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Level One
Court test
222
Other
Not Applicable
09/09/2025
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Term
1 . Explain the term “adversarial legal system” as it relates to American criminal courts.
 Definition
1. An adversarial legal system is one in which the case is viewed as a struggle between two opposing sides. Each side acts in its own interest, presenting its case in the best possible light to the court. The judge remains neutral. The theory of this process is that the trier of fact will be able to determine the truth if the opposing parties present their best arguments. Decisions are based upon the evidence presented and the applicable law.
Term
2. Define common law and give an example applicable to municipal courts.
 Definition
2. Common law refers to a legal system based on judicial decisions rather than legislative action. Today, many common law principles have been incorporated into current codes and statutes. Important rights and legal concepts such as the waiver of trial by jury (Arts. 1.13 and 45.025/45A.155, C.C.P.), the defense of necessity (Sec. 9.22, P.C.), and the defense of justification (Sec. 9.02, P.C.) all spring from the English common law.
Term
3. Identify and briefly describe the role of each branch of government.
 Definition
3. The legislative branch enacts the laws; the executive enforces the laws; and the judiciary interprets and applies the laws.
Term
4. Explain the reasoning and significance of separation of powers.
 Definition
4. To prevent the accumulation of too much power into too few hands, the U.S. Constitution divides the government into three equal branches: the legislative, the executive, and the judicial. The theory is that if legal power is divided into three branches, no one branch will be able to dominate the other two and impose its own theory of justice on the public.
Term
5. What are the first 10 amendments to the U.S. Constitution called?
 Definition
5. The Bill of Rights
Term
6. List the courts established by the Texas Constitution.
 Definition
6. Supreme Court of Texas, Texas Court of Criminal Appeals, intermediate courts of appeals, constitutional county courts, district courts, and justice courts.
Term
7. Define jurisdiction.
 Definition
7. Jurisdiction is the authority and legal power to hear and decide cases.
Term
8. What are the two highest appellate courts in Texas?
 Definition
8. Supreme Court of Texas and Texas Court of Criminal Appeals
Term
9. Explain the difference between a civil and criminal case.
 Definition
9. A civil case usually deals with private rights of individuals, groups, or businesses. A civil lawsuit can be brought when one person is wronged or injured by another person. A criminal case is legal action brought by the State of Texas against a person charged with committing a crime.
Term
10. Which is the highest Texas appellate court with jurisdiction over civil cases?
 Definition
10. Supreme Court of Texas
Term
11. How are appellate courts different from trial courts?
 Definition
11. The appellate courts hear cases based upon the “record” (a written transcription of the testimony given, exhibits introduced, and the documents filed in the trial court) and the written and oral arguments of the appellate lawyers. Unlike the trial courts, the courts of appeals do not receive testimony nor hear witnesses when considering cases on appeal.
Term
12. What is meant by trial de novo?
 Definition
12. When a case is appealed from a non-record municipal court, it is retried at the higher level as though it is a new case since there is no record of the case from the lower court. Hence, trial de novo means trying a matter anew; the same as if it had not been previously heard before and as if no decision had been rendered.
Term
13. Explain how the jurisdiction of justice courts is different from municipal courts.
 Definition
13. Justice courts do not have jurisdiction over city ordinances, except in one instance: a violation of a city ordinance that arises in a city’s extraterritorial jurisdiction involving signs. They have jurisdiction over foreclosure and forcible entry and detainer cases; municipal courts do not. Justice courts have much greater civil jurisdiction than municipal courts.
Term
14. What authority creates and grants authority to municipal courts?
 Definition
14. The Texas Legislature
Term
15. Name the two types of municipal courts, which dictate how municipal court proceedings are conducted.
 Definition
15. Court of record or court of non-record
Term
16. What kind of cases must be initiated in municipal court and not in any other court?
 Definition
16. Violation of city ordinances and the resolutions, rules, and orders of a joint airport board that occur in the territorial jurisdiction of the city and property owned by the city in the city’s extraterritorial jurisdiction (ETJ).
Term
17. With which courts does municipal court share jurisdiction?
 Definition
17. Justice courts and county courts. Some courts of record may share jurisdiction with district courts.
Term
18. Over which type of criminal offenses does municipal court share jurisdiction with the justice courts?
 Definition
18. State law, fine-only offenses
Term
19. What is the geographic jurisdiction of the municipal court?
 Definition
19. Generally, within the territorial limits of the city
Term
20. What are the penalty limits of offenses over which municipal courts have jurisdiction?
 Definition
20. Fine-only or other sanctions, authorized by law, that do not consist of confinement in jail or imprisonment
Term
21. Can a municipal court case result in suspension of the defendant’s driver’s license by the Department of Public Safety? If so, why?
