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1119 Alamo Street 8:00 a.m. – 5:00 p.m.
Presiding Judge - Demetra Robinson Court Clerk/Associate Judge - Questions should be addressed to |
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State Approved Alcohol Awareness Programs Outstanding Warrant Listing Make on-line citation payments here Questions about warrants should be addressed to: |
MISSION STATEMENT: To provide a neutral, courteous and fair forum for the trial of all Class C Misdemeanor offenses arising under Texas civil and criminal statues and city ordinances. The presiding Judge of this court is appointed by the Commerce City Council to preserve, protect and defend the United States Constitution, the Texas Constitution and the laws of this state.
The three separate but equal branches of government are the Executive Branch (City Manager and all departments including the Police Department), the Legislative Branch (City Council), and the Judicial Branch (Municipal Court). This court and its officers represent the Judicial Branch of the City of Commerce government.
This court and its officers are dedicated to the principals of impartiality, fairness, integrity, separation of powers and judicial independence. These are the principals upon which our country was founded and to which the court is committed in its role as the Judicial branch of our local government.
ANSWERING THE CITATION
(1) Review the blue form attached to the citation. This document contains information on how to resolve your citation.
(2) Wait 48 hours before contacting the court. This waiting period is necessary to ensure that the court has received the citation from the police department and that we have entered it into our system.
(3) Appear before the court no later than 14 days after the offense date. You may make this appearance either in writing or in person. Telephone calls do not satisfy this requirement. If you fail to make your appearance as required, a warrant for your arrest will be issued, additional warrant fees will be added to your offense and for certain offenses an additional charge of "Violating Your Promise to Appear" will be added. This will be an additional $278.75 in fines and court costs.
(4) Enter a Plea. Only the person whose name appears on the citation (other than a licensed attorney) can enter a plea. Authorized please are:
(a) Not Guilty - When you enter this plea, you are stating to the court that you believe you are innocent of the charge and you wish to have your case placed on the pre-trial docket. You will have a jury trial scheduled unless you waive that right and request a trial before the judge.
(b) Guilty - Entering this plea means that you are admitting to the offense as charged. You will be required to pay the applicable fine plus all court costs.
(c) Nolo Contendre (No Contest) - This plea means that you are not contesting the offense. You are not admitting that you committed the offense nor are you denying it. However, you understand that you will still be responsible for paying the applicable fine plus all court costs. A plea of no contest may not be used at a subsequent civil trial as evidence of guilt.
GOING TO COURT
All persons entering the Commerce Municipal Court are subject to the following rules:
The court is a secured environment. All persons and any hand carried items are subject to search.
Concealed handgun permits DO NOT apply to a courthouse.
There is no talking while court is in session.
Keep your hands in plain sight and not in your pockets.
The Judge should be addressed as "Your Honor".
Direct all comments directly to the judge. Do not speak while the Judge is speaking to you.
Reading newspapers in the courtroom, particularly if this causes a distraction, is generally not allowed.
When addressing the Judge, stand a few feet back from the bench.
Do not lean on the bench.
No food, drink or chewing gum is allowed in the court.
Smoking is prohibited by law in all areas of city buildings.
Avoid bringing small children to court. If you must, please monitor their behavior so that they remain quiet at all times. Parents may be asked to leave the courtroom if their child becomes noisy or unruly.
DRESS CODE. It is inappropriate to enter the courtroom unless you are wearing at least a t-shirt, pants and shoes. The following is a list of clothing prohibited within the court: t-shirts with offensive slogans or writing; halter tops; short skirts; short shorts; tube tops; spaghetti strap shirts; other sleeveless shirts; flip-flops; hats and sunglasses should be removed before entering a courtroom.
If you bring your friends or family with you, they are to remain seated while you speak to the Judge, they cannot approach the bench with you. If you are a juvenile, this does not apply to you. You may bring your parents/guardians to the bench with you.
Your friends or family cannot be in the side hallway with you while you wait to fill out your paperwork. They must wait for you in the front lobby. If you are a juvenile, this does not apply to your parents.
Disrupting the functions of the court and/or the clerk's office may result in additional charges being filed.
CITATION DISMISSAL
Can the Judge dismiss my ticket? No. The Judge does not have the authority to dismiss tickets. Any authority to dismiss a ticket is given to the judge either by statute or pursuant to a standing plea agreement from the City Attorney and under strict guidelines.
Dismissals allowed by statute are:
Insurance Tickets. You must provide a copy of a valid insurance card that was valid at the time the offense is alleged to have occurred to have your citation dismissed. Insurance will be verified with the issuing insurance company.
Fail to Present Drivers License Dismissals. You must present to the court a valid drivers license issued prior to the date and time of the citation. All drivers licenses will be verified with the Texas Department of Public Safety.
