MUNICIPAL COURT
TITLE 3
MUNICIPAL COURT
CHAPTER
1. CITY JUDGE.
2. COURT ADMINISTRATION.
3. WARRANTS, SUMMONSES AND SUBPOENAS.
4. BONDS AND APPEALS.
CHAPTER 1
CITY JUDGE
SECTION
3-101. City judge.
3-101. City judge. The officer designated by the charter
to handle judicial matters within the town shall preside over the city court and
shall be known as the city judge. The city judge shall receive such monthly
salary as shall be provided by ordinance of the town council, in lieu of court
costs, for the satisfactory performance of his duties. (1989 Code, ? 1-701)
CHAPTER 2
COURT ADMINISTRATION
SECTION
3-201. Maintenance of docket.
3-202. Imposition of fines and costs.
3-203. Disposition and report of fines and costs.
3-204. Disturbance of proceedings.
3-205. Trial and disposition of cases.
3-201. Maintenance of docket. The court clerk shall keep a
complete docket of all matters coming before the city judge sitting in his
judicial capacity. The docket shall include for each defendant such information
as his name; warrant and/or summons numbers; alleged offense; disposition; fines
and costs imposed and whether collected; whether committed to workhouse; and all
other information that may be relevant. (1989 Code, ? 1-702)
3-202. Imposition of fines and costs. All fines and costs
shall be imposed and recorded by the court clerk on the city court docket in
open court.
In all cases heard or determined by him, the city judge
shall tax in the bill of costs the same amounts and for the same items allowed
in courts of general sessions for similar work in state cases and shall cause
the court clerk to remit said costs to the town council. (1989 Code, ? 1-708)
3-203. Disposition and report of fines and costs. All
funds coming into the hands of the city court clerk in the form of fines costs,
and forfeitures shall be recorded by him and paid over daily to the town. At the
end of each month he shall submit to the town council a report accounting for
the collection or non-collection of all fines and costs imposed by his court
during the current month and to date for the current fiscal year. (1989 Code, ?
1-711)
3-204. Disturbance of proceedings. It shall be unlawful
for any person to create any disturbance of any trial before the city court by
making loud or unusual noises, by using indecorous, profane, or blasphemous
language, or by any distracting conduct whatsoever. (1989 Code, ? 1-712)
3-205. Trial and disposition of cases. Every person
charged with violating a municipal ordinance shall be entitled to an immediate
trial and disposition of his case, provided the city court is in session or the
city judge is reasonably available. However, the provisions of this section
shall not apply when the alleged offender, by reason of drunkenness or other
incapacity, is not in a proper condition or is not able to appear before the
court. (1989 Code, ? 1-706)
CHAPTER 3
WARRANTS, SUMMONSES AND SUBPOENAS
SECTION
3-301. Issuance of arrest warrants.
3-302. Issuance of summonses.
3-303. Issuance of subpoenas.
3-301. Issuance of arrest warrants. The city judge shall
have the power to issue warrants for the arrest of persons charged with
violating municipal ordinances. (1989 Code, ? 1-703)
3-302. Issuance of summonses. When a complaint of an
alleged ordinance violation is made to the city judge, the judge may in his
discretion, in lieu of issuing an arrest warrant, issue a summons ordering the
alleged offender to personally appear before the city court at a time specified
therein to answer to the charges against him. The summons shall contain a brief
description of the offense charged but need not set out verbatim the provisions
of the ordinance alleged to have been violated. Upon failure of any person to
appear before the city court as commanded in a summons lawfully served on him,
the cause may be proceeded with ex parte, and the judgment of the court shall be
valid and binding subject to the defendant’s right of appeal. (1989 Code, ?
1-704)
3-303. Issuance of subpoenas. The city judge may subpoena
as witnesses all persons whose testimony he believes will be relevant and
material to matters coming before his court, and it shall be unlawful for any
person lawfully served with such a subpoena to fail or neglect to comply
therewith. (1989 Code, ? 1-705)
CHAPTER 4
BONDS AND APPEALS
SECTION
3-401. Appearance bonds authorized.
3-402. Appeals.
3-403. Bond amounts, conditions, and forms.
3-401. Appearance bonds authorized. When the city judge is
not available or when an alleged offender requests and has reasonable grounds
for a delay in the trial of his case, he may, in lieu of remaining in jail
pending disposition of his case, be allowed to post an appearance bond with the
city judge or, in the absence of the judge, with the ranking police officer on
duty at the time, provided such alleged offender is not drunk or otherwise in
need of protective custody. (1989 Code, ? 1-707)
3-402. Appeals. Any defendant who is dissatisfied with any
judgment of the city court against him may, within ten (10) days next after such
judgment is rendered, appeal to the next term of the Roane County circuit court
upon posting a proper appeal bond. (1989 Code, ? 1-709)
3-403. Bond amounts, conditions, and forms. An appearance
bond in any case before the city court shall be in such amount as the city judge
shall prescribe and shall be conditioned that the defendant shall appear for
trial before the city court at the stated time and place. An appeal bond in any
case shall be in the sum of two hundred and fifty dollars ($250.00) and shall be
conditioned that if the circuit court shall find against the appellant the fine
and all costs of the trial and appeal shall be promptly paid by the defendant
and/or his sureties. An appearance or appeal bond in any case may be made in the
form of a cash deposit or by any corporate surety company authorized to do
business in Tennessee or by two (2) private persons who individually own real
property located within the county. No other type bond shall be acceptable.