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JP and municipal court clerks is where you get this nonsense

See, generally you only have to do this to a JP or municipal court clerk one time

So even if it is a municipal court

Because it was clear that the legislature understood the difference between a district attorney, county attorney or municipal court attorney

Well the states obviously have some authority because there's state courts, there's state police, there's municipal police

Mine is still in municipal court, but I refused to show up on the last,

Yeah, the reason I liked your comment about what you were doing to the judges is our municipal court judge here

And I went before this municipal judge and he thought he was a judge, but he wasn't.

And he said, well, Mr. Curtin, I'm the municipal judge and I can't take this.

You're not the municipal judge at this point.

If it's a municipality, yeah.

or the county attorney has to prosecute in municipal court.

a municipality is civilly prone to civil suit.

and the municipality, it's not municipal policy, so you can't sue them.

you have a municipal policy of silence to try to get you in trouble.

And that is a tort for which the municipality can be now sued.

somehow missed the distinction between municipal, county, district.

statutes or county ordinance somehow not I mean this Austin municipal code

municipal he's saying county well it's the I'm assuming since it's at the JP

ordinance in a municipality Randy are you need to look at are the who isn't who

area yes outside of an annexed municipality yes that's exactly what it

magistrate or from the municipal judge or whoever made this decision I just

municipal or justice of the Peace Court they fall under a special statute a

the rules court however 27.004 government code restricts a municipal

request JP or municipal court okay listen Randy Mike and Jim please guys

Outside city limits, this has nothing to do with the municipal prosecutor or the district judge or any,

municipal courts.

But most of the municipal courts now are courts of record.

But I'm not in a municipal court.

In-lease law, that's municipal.

Not a municipal judge in a class C misdemeanor case.

What I don't have one is for the municipal and justice of the police court.

He's not dealing with the municipal.

Municipal and JP are essentially the same.

Because he's not in the annex municipality of any...

Municipal judges and justice judges fall under Chapter 45.

Municipal.

You know, she adjudicates cases, and she's also a municipal or a justice of the peace

this deals with jurisdiction that's outside of Annex Municipality.

to do with any municipality, and this is not district.

If this municipal judge or JP has a bar card, a bar grievance is a kick in the groin.

Municipal jail?

that municipalities can

The municipalities then

against him in the municipal court,

municipal court under

And that's when the municipal code has a code that actually states that it's a right for public vehicle to travel.

But don't tell this municipal judge that.

I don't have time to train all the prosecutors and the municipal judges.

I had a relative's DUI case dismissed in a municipal court and now we want to go back

My question is, would we file municipal court or would we need to go to county court to

of the municipal court.

a lot of times especially in municipal courts

the city municipal judge was judge john ruth

and will appear at the city of austin municipal court

it just says i promise to appear in main or municipal court

two-bit municipal judge i doubt that he was learning counsel and he had no idea that i turned him into a magistrate

in the case of a municipal court

yeah JP and municipal both under chapter 45

of police and the municipal court judge against whom Robert had filed criminal charges and

uh... because it's a state oath it's not a county or municipal

is this a municipal court

but he's a municipal judge or a justice

jurisdiction though revert back to municipal court

I wrote all of this up in municipal court and the judge basically

You're a municipal cop.

See, the whole thing is now the state, this is the DPS, and I don't know that municipalities

And the municipal courts

again. He got in with me to protect some too big municipal judge or JP. Oh, wait a minute.

to protect that municipal judge. As soon as you walk out, he's going to be on the phone

And they don't do that either. These municipal judges have no clue what they're supposed to do.

I said, sergeant, tell me he didn't give it to the municipal attorney for the municipal

or municipal court would work. I don't know if you'd have to file an appeal bond because

If you, if you live within the boundaries of the municipality, they have in persona.

I mean, okay, the judge is a judge. Okay. So, say the municipal judge goes to Kansas

Courts of record, municipal courts of record

Non-court of record in a municipality

Some municipality

It's a municipal court, just a traffic court

And she said you can't get that in a municipal court in Alabama

So we don't have to deal with these municipal judges

Of the court system in general whether it be criminal, civil, municipal, commercial

This isn't municipal. This isn't state. This is under the county.

The biggest problem I've seen in Texas is with municipal courts and speedy ordinances

since they didn't provide a, this is a municipal court of record?

Goes to municipal court. The city prosecutor has no anti-bribery statement, no oath of office.

Finally came back and said that he didn't have authority to rule that the municipal court never had original jurisdiction because they had a defective complaint.

Which I brought that up to the judge in municipal court, too, and he ignored that, too.

different municipalities.

Municipal governments

Filtering down through municipal courts

Now you're saying local code enforcement, municipal code enforcement

Well, municipal is included in that

The municipalities have had a lot of these ordinances within the municipality

It's called the mark of the beast and it filters down through the state legislatures, state governors, state court systems, municipal court systems

If you want to see mistakes made by jury selection, go down to your local J.T. court or municipal court

and make examples out of these municipalities who want to take it to this level

so that other municipalities will be like, I don't think I want to go there.

or mayors in any of these municipalities

like for the city municipal funds?

will act as a major deterrent to other municipalities.

He's not like municipal judges who also tend to be chumps.

Where the hell does municipal court get involved?

The court does not mention municipal court or JP court anywhere.

If you're... No, we've got the statute says that a municipal judge

that a justice of the peace or municipal judge cannot hold an arraignment.

Have you filed civil action against the municipality for harassment?

or it might be a municipal judge or a justice of the peace

Reason being, the magistrate may not be an attorney, may be a mayor or a justice of the peace or municipal judge who doesn't necessarily have to be an attorney to hold those positions.

But generally, if a municipality or a county or a state has sovereign immunity

municipal landfills are just not designed to handle these kind of products with those

file a tort letter within six months with these municipalities.

Well, the last actual real question I got is can a municipal court judge require a person of the general public

No, in municipal court, you can be appointed.

That's the only place the municipal court specifically states a city attorney.

Because from what I'm reading, the city attorney can prosecute a criminal act only against a city ordinance in municipal court.

Well, see Article 45.201 is where it deals strictly with municipal prosecutions.

And it says all prosecutions in the municipal court shall be conducted by the city attorney of the municipality or by deputy city attorney.

There's nothing here that allows them to hire anyone other than the city or deputy city attorney to do a municipal prosecution.

Except it also says the county attorney of the county in which the municipality is situated may, if the county attorney so desires, also represent the state in such prosecution.

But our county attorney refuses to do it because he doesn't get paid for those types of cases in municipal court.

a substance, this is quote, a substitute Austin municipal judge declined to sign a search

Same at the municipal court level.

stamp that says, Court Clerk, Municipal Court, and on for ten days.

well, are you the court clerk, and she said, well, I'm the municipal judge, and the court

Ed was, Eddie was bringing that up that it appears that municipal prosecutors can only

prosecute violations of municipal ordinance and not state law, that the elected county

then we can go and start kicking those municipal judges.

and since we don't have courts of record in the municipal and JP courts here,

That goes to what we were talking about on the other issue of the city attorney doing the prosecuting in a municipal court.

you remember a while ago when we were talking about the abolition of the municipality?

additional municipal sales and use tax means only the additional tax authorized

Municipality includes any incorporated city, town, or village.

Item A, the holder of an indebtedness against a municipality to which Section 62.161 applies

with jurisdiction in the county in which the municipality is located.

Now, Item B, the municipality may be served with process in the suit by serving the citation

or the treasurer of the municipality at the time of the municipality's abolition.

is used strictly to collect indebtedness monies from a failed municipality.

The term collection of debt, because it is specifically defined under municipal code,

If a municipality or de facto municipality that has indebtedness outstanding is abolished,

or ceases to operate and exercise municipal function,

the municipality's officers at the time the municipality is dissolved or ceases to function

For the purpose of settling the debts of the municipality,

the former municipal officers may levy and collect a tax on the residents of the municipality

in the same manner as the municipality could have done.

and an action for debt is a municipality.

falls under organizations of municipal government.

But this only refers to municipalities.

Because, I mean, just knowing from experience with some of the strategies that Randy and I use here at the county level, municipal level and state level of filing charges with the grand juries here is enough to shake these guys loose and get some results.

but they can't enforce state and municipal.

I'm curious, what court was it? District, circuit or municipal?

can commence in the justice and municipal court on the citation alone.

The municipal court and see if your name shows up

About municipal courts

May not prosecute in a municipal court case

A municipal or justice court to call

Nor does the common law provide support for a municipal

meaning county, municipality, so on and so forth,

Are you guys talking about a county government or a municipality?

No, this is a municipality, this is a city council

But then again, this is a minor municipality

So they might, since it's not Austin, it's out there in a smaller municipality

Right. And there are some things on the Code of Criminal Procedure that I would like to give you one time and talk about, but it's worth touching on. And that is how the municipal courts especially are bad about this.

The rules of evidence apply in these municipal court cases.

That appeal goes from the administrative hearing panel straight to a municipal court.

Now, I don't know if anyone is familiar with this here in Texas, but a municipal court in Texas does not have civil jurisdiction.

a jurisdiction of municipal court, 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.

Now, if you go a little further on, the municipal court shall have concurrent jurisdiction with the justice of a precinct in which the municipality is located in all criminal cases arising under state law.

But that is the only type of cases that a municipal court can hear.

So, by sending you on appeal to a municipal court, they've blown their entire case completely out of the water.

The first question I've got is, is the court you're appearing in a municipal court of

I mean I've come up with some very creative ways to go after the municipal judge and the police officers here

I mean, it's very advantageous to be able to own a piece of property in an area that is not within the boundaries of an annexed municipality

because then you don't have to deal with a local municipal government.

So the Austin PD went and got you from the FBI's office and brought you back to the municipal

Then we get to kick the judge in his pants and especially these municipal court judges. When we start filing countersuits against the judge himself and the trick about bringing the judge into court, the trick to avoid summary judgment is not in what you can prove out.

That may be because it's under municipal ordinance instead of traffic code.

we've got a municipality up here part of St. Louis County

it's just a municipality of St. Louis

so I would suggest to you to look at the ordinances the city ordinances the municipal ordinances and the state laws

I know in a JP court or a municipal.

municipal court. Okay. I guess no pun intended here, but C-A-M-A-R-A, the municipal court

inspectors or municipal inspectors, in the article the person mentioned that fire inspectors

I think I found a Supreme Court case that specifically states municipal officers have no law enforcement authority.

Well, in California, a municipal officer, let's see, he can enforce state, county, and municipal within the municipality.

He can't enforce municipal or county.

The California Constitution says that it infringes on the sovereignty of the municipality.

But it says he can enforce, that the municipal police can enforce municipal code and state law.

It's the characterization of an officer who can't do this one thing if he's over this one line in a municipality,

before you can come before the municipal judge and get one

where a municipal inspector came in with a SWAT team

And even though it's in a municipality, it is still private property

Look up the case, camera, C-A-M-A-R-A-V, municipal court

of a municipal statute or ordinance that is a civil violation for violating these red

light cameras and essentially they limit the appeal to the municipal court and they do

this by putting in the law in the code specifically that the municipal court has exclusive appellate

Okay, you were saying about the municipal being charged under municipal and the civil

it's a municipal ordinance and it's civil, Aaron was telling me that it still falls under

it authorizes the creation of a municipal ordinance.

You've got a Texas set of statutes authorizing it, and then you've got a municipal ordinance

in the municipalities would be declared invalid because there's no longer an authority to

Basically, here in College Station, the municipal ordinance is practically word for word an

That would be one thing that I would be able to appeal it out of a municipal court on.

Okay, but if I can have a judgment against me by the municipal court, then I do have

A municipal court can be a non-attorney.

If the municipal court, having exclusive appellate jurisdiction, rules in violation of constitution,

how would you get or say this statute is totally unconstitutional, but the municipal courts

states local authority means a county, municipality, or other local entity authorized to enact

Yeah, state or municipality, any governmental agency maintains it.

municipal court to the clerk and I told her I said what you want is you want a

municipal court doesn't get their paperwork to the circuit court within 14

called his case and said well the municipal attorney is not here so we'll

dismissed he goes back in there and they had found the municipal attorney and he

And the municipal police that assisted them, knowing full well that the Comptroller was not in possession of a warrant or a court order

And the municipal attorney is not included.

The municipal attorney, and this is Eddie's find, a municipal attorney has no authority to enforce the state law.

You don't agree to go to some municipal court judge or to go to any judge.

Yeah. Well, just remember that also that even if you lose at the municipal court level, it's not over. Demand your trial de novo.

That's a court of record. That judge there is way more likely to have to obey the law because everything he's doing is recorded. The municipal is not.

local municipalities were left up to their own devices, I think that what you're saying

We're inside the state and this is a local municipality law enforcement business.

I'm talking about. Now you weren't a local municipal police, alright?

Yeah, is it a municipal court that you're appearing in?

Oh, and a municipal court or JP court

In the California Constitution, the county is forbidden to enforce municipal ordinance

because they maintain it constitutes a conflict of interest, it invades the sovereignty of the municipality.

A county sheriff's deputy is forbidden to enforce a municipal ordinance.

So you have a sheriff's deputy who, when he's acting as a sheriff's deputy, it's forbidden to enforce municipal ordinance.

And then he's leased to the municipality.

And most of them don't know that they can't enforce municipal ordinance anyway.

So if you have sheriff's deputies who are farmed out to a local city or municipality,

if you can accuse the deputies of enforcing municipal ordinance while they're acting as county sheriff's deputies,

But the condition of the municipal courts and JP courts at this point

I want you to be able to take this information from this traffic seminar and go beat every municipal judge and cop to death with it.

the presumption would have to be what the state says has to trickle down through the individual county and municipality tax codes.

We can appeal a parking ticket beyond the municipal court.

He's worked in several different positions, both county and municipal.

constable that authority. The local, the municipality has to designate someone to enforce the animal

control statutes. And they didn't designate, either someone designated by the municipality

not in an annexed municipality, are you, Randy? No, I'm in Travis County, but the thing is,

health and safety code under rabies control. Oh, no misunderstanding. The municipal and

adjudicate, a justice of the peace adjudicated. A municipal justice of the peace? No, no,

no. You don't have, you have a justice of the peace in municipal judges. This is a JP.

that allows a municipality or a county to adopt as a minimum standard for rabies control

No, but they are in the municipality of the county.

The first question is, are ordinances of the county or any municipality just by default not on the criminal side of law?

For one thing, in most municipalities, the city council does not specify a list of requirements

In a JP or municipal court, you can demand trial de novo, and they must move it to county

And since the municipal court is right across the street from the county and district courts,

very close to the municipal court.

Here's what your municipal court judge just did in direct violation of Texas law.

and then you also have city laws and city ordinances that prevent material, hazard material from entering into water municipalities.

The administrative hearings filed an appeal with the municipal court and college station

And in the process that amendment ended up indicating that the no municipal authority

moving through any municipality would be to outfit a wireless transceiver on every red light camera

inconceivable that a municipal court can be the court of appeal. Because municipal courts are not

This is good. This is me for a bar grievance. If he's a municipal attorney, he's also practicing

all right, he can only prosecute in the municipal court if it's a violation of state law.

municipal. Well, the issue that I was bringing to the, at that point, the county attorney,

representing the state. A municipal attorney does not have the power or authority to submit

that a municipal attorney has no power to prosecute. State offenses in municipal court. Traffic

Well, when I go to traffic court, a municipal attorney stands in the capacity of an attorney

These municipal judges down on the bottom, they get extremely arrogant because they're

jurisdiction of the offense who is in the municipality or county in which the offense

citation there's not any there's not an exemption there's not a special exemption yeah there is in the municipal court it says that they can mail it to the last known address they can be sent out by mail now I argue that point as well because I argue that the process has to be hand delivered according to the actual code of criminal procedure

a set of facts sufficient to to give a reasonable person cause to believe that the crime has been committed and it must also specify the territory and or municipality boundaries in which it occurred established venue and it must be verified hey listen listen Mike Hussein Holloway from

The only time the district attorney can act in a municipal court is when a county doesn't have a county attorney

Well, but all process issue, now in the JP courts, the rule that applies to them is the municipal courts

All process issuing at a municipal court shall be served or shall be served when directed by the court,

by a peace officer or marshal of the municipality within which it is situated under the same rules as are provided by law

that sidewalk was considered public property, if it was city municipal property, they can't

Exactly, and let me ask another question, what in the heck is the municipal police department

Okay, or if this was a federal agent and then they later got the municipal police involved

Okay and so they're hanging the local police, the municipal police, the civil police out to dry

They just did the right thing in the Houston Municipal Court.

be it the municipality or the county, if they're assets of the county, they could certainly be leaned.

