FINANCIAL MANAGEMENT & COURT ADMINISTRATION

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1 FINANCIAL MANAGEMENT & COURT ADMINISTRATION

2 FINANCIAL MANAGEMENT & COURT ADMINISTRATION Table of Contents Payment Receipt Officer Mileage Log Fraudulent Lien Sign Fraudulent Lien Sign - Spanish Rule 12 Letter Order of Recusal or Disqualification Order of Referral Upon Motion for Recusal or Disqualification Bill of Costs

3 PAYMENT RECEIPT CAUSE or CITATION NUMBER(S): STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS Date: Your (partial) (full) payment of $ for the above mentioned Cause or Citations Number(s) has been received. (The remaining balance due is $.) (municipal court seal) (Judge) (Clerk), Municipal Court City of, County, Texas FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/13 TMCEC 2013 FORMS BOOK 251

4 OFFICER MILEAGE LOG (Art (b), C.C.P.) Article (b), Code of Criminal Procedure, provides: A defendant required to pay fees [as court costs for services of a peace officer] shall also pay 29 cents per mile for mileage required of an officer to perform a service listed in this subsection and to return from performing that service. If the service provided is the execution of a writ and the writ is directed to two or more persons or the officer executes more than one writ in a case, the defendant is required to pay only mileage actually and necessarily traveled. In calculating mileage, the officer must use the railroad or the most practical route by private conveyance. The defendant shall also pay all necessary and reasonable expenses for meals and lodging incurred by the officer in the performance of [these] services, to the extent such expenses meet the requirements of Section , Government Code. This subsection applies to: (1) Conveying a prisoner after conviction to the county jail; (2) Conveying a prisoner arrested on a warrant or capias issued in another county to the court or jail of the county; and (3) Traveling to execute criminal process, to summon or attach a witness, and to execute process not otherwise described by Article NAMES TIME MILEAGE Year Month Day Hour Min..m. Dollars Cents Peace Officer's Signature Editor s Note: This chart can be used for the officer to record mileage for service of a warrant, capias, capias pro fine, summons, parental summons, subpoena, juror summons, or other process not specifically named. FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/13 TMCEC 2013 FORMS BOOK 252

5 FRAUDULENT LIEN SIGN (Sec , G.C.) It is a crime to intentionally or knowingly file a fraudulent court record or fraudulent instrument with the Clerk. FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/13 TMCEC 2013 FORMS BOOK 253

6 FRAUDULENT LIEN SIGN (Spanish) (Sec , G.C.) Es un delito grave registrar intencionalmente o a sabiendas un documento o un instrumento fraudulento con el actuario del tribunal. FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/13 TMCEC 2013 FORMS BOOK 254

7 RULE 12 LETTER Date: Name: Address: City, State, Zip Code: Re: Response to Request for Public Access to Judicial Records Dear, I am in receipt of your request to inspect judicial records dated. This letter was received by the City of Municipal Court on. It is my understanding that you are making a request for judicial records pursuant to Rule 12 of the Texas Rules of Judicial Administration. In your letter, you requested: Your request seeks records that are not subject to Rule 12 and, by definition, are not judicial records. Rule 12 expressly states: Judicial record means a record made or maintained by or for a court or judicial agency in its regular course of business but not pertaining to its adjudicative function, regardless of whether that function relates to a specific case. A record of any nature created, produced, or filed in connection with any matter that is or has been before a court is not a judicial record. Pursuant to Rule 12.9, Texas Rules of Judicial Administration, you have the right to appeal my decision. If you wish to do so, please direct your timely appeal to: Administrative Director Office of Court Administration P.O. Box Austin, TX Although it is my determination that the Public Access to Judicial Records (Rule 12) does not apply to the records you requested, you may have a right to inspect the records under the common law right of the public to inspect court records. However, there are some exceptions. If you wish to make a request under the common law right, you may contact the Court to set a time for the inspection. The Clerk responsible for processing these requests is (name) and can be contacted at (address and telephone number). Sincerely, Judge, Municipal Court City of FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/13 TMCEC 2013 FORMS BOOK 255

8 ORDER OF RECUSAL OR DISQUALIFICATION (Sec (b), G.C.) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS ORDER OF (RECUSAL)(DISQUALIFICATION) Comes now, Judge of the Municipal Court, and finds that (on the court s own motion) (on motion of the Defendant) (on motion of the State) that: Disqualification is appropriate in this cause for the reason that: OR I am related to a party by affinity or consanguinity within the third degree, as determined under Chapter 573, Government Code. I served as counsel in this case. I have an interest in the outcome of this case or am an injured party in this case. Recusal is appropriate in this cause based on the following ground(s):. It is hereby ORDERED: If the judge is not the presiding judge of the Municipal Court: Pursuant to Section (b)(1)(A), Government Code, I request the Honorable, Presiding Judge of the Municipal Court of, to assign another judge to hear this cause. OR If the judge is the presiding judge of the Municipal Court or if the judge is the only municipal judge in the municipality: Pursuant to Section (b)(1)(B)-(C), Government Code, I request the Honorable, Presiding Judge of the Administrative Judicial Region, to assign another judge to hear this cause. SIGNED this day of, 20. Judge, Municipal Court City of Editor s Note: The grounds for recusal are stated in the Texas Rule of Civil Procedure 18b. FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/13 TMCEC 2013 FORMS BOOK 256

9 ORDER OF REFERRAL UPON MOTION FOR RECUSAL OR DISQUALIFICATION (Sec (c), G.C.) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS ORDER OF REFERRAL TO HEAR MOTION FOR (RECUSAL) (DISQUALIFICATION) Pursuant to Section (c), Government Code, the undersigned Judge hereby refers the attached Motion to Recuse or Disqualify filed in the above-numbered cause to the Honorable, Presiding Judge of the Administrative Judicial Region, for assignment of a judge to hear the motion under Section , Government Code. SIGNED this day of, 20. Judge, Municipal Court City of Editor s Note: The judge shall forward to the Regional Presiding Judge either the original or certified copy of this Order of Referral, the verified Motion to Recuse/Disqualify filed under Section , G.C., and any statements filed either opposing or concurring with the motion under Section , G.C. FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/13 TMCEC 2013 FORMS BOOK 257

10 BILL OF COSTS (Art , C.C.P.) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS BILL OF COSTS Court Cost Description Amount Court Cost Description Amount Consolidated Fee $40.00 Jury Fee (Section , L.G.C.) (Art , C.C.P.) 3.00 Traffic Fund 3.00 Time Payment Fee (Section , T.C.) (Section , L.G.C.) Child Safety Fund Defensive Driving Fee (Art , C.C.P.) (Art (f)(1), C.C.P.) State Traffic Fee Warrant Fee (Section , T.C.) (Art , C.C.P.) State Juror Reimbursement Fee 4.00 Special Expense Fee Up to amount of fine (Art , C.C.P.) (Art , C.C.P.) Indigent Defense Fee (Section , L.G.C.) Judicial Support Fee (Section , L.G.C.) Moving Violation Fee (Art , C.C.P.) Juvenile Case Manager Fee (Art , C.C.P.) Municipal Court Building Security Fee (Art , C.C.P.) Municipal Court Technology Fee (Art , C.C.P.) 2.00 Special Expense Fee: Execution of a warrant for Failure to Appear or Violate Promise to Appear (Art (c), C.C.P) 6.00 Restitution Fee (Art , C.C.P.).10 Traffic Law Failure to Appear (OmniBase) (Chapter 706, T.C.) 5.00 Traffic Law Failure to Appear (Scofflaw) (Section (e-1), T.C.) 3.00 Teen Court Administration Cost (Art (e), C.C.P.) 5.00 Teen Court Duty Cost (Art (g), C.C.P.) Total $ (municipal court seal) (Judge) (Clerk), Municipal Court City of, County, Texas Date FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/13 TMCEC 2013 FORMS BOOK 258

Fees & Fines. Ad Hoc Judicial Nominating Committee Oct. 18, 2016

Fees & Fines. Ad Hoc Judicial Nominating Committee Oct. 18, 2016 Fees & Fines Ad Hoc Judicial Nominating Committee Oct. 18, 2016 Briefing Purpose Understand the structure of Municipal Court s Fees & Fines, and how Dallas may improve in the consistency of how they are