 Definition
21. Yes. Courts may impose sanctions in addition to the fine, not consisting of confinement in jail or imprisonment. The imposition of a sanction or the denial, suspension, or revocation of a privilege does not affect the original jurisdiction of the local trial courts in Texas.
Term
22. Give an example of an offense for which the penalty requires a sanction in addition to paying a fine.
 Definition
22. Minor DUI: alcohol awareness or substance misuse education program, community service, DL suspension
Term
23. What is the maximum amount of a fine for a Class C misdemeanor offense in the Penal Code?
 Definition
23. $500
Term
24. What is the maximum amount of a fine for a Class C misdemeanor outside of the Penal Code?
 Definition
24. As long as the offense is punishable by a fine only, maximum amount is set by the Legislature.
Term
25. What is the maximum penalty that a city council can establish for ordinance offenses involving public health and fire safety violations?
 Definition
25. $2,000
Term
26. If both the municipal and justice court have concurrent jurisdiction over a criminal case, which court retains jurisdiction?
 Definition
26. The court in which the complaint (or citation) is first filed retains jurisdiction.
Term
27. Why are lasting impressions of the American justice system often formed in municipal courts?
 Definition
27. More citizens come into personal contact with municipal courts than with all other Texas courts combined. Public impression of the judicial system is affected and shaped in large measure by the proceedings of the municipal court.
Term
28. What court(s) have jurisdiction in the cases described below: - An appeal from a district court: - A divorce case: - A speeding ticket: - An appeal from a municipal court:
 Definition
28. • An appeal from a district court: Court of Appeals • A divorce case: District Court • A speeding ticket: Municipal or Justice Court • A felony murder case: District Court • An appeal from a municipal court: County Court - A felony murder case:
Term
29. City managers may establish traffic revenue quotas as part of evaluating the court’s performance.
 Definition
29. False (Section 720.002 of the Transportation Code prohibits quotas on municipal courts).
Term
30. Judges may consider factors related to revenue for the city in determining the fine and court costs in an individual’s case.
 Definition
30. False (judicial decisions may only be made on the basis of facts in evidence and laws).
Term
31. Prosecutors help investigate and decide what complaints are filed in court.
 Definition
31. True.
Term
32. The judge and clerk may help the prosecutor, police officer, and/or code enforcement officer investigate a crime.
 Definition
32. False (judges are neutral and unbiased).
Term
33. Indicate which office(s) to call if you need assistance on: - Training and written materials on court process and procedure: Statistical data on other courts of your size: Driving records: - Help with collecting the proper court costs: ____________________________________ - General information on city government: _____________________________________ - A question about judicial ethics: ____________________________________________ - A question about the crime victims program: __________________________________ - Questions about the court clerks’ certification program: __________________________ - A legislative proposal regarding prosecutors in municipal court: ___________________
 Definition
33. • Training and written materials on court process and procedure: Texas Municipal Courts Education Center • The proper forms to report traffic convictions: Department of Public Safety • Statistical data on other courts of your size: Texas Judicial Council/Office of Court Administration • Driving records: Department of Public Safety • Help with collecting the proper court costs: State Comptroller of Public Accounts • General information on city government: Texas Municipal League • A question about judicial ethics: State Commission on Judicial Conduct • A question about the crime victims’ program: Attorney General’s Office • Questions about the court clerks’ certification program: Texas Municipal Courts Education Center or Texas Court Clerks Association • A legislative proposal regarding prosecutors in municipal court: Texas Municipal Courts Association or Texas Municipal League
Term
1. The judge plays an adversarial role in court. ____
 Definition
1. False.
Term
2. If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and represent the State. 3. The prosecutor, with the consent of the judge, has the authority to dismiss a case.
 Definition
2. False.
Term
3. The prosecutor, with the consent of the judge, has the authority to dismiss a case.
 Definition
3. False.
Term
4. The prosecutor is responsible for preparing and drafting complaints and may ask the clerk for assistance. ____
 Definition
4. True.
Term
5. A court clerk may exercise judicial discretion. ____
 Definition
5. False.
Term
6. What is the longest term of office that a city may set for municipal judge? How may a city provide for this term of office? _______________________________________________ _________________________________________________________________________
 Definition
6. The Texas Constitution authorizes cities to provide for a term not to exceed four years for the municipal judge. A city may provide for this term through its city charter or by majority vote, depending on whether it is a home-rule or general-law city. For municipal courts of record, however, the term of office for judges is established by the ordinance that created the office, for a definite term of two or four years.
Term
7. May a non-attorney parent represent his or her child in court if that person is named in a power of attorney? Why or why not? ___________________________________________ _________________________________________________________________________ _________________________________________________________________________
 Definition
7. No, a non-attorney may not represent another person in court proceedings regardless of any relationship or power of attorney document. A power of attorney, despite its name, does not permit a person to act as a licensed attorney representing others in court. A person must be an attorney at law, licensed to practice in Texas.
Term
8. What qualifications are required to practice law in Texas? __________________________ _________________________________________________________________________
 Definition
8. Minimum qualifications to become an attorney in Texas are a law degree (Doctor of Jurisprudence or J.D.) and a valid Texas Law License.
Term
9. How often must the statement of officer and oath of office be filed? ________________________________________________________________________
 Definition
9. Every time appointment, election, reappointment, or reelection occurs; with each new term of office.
Term
10. When can a mayor in a general-law city be the ex officio municipal judge? _____________ ________________________________________________________________________
 Definition
10. In a general-law city, the mayor is the ex-officio judge of the municipal court. The mayor continues as municipal judge during his or her term as mayor unless the municipality, by ordinance, authorizes the election of a judge or provides for the appointment and qualifications of a judge by ordinance. After the ordinance is adopted by the city council, the mayor ceases to act in the capacity of a judge, even if the position of judge is vacant.
Term
11. What governs the selection of municipal judges in a home-rule municipality?___________ ________________________________________________________________________
 Definition
11. The city’s charter.
Term
12. What must a general-law city do when a municipal judge is temporarily unable to act? ___ ________________________________________________________________________ ________________________________________________________________________
 Definition
12. If a municipal judge of a general-law city is temporarily unable to act, the governing body may appoint one or more persons meeting the qualifications for the position to sit for the regular municipal judge. The appointee has all powers and duties of the office and is entitled to compensation.
Term
13. What is a question of law? ___________________________________________________
 Definition
13. A question of law is an issue involving application or interpretation of a law.
Term
14. What is a question of fact? __________________________________________________
 Definition
14. A question of fact is an issue involving resolution of a factual dispute.
Term
15. What is judicial discretion? __________________________________________________
 Definition
15. Judicial discretion is the exercise of judicial judgment. Judges’ discretion to make decisions must be guided by law and be based on facts and is the power to determine what, under existing circumstances, is right or proper.
Term
16. When does a judge not have discretion to perform an action? _______________________ _______________________________________________________________________
 Definition
16. When a law prescribes a certain way to perform a certain action, the judge has no discretion.
Term
17. Which kind of duty may a judge delegate to a court clerk? _________________________ ________________________________________________________________________
 Definition
17. Judges can delegate a ministerial duty to the clerk.
Term
18. Clerks may set and take bail from a defendant. ____
 Definition
18. False.
Term
19. The clerk may ask the defendant how he or she wants to plea. ____
 Definition
19. False.
Term
20. When a defendant calls the court to request that the clerk reset his or her case to another trial date, the clerk may grant the continuance and reset the case. ____
 Definition
20. False.
Term
21. Clerks may not conduct trials. ____
 Definition
21. True.
Term
22. Clerks may set fines. ____
 Definition
22. False.
Term
23. Clerks may grant extensions and time payment plans to defendants
 Definition
23. False.
Term
24. Clerks may require a defendant to pay a fine by performing community service.
 Definition
24. False.
Term
25. The judge has authority to waive all or part of the fine or costs if the defendant is indigent or does not have sufficient resources or income to pay all or part of the fine or costs and discharging the fine or costs by community service or installment payments would impose an undue hardship. ____