And he warns me that this guy is really bad news. Well, so you're saying that the municipal police from Cherokee County plan on going to Roanoke County outside their jurisdiction to arrest you on a warrant for which you've already turned yourself in for and for which you've already had an examining trial?

Hey, Randy, with my case, I'm going to be suing this municipality in about two months.

Now, remember, Randy, this is a municipality, too,

Monell, when a policy adopted by the city or the municipality is in violation of law, they have no immunity.

And then when you go to the clerk and ask for a list of all true bills and no bills, if you don't find this municipal judge listed in a true bill or a no bill, then you go to the postal inspectors and sick them on the judge.

If it's the municipal judge, then it's going to be the city.

Most municipal courts now in Texas have made themselves courts of record.

little bit more aggressive with these municipal judges.

I actually had a municipal attorney complain that he didn't know what bona fides were.

The warrant that is issued by the municipal court judge here in Nacogdoches, the warrant

And you don't initially, you don't get to go to a municipal court.

Well, the only thing is, though, Randy, you couldn't file that in a municipal court.

So we get another municipal judge or a JP judge in there, and he's looking at the same thing happening to him.

If we were under the law of the land, you could walk into a municipal court

what the 543-006 says. Not appear before the municipal judge, but before a magistrate.

you had to promise to take yourself to the magistrate. When you go to the municipal court

of Court. And it's interesting to note for folks out there that the justice or municipal

See most like police, municipal police and stuff, they don't have personal bonds that

What you do is you've got these yokels down here at the municipal level doing a song and dance.

We have the actual hearing the case from the municipality.

If there's law requiring all public servants to have bonds, even if they're municipal, then you can have them removed from office.

doesn't because it's not a municipality I have to apply to corporations because

on again call the sheriff or call the local municipality I've got this crazy woman with

Okay. Okay. Before I file it in that municipal, in the Plano Municipal Court. Yes. What you

Find a criminal complaint with the local municipal judge.

Criminal complaint with the local municipal judge.

Which is within the municipalities, particularly the police

the right guy to show you how to do that if you happen to wind up in in the municipal

that criminal complaint at Twano municipal court the ones that my novice mind thought

Yeah, see, and Rules of Court and then I think it's Chapter 45 that covers JP and municipal courts.

The municipal judge will be on file with the city office or the mayor's office or the manager's office.

Is the Williamson County Municipal Court, is this Georgetown?

it for a criminal offense or a civil offense. Was this in a municipality? Okay, so it wasn't

a city municipal ordinance. He could probably use this same citation for a county civil

Municipality would be the mayor

In order to be able to sue a, generally a municipality or a county

Therefore, that goes to a challenge of jurisdiction of a municipal court to hear any type of traffic

jurisdiction by a municipal court because in Texas, municipal courts have zero civil

So if the municipality is enforcing these when they don't have subject matter jurisdiction,

I got a city municipal violation on my house and they're wanting to move it over to the

You have a municipality here who sends out its code enforcement officer to write citations

You guys ought to look up the American Federation of State, County, and Municipal Workers.

See, if it's a municipal code, it should be city versus me.

in Texas that a municipality has no power to adjudicate in the name of state.

The municipal courts say that a city attorney can prosecute any crime in a municipal court.

...that requires if a co-enforcement officer, even if the municipality has an ordinance

There's certainly no municipal judge that will want anything to do with you,

It's called Palmer vs. Municipal Court 387 U.S. 523, 1967, the Supreme Court Rule, a

This is the case in the U.S. Supreme Court, it's Kamara, C-A-M-A-R-A, 1st Municipal

of such and such municipality or the state or the county?

It's not uncommon for municipalities to pass ordinances that mimic the traffic code.

And Eddie, we were talking earlier about a municipal prosecutor not having authority

or other place or upon any part of a highway outside of a municipality or upon any state

roads, connecting links or extensions thereof within a municipality, the Department of Transportation

And both of them have gone from municipal to the county level.

they did not show any proof that any state or municipal ordinance was violated, okay?

They can't show that there were any fire or safety codes or any municipal building codes

be maintained without proof that a state statute or municipal ordinance was violated.

In any case, they, the municipal court has sold the alleged warrants, which supposedly

because they try to disguise themselves as municipal this, municipal that,

So they get into municipal contracts and state contracts.

no seat belt from municipal court in Marble Falls to county court in Burnet.

If it's a municipality, if it's a county, send the court commissioners a tort letter.

Now, this right here is telling us up front that the actual law enforcement activities are left to the municipalities and to the sheriff department, not to the Department of Public Safety

and also how that authority is to be delegated to municipal police officers and county sheriffs and

All right. Sub-Item 4. Municipal police officers from any of the following Texas

within the municipality a motor vehicle subject to Texas Transportation Code Chapter 644.

So, there you go. It tells you right there that municipal police officers may only stop,

644. But wait, there's more. A municipality with a population of 50,000 or more is one of the types

of municipalities that can stop a motor vehicle subject to Chapter 644. A municipality with a

or more, a municipality any part of which is located in a county bordering the United Mexican

States, a municipality with a population of less than 25,000, any part of which is located in a

airport or international port, sorry, a municipality with a population of 60,000 or more,

counties with a combined population of 1 million or more, or a municipality with a population of

I did? A municipality with a population of less than 5,000 that is located adjacent to a bay

Houston, Dallas, Austin that would even begin to qualify for their municipal officers to even

peace officer from an authorized municipality or county may prohibit the further operation of a

vehicle on a highway or at a port of entry within the municipality or county if the vehicle or

municipalities and counties specified in subsection A of this section before being certified to

by certain peace officers. Certain peace officers from an authorized municipality or county may be

trained and certified to enforce the federal safety regulations provided the municipality or

county meets certain sets of criteria here. The municipality or the county, one, executes

there we have a written admission that the counties and the municipalities are aware of their

understanding. So that means that a municipality using their police force to extract fines from

interesting one today. You know, we're talking about how a municipality has sovereignty and does

versus Roach, 165 Federal Third, 137 Second Circuit, 1999. A municipality is subject to liability for

in cities, municipalities know Monell. Monell holds the city responsible if the act of the employee

Exactly. I'm willing to bet there is not a single municipal or county sheriff that has these certification requirements.

Yeah. Here in Nacogdoches County, we have a total population in the entire county of 59,000, which is way below the required 2.2 million for the sheriff and way below the required 1.1 million for the municipality.

than of the authority of the actual court they have appealing the case, which is the municipal courts here in Texas.

And the municipal court in Texas has zero civil jurisdiction. Their jurisdiction is limited to criminal only

As a matter of fact, the municipal court is not even defined within the Constitution.

is a municipal prosecutor.

a municipal court can only hear a case of a certain type.

in a municipal court but absolutely nowhere is he addressed as an attorney for the state

it dumped out of the JP or the municipal court immediately.

That was one of the motions, one of the standard motions is if it's a municipal court, most

of the municipal courts now are courts of record and one of the motions I wanted to

In Texas, an appeal from a JP or municipal court over a traffic offense is a trial de

there was nothing in there allowing municipalities to enforce the traffic code.