Expired Drivers License (Tex Trans. Code 521.026) (1) You must renew your license within ten (10) working days of receiving the citation; (2) You must present the renewed license to the court on or before the appearance date provided at the bottom of your citation. (3) You must pay a $10.00 administrative fee at the time of your request for dismissal (failure to pay the fee forfeits your right to a dismissal).
Expired Registration Dismissal (Tex. Trans. Code 502.407). (1) You must get the vehicle registered within ten (10) working days of receiving the citation; (2) You must present the receipt of registration to the court; and (3) You must pay a $10.00 administrative fee at the time of your request for dismissal (failure to pay the fee forfeits your right to a dismissal). Note: The court cannot dismiss "No Registration" or "Improper Display of Registration" citations.
Expired Inspection Sticker (MVI) Dismissal (Tex Trans. Code 548.605). (1) The inspection sticker on the vehicle at the time of the citation cannot be expired for more than sixty (60) days; (2) You must get the vehicle inspected within ten (10) working days of the citation; (3) You must present the receipt showing proof of the vehicle inspection to the court for examination on or before the appearance date provided at the bottom of your citation (the court will not enter the parking lot to view your sticker); and (4) You must pay a $10.00 administrative fee at the time of the request for dismissal (failure to pay the fee forfeits your right to a dismissal). Note: The court cannot dismiss "No Inspection Sticker" or "Improper Display of Inspection Sticker".
DEFENSIVE DRIVING
Defensive Driving is a method to keep a citation off of your driving record. Upon the timely completion of an approved driver safety course and return of the Certificate of Completion and the certified copy of your driving record from the Texas Department of Public Safety to the court, the court dismisses your citation.
To be eligible for Defensive Driving:
1. You must make the request for Defensive Driving either in writing via certified mail or by appearing in person at the municipal court on or before the appearance date provided at the bottom of your citation.
2. You must enter a plea of "guilty" or "no contest".
3. You must pay the court costs and fees totaling $97.00 in full at the time you make the request. There are no extensions or payment plans for this payment.
4. You must show proof of valid automobile liability insurance with your name on the policy.
5. You must show proof of a current Texas Drivers License or permit.
6. You must not have taken a defensive driving course for ticket dismissal within the 12 months preceding the date of your citation.
You are not eligible for defensive driving if: (1) You are accused of speeding 25 miles per hour or more over the posted speed limit; (2) Your violation occurred in a construction zone when workers were present; (3) You have a Commercial Drivers License.
Upon your (1) timely request for defensive driving, (2) satisfactory proof of all of the above requirements and (3) payment of the court costs plus all applicable fees, the court will sign an order allowing you to complete defensive driving. You have 90 days from the date of the court's order to complete your course and submit your completion certificate as well as a certified copy of your driving record.
You can locate a Defensive Driving Class online at http://www.tea.state.tx.us/drive/activetestds.html or contact the court for information regarding local instructors.
Failure to timely take the course or failure to timely return your certificate of completion will result in a fine and the report of a conviction on your driving record including the assessment of points and surcharges by the Department of Public Safety.
FREQUENTLY ASKED QUESTIONS
Can the court or its employees provide me with legal advice on how to handle my citation? No. Court employees (including the Judge) are strictly prohibited by law from providing legal advice to anyone.
Do I have to employ an attorney to represent me in the Municipal Court? No. You can represent yourself. Municipal Courts are not required by law to appoint you an attorney, but you may retain one yourself. No one other than a lawyer can represent you in court. This applies to parents of juveniles. If you are not an attorney, you cannot represent your child in a trial.
Can I pay my fine in installments? The court does have a payment plan option. Certain restrictions apply, contact the court for more information.
If there is a mistake on the ticket, does that make it invalid? Not necessarily. If you plead guilty or no contest, the issue is immaterial. If you plead not guilty, a complaint is generated. The contents of the complaint are relevant with regard to a trail.
Can the Judge dismiss my ticket? A judge can only dismiss a citation if she is given the authority by statute or because of a standing agreement with the City Attorney's Office.
I just want to tell the Judge my story. Will she talk to me? Yes, but only if you enter a plea of no contest or guilty. Upon a plea of not guilty, the Judge is not allowed to hear any of the details of the case until the day of trial. This ensures fairness to both the defendant and the state. All conversations with the Judge must be in the courtroom. The Judge is not allowed to discuss the case outside the courtroom and outside the presence of both parties.
Is this charge going to revoke my probation? If you are on probation in a court other than the Commerce Municipal Court, you should refer this question to your probation officer.
Is this ticket going on my driving record? Generally, all moving violations will appear on your driving record. Some others such as Failure to Maintain Financial Responsibility and No Drivers License appear as well. If you want to keep an offense off of your record, you should request Defensive Driving if applicable.
Can I reset my court date over the telephone? No. All requests for reset or continuance must be made either in person or in writing. The request must be received 72 hours prior to your court date and must also list a reason why you need to reset with any proof that you can provide.
What action may be taken if a person who is notified to serve as a juror does not appear? Any person summoned who fails to attend may be fined $100.00 for contempt.
How may the court enforce a subpoena? If a witness refuses to obey a subpoena he/she may be fined at the discretion of the court and writ of attachment may be issued. A writ of attachment is an order from the Judge to a law enforcement officer to immediately take this person into custody and bring them before the court.
I have a warrant for my arrest. Who do I need to speak with? The Warrant Officer or other court staff will be able to assist you explaining your options regarding warrants arising from the issuance of City of Commerce citations. You may speak to court staff by calling 903/886-1132 or 903/886-1135.
I was placed on payment plan and for some reason I defaulted on the agreement. How can I reinstate the plan? Payment plans are administered by the court. You will need to contact the court at 903/886-1132 to determine your options.
Can you tell me what time and date my court setting is? The appearance date is located at the bottom of your citation, appearance time is 10:00 a.m. unless otherwise indicated on the citation.
My deadline has passed to complete or return the driving safety certificate. What do I need to do? Contact the court at 903/886-1132.
Someone has received a ticket in my name. How can I get this corrected? You will need to appear at the court, 1119 Alamo Street, Commerce, Texas 75428. the court staff will then take the necessary steps to help correct this problem.
I need an extension to pay the fine. Contact the court at 903/886-1132.
I need information regarding a County, Federal or Department of Public Safety Office.
County Information - 903/408-4100
Federal Information - 1-800/366-2998
Department of Public Safety - 903/453-6916
I received a letter from the Texas Department of Public Safety regarding the suspension of my drivers license. How do I get this corrected? You will need to contact the local DPS Office, or the person whom sent you the letter, for more information,.
PARKING CITATIONS
Time for Payment - You must pay your parking citation on or before the 10th day after the citation was issued.
Responsibility - The registered owner of a vehicle is responsible for all parking violations committed using that vehicle regardless of who was operating the vehicle at the time.
If You Believe a Citation was Issued in Error - If you received a parking notice letter in error (i.e., you no longer own the car), please write to the Commerce Municipal Court, 1119 Alamo, Commerce, Texas 75428. Explain why the parking ticket (s) in question does not belong to you.
If you no longer own the vehicle, please provide enough information for us to contact the new owner. Normally, the transfer of sale document will be sufficient. You will continue to receive notices if additional tickets are received as long as the state shows the title of the vehicle to be in your name.
To correct registration records through the State Department of Transportation, call or write this agency at the following address:
Texas Department of Transportation
Division of Vehicle Titles and Registration
40th Street and Jackson Avenue
Austin, Texas 78779 - 0001
Phone: 512/465-7611
JURY SERVICE IN MUNICIPAL COURT
As a juror, what kind of cases will I hear? The Municipal Court jurisdiction applies to cases that can only be punished by a "fine only". This means that punishment through jail time is not an option. Consequently, this applies to Class "C" Misdemeanor Offenses such as public intoxication and shoplifting. It also applies to traffic offenses (such as speeding, seatbelt and no insurance tickets) and enforcement of city ordinances such as noise violations and enforcement violations. All offenses must have occurred within the city limits of the City of Commerce.
How did I get picked for jury duty? Potential jurors are selected from a random list of those who hold a valid Texas Drivers License and/or have utility service in the City of Commerce.
I have been summoned, will I definitely serve on a jury? No. The process of jury selection involves both the state and the defendant asking you questions concerning your qualifications, background and experience. Each side then gets to strike up to three (3) potential jurors for any reason other than race or gender. Next, the strike lists from each side are placed side by side and the first six (6) potential jurors that neither side has struck make up the jury panel.
How long will my service on the jury last? Jury service typically lasts only one (1) day.
Where should I appear? Check your jury summons. You should appear at the Commerce Municipal Court at 1119 Alamo Street, Commerce, Texas. If you cannot determine where you should appear, contact the court at 903/886-1132.
I just completed jury service (within the past six (6) months). Can I be excused? Submission of proof of actual service on a jury (not just being called on a panel) will excuse you from jury service if you have completed that service within the last six (6) months.
Do I get paid for my jury service? Yes. The Commerce Municipal Court pays $6.00 per day for jury service. If you claim an exemption or are disqualified, you are not paid.
How do I know if I'm qualified to serve on a jury? The qualifications for jury service are that you:
Must be of sound mind and good moral character;
Must be able to read and write the English language;
Must have not served as a juror for six consecutive days during the preceding six months;
Must not have any felony convictions or a conviction for any type of theft;
Must not be under indictment, legal accusation, probation or deferred adjudication for any theft or felony charges;
Must be a resident of the City of Commerce and reside within the Commerce City Limits.
