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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.

or the county attorney has to prosecute in municipal court.

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.

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

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

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.

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.

Municipal and JP are essentially the same.

Municipal judges and justice judges fall under Chapter 45.

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

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

Municipal jail?

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

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.

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

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

Courts of record, municipal courts of record

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

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.

Municipal governments

Filtering down through municipal courts

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

Well, municipal is included in that

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

like for the city municipal funds?

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.

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.

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

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.

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.

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

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

or ceases to operate and exercise municipal function,

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

falls under organizations of municipal government.

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.

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

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

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

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.

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

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.

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

before you can come before the municipal judge and get one

where a municipal inspector came in with a SWAT team

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

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

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.

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

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

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.

We can appeal a parking ticket beyond the municipal court.

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.

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.

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

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.

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

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

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,

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.

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?

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

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.

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.

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?

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

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

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

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.

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

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

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

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.

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

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

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

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

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

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?

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,

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.

I thought that they were municipal buildings,

Austin Municipal Airport or whatever.

I thought this was a municipal airport.

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

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.

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

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

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

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

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

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.

These are municipal courts.

like a municipal police force,

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

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

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

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

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.

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

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.

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

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

Municipal is usually separate

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

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?

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

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

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

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

municipality, would it not be a municipal corporation?

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

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

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

city attorney in a municipal court.

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

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

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

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

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.

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

Municipal ordinance codes would not apply.

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.

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

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

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.

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,

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

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.

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.

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?

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.

municipal court.

municipal courts are

I beat the municipal court racket.

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

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

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.

It's not the municipal court.

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

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.

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,

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

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

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

When you go to a JP court or a municipal court

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

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

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.

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

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

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.

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

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.

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.

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.

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

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

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

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,

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 within the municipal jurisdiction?

Eddie, can municipal code be criminal?

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

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?

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

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

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

... 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.

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

Who is the prosecutor in the municipal court?

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

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.

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.

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

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

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

over a municipal ordinance.

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

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

Possibly, but not a municipal attorney.

Would it be your guys' position that municipal sales taxes are invalid?

27004 government code, when it goes to a justice or municipal court,

a municipal or justice court cannot.

And if you're in a municipal or JP court and most warrants are issued by JP,

And what they 95 times out of 100 seem to be pulling us over for are these civil municipal code infractions,

It definitely seems to me like they're totally working under color of law in your ignorance to try to enforce municipal codes,

Some have codified traffic code into municipal law, but most enforce state law.

It's because of some civil infraction, either municipal code or perhaps state code regarding civil infractions of commerce.

Were these like municipal police that just took your wife?

Yeah. And also, Michael, if this is at the city police station, a lot of times the municipal court clerks' desks,

Well, go to the municipal clerks' window tomorrow as soon as you can and pull any records with your wife's name on it that they have.

Municipal police taking your wife three hours away to a hospital?

A friend was driving, and then the municipal police.

Southern Connecticut, and then the municipal police said that

Well, the other thing is, is this alleged enforcement occurring under a state law or municipal ordinance?

I took their community service. This is a little downtown municipal something community

And so a second time, the municipal court sent him the same paperwork and there's a

Anyway as usual municipal court judge said he didn't care and in fact I even tried to

How do I bring this to a municipal police force?

And how does the municipal police department come into existence and gain authority?

in the form of a municipal police department.

on your mind tonight hi um in municipal court if the defendant pleads not guilty the complaint

i like to comment on the private uh privacy of these private cops and municipal corporations

can delegate uh his duties to a private cop known as a municipal corporation policeman

constitution for municipal meaning corporate slash private police forces um so what we've got is we've

If a municipal officer-elect fails to qualify for office within 30 days after the date of the officer's election,

Well, that seems pretty clear, except that I haven't found any municipal officials that pay any attention to law that affects them whatsoever.

I've never heard of a municipal judge being up for election in Austin.

Municipal judges are appointed.

And it specifically stated that the municipal judges had to be elected.

But you will see, and I do hear the music, Debra, but you will see in this section that this specifically deals with municipal officer elect.

Now, even though, Randy, this particular section of Texas statute deals only with municipal officer elect,

the lack of that federal oath would still fall upon the head of any municipal or state officer, would it not,

We put the City of Austin where they have to elect their municipal judges.

the city attorney is telling the municipal judge that it doesn't matter if I have a complaint.

The law specifically says the city attorney is the only prosecutor allowed to prosecute in a municipal court,

while at the same time stating the municipal court has concurrent jurisdiction with state law

The municipal attorney, the city attorney, cannot prosecute in the name of the state,

and since they are the only prosecutor allowed in a municipal court,

that automatically removes the authority of the municipal court to prosecute state law violations,

And guys, I wanted to bring something up while we were on the topic of municipal issues.

that an information separate from the complaint must be presented for a municipal court to

for a municipal court to establish subject matter jurisdiction? The fact that 46.01 Code

in county court has a different meaning than a complaint in justice or municipal court.

In the latter, injustice or municipal court.

Well, they refused the petition in the latter, meaning a justice or municipal court

Where they said that the complaint could serve as the charging instrument in a justice or municipal court.

Now, an appointed municipal judge apparently can.

So can a municipal court of record judge.

remanded back to a justice or municipal court for the purpose of an arraignment? Now, those

ability to prosecute and the municipal court's ability to hear the case and so on and so

that it involves anything other than a fine removes the authority from a municipal or

So the first thing is this is a municipal court

And all the police the local municipal police up there and the sheriffs deputies and everything they know the deal and they know the law too

So if the local police are writing traffic tickets and the local municipal courts are keeping the revenue, aren't they defrauding the state?

Now, why was this not dismissed in municipal court?

If the city attorney prosecuted in the municipal court, then you're going to retroactively file criminal charges

You're going to file your objections based on the fact the original municipal court had no subject matter jurisdiction

Okay. And then on the original documents that came from the Leander Municipal Court, the seal on the front of it, I just noticed it when I got these documents.

Yes. Every municipal court is a corporation court.

But it's not the same attorney that was in the municipal court?

it's called the Municipal Court.

Well, apparently the airport is the municipal airport.

It's municipal airport.

The city could kick them out because it's a municipal airport.

Actually, these municipal courts are just there to generate money.

No, he's going to direct you to a municipal judge,

Okay, this was a municipal or county?

If the officers were municipal police, then for the personal recording devices, information,

This is a statute that refers to the JP and municipal courts.

The county and district courts can request, can ask for a written request and take up to 10 days to respond, but the county, but the municipal and JP courts cannot.

And anyhow, we've gone through the municipal and we're now over at the county under appeal and there's two court dates left.

That's exactly one of the issues that I've got from some of these folks that are writing me regarding trials in municipal courts.

in authorizing a municipal court and municipal attorney to have prosecutorial authority over the people.

Also, I guess the topic that you were talking about tonight had to do with the municipal matter

for someone else with a traffic ticket in the municipal court,

They still like to insist in municipal courts and justice courts that it's not required.

But I was wondering in the interim of that, what was the Texas law that required that municipal ordinances were not, I forget the legal term.

Municipal courts give authority.

And through communicating with the clerk of the municipal court that they have here, I've

set it up under the authority of the municipal court.

the hearings in this regular old municipal court.

But if they hold them in the municipal court, then they still have to adhere to the Texas

under the municipal court.

What court was it done under if it wasn't the municipal court?

No, it was done in an administrative court and the municipal court.

Well, that was our position and that the municipal order should be thrown out because the municipal

Why wouldn't you file it in the municipal court?

Because the municipal court won't have jurisdiction because that's a traffic court.

When we've had issues in the municipal court where they've set up bad procedures, bad problems,

And I went to the city before the municipal court judge

The municipal court judge's decision in photo-enforced tickets

this is an example of you know municipal problems

or attempts to collect the debt related to red light cameras on the part of municipal government.

The closest one actually deals with police officers and municipal employees.

and it's from the municipal court in the city of Austin, but I do not live in Austin.

I'm not understanding how the Austin municipal court could issue a restraining order.

The thing is, is the municipal court would not have jurisdiction of a family violence case.

and it says in the municipal court, state of Austin, Texas.

Municipal courts may be authorized to issue restraining orders in certain limited circumstances,

I can't see where the municipal court could have subject matter jurisdiction.

It says municipal court, city of Austin, Texas.

They are going directly to the municipal governments and the county commissioners and especially

less than $10,001 in that court so that they can give municipal court's jurisdiction up

What it was, it started off with a seat belt ticket, took it to municipal court.

Yeah, in the municipal courts that's normally not necessary

Well, yeah, there's several things, specifically, since this is a Texas case, is this a municipal court?

Austin Municipal Court rules of conduct, it's kind of a double standard. I guess we're not

Well, never say easy win when you're dealing with a crooked municipal judge.

Municipal court of such-and-such city or state court of such-and-such state.

a lot of municipal court stuff. It's called municipalcourtfraud.com, and on there I have

in the municipal court or if they've had some good experiences, and this is kind of in the

As you are the defendant in the proceedings in the municipal court, any issues you have

A municipal court cannot hear anything about those criminal allegations. You can file

45.18 Code of Criminal Procedure tells you what the requisites of a complaint are in a municipal or justice court

If this is a municipal court, the law is very clear

Which is exactly why there's never an information filed in a municipal court where the city attorney is the prosecutor

Yes, a municipal judge

Exactly, in that case a municipal judge is usually a practicing attorney

Okay, so she found out that it's a city attorney that's prosecuting the case in municipal court.

which is 45.201, which is the fact that municipal city attorney will represent the municipality in all municipal court cases.

and where the authority from the municipal police department comes to be able to enforce the transportation code

unless you happen to be in a municipal court of record, which I doubt.

It's a municipal court of record.

You have a municipal court judge that is denying people in their court a fair and impartial trial.

Was it a county cop, state trooper or municipal cop?

Municipal I guess.

Did he send you to the municipal court?

The next thing is if they send you to municipal court, then of course they're going to try

to have the municipal attorney, the city attorney prosecute the case.

But what's going to happen here is the municipal judge is going to deny all of your motions

Though in Travis County, I think the Austin Municipal Court is a court of record, but

from the municipal judge and from the city attorney, dismissing the entire case.

And that's the Austin Municipal Court, right Randy?

Yeah, that's the Municipal Court in Austin.

Is there anything that prohibits a counterclaim in a municipal court?

Where in a court of record, a municipal court of record, the judge has to be elected.

Deborah, do you ever remember an election for municipal judges in Austin?

Yeah, it was in the government code concerning courts of record, municipal courts of record.

Well, it appears for the municipal court judge Lubbock and El Paso that is where they're elected.

Okay. Then it's a municipal court, right? Yes.

cases that come within the criminal jurisdiction of the justice courts and municipal courts.

or municipal court and a meaningful opportunity for that person to be heard.

Criminal proceedings in the justice and municipal courts shall be conducted in accordance with

What's our remedy for moving it from a justice or municipal court to a court that has more

That's why there never is one in a municipal court, because the city attorney can't sign

Now let me read you what the title of Chapter 45 is, Justice and Municipal Courts.

Now by definition, a justice and municipal court in Texas has zero jurisdiction over

So how can a justice and municipal court order community service in lieu of a fine?

Now that being said, and the way this is titled, Being Justice and Municipal Courts, why are

in a justice or municipal court.

So what's it doing in a chapter that is titled Justice and Municipal Courts?

prosecute in municipal court for a violation of state law.

I went into Pflugerville Municipal Court, asked for a copy of evidence of a complaint, a complaining party, ended up going back an hour and a half later.

where it went up to appeal to the municipal court.

And so now this person has no choice but to appeal to the municipal court itself.

It's a sham hearing, and now I'm going to the municipal court.

And fortunately, that municipal judge also ruled in our favor.

And if you want to appeal higher than that, there has to be a court reporter at the municipal court.

The city of Austin municipal court is a court of record, but there's no record

So as far as I'm concerned, a police officer in Texas is nothing more than a municipal security guard on a power trail.

Yeah, and municipal police, what we found basically, they're only authorized by under law to enforce city ordinances, right, Eddie?

The municipal court in Austin is required, by the way, these types of cases can only be heard in the court of record.

But if you get to the appellate court for the municipal court before the judge, the judge will probably ask you if you want to have a court reporter.

and you can get that from the City of Austin Municipal Building.

The municipal judges are trying to require the cash bond, and there is nothing in statute that authorizes that.

over this municipal judge who is trying to require the double cash bond.

instead of going directly to the municipal court,

and you're going to appeal it to the municipal court, okay?

And it has to be a municipal court of record.

In the municipal court, it will be just the judge and you, the prosecutor, probably a police officer,

There is no jurisdictional authority in either a justice or a municipal court

a counter complaint, would this be filed in the municipal court,

in a district court, because you can appeal a municipal court decision

other court. And for a JP or municipal court to claim that your right to due process is

This was the county court that was dismissing all these cases, not the municipal or justice court.

Is this a municipal court or a county court you're going into?

You can take it to a municipal judge, a justice of the peace,

got their municipal court set up, and so they called the administrator out, and it was not

in the municipal traffic court, just the judge, and just screaming out one after the trying

municipal court, even though they're not certified, have any officers certified, they're not,

Yeah, but at the municipal level, it's not necessarily open records.

Okay, Randy, even if at the municipal level concerning building ordinances,

code ordinances and stuff, even if that's open records at the municipal level,

even if the municipal building inspectors didn't have jurisdiction,

Okay, so since when does the municipal police department

and the municipal prosecutor have anything to do with national security anyway?

It's a municipal entity.

over that property, it's a municipal piece of property,

But the municipal court system is so corrupt that they will pull anything.

And so whenever I'm dealing with the municipal courts, I tell everybody,

when you're dealing with the municipal courts, don't mail anything.

but I don't know anything like that at the municipal level.

municipal courts? Where's the ones for the judges or the prosecuting attorneys at the county or

This is in a municipal court, right?

It's... yeah, it's just a municipal court.

What would he be asking the county court to order the municipal court to do?

And what would he be petitioning the county court to order the municipal court to do?

Has the municipal court denied your motion for continuance yet?

to say, well, the municipal court hasn't denied him a writ of a continuance yet, so why are

I would think that the municipal court would have to deny his motion for continuance first

is going to say, why are you bothering us about it, to order the municipal court to

grant him a continuance when he hasn't even asked the municipal court for a continuance

Shouldn't he petition the municipal court for a continuance first and have that denied

before he petitions the county court to order the municipal court for the continuance?

You haven't even asked the municipal court for the continuance yet.

You have to ask the municipal court for the continuance first, and then it has to get

This is in a municipal court.

And the way we do that is you involve more important people in the municipal judges maneuverings.

These municipal courts, they're the dumbest ones around and they do the dumbest stuff.

They're in a municipal court because they can't make it as an attorney in the real world.

And then they'll be on the phone to this municipal court wanting to know what the heck is going

His municipal judges are also attorneys.

or in municipal court.

It's clear that, especially in the traffic courts, the municipal judges simply do not have a clue.

On the traffic tickets that I was originally going for when the comptroller acted in collusion with the municipal police department

Well, I know for a fact this guy called the municipal police department today, and I know he called the State Department of Public Safety.

Is this a municipal court or a justice court?

I went to look at my municipal court public inquiry online,

Oh, but I mean, like, the sheriff or the municipal police department, do they get to enforce those laws?

and I've got 481 total between the municipal police department

The Office of Municipal Rules say I'm supposed to get everything in 14 days, not seven.

You know, you're obstructing my business or, you know, in the municipal building.

being handed out by municipal police.

Municipal police work for the municipality.

most of the traffic tickets are given by municipal police in big cities,

with the municipal police giving traffic tickets.

the city prosecutor, the municipal prosecutor,

has no authority to prosecute state laws in the municipal courts.

I'm appealing a municipal ticket,

at the municipal level is not a necessary and ancillary

to be the people's protectors, not municipal rent-a-costs.

Municipal police are only authorized

infinitely more friendly and helpful than the municipal folks are. They act like everyone

As I told them, they are by far more helpful than the folks over at municipal have ever been.

They brought an entire army of municipal police officers with them armed with automatic weapons

I have felony after felony after felony, misdemeanor after misdemeanor against municipal police

They're being assisted in both cases by the municipal police department.

that's allowed to perform civil seizures, not the municipal police department.

municipal courts, it doesn't matter.

They prosecute a lot of these criminal charges in municipal court civilly.

To a municipal or JP, usually, yes.

Municipal and justice courts cannot hold arraignments

it's county court and it's not municipal court or justice of the

Now it says for arraignment in the justice or municipal court,

arraignment, and a justice or municipal court cannot hold an arraignment.

law enforcement and the Texas Municipal League is one of the biggest educators of the municipal

The entire reason you're in that court is because of the acts of this municipal judge and these municipal officers, right?

They created a separate standing army known as the Municipal Police Forces.

of municipal police.

This is in the municipal court.

They're not like these municipal judges who are chumps they drag out of the gutter

And they're trying to prosecute him in the municipal court in Austin and so far they have altered videos and lied like dogs

And apparently that same day the head judge and head prosecutor for Austin Municipal Court

Didn't they change the statute so that a JP or a municipal judge could do an arraignment?

the worst threat to the American people's liberty and safety is the municipal police

at the administrative level before it actually goes into the municipal court

from the court do i get that from the municipal court or whichever court this case was involved in

and municipal judges or district judges in the state of texas are not required to take criminal

attorney for the state. You find me a single municipal court or justice court magistrate

The courts, the municipal courts want to say speedy trial right just does not matter

Okay, let me explain why this intrigues me because most of the municipal judges I know are incredibly incompetent

It's just that these low-level prosecutors and municipal judges are incompetent

And I've got a police chief where I found on the municipal code that he was to deliver suspects

Another interesting twist here, Eddie, is they have a municipal code for the

They're supposed to be run by municipal tax revenue.

And they've got almost every municipal code in the United States here for most cities and towns

However, 45.01 that used to say the same thing about the municipal courts being able to proceed upon complaint alone

for the municipal fees, the bond,

Austin Municipal bonds, I'll tell you one thing right now.

The legislature has created a catch-22 for the municipal court.

the city attorney shall prosecute in the municipal court.

It simply says the city attorney shall be there for all prosecutions in the municipal court.

because the statute, the municipal code is exactly the same as the statute.

The municipal code must be based on a statute, anything,

The appellate courts here are the same way when you go from the JP or the municipal into the county.

and the Texas Transportation Code in the way they conduct business at the municipal court.

So basically what they're doing is they are turning the municipal court,

because the municipal court and the city prosecutor

For the mayor to be aware that his municipal court judge

And the municipal court is in violation?

in which this is filed, the municipal police officer has intentionally

November 1st, talking about the corruption in the municipal court system.

one from the police, one from the municipal court.

for her arrest from the municipal court

is given specific authority to try all cases at a municipal court.

or the county attorney is the one that must prosecute it in municipal court.

And Chapter 45 says the county attorney can prosecute in municipal court.

Travis County Municipal Court or Austin Municipal Court

yet is not well known by the people in the municipal court?

You have these people go sit through some of these sessions in municipal court.

And the fact that municipalities have only authority for municipal property only

Oh, this is municipal court and it's from the city of Southside

This is a municipal court, right?

Okay so now we've got a municipal prosecutor that has admitted this in open court in College Station

And that is true, but the complaint also is not a valid charging instrument, not even in municipal court

of some of their municipal and district courts,

It's very unlikely that a municipal court is going to move the IRS to get involved in one of their messes.

And I had some interesting things on municipal courts.

They're claiming that municipal court actions are valid, that they are law, as long as they don't deviate from state law.

Okay. This is going to be Tuesday at the municipal court in Austin?

This all started because of madness with TSA and the Austin Municipal Airport.

And TSA shouldn't even be there because it's a municipal airport.

I was thinking, well, they're not doing anything much different than what's going on down at the Austin Municipal Courts, okay?

Yeah, that's the municipal, the clerk of the municipal court.

It used to be 45.01, which said that a municipal court can proceed in criminal prosecution upon complaint alone.

no matter how many of these ignorant municipal judges want to think they can do it.

And justice and municipal courts.

filed so many complaints and so many other things in your court case in municipal court