Only specific officers, and only if the municipality had a specific type of population located

The county courts are generally just as corrupt as the municipal.

municipal court, and the county judge doesn't want to spend any time on them because they

Oh, is he like a municipal attorney?

It won't take me. If he's a municipal attorney, about three in his history.

I can file this in the municipal court?

lost signal last week and seatbelt case, lost at municipal, it's gone to county, 27th of

And so basically they created this separate municipal government for the District of Columbia.

if they can do this in a municipal location, that they could do the same thing at the courthouse.

If the airport is a municipal property and doesn't belong to anybody to private interest,

At the airport, if it belongs to the municipality, I have a contract with the airline, but I

don't have one with the municipality.

And I think Dr. Wieth's point was that a municipal airport is a municipal airport,

They're still a state highway or a municipal highway,

and the airport is still a municipal airport.

with the municipal, the state, and the federal adhesion contracts?

in one particular municipality were very upset about TSA wearing some kind of bogus looking badges

I thought that they were municipal buildings,

Austin Municipal Airport or whatever.

I thought this was a municipal airport.

Well, if they're municipalities, municipalities are supported by taxpayers, by bonds.

The airlines do own the airplane, but this happened at a municipal airport that's paid for by taxpayers' dollars.

county municipalities, our state government, the federal government. So it's not just the

No, there's special purpose violations to keep the local police and local municipalities from abusing the law.

This was in Austin City, Municipal Court.

is what you will also know as the trial de novo. This is where they send you from municipal or JP

or municipal court to forward transcripts of the trial to the next court. If they don't have these

court out there that's a municipal court or a JP court that's had this one thrown at them.

and Appeals from Justice and Corporation Courts. Now dig that. It doesn't say municipal court. It

And before I left, they had me sign summons saying that I had to come to the Temple, Texas Municipal Court today.

Now today, when I showed up to the municipal court in the city of Temple, the clerks informed me that the court was closed today.

But anyways, I showed up today at the municipal county court of the city of Temple, Texas today, right before 9 o'clock,

OK, it says in the municipal court of the city of Temple in Bell County, Texas, state of Texas versus Galvin Matthew, a.k.a.

Defending or this court finds that the defendant Galvin Matthew has been properly identified and should be released from custody from Bell County jail without bond to appear at the Temple Municipal Court for arraignment.

The defendant is ordered to appear at the Temple Municipal Court at 300 West Avenue B Temple, Texas, at 9 a.m. on 11 day of September 2009.

And then it has a photocopied signature of a municipal court judge, which I cannot read, dated 9-5-09.

And my friend says he's actually used it in the municipal court and it made the case go away.

Often in a municipal or JP court, when you raise a hard question, it's easier to just let it go away.

which is another issue to bring about but the the different municipalities and counties and

municipal court and courts of record eddie you want to jump in uh yeah i was going back and

reviewing chapter 45 uh dealing with the municipal courts and how they want to have their own set of

which is what you get in a municipal or jp court if they find you guilty and you appeal it

court how conducted in all appeals to a county court from justice courts and municipal courts

other than municipal courts of record the trial shall be de novo in the trial in the county court

court from a municipal court of record may be based only on errors reflected in the record

now let's talk about that section real quick it distinguishes between a municipal court and a

municipal court of record a trial de novo from a municipal court of no record and a trial de

there's the courts especially the municipal court they want you to think that trial de novo means

means it starts all over only for the purpose of perfecting appeal if it's out of a municipal

effect if it's out of a municipal court of record then it's not trial de novo

if you're in a court of record even if it's municipal and most of them are

is the only record of what's going on in the municipal court of record they should have a

from a municipal court of record because a record is generated a transcript exists and it is only if

especially the municipal courts but if you filed them then when the municipal court sends the

time of the seminar is a relatively standard old lawsuit against the municipality for mishandling

issue about the jurisdiction of the municipal court and you can find that jurisdiction under

jurisdiction granted to a municipal court okay that is section b where the municipal court has

concurrent jurisdiction with the justice court of a precinct in which the municipality is located

upon state law now if it's civil as far as within the actual municipality uh the thing is is that if

municipal courts of record and municipal courts of non-record because it's not a court of record

and notice as i said it does not eliminate that requirement for either type of municipal court

right municipal court had jurisdiction over defendant's criminal action even though an

article 2.05 which requires information did not discuss municipal courts and texas code of criminal

procedure article 45.001 provided that municipal court proceedings were to be commenced by

courts and municipal courts as chapters intended to provide intended and shall be construed to

before a justice of municipal court and a meaningful opportunity for that person to be heard

free Wi-Fi solutions to municipalities and private sector retail location.

and this law that we're trying to come in under is the municipal home rule law that is a state delegation to the city.

by Section 3711 of the municipal home rule law.

And this law that we're trying to come in under is the municipal home rule law

as required by Section 3711 of the municipal home rule law.

Anyways, just want to let you know, I went down to the municipal court two weeks ago with someone on a traffic ticket

This was in Houston, municipal court, and we basically went down to file that motion that I sent to you and Eddie

The concern is, is you have a municipality on the other side that is looking at creating a tremendous amount of revenue in the form of an unauthorized tax.

Yeah, I would love to be there when the municipal court judge opens that.

And basically we've had the discussion before where we've got the municipal court or the J.P.

Yeah. Well, I hope I have something of benefit because Title 45 seems to just addresses specifically justice courts and municipal courts.

And the courts have held that it also applies to municipal courts.

And this is an issue that he's brought up about where did municipal courts come from?

For that matter, where did municipal police departments come from?

But now the argument he's bringing up on the municipal police forces, this is also something that I got to researching when I was doing the traffic seminar material.

Nowhere is there any mention of a municipal police force that is to be termed or engaged in law enforcement.

Eddie, as far as the municipal police, is that not, do the municipalities not have authority to bring their own police force into existence under their charter with the state?

Therefore, the municipal police also fall under that same umbrella.

So given that, you know, this makes it more and more clear that the term rent a cop for a municipal policeman is a lot more accurate than most people ever believe.

If the state government has no authority to create anything other than a county sheriff, not a state anything, but a county sheriff, then how can they grant authority to a municipality to create something the state itself has no lawful authority to do?

These are municipal courts.

not from this point forward, because it's clear to the cities, to the municipalities,

So if you've been harmed by the red light cameras, you sue the municipality for the

harm to you and all others similarly situated, then here's the problem the municipality has.

If the municipality has collected fines or fees in violation of the due course of laws,

conniving municipality has collected from all the innocent citizens.

like a municipal police force,

The municipal police force don't fall under a squat.

Yeah, but the municipalities, the city charter, they create...

Unless it's one of those things where it leaves those powers up to the municipality,

No, they're simply municipal rent-a-cops.

The more the activism applies pressure on local governments, municipalities,

No, it's some municipal code, which, as far as I'm concerned, has no bearing on me.

It's a little small municipality here in Texas.

Then bullet point to on September 2nd, excuse me, on the second day of September 2009, I was issued by Officer so-and-so a notice to appear before the municipal court of such-and-such city at this address

So the place specified in the notice to appear must be before magistrate having jurisdiction of the offense who is in the municipality

There is no part of Chapter 45 that allows a municipal court to proceed on complaint alone, does not exist.

In fact, the Texas Supreme Court has ruled in only one instance, and that's a JP court, can they move forward on complaint alone, but not a municipal court.

It's a little tiny municipality in St. Louis, probably just a few hundred people.

And the case law says that, yes, these municipalities have passed these laws, but they are not enforceable, period.

Went to municipal court

In all appeals to a county court from justice courts and municipal courts

Other than municipal courts of record

An appeal to the county court from the municipal court of record may be based only on errors reflected in the record

Article 1517, subsection B makes it very specific that the municipal or JP court loses jurisdiction the moment you're brought into the court on the warrant

that basically a municipality doesn't have the authority to enforce the state laws on,

or upon any part of a highway outside of a municipality or upon any state roads, connecting links, blah, blah, blah.

But what I really want to go after is the judge and the police officer and the municipal attorney.

The municipal court is run on the money that it collects and fines.

It's just a small municipality out of St. Louis.

I really enjoyed the method that he put forth about going after the municipal, the city attorneys

in the municipal tickets and also original petitions in the state district court for

whether it be sheriff, constable, or municipality, that their authority is extremely limited.

And the municipal courts, the higher courts are not going to pay them much mind.

So our challenge is, is that the police have that the municipal police are without authority

prosecuted by the county attorney. It doesn't say anything about a municipal attorney hired

constitution or the state statutes talk about a municipal attorney as opposed to a attorney

representing the state because the municipal attorney purports to represent the state in

a civil counter complaint in your municipal criminal complaint case. So most of the times

So this sounds like municipalities are hiring local firms to act as their

I remember you talking about the police can't go into or the sheriff can enforce in municipalities or something like that

Right, the Constitution said that the municipality is a sovereign entity

And while the sheriff can come into the municipality and enforce state law, he cannot enforce county ordinance

Within the municipality and that was a problem I raised

Are then assigned to a municipality

It sounds that way unless the municipality has somehow officially empowered these employees

that they had or the municipalities and such were saying they had 48 hours before they're

If this is municipal, the clerk may not be elected

Now you said this is municipal, Rick?

Municipal is usually separate

If we can begin to straighten out the traffic courts, the municipal courts, this will filter

It's pretty well accepted everywhere, and then each local municipality takes it because

So that's just to beat up the municipality

Well the judge generally doesn't pay that, it's generally the municipality or the county depending on which it is

I'm supposed to appear in this municipal court, and one of the things that I did is I asked for oath of office for everybody,

How would true ownership affect municipal ordinance?

Oh, yeah. Yeah, that's right. Are you in... You're not in the municipal court, are you?

The red light cameras to civil and municipal, I thought that was interesting. And he was explaining that and the fact that you essentially, you have no remedy. You have the recourse, you know, with those red light tickets. I thought, well, that's kind of stupid.

And we were discussing, and we'll get to this probably later in the show, how municipal

You read the first paragraph out of it, it says it's going to create a municipal corporation,

and it names that municipal corporation the District of Columbia.

So the District of Columbia as a municipality was incorporated in 1801, which it was, is

So what is this thing in 1871 that says it's creating a municipal corporation?

Well, considering the fact that the municipality of the District of Columbia was created in

1801, the only other possible meaning of the term municipal corporation would be a corporation

owned by the municipality, is that not correct?

Well, what possibilities could it mean if you say municipal corporation?

One would be an incorporated municipality, correct?

And would not another one be a corporation owned by a municipality?

If something's called a municipal corporation, okay, if you have a corporation owned by a

municipality, would it not be a municipal corporation?

Yeah, but what you're implying is, is that it would always be owned by the municipality.

I say they're creating a municipal corporation, and the only thing that I'm saying, and I'm

That being the case, we go back to 1801 and see that the municipality of the District

So this thing that is being formed in 1871 cannot be that municipality that was formed

It is something other than the municipality, because the municipality was formed 70 years

Okay, so, because the municipality has existed for 70 years, this new thing that they're

formed cannot be the municipality incorporated, that's already been done.

The only other thing defined by municipal corporation would be a corporation owned by

the municipality.

20 municipalities created by the Congress.

No, no, no, your misunderstanding is that Congress is not creating the municipality.

The municipality Congress created in 1801.

There's a lot more than one municipality around.

But I think it's something else that if it is not the municipality that created in 1801,

No, no, it's not a municipality.

It's not a municipality.

It doesn't necessarily follow that the municipality in 1801 happens to own this one.

Well, again, that's what the word means, municipal corporation.

There's only two meanings that it can mean, it's either the municipality that is incorporated

or it's a corporation owned by the municipality.

city attorney in a municipal court.

if you're in a municipality.

in a moment's notice, I got a certified mail from the Rockdale Municipal Court and it is

cited as follows, citation numbers 013866-0123 and 867-01, motion to dismiss from the municipal

available to the prosecutor and the municipal judge who obviously managed to read it and

they've been hired by the Arlington Municipal Court to collect this money and of course

And I'm surprised that I've never seen them on the municipality collecting the debt before, but it's here.

Judge Noah, municipal court.

like in this case they were talking about municipal judges,

I'm wondering if I can describe a non-jury municipal court trial that I went through

you. Okay, go ahead. So I went to a non-jury trial in municipal court for a traffic ticket,

But what we found is a municipal attorney has no authority to represent the state in a criminal prosecution

Doesn't say anything about a municipal attorney

That the municipal attorney absolutely has no authority whatsoever

Temple Texas Municipal Police cannot enforce the traffic laws, period

You can sue the municipality for what they did to you

Something I recently found out on a matter in a justice court or municipal court

Municipal, county or state?

This is a municipality that's outside of a jurisdiction

The officer was a municipal police officer?

municipal police officer are as delegated by the Department of Public Safety.

I remember Pat Baker talking about how it would keep the municipal authorities off the property, but that's different.

We're not so concerned with the municipal authorities.

Right, the municipal authorities would have no ordinance authority over the property.

Oh, that's what it was, the municipal.

The municipal ordinances would not apply, things like building codes, okay?

Municipal ordinance codes would not apply.

But Eddie had said something to the previous caller that had called about getting a ticket in a municipality.

It's municipal.

Yeah, they're not going to be municipal.

They're going to be a lot bigger than municipal.

I got a way to bushwhack the city attorney and the municipal judge.

Monday or Thursday night to traffic issues and municipal issues and take calls on those

so please let him know and tonight we're going to deal with municipal and traffic issues

So we're going to go over municipal stuff, municipal court dealings tonight with Eddie

municipal court.

The problem with municipal courts is that these things are not tailored to any one event

Now, I just want to interject one thing here. We're talking about municipal court here.

Okay. We'll be back on the other side. We're going to talk more about how to deal with municipal court dealings.

We're talking about municipal court dealings tonight.

However, the law specifically states the same rules of evidence apply in a municipal criminal case as they do in a district court murder case.

to ask questions of Eddie, Randy, or me, especially if you have municipal traffic issues.

For the amount, what I would love to do is bring them into municipal court here.

or if it's a municipality, then the municipal prosecutor will represent the state.

A lot of cities and municipalities and regions have fusion centers in the works, so if you're

A JP, a municipal, a county, what?

Municipal.

Okay, JP was in a municipal court and told you they only dealt with statute?

cross complaint in the municipal court. But Eddie had not finished the documents that

in a municipal court is going to come to a massive head really quick because you're going

requirements for the municipal court exist. Okay? And in that, it lays it out very clearly

This is what the lady told me when I called the Municipal Service Bureau of the Driver Responsibility

She can go down and have the municipal court print out everything that's allegedly has ever been issued to her.

Now, what you want to do, first and foremost, can you go to the municipal court and not go to jail?

What you want then, go to the municipal court.

Well, they say they're the Municipal Services Bureau.

I have a question about municipal code and how a town of less than 7,000 people is currently looking at contracting with the U.S.

It's a special district, and they have a municipal code even though they're a special district,

and how we can have a municipal code even though we're not a city?

They're the ones that specialize in municipal code and city ordinances

and statutes and municipal codes, but they would probably be better equipped to point you in the direction

county or district court. So when the magistrate or the municipal judge tells you, well, that's

from the court, ordering the municipality to do something. That happens to be to give

And who can do it, municipal, sheriff, so on and so forth

Now I don't know about in your town, but in Nacogdoches, if you see a municipal cop inspecting anything except for the inside of his own eyelids when he's parked in his cruiser

Or the municipal court doesn't have the power to do that

As far as what the municipal court can charge

I mean, which one, municipal court?

For the municipal judges and the clerks in the municipal court

Yeah and I'll tell you Eddie, when I went down to the municipal court here in Austin to get a copy of a file for a friend of ours

Then the governing agency, the municipality or the county

Right. So then how come – how come these municipalities think they can get away with that if –

Now, if a municipality can lawfully enforce these rules, then they also must be under an executive branch.

and the mayors and recorders and the judges of the municipal courts

Only the municipal court judge does.

The mayors and recorders and the judges of the municipal courts of incorporated cities or towns.

Now, basically a mayor is a magistrate, municipal court judges are magistrates, JP's are magistrates,

of the county, to me that would automatically eliminate the municipal court judge, automatically

the municipal court because a municipal judge is not a magistrate of the county, they are

so let's consider that for a moment when we address the municipal court judge.

If this is saying that you have to be taken to a magistrate of the county, does the municipal

a JP or municipal court, they have lost jurists or any court other than the county court or

This completely removes the possibility of a municipal court from hearing a traffic case.

But a municipal judge who works at the pleasure of the city is necessarily disqualified under Toomey, Ohio. Toomey v. Ohio and the decision on that one was written by Howard Taft.

especially municipal judges because they're hired.

But municipal judges, they're cannon fodder.

you file a criminal complaint against the little snot-nosed municipal attorney

And all the while, that municipal judge, that guy in the background,

To me, Ohio disqualifies him as a matter of course because the judge in the municipal

court, and this only applies to municipal, not JP, the municipal judge works at the pleasure

bar grievance against the judge, and the judges in municipal courts are always still going

Understand prosecuting attorneys who are prosecutors for municipalities.

And municipal courts are the bottom rung of the prosecutors.

You got to understand when you go into a JP court, I mean to a municipal court, you're dealing with the lowest rung. The guys who can't make it out there in the real world, they get municipal jobs because they pay chump change.

They'll start out in the municipal court. And if they turn out to have some good sense, they may go out on their own or they'll move up to the county and the district.

I assure you every time a judge gets sued here in the municipal court, every municipal court in Texas finds out about it.

Probably in a big municipal court.

I've never been in a by myself situation in big municipal courts because they

We were discussing on the break the fact that the municipal attorney cannot prosecute state crimes,

Because in most municipal courts, they don't tell you until the day of trial.

Like if it's a municipal court, it's the city.

We can probably go through the majority of cases in the municipal courts in Texas.

And that is that if he's actually been called to a municipal court, that's a

One, the municipal court, they're going to try to use the city attorney to

City attorney cannot prosecute in the name of the state municipal court.

Okay, Brooke, was this a municipal court or was this a state court or a county court?

Municipal court.

they cannot take you into municipal, JP, or county court or any other court that is judicial in nature regarding a charge on registration.

Local Authority means a county, municipality, or other local entity authorized to enact traffic laws under the laws of this state.

and we are going to talk tonight about municipal and justice courts, which are JP courts, can never have the jurisdiction to hear a traffic case

Now what do these JP courts and municipal courts actually do?

Now I've actually have had the municipal court judge tell me that they never issued a warrant for my arrest.

So when the municipal court or the justice court tells you how do you plead, they have no authority to take a plea from you.

we are now at a point where we have to insist that the municipal court relinquish jurisdiction,

because most JP courts and municipal courts are not courts of record, and since they are not courts of record,

A JP court and municipal court are administrative.

Even though the statutes themselves say that a municipal court has concurrent jurisdiction for criminal cases arising under state law,

It does not remain with the justice court or the municipal court.

Third, does it matter if you're being arrested by a state trooper or municipal police?

So does it matter if it's a state trooper or a municipal cop that's arresting the person?

that's the end of jurisdiction for a JP court and a municipal court.

He sued them in the federal court, and all of a sudden, after they received a copy of my 52-page federal lawsuits, 42 years ago, 1983, against civil rights violations, the prosecuting attorney dismissed the case because the municipal officers were enforcing a state law that had not been codified into student law.

They had it into municipal code, and therefore, they had no subject matter jurisdiction.

No, you don't understand. That's what I was referring to. In order for them to be able to have any influence, the courts have allowed municipalities extended jurisdiction.

Well, it sounds like it's more than a problem with a neighbor. It sounds like the city and the county are colluding behind the scenes to try to force Dale and Al to submit to annexing themselves within the municipality, probably because of revenue purposes.

Now, Eddie, weren't you saying that like the municipal police? Are they or are they not authorized to enforce state law? Can they only enforce?

Which Article 1, Section 29 specifically says everything in the Bill of Rights is accepted forever from the general powers of government. Otherwise they can only enforce city ordinances. They're a little more than a municipal rent-a-cop.

Exactly. Now if the state law affects one of its political subdivisions, such as a municipal employee, then the cop can enforce that law, but he cannot enforce it against the people. Right. It's kind of like with executive orders at the federal level. It doesn't apply to we the people.

Was this a municipal cop?

Yes, municipal.

If you go to municipal court,

to operate as an attorney for the state in municipal court or any other court.

But again, they're talking municipal court, which means they have no jurisdiction to begin with.

The judge in the municipal court or the justice court doesn't issue the warrant, it's the

the municipal court gets jurisdiction.

that where there's neighborhoods but they're not in an annexed municipality,

municipal court.

municipal courts are

I beat the municipal court racket.

which I learned his authority superseded that of the municipal court judge.

And so I named all the players, including the municipality,

who bragged later that he makes an awful lot of money on towing cars and impounding them from people for the municipal court.

So they were trying to enforce state law within a municipality, which, unless they've adopted it, is forbidden.

Well, you know, something I've learned about these courts, municipal courts, at least in Alabama, they're not judicial,

But there's a problem with municipal courts

Not a municipal court.

You're there before a magistrate, not a municipal court judge.

one municipal court judge, and various other judges

Well, first of all, the Attorney General also enforces corporations, including municipal corporations.

If a municipal corporation involves a violation of law, he can't go after city officials.

reference to allowing the judge to commit you to the jail of a municipal

It's not the municipal court.

In fact, the only thing it lists, nowhere does it list a municipal

There's nothing in here dealing with a municipal offense in this section

authority under certain circumstances put for a municipal or a JP or a

municipal judge to put someone in jail because Chapter 45 applies to

municipal as well as justice courts.

And that offense, as far as the JP or the municipal court is concerned,

It seems that all municipal offenses or all offenses below the grade of

authorities can the legislature create a municipal corporation court?

A lot of times the municipal judges do have their own practice, so that would be great.

So you follow through and you look it up in the statutes, and the guy only put down, I believe it was like municipal ordinance 323.

which specifically grants municipal and JP courts jurisdiction for traffic violations.

it only goes to show that the JP and municipal court is removed of jurisdiction to hear the case

to prosecute in a municipal court or any other court for that matter

and the city municipality in Los Angeles County.

In Orange County, the sheriff is hired by the municipalities to police the municipalities.

This is where the municipal court from the only place I can find where they could possibly come up with the idea anyway, where the district or the municipal court says that it can proceed on a complaint alone, that they don't have to have an information.

So the next time this judge in a municipal court tells you all and all we can proceed on complaint alone, pull out 27.14D and smack them right across the chops with it.

All right? So, since the city attorney cannot issue an information, the city attorney cannot sign an information, the city attorney cannot act as an attorney for the state, I don't care what jurisdiction the municipal court has to hear a case.

The municipal prosecutor can't prosecute it, period. The court may have jurisdiction for the case to be held there, but the legislature has shot the city attorney in the head when it comes to being able to prosecute the case.

Because they say in municipal court, the city attorney is the only prosecutor in a municipal court. It's written right there in Chapter 45.

then my legal argument, considering the fact the municipal court and the city attorney can only prosecute their own employees, is now the only option they got left.

That's exactly correct. So while the municipal court may have jurisdiction to have a criminal trial in the court, the city attorney can't be the one prosecuting.

I completely agree with you, yet they specifically gave that authority to municipal courts in 45.

Municipal courts shall have concurrent authority with the justice courts in all criminal cases revolving state law, which are punishable by fine only.

stipulating that the legislature has the power to create other courts, and that's what they did with the municipal court, they're in a real big catch 22 here.

They granted authority to the municipal court that the law itself prevents the court from exercising.

Yeah, exactly. But not only do they not follow law, the law itself in this case is a legal black hole when it comes to the municipal court.

Why? Because the municipal court, I do believe, is a historical addendum to facilitate their cattle yard mentality of processing people for the purpose of revenue.

That's all they've done. They've converted the municipal and JP courts into a stockyard.

Right. They have nothing to do with the corporate entity over which a municipal court would obviously be the only legitimate jurisdiction it could have.

So where did these moronic legislators come up with the idea that a municipal corporation court had jurisdiction to hear any case involving the people?

And I'll tell you, it really made me mad because when I was up at the municipal court a few weeks ago to pull someone's file that was helping regarding a traffic ticket here in Austin,

about the city attorney being unqualified legally to prosecute in the municipal court,

And nowhere in the city, in the municipal courts,

Are you saying that the municipal judge, excuse me,

the municipal court attorney, who is the city attorney in almost all cases,

Now, the agreement that the municipal courts have or the cities have with the state

That's the motivation for the municipal court to try to maintain jurisdiction when it doesn't actually have it.

But a municipal attorney has no power to prosecute a violation of a state law.

See, the state delegates the authority to the municipality to set speed limits locally within the town, but the city can't just make them up.

The municipal court judge completely blew it in the fact that she did nothing she was required to do according to the Code of Criminal Procedure.

But I just sent a $5 million tort letter to the mayor of the city of Nacogdoches today naming the municipal court judge as one of the key respondents in the lawsuit that I intend to file

has managed to completely run away a DPS trooper, a municipal judge and clerk, and what I guess, who was the other officer?

There is nowhere in the law that I can find that allows a judge to remand you to a municipal jail.

Now, how many people have stood in front of a municipal or justice court judge and had the judge ask you, how do you plead?

money in their cash register? That's what Toomey, Ohio, addressed in speaking to a municipal judge

if we file this and the judge refuses to sign it, especially if it's a municipal judge,

in Texas, the justice and the municipal. So there is no way the state can argue that Section

indictment? Okay. How do these municipal and justice courts believe they have the authority

where a municipal or justice court can hold an arraignment. Cannot find it.

sign them. So how do they get there? How does that municipal judge get it in their hand

I think you can't say there is no silver bullet in law when you have corrupt municipal courts

We never have been able to get out of that municipal court jurisdiction basically

Yes, I got court on Thursday, 8.30 in the morning, municipal court

Making the record for the appeal because you're not going to win in municipal court

We are not going to get fairness in the municipal court

Is leave the municipal judge with the impression that we set him up

In municipal court, they don't believe there are any rules except the ones they wish to make

When you're dealing with an attorney sitting in a municipal court, he has weaknesses, probably ones he doesn't really fully understand

One thing, especially when we go into the municipal court, we have to stop expecting the court to rule in our favor

You're not going to get a fair hearing from a municipal court and that's all there is to that

Until we start taking out municipal judges with their own rules

Judicial Conduct Complaints, all of these judges who are judges in municipal courts of record must have a bar card

Sue the person and possibly the mayor if it's municipal

In respect to what you just said, I went up to my little municipal court here in the town

cases that would be coming up on municipal court if anybody could walk in and look at

In the case of a municipal and justice of peace court, there is a special statute.

However, a municipal court and a justice court falls under 27.004 government code, which

municipal and JP's can do the same thing.

It says, until there's a trial on the merit of defendant's case in municipal court,

or these sort of things when you get ruled against any municipal court.

the state of Texas, or any municipal government,

Well, we need to bring it up in a municipal court,

because an appeal from the municipal court

in these municipal courts

by the municipal judge and on and on and on,

once it gets ruled against you in the municipal court,

and he got trashed in municipal court,

that even though the municipal court itself

in the municipal court.

from a municipal or justice court,

I went to the municipal court and almost got thrown in jail.

in counties where it is a court of record, where the municipal court is a court of record

like here in Travis County, and of course you are going to get railroaded by the municipal

same situation, now the counter complaint has been dismissed by the municipal court,

Well now that is true in the county and those courts, in the municipal court though, they

you appeal the ruling of the municipal court on a traffic ticket, you are appealing to

Actually the municipal court sit, they have the pre-trial hearing, that is a motion hearing.

Which deals with trials in municipal and justice courts

The county writes a municipal bond against you

and to the mayor and letting them know that their municipal judge and their clerks and

You're going into a municipal court, correct?

in a municipal court they'll just generally tell you to approach and you hand him the criminal complaint

Somebody the other day is talking about them thinking in the municipal court or something

the past where they were showing that the municipal and justice court not having jurisdiction

I think that's what I sent in, a notice to the local municipality about potential claims

Take judicial notice of the ordinances of municipalities and counties of Texas

When you go to a JP court or a municipal court

Now the county only has two other inferior courts, they are the justice and municipal

municipal court in the name of the state.

on an appeal of a de novo trial from the municipal justice courts and that they get that jurisdiction

shall prosecute all cases in the municipal court and simultaneously give jurisdiction

of state criminal cases to the municipal court?

shall prosecute all cases in municipal court.

later date for arraignment in the applicable justice court or municipal court.

something a justice and municipal court never ever do.

You'll notice that when you go into these municipal or justice courts and you try to

Now granted the purpose of the justice and municipal courts is to take some of the work

The county, the justice, and the municipal.

jurisdiction exists in municipal and justice courts, that means an indictment is just as

It absolutely bottles my mind that a municipality, a corporation court, has jurisdiction over

So it was dismissed in the municipal court system I live over by

Interesting, you actually had a municipal court judge take that initiative

case of a municipal cop.

These municipal judges are all practicing attorneys, well, we take care of that stuff.

They can only be a municipal judge in a court of record if they are a card-carrying attorney,

later date for arraignment in the applicable justice or municipal court.

attorney admit that a justice court and municipal court can't hold an arraignment.

In fact, he has gone from municipal court to the county court.

And if that ticket predates, that municipal court was required by law to send him to the

an email that said that municipal courts of record and county court judges are required

In municipal courts of record they are, yes.

they'll generally do it to a municipal judge or JP.

They like municipal judge because they're easy marks and it makes them look like they're

A friend of mine's brother was a municipal judge and the Judicial Conduct Commission

against, would it be against the municipal courts from issuing a warrant like in general

don't have a singular judge to point at, we file it against the municipal court itself.

Well, in order to appeal in this municipality, first you have to file a motion for retrial

with the county court barring the municipal court from issuing a warrant

and probably even a petition for writ of mandamus ordering the municipal court

If officers of the Homeowners Association are not officers or public servants of the state or the municipality

regarding traffic issues because there seems to be a great deal of corruption at the municipal court level

And so the question is, what court do we go to to petition for a writ of mandamus to order the municipal court

against the municipal court issuing a warrant for his arrest until such point in time

against the municipal courts from issuing a warrant for arrest

and ordering the municipal court to set a motion hearing for a retrial on a traffic ticket.

They said, take it back to the municipal court, file it in the municipal court.

And the municipal court has to send it up to the county court.

So far, the municipal court hasn't done anything legal.

to mandamus order the municipal court to do something?

a county court or a state court has mandamus ordered a municipal court to do anything?

those levels have ordered the municipal court to do anything?

has authority to order the municipal court to do something.

mandamus later. How about we just go for a temporary restraining order against the municipal court from

municipal case. So you got to go to the civil clerk. So you want a TRO. Are we going to have to

TRO first to stop the municipal court from issuing this warrant for arrest until such time that we

can get the writ of mandamus against the municipal court to set the motion hearing for the retrial,

order to get a temporary restraining order against the municipal court from issuing a warrant for

y'all just file a mandamus? We filed it with the municipal court but the problem is if the municipal

Okay, so my question is, Randy, Eddie, the temporary restraining order against the municipal

to do that unless we're in the municipal court. We have to walk through the municipal court first.

So I want to walk through the details in the municipal court, what I do.

Prosecution of Quo Warranto proceeding to annul municipality's wrongful assumption of

They can be initiated in that case and in the case of a corporate existence or municipality

Okay, this is a municipal or JP court.

And generally, if it's a municipal police department, you send it to the mayor.

for stating that all prosecutions in a municipal court will be done by the city attorney.

municipal officers.

You emailed me a document to send to Linebarger one time on a municipal collection. They were

trying to collect some money from municipal court. You're familiar with Linebarger, the

because the court, I say fixed it, the court set a trial date 10 months away. The municipal

these little municipalities where the judge usually shows up once a week for a couple

in that boat, seek redress, go after the municipal judge who should have known what the constitution

You're going to lose in the municipal court.

you're going to stomp that municipal judge into the ground for violations of law and file criminal charges on them to boot

First time you get a municipal judge to resign, then you'll be walking around saying, oh, yeah, that's right, I'm bad.

by the county and city municipal association, okay, and if you go look at the code and go

to the county and city municipal association, you can identify the bonds.

Municipal, county, or state?

Municipal.

And so far it appears as though the Austin Municipal Courts will pay absolutely no attention to any law whatsoever.

What you want to do is you want to, if it's a municipal judge,

But the municipal court denied it.

Now I did put this PIR into the municipality,

they have to direct you back to a municipal or justice court for your arraignment.

And then we turn around, now they have given arraignment decision making to a municipal or justice court,

Yes, and a municipal judge.

county at the county, city at the municipal secretary's office.

first analyze who creates the ordinance, the municipality creates the ordinance, the municipality

body of a municipal corporation, it designates a local law of a municipal corporation duly

relating to the corporate affairs of the municipality, okay, the corporate affairs of the municipality.

I hadn't considered the question of the propriety of corporate municipalities making law.

That's what these little corporate municipalities are doing.

Okay one of the things if the municipal judge is not paying attention

Since it's a municipal court he's almost certainly an attorney

When the mayor gets that he's going to run down to this municipal judge

When they are operating in the ordinance level right in the municipality

We have municipal judges defined in Texas law

Do you have municipal judges defined in Oregon law?

So the municipal police will have no authority over them.

Don't try to file them with the municipal police department

Since the state has subject matter jurisdiction, not the municipality,

Why would the state have jurisdiction, not the municipality?

The municipal police may have some concurrent jurisdiction,

but even so, the municipal court won't.

if the municipal cops issued a ticket.

Well, I honestly don't believe the municipal cops have the authority to issue a citation

No, the municipal police don't have...if they cited you...

not the municipal court.

It's just like the county has concurrent jurisdiction with the municipal police in the city,

but if the county writes you a ticket, it goes to the JP, not to the municipal.

Technically speaking, the jurisdiction of a municipal police officer stops at the city limits.

but it's off limits to the municipal cops as far as enforcement.

So if a municipal police officer is on the state property, then the justice of the peace would have venue, not the municipal court.

Are you in a rural area or are you in an annexed municipality?

Are you within the municipal jurisdiction?

Eddie, can municipal code be criminal?

for all municipalities in California.

They're not going to throw out all municipal law in California for him.

if he tries to go in and claim that all the municipal laws in the whole state

A municipality cannot make law applicable to the people.

This is not the municipality.

and the Supreme Court says that the municipality cannot control any private property,

they are the experts regarding how to handle local municipalities

of the offense who is in the municipality or county in which the offense is alleged to have been committed.

the county courts are every bit as corrupt as the municipal and justice courts.

file a writ of mandamus to the county court to order the municipal court

the municipal court judge sent back a letter, just stamped denied, no reason,

then how can a justice or municipal court remand you to jail for failure to pay bail when the offense itself is not jailable?

It's kind of a, well, what about petitioning for a writ of mandamus to the county court ordering the municipal court to accept the bond?

know where they gain authority to enforce the transportation code in the municipality.

of exit, upon a highway within a municipality at a port of entry or a port of exit.

Now number 4, this is where it gets interesting, municipal police officers from any of the

a port of entry within the municipality, a motor vehicle subject to Texas Transportation

Code, Chapter 644, sub-bottom A, a municipality with a population of 50,000 or more, my town

doesn't have 50,000 or more, B, a municipality with a population of 25,000 or more, any part

a municipality any part of which is located in a county bordering the United Mexican states,

again not my town, D, a municipality with a population of less than 25,000, any part

to an international port, also not my town, E, a municipality with a population of less

municipality with a population of 60,000 or more, any part of which is located in a county

of 1 million or more, again not my town, and G, a municipality with a population of at

by law to either the sheriff or to the municipal police officers to enforce traffic law, absolutely

And number seven, a certified peace officer from an authorized municipality or county

the municipality or county if the vehicle or operator of the vehicle is in violation

They can because they're a municipality of excess of 50,000, as I heard you read it.

Well, you've got a municipality with a population of 50,000 or more and then you've got a population

Now notice, certain peace officers from the municipalities and counties specified in subsection

of the municipal court doing everything they can to block your access to the county court

with and so can we petition for a restraining order against the municipal court from issuing

will entirely wipe out the whole ability of all of the state of Texas to enforce municipal

... I mean, would they order the municipal court to grant the bail?

I mean, it's the municipal court that needs to... So then it would be a mandamus also?

So would the county court be ordering the municipal court to grant the bail for the

Along with criminal charges against this municipal judge.

Where was the legislature given the authority to delegate lawmaking authority to municipalities

traffic warrants, and I live in the Dallas area, Dallas gets more than 50% of its municipal

I filed a bar grievance against the prosecutor in the municipal court.

Who is the prosecutor in the municipal court?

By what authority do you enact an ordinance, whether it be county or municipal,

Now, you've all heard me say many, many times that municipalities' ordinances

that county or by that municipality, and this is their rules that those

The municipalities are.

It's a civil offense which you go before a municipal administrative court to

So it's controlled and operated by the municipality.

I know in Dallas, if you get a ticket, you get charged under the municipal

here concerning this municipal judge, and, you know, he has discretion to

municipal court to proceed upon complaint alone.

But the municipal courts are relying upon old laws if it's still in place and

Well, here, the municipal court violated Constitution knowingly and

prohibiting the municipal court from issuing a warrant for his arrest until

Yeah, we'd have to make that in the municipal court.

and this is in the city, okay, municipality, a mayoral city,

But I think municipal attorneys are.

A municipal attorney can, but not a state's attorney.

Now, if you're raising this issue in City of Austin Municipal Court,

So good. So the city municipal clerk or the city secretary?

because the municipal corporation itself is operating in commerce.

And also a court case in Texas where the Municipal Court of Texas is carrying on a legal enterprise known as RICO.

a county, municipality, public school district, or special purpose district or authority.

And F, a county court has concurrent jurisdiction with a municipal court in cases that arise

in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality

this case with a municipal court that arise under an ordinance of the municipality.

Subsection C says a justice court has concurrent jurisdiction with a municipal court in cases

that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance

of the municipality applicable to the extraterritorial jurisdiction under section 216.902 local government

over a corporate ordinance of a municipality?

This one, that one, we're talking about a municipal prosecutor prosecuting a state law.

over a municipal ordinance.

to any other power under the municipality itself is suddenly responsible of having a

The other question is how does a municipality get extraterritorial jurisdiction?

There's statutes that authorize the municipality to exercise jurisdiction for a certain distance

How does a municipality create a penal ordinance?

So how is it possible for a municipality or a county or a public school or any other type

Most municipalities hire the city attorney on a day-to-day basis for prosecuting cases.

If this is a municipal court, you know, like a city police?

So this would appear to be directly applicable to the municipal or justice court

exactly what is a municipality a subdivision of in relation to the state?

Is a municipality both or all of the legislative, executive, and judicial body in government

creation and maintenance of a police force then there cannot be a municipal police force

Possibly, but not a municipal attorney.