal