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Municipal

Summaries

KP-0073
Ken Paxton

Truancy offenses, expunction orders' applicability to records of juvenile probation department

KP-0150
Ken Paxton

Convictions of juveniles by municipal courts for misdemeanor offense of possession of drug paraphernalia not reportable to Department of Public Safety|Municipal courts not required to report juvenile convictions for misdemeanor offense of possession of drug paraphernalia to Department of Public Safety|Department no required to accept municipal court convictions of juveniles for misdemeanor offense of possession of drug paraphernalia

GA-0067
Greg Abbott

Examining witnesses, municipal judge's authority if the state is not represented by counsel when the case is called for trial|Municipal judge does not have authority to examine witnesses if the state is not represented by counsel when the case is called for trial|Municipal court, county attorney has the right, but not the duty, to appear in municipal court

GA-0157
Greg Abbott

Racing on the highway by a person younger than 17 years of age is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision and is within the jurisdiction of a justice or municipal court|Violation of section 729.001 of Transportation Code is within jurisdiction of justice and municipal courts

GA-0161
Greg Abbott

Reschedule qualified, nonexempt prospective jurors without requiring them to appear in court, a municipal court may adopt a policy under which it may|Inherent authority of a court to adopt a policy under which it may reschedule qualified, nonexempt prospective jurors without requiring them to appear in court

GA-0166
Greg Abbott

Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilit

GA-0199
Greg Abbott

Municipal judges, authority to investigate possible misconduct of|City finance director, whether service as temporary municipal judge in same city violates Code of Judicial Conduct|City finance director not prohibited from serving as temporary municipal judge in same city by article XVI, section 40|City finance director not prohibited from serving as temporary municipal judge in same city by common-law incompatibility rules

GA-0316
Greg Abbott

Magistrate’s probable cause determination in a nonconsent tow hearing conducted in municipal court under chapter 685, Transportation Code is final and no appeal is authorized|Nonconsent tow hearings conducted pursuant to chapter 685, Transportation Code, are not criminal matters

GA-0348
Greg Abbott

Municipal judge, Constitution and common-law doctrine of incompatibility do not preclude county commissioner serving as|State Commission on Judicial Conduct, whether Canons of Judicial Conduct prohibit municipal judge from concurrent service as county commissioner is question for|Municipal judge, whether Canons of Judicial Conduct prohibit from concurrent service as county commissioner is a question for the State Commission on Judicial Conduct

GA-0417
Greg Abbott

Failure to attend school, court must dismiss referral filed by school district against a student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against a student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal without recourse to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal and authority to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).

GA-0422
Greg Abbott

Confidentiality of petit jury lists, clerk's duty to maintain|Confidentiality of grand jury lists, clerk's duty to maintain|Confidentiality of petit jury lists, judge's duty to maintain|Confidentiality of grand jury lists, judge's duty to maintain|Confidentiality of petit jury lists, judge's or clerk's duty to maintain|Confidentiality of grand jury lists, judge's or clerk's duty to maintain

GA-0660
Greg Abbott

Dangerous dog, a municipal court’s jurisdiction to adjudicate compliance hearings under Health and Safety Code section 822.042 and appeals from dangerous-dog determinations under section 822.421|Court of competent jurisdiction

GA-0761
Greg Abbott

Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle\r\n\r\nJurisdiction to award title or ownership of a vehicle in enforcing a lien under Government Code section 27.031|Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle\r\n\r\n|Authority of justice and municipal court to award title or ownership of motor vehicles|Order from a justice or municipal court, under section 501.074(a)(4) of the Transportation Code, the Department may accept and issue a new certificate of title based on an

GA-0841
Greg Abbott

Compensated, part-time, municipal judge, article XVI, section 40 of Texas Constitution prohibits a commissioner of a drainage district from simultaneously serving as a|Texas Constitution, article XVI, section 40, prohibits a compensated, part-time, municipal judge from simultaneously serving as a commissioner of a drainage district|Commissioner of a drainage district, article XVI, section 40 of Texas Constitution prohibits a compensated, part-time, municipal judge from simultaneously serving as a

DM-0082
Dan Morales

Theft cases involving issuance of bad check, municipal court has jurisdiction over when property or services involved is less than $20

DM-0313
Dan Morales

Arrestee taken into custody by city police officer for violation of state statute and committed to jail by magistrate, obligation of sheriff to accept|Commitment order for person accused of class A or B misdemeanor, authority of municipal judge to issue|Arrestee committed to jail by magistrate for violation of state statute, responsibility of county for cost of maintaining

DM-0372
Dan Morales

Teen court program, municipal court authority to impose administrative cost fee and other court costs|Court costs for teen court program, imposition does not contravene due process

DM-0427
Dan Morales

Alcoholic beverage offenses involving minors, jurisdiction|Alcoholic beverage offenses involving minors, justice and municipal court jurisdiction|Community service in rural areas as alternative to alcohol awareness course, imposition of criminal punishment in some venues that may not be imposed in others violates due process and equal protection guarantees|Offenses, constitutionality of community service in rural areas as alternative to alcohol awareness course|Possession, consumption, and purchase by minors, justice and municipal court jurisdiction

DM-0428
Dan Morales

Appointed municipal judge may hold second appointment if doing so is "of benefit to the state"|Public office for purposes of article XVI, section 40, municipal judges holds|Simultaneous judgeships in more than one jurisdiction, authority of person to hold|Municipal judge holds "public office" for purposes of article XVI, section 40|Multiple municipal judgeships, whether holding is "of benefit to the state" is matter for legislative resolution|Of benefit to the state

JC-0216
John Cornyn

Trustee of junior college not barred from simultaneously serving as municipal judge

JC-0277
John Cornyn

Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for client|Attorney acting as surety for a client in municipal court, judge must require evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure|Bail bonds, a municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure|Bail bonds, municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure

JM-1222
Jim Mattox

Municipal warrant officers, authority of general law city to appoint uniformed warrant officers authorized to serve process and serve as bailiff for municipal court of record|Warrant division of municipal court of record, authority of general law city to appoint uniformed warrant officers authorized to serve process and serve as bailiff

KP-0321
Ken Paxton

Construed within the context of chapter 23, articles 23.01 and 23.04 identify the court that may issue a capias, after commitment or the posting of bail.

KP-0385
Ken Paxton

Authority of district attorney to represent State in municipal court in litigation pertaining to Code of Criminal Procedure article 17.292 emergency protective order

KP-0462
Ken Paxton

Constitution and conflicting-loyalties incompatibility preclude a municipal judge from simultaneous serving as a constable.