The text
Sec. 42-21. - Municipal judges.#
(a)
Generally. City Charter section 4.03, state law, and this section shall govern the appointment and conduct of municipal judges. The presiding and associate judges shall be subject to the following:
(1)
A municipal judge shall be at least 18 years of age and shall not have been convicted of a felony nor a crime involving moral turpitude.
(2)
A Municipal judge, shall complete judicial education in the manner and frequency prescribed by the Texas Rules of Judicial Education.
(3)
A Municipal judge shall perform the duties as prescribed by the laws of the state, the City Charter, and this chapter.
(4)
Term of office. Pursuant to section 29.005 of the Texas Government Code judges shall serve for two years and if not reappointed by the 91 st day following the expiration of a term of office shall, absent action by city council, continue to serve for another term of office beginning on the date the previous term of office expired.
(5)
Temporary judges may be appointed by city council to serve on a temporary basis in cases of absence by the presiding judge or an associate judge.
(b)
Removal.
(1)
A Municipal judge may, subject to the other provisions of this subsection, be removed from office for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of his or her duties or casts public discredit upon the judiciary or administration of justice.
(2)
Any person holding the office of municipal judge, may:
a.
Be disciplined or censured, in lieu of removal from office, as provided by this subsection;
b.
Be suspended from office with or without pay immediately on being indicted by a state or federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct.
(3)
Upon the motion of the city council or on the filing of a sworn complaint charging a person holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit on the judiciary or on the administration of justice, the city council, after giving the person notice and an opportunity to appear and be heard before the city council may, after considering the record of such appearance, suspend with or without pay, censure, or otherwise discipline the judge; or remove the judge from office.
(c)
Presiding judge. There shall be a presiding judge who shall be appointed by city council. The appointment of presiding judge shall be subject to the following:
(1)
The presiding judge's term of appointment shall be two years running concurrently with that of the mayor.
(2)
The presiding judge shall receive such compensation as the council shall fix by ordinance or resolution; and shall furnish such surety bond as may be required by the council, the premium to be paid by the city.
(d)
Associate judge.
(1)
Appointment. The city council shall have the power to appoint one or more associate judges who may serve in the temporary absence of the presiding judge.
(2)
Compensation. The associate judge will not be compensated by the city for his/her services. Associate judges serve at the pleasure of the city council.
(3)
Training. The city shall not be responsible for payment of the training for associate judge.
(4)
Employee benefits. The associate judge is not an employee of the City of Burnet and shall not be entitled to participate in the employees' health insurance, retirement or other employee benefits.
(Ord. No. 2026-17, § 1, 4-28-26)
Charter reference— Section 4.03 B - Presiding Judge. Section 4.03 E - Alternate Judges.
State Law reference— Section 29.004 Texas Government Code - Judge; Section 29.005 - term of office.
Sec. 42-22. - Clerk of court.#
(a)
Appointment. There shall be a clerk of the court who shall be appointed by the city manager.
(b)
Title. The title of the clerk of the court shall be court administrator.
(c)
Deputies. City council may establish the position of deputy clerk and such deputy, or deputies shall be appointed by the city manager.
(d)
Duties. As provided in the charter, the municipal court clerk shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court and generally do and perform any and all acts usual and necessary to be performed by the clerks of courts in issuing process and conducting business.
(Ord. No. 2026-17, § 1, 4-28-26)
Charter reference— Section 4.03 C - Court Clerk. Section 4.03 D - Duties of Clerk.
State Law reference— Section 29.010 - Clerk.
Sec. 42-23. - City attorney to represent city.#
The city attorney, either in person or by deputy, shall represent the city in the prosecution of each and every complaint.
(Ord. No. 2026-17, § 1, 4-28-26)
State Law reference— Art. 45A.005. Texas Code of Criminal Procedure - Prosecuting Attorney.
Sec. 42-24. - Bailiff.#
(a)
There shall be one or more bailiffs assigned to the court.
(b)
Bailiffs shall report to the court clerk, unless otherwise required to report to the chief of police pursuant to federal, state, or local laws, regulations, and/or policies.
(c)
Bailiffs shall be licensed peace officers and have such qualifications as required by state law.
(Ord. No. 2026-17, § 1, 4-28-26)
State Law reference— Chapter 158 Texas Government Code.