 Definition
25. True.
Term
26. Clerks may not issue arrest warrants. ____
 Definition
26. True.
Term
27. Municipal court clerks have the authority to issue a capias. ____
 Definition
27. False.
Term
28. Only a judge may issue a summons for a defendant. ____
 Definition
28. True.
Term
29. When a judge is not available, the clerk may grant deferred disposition or teen court. ____
 Definition
29. False.
Term
30. Judges can permit clerks to perform judicial duties and then later adopt the actions of the clerk. ____
 Definition
30. False.
Term
31. Municipal court clerks may stamp the judge’s signature on court documents when the judge is on vacation. ____
 Definition
31. False.
Term
32. When a judge is in the office part-time, the clerk may use the judge’s signature stamp to sign judgments on cases in which a defendant pays a fine at the clerk’s office. ____
 Definition
32. False.
Term
33. Municipal court clerks may stamp the judge’s signature on mental health commitments when the judge is not available and it is an emergency. ____
 Definition
33. False.
Term
34. Municipal court clerks cannot be held liable for performing a judicial duty if the judge requires the clerk to perform the duty. ____
 Definition
34. False.
Term
35. Municipal judges are magistrates. ____
 Definition
35. True.
Term
36. Municipal judges may perform duties that a magistrate has the authority to perform. ____
 Definition
36. True.
Term
37. Municipal judges, acting as magistrates, may issue emergency protection orders for an offense involving family violence. ____
 Definition
37. True.
Term
38. Only justices of the peace may conduct peace bond hearings. ____
 Definition
38. False.
Term
39. Municipal judges, acting as magistrates, may accept a complaint (probable cause affidavit) for a felony. ____
 Definition
39. True.
Term
40. Municipal court clerks may give magistrate warnings after a defendant is arrested when the municipal judge is not available. ____
 Definition
40. False.
Term
41. Municipal judges, acting as magistrates, may issue search warrants. ____
 Definition
41. True.
Term
42. Only justices of the peace may conduct license suspension hearings. ____
 Definition
42. False.
Term
43. Usually, clerks are responsible for establishing and maintaining a financial management program for the court. ____
 Definition
43. True.
Term
44. Although presiding judges have authority to administer the oath to someone swearing to a complaint, associate judges do not. ____
 Definition
44. False.
Term
45. A municipal judge may dismiss a case filed by a citation if the peace officer asks for the dismissal. ____
 Definition
45. False (Only a prosecutor may request a case be dismissed).
Term
46. When defendants present proof that they renewed an expired driver’s license, the clerk may dismiss the case. ____
 Definition
46. False.
Term
47. Clerks may dismiss an offense for failure to maintain financial responsibility if the judge is on vacation. ____
 Definition
47. False.
Term
48. What power does a judge use to exercise control in the courtroom? __________________ ________________________________________________________________________
 Definition
48. Contempt power.
Term
49. What Code gives municipal judges the authority to conduct marriage ceremonies? ______ ________________________________________________________________________________
 Definition
49. Family Code.
Term
50. What is a general-law city? __________________________________________________ ________________________________________________________________________
 Definition
50. A general-law city is one with a population under 5,000 or with a population of more than 5,000 that does not have a home-rule charter and is, therefore, governed by the general laws of the State.
Term
51. In a general-law city, is the municipal court clerk hired, appointed, or elected? _________ ________________________________________________________________________
 Definition
51. In general-law cities, the municipal court clerk may be either appointed or elected.
Term
52. What is a home-rule city? ___________________________________________________ ________________________________________________________________________
 Definition
52. A home-rule city is one that has a charter that governs it, and therefore has a measure of self-government.
Term
53. In a home-rule city is the municipal court clerk hired, appointed, or elected? ___________ ________________________________________________________________________
 Definition
53. In a home-rule city, the municipal court clerk may be hired, appointed, or elected.
Term
54. City secretaries may never hold the office of court clerk. _____
 Definition
54. False.
Term
55. In a general-law city, a court clerk automatically serves for a two-year term unless the city provides by ordinance for a longer term. _____
 Definition
55. True.
Term
56. In a general-law city, the city manager may fill a vacancy for the unexpired term of a court clerk’s office. _____
 Definition
56. False.
Term
57. Every time someone is elected, appointed, or reappointed, he or she is required to swear to an anti-bribery statement and to take an oath of office. _____
 Definition
57. True.
Term
58. An elected or appointed official may perform official duties before filing the anti-bribery statement with the official records of the office. _____
 Definition
58. False.
Term
59. List the general duties of the municipal court clerk.
 Definition
59. General duties of the clerk include: • keep minutes of the court proceedings;• issue (prepare) process; and• generally perform the duties for the municipal court that a county clerk performs for a county court.
Term
60. If a city does not have an ordinance governing the destruction of records and a clerk wants to destroy records, what must the clerk do?