What if I would like to be excused from my jury service? You are exempted from jury service if you:
Are 70 years of age or older;
Have legal custody of a child/children younger than 10 years of age and serving on the jury required leaving the child/children without adequate supervision;
Are the primary caretaker of a person who is an invalid, unable to care for him/herself;
Are a student of a public or private secondary school;
Are a person who is enrolled and in actual attendance at an institution of higher education;
Are an officer and employee of the Texas Senate, House of Representatives, or any department, commission, board, office or other agency in the legislative branch of state government.
What about business excuses? Missing jury service for a business reason is not a lawful excuse from jury service.
Can I prove my "disqualification", "exemption" or offer any other excuse to the court prior to my jury service date? To make a request to be excused from jury service, please complete the back page of your jury summons. You should then either mail it back to the court, drop it by the court in person or fax it to the court at 903/886-8929.
What if I decide to ignore my jury summons? You will have to appear in court to answer to a contempt of court citation which carries a fine of up to $100.00.
JUVENILE OFFENDERS
Appearance of Juvenile Defendant and Parents - If a defendant is younger than 17 years of age and has not had the disabilities of minority removed, the judge must take the defendant's plea in open court and shall issue a summons to compel the defendant's parent, guardian or managing conservator to be present during the taking of the defendant's plea and all other proceedings relating to the case.
Expunction of Certain Conviction Records of Children - "Child" means person who is ten (10) years of age and under seventeen (17) years of age. A person convicted of not more than one misdemeanor punishable by fine only other than public intoxication or a violation of a penal ordinance of a political subdivision, while the person was a child may, on or after the person's 17th birthday, apply to the court in which the child was convicted to have the conviction expunged.
The person must make a written request to have the records expunged. The request must be made under oath. The request must contain the person's statement that the person was not convicted while the person was a child of any other offense, other than the offense the person seeks to have expunged.
This does not apply to any offense otherwise covered by:
(1) Chapter 106, Alcoholic Beverage Code; (2) Chapter 161, Health and Safety Code; or (3) Section 25.094, Education Code.
Records of a person under 17 years of age relating to a complaint dismissed as provided by Article 45.051 (Deferred Disposition and Defensive Driving) or 45.052 (Teen Court) may be expunged under this article.
The justice or municipal court may not require a person who requests expungement under this article to pay any fee or court costs.
Failure
of Juvenile to Pay Fines as Ordered by the Court
- A justice or
municipal court may not order the confinement of a child for the
failure to pay all or any part of a fine or costs imposed for the conviction
of an offense punishable by fine only or contempt of another order of a
justice or municipal court.
If a child fails to obey an order of a justice or municipal court under
circumstances that would constitute contempt of court, the justice or
municipal court, after providing notice and an opportunity to be heard, may refer
the child to the appropriate juvenile court for delinquent conduct for
contempt of the justice or municipal court order; or retain
jurisdiction of the case, hold the child in contempt of the justice or
municipal court, and order either or both of the following that the
contemnor pay a fine not to exceed $500; or that the Department
of Public Safety suspend the contemnor's driver's license or permit or, if
the contemnor does not have a license or permit, to deny the issuance of a
license or permit to the contemnor until the contemnor fully complies with
the orders of the court.
Failure to Attend School - On a finding by a municipal
court that an individual has committed an offense under Section 25.094,
Education Code, the court has jurisdiction to enter an order that includes
one or more of the following provisions requiring that the individual:
(1) attend school without unexcused absences;
(2) attend a preparatory class for the high school equivalency examination
administered under Section 7.111, Education Code, if the court determines
that the individual is too old to do well in a formal classroom environment;
or
(3) if the individual is at least 16 years of age, take the high school
equivalency examination administered under Section 7.111, Education Code;
(4)attend a special program that the court determines to be in the best
interest of the individual, including an alcohol and drug abuse program, a
rehabilitation program, a counseling program, including
self-improvement counseling, a program that provides training in
self-esteem and leadership, a work and job skills training program, a
program that provides training in parenting, including parental
responsibility, a program that provides training in manners, a
program that provides training in violence avoidance, a program that
provides sensitivity training, and a program that provides training in
advocacy and mentoring.
The court may also require the individual and the individual's parent attend
a class for students at risk of dropping out of school.
The court may require the individual complete reasonable community
service requirements, or for the total number of hours ordered by
the court, the individual participate in a tutorial program covering the
academic subjects in which the student is enrolled provided by the school
the individual attends. The child in contempt of the justice or
municipal court, and order either or both of the following that the
contemnor pay a fine not to exceed $500