 Definition
60. The clerk must get permission from the State Library and Archives Commission to destroy the records.
Term
61. Both clerks and judges
 Definition
61. True.
Term
62. Court clerks may prepare warrants but not sign them. ____
 Definition
62. True.
Term
63. Only judges may grant driving safety courses, but clerks may give defendants the paperwork on court requirements for processing their cases. _____
 Definition
63. True.
Term
64. What type of records is a municipal court clerk of a court of record required to keep Practice Note Standing orders are generally a best practice but are not required or defined by any statute. They are, however, a means to clearly document the authority delegated to the court clerk. Judges have complete discretion over whether to utilize standing orders. Such orders should not unduly interfere with a defendant’s ability to appear before the judge. Level I 2024-2025 Role of the Court Clerk • 2-32 regarding traffic offenses? ___________________________________________________ ________________________________________________________________________
 Definition
64. Municipal court clerks of courts of records are required to keep a record of each case in which a person is charged with a violation of law regulating the operation of vehicles on highways.
Term
65. In non-record courts, who is required to keep records of traffic offenses? ______________ ________________________________________________________________________
 Definition
65. In non-record courts, judges and magistrates are required to keep records of traffic offenses. Keeping these types of records is a ministerial duty that judges may delegate to the clerk.
Term
66. Who is required to report convictions and bond forfeitures of traffic offenses to the Department of Public Safety?_________________________________________________
 Definition
66. Municipal court clerks, judges, and magistrates are required to report convictions and bond forfeitures of traffic offense to the Department of Public Safety.
Term
67. When a prospective juror files a permanent exemption with the municipal court clerk, what is the clerk required to do? ___________________________________________________ ________________________________________________________________________
 Definition
67. The clerk is required to deliver a copy of the permanent exemption to the county voter registrar.
Term
68. When either the defense or prosecution demands a jury shuffle, what is the clerk required to do? ___________________________________________________________________ ________________________________________________________________________
 Definition
68. The clerk is required to randomly select jurors by computer or another process of random selection and shall write or print the names in the order selected on the jury list. The clerk shall deliver a copy of the list to the prosecutor and to the defendant or his or her attorney.
Term
69. When a defendant appeals his or her case, what is the clerk required to do? ____________ ________________________________________________________________________
 Definition
69. The clerk has a mandatory ministerial duty to forward the appeal to the appellate court.
Term
70. What is a clerk required to do when a bond forfeiture has been declared? ______________ ________________________________________________________________________
 Definition
70. When a forfeiture has been declared, the judge or clerk shall docket the case upon the scire facias (a special docket for bond forfeiture) or upon the civil docket.
Term
71. What is a clerk required to do when the victim is not present when an emergency order of protection is issued? ________________________________________________________ ________________________________________________________________________
 Definition
71. The clerk is required to send a copy of the order to the victim.
Term
72. What must a clerk or magistrate do when the magistrate suspends a concealed handgun license in an emergency protection order? _______________________________________ ________________________________________________________________________
 Definition
72. The clerk or judge must immediately notify the Texas Department of Public Safety.
Term
73. What is a clerk required to do after warrants have been executed? ____________________ ________________________________________________________________________
 Definition
73. Keep a copy of the warrants and supporting affidavits on file for public viewing.
Term
74. Who is custodian of the funds of the court in your city? ____________________________
 Definition
74. Answer may vary from city to city.
Term
75. When a defendant does not waive a jury trial, when may the clerk summon prospective jurors? __________________________________________________________________
 Definition
75. A clerk may summon prospective jurors when the judge issues a writ commanding the clerk to summon a list of citizens from which six qualified persons shall be selected.
Term
76. When may the clerk administer the oath to prospective jurors for voir dire? ____________ ________________________________________________________________________
 Definition
76. The clerk may administer the oath to prospective juror for voir dire when directed to do so by the judge.
Term
77. What information is required to be entered on the docket? __________________________ ________________________________________________________________________ ________________________________________________________________________
 Definition
77. Information to be entered into the docket:• the style and file number of each criminal action;• the nature of the offense charged; • the plea offered by the defendant and the date the plea was entered; • the date the warrant, if any, was issued and the return made thereon; • the date the examination of trial was held, and if a trial was held, whether it was by jury or by the justice or judge;• the verdict of the jury, if any, and the date of the verdict;• the judgment and sentence of the court, and the date each was given; • the motion for new trial, if any, and the decision thereon; and • whether an appeal was taken and the date of that action.
Term
78. Why may judges delegate the maintenance of the docket to the clerks? _______________ ________________________________________________________________________
 Definition
78. Because judges are required to keep a docket and there is no discretion as to the information required to be maintained, judges may delegate this ministerial duty to the clerk.
Term
79. List what a clerk is required to do concerning fraudulent documents. 80. Court clerks, deputy court clerks, and city secretaries may administer an oath to someone swearing to a complaint. ____
 Definition
79. A municipal court clerk is required to notify in writing the aggrieved person against whom the purported judgment, act, order, directive, or oral process is rendered. If the document or instrument purports to create a lien on real or personal property, the clerk is required to notify in writing the person named in the document at his or her stated or last known address. The clerk is required to provide this written notice not later than the second business day after the date that the document or instrument is offered or submitted for filing. The clerk is also required to post a warning sign with letters at least one inch in height that is clearly visible to the general public near the clerk’s office stating: IT IS A CRIME TO INTENTIONALLY OR KNOWINGLY FILE A FRAUDULENT COURT DOCUMENT OR INSTRUMENT.
Term
80. Court clerks, deputy court clerks, and city secretaries may administer an oath to someone swearing to a complaint. ____
 Definition
80. True. This authority is found in Art. 45.019/45A.101, C.C.P.
Term
81. Municipal court clerks may administer an oath pertaining to any matter in municipal court. ____
 Definition
81. True.
Term
82. Judges may ask the clerk to administer the oath to the six persons chosen for a jury. ____
 Definition
82. True.
Term
83. Why do municipal court clerks have authority to issue subpoenas? ___________________ ________________________________________________________________________
 Definition
83. Municipal court clerks have the authority to issue subpoenas because there is no discretion in issuing a subpoena; it is a ministerial duty.
Term
84. What wording goes on a non-record municipal court seal? __________________________ ________________________________________________________________________
 Definition
84. The statute requiring the seal does not provide the wording of the seal.
Term
85. What is the wording on a municipal court of record seal? __________________________ ________________________________________________________________________
 Definition
85. “Municipal Court of/in ___________, Texas.”
Term
86. What is the purpose of the municipal court seal? _________________________________
 Definition
86. The purpose of the court seal is to authenticate the acts of the judge and clerk.
Term
87. Explain, in your own words, court decorum. _____________________________________ ________________________________________________________________________
 Definition
87. Decorum includes observing correct judicial procedures and customs, as well as exercising courtesy before everyone who appears in court. Starting on time, allowing time to permit full hearings, and being courteous to all who appear in court are examples. (Answers may vary)
Term
1. Define ethics. ____________________________________________________________ ________________________________________________________________________
 Definition
1. Ethics is the discipline dealing with what is good and bad and with moral duty and obligation. It is a set of moral principles or values.
Term
2. Define integrity. __________________________________________________________ ________________________________________________________________________
 Definition
2. Integrity is strict personal honesty and independence. It is adherence to one’s moral values or putting into practice one’s values and beliefs
Term
3. What are the three objectives of the Commission on Judicial Conduct? _________________ _________________________________________________________________________ _________________________________________________________________________
 Definition
3. The objectives of the Commission are: (1) to preserve the integrity of all judges in the State; (2) to ensure public confidence in the judiciary; and (3) to encourage judges to maintain high standards of both professional and personal conduct.
Term
4. How does the Commission endeavor to achieve its objectives? _______________________ _________________________________________________________________________
 Definition
4. To achieve these goals, the Commission issues sanctions and secures the removal of judges from office who violate legal or ethical standards. In addition, the Commission participates as faculty members in continuing education programs at all levels of the judiciary.
Term
5. What provides authority for the Commission on Judicial Conduct to operate? ____________ _________________________________________________________________________
 Definition
5. The State Commission on Judicial Conduct was created by an amendment to the Texas Constitution in 1965. Article V, Section 1-a of the Texas Constitution and Chapter 33 of the Texas Government Code are the sources of authority under which the Commission operates.
Term
6. A file is initiated with the Commission on Judicial Conduct when the Commission receives a telephone complaint. ____
 Definition
6. False (the complaint must be written).
Term
7. Complainants may request the Commission on Judicial Conduct keep their identity confidential. ___
 Definition
7. True.
Term
8. Information gathered by the Commission on Judicial Conduct may never be made public. _____
 Definition
8. False.
Term
9. All proceedings of the Commission on Judicial Conduct are conducted publicly. ____
 Definition
9. False.
Term
10. The Commission on Judicial Conduct may dismiss a case if a judge took corrective action in the case against him or her. ____
 Definition
10. True.
Term
11. Improper conduct includes failure to conduct court business in a timely manner. ____
 Definition
11. True.
Term
12. Judges could be reprimanded for incompetence in the performance of their duties. ____
 Definition
12. True.
Term
13. Rank the following actions by the Commission in order of severity. (1= the most severe) ____Removal-Censure ____ Private Admonition ____ Public Reprimand ____ Public Admonition
 Definition
13. Rank the following actions in order of severity. (1=the most severe.) 1. Removal or Censure. 4. Private Admonition. 2. Public Reprimand. 3. Public Admonition.
Term
14. Upon what principle is our legal system based? __________________________________ ________________________________________________________________________
 Definition
14. Our legal system is based upon the principle that an independent, fair, and competent judiciary will interpret and apply the laws that govern us.
Term
15. Why should clerks observe the same professional standards as judges? ________________ ________________________________________________________________________
 Definition
15. It is required by the Code of Judicial Conduct. Canon 3C(2) of the Code says that judges should require staff, court officials, and others subject to the judge’s direction and control to observe the standards of fidelity and diligence that apply to the judge.
Term
16. What might happen if a clerk’s conduct is improper? ______________________________ ________________________________________________________________________
 Definition
16. The judge may be held responsible.
Term
17. The judicial system is built on the principle of being independent from the other branches of government. ____
 Definition
17. True.
Term
18. When the telephone for the court is answered “police department,” it may give the public the impression that they will not be treated fairly or impartially. ____
 Definition
18. True.
Term
19. Having a separate room away from the public where peace officers may swear to complaints and conduct other court business helps the court avoid any appearance of impropriety. ____
 Definition
19. True.
Term
20. A municipal judge may use court letterhead to write members of a fraternity urging them to join the local chapter. ____
 Definition
20. False.
Term
21. A municipal judge may voluntarily testify for someone else as a character witness. ____
 Definition
21. False.
Term
22. A municipal judge or clerk may be a member of the Ku Klux Klan. ____
 Definition
22. False.
Term
23. The Code of Judicial Conduct governs a municipal judge and clerk’s behavior in and out of the courtroom. ____
 Definition
23. True.
Term
24. Indicate whether the following behaviors are proper or improper for a clerk. (P=Proper; I=Improper) ____ Telling the judge about the belligerent attitude of a defendant scheduled for a bench trial. ____Recommending a specific driving safety school to a defendant. ____ Using court stationery to offer a product or service for purchase to earn extra money. ____ Looking up your girlfriend’s traffic record. ____ Drinking beer while working overtime at the office. ____ Asking an officer to not file a traffic ticket against a friend. ____ Closing the court or decreasing fines to put pressure on the city council to increase salary and benefits for court personnel
 Definition
24. Indicate whether the following behaviors are proper or improper for a clerk. (P=Proper; I=Improper) I - Telling the judge about the belligerent attitude of a defendant scheduled for a bench trial. I - Recommending a specific driving safety school to a defendant. I - Using court stationery to offer a product or service for purchase to earn extra money. I - Looking up your girlfriend’s traffic record. I - Drinking beer while working overtime at the office. I - Asking an officer to not file a traffic ticket against a friend. I - Closing the court or decreasing fines to put pressure on the city council to increase salary and benefits for court personnel.
Term
25. A municipal judge has a duty to take some action against another judge who is violating the Code of Judicial Conduct. ____
 Definition
25. True.
Term
26. A municipal court clerk should, but is not required under the Code of Judicial Conduct to, report to his or her judge unethical conduct of another court employee. ____
 Definition
26. True.
Term
27. A municipal judge should report an attorney who presented false evidence to the court. ____
 Definition
27. True.
Term
28. A judge would be disqualified from hearing her brother’s speeding ticket because they are related by consanguinity within the second degree. ____
 Definition
28. True.
Term
29. A judge should not hear her husband’s speeding ticket because they are related by affinity within the first degree. ____
 Definition
29. True.
Term
30. A municipal court clerk may use racial epithets to refer to witnesses. ____
 Definition
30. False.
Term
31. A municipal court administrator may participate in a trip paid for by an attorney who practices before a municipal judge for whom the clerk works. ___
 Definition
31. False.
Term
32. Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper) ___ Informing defendants how to properly conduct themselves in court. ___ Shouting at a belligerent defendant. ___ Telling sexual or racial jokes to jurors while they are waiting to be called into the courtroom. ___ Not explaining all the court options to members of a certain ethnic group. __ Responding to a news reporter who asks you to review an article for legal accuracy. It contains information about a Class C misdemeanor assault that is pending in your court and is part of a larger civil suit for sexual harassment. ___ Developing a records management program to help the court manage the progress of the cases through the court. ___Working with the judge to oversee the administration of the court. ___ Providing information requested under Rule 12.
 Definition
32. Indicate proper or improper conduct for the clerk. (P=Proper; I=Improper) P - Informing defendants how to properly conduct themselves in court. I - Shouting at a belligerent defendant. I - Telling sexual or racial jokes to jurors while they are waiting to be called into the courtroom. I - Not explaining all the court options to members of a certain ethnic group. I - Responding to a news reporter who asks you to review an article for legal accuracy. It contains information about a Class C misdemeanor assault that is pending in your court and is part of a larger civil suit for sexual harassment. P - Developing a records management program to help the court manage the progress of the cases through the court. P - Working with the judge to oversee the administration of the court. P - Providing information requested under Rule 12.
Term
33. Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper) ___ Writing a weekly column with the judge about legal matters and court activity for the local newspaper. ___ Teaching classes for the Texas Municipal Courts Education Center. ___ Speaking to high school students in a government class on “Your Rights in Traffic Court.” ___ Selling tickets for your daughter’s booster club to a group taking a driving safety course. ___ Traveling free to Las Vegas on a law firm’s private plane. The law firm frequently handles traffic tickets in your court. ___ Accepting gifts from a friend or a relative on special occasions when the friend or relative is not before the court. ___ Accepting free legal publications from TMCEC. ___ Accepting an invitation to a Christmas party that is being conducted by a company that has a pending case in your court. ___ Using court stationery to write a letter to a company that has failed to provide you with promised service. ___ Having your title as court clerk listed by your name on a letter being sent
 Definition
33. Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper) P - Writing a weekly column with the judge about legal matters and court activity for the local newspaper. P - Teaching classes for the Texas Municipal Courts Education Center. P - Speaking to high school students in a government class on “Your Rights in Traffic Court.” I - Selling tickets for your daughter’s booster club to a group taking a driving safety course. I - Traveling free to Las Vegas on a law firm’s private plane. The law firm frequently handles traffic tickets in your court. P - Accepting gifts from a friend or a relative on special occasions when the friend or relative is not before the court. P - Accepting free legal publications from the Texas Municipal Courts Education Center. I - Accepting an invitation to a Christmas party that is being conducted by a company that has a pending case in your court. I - Using court stationery to write a letter to a company which has failed to provide you with promised service. I - Having your title as court clerk listed by your name on a letter being sent by a local charity organization that is soliciting toys for disadvantaged children.
Term
34. Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper) ___ Making public statements in the local restaurant about persons running for city council. ___ Commenting privately to your spouse as to whom would be the best candidate for mayor. ___ Wearing political T-shirts and buttons for local political races while at work. ___ Talking to defendants about who will be the best candidate for mayor
 Definition
34. Indicate proper or improper conduct for a clerk. (P=Proper; I=Improper) I - Making public statements in the local restaurant about persons running for city council. P - Commenting privately to your spouse as to who would be the best candidate for mayor. I - Wearing political T-shirts and buttons for local political races while at work. I - Talking to defendants about who will be the best candidate for mayor.
Term
35. When a citizen wants to file a case and the clerk is unsure whether the municipal court has jurisdiction, the judge may talk to the person to see if the case should be filed in municipal court. ____
 Definition
35. True.
Term
36. A judge may talk with a person who wants to file a claim in municipal court for restitution for $700 for a fence that was damaged by a vehicle that lost control and drove through it. ____
 Definition
36. True (the municipal court does not have jurisdiction of this case so the judge may talk with the defendant to explain that he or she has no authority over this case, and it must be filed in another court).
Term
37. A letter to the judge from a defendant telling the defendant’s side of his or her case is not considered ex parte communication. ____
 Definition
37. False.
Term
38. The officer’s notes on the back of a citation are not considered ex parte communication. ____
 Definition
38. False.
Term
39. A judge may talk with a defendant on the telephone about his or her case, because a telephone conversation is not an official court appearance. ____
 Definition
39. False.
Term
40. It is not ex parte communication to tell the judge about a death threat made by a defendant to the victim. ____
 Definition
40. True (because the clerk is not an interested party, but it could be improper conduct for the same reason that ex parte communication is prohibited, i.e., apprising the judge of the merits of a pending judicial proceeding without all interested parties present).
Term
41. It is not ex parte communication to inform the judge about information from a defendant relating to the defendant’s case pending in the court. ____True or False
 Definition
41. False.
Term
42. If a canon says a judge shall or shall not conduct him or herself in a certain manner, the judge does not have discretion in that matter. ____
 Definition
42. True.
Term
43. “May” means that the judge has permissible discretion. ____
 Definition
43. True.
Term
44. If a rule requires certain conduct of others, the judge must exercise reasonable direction and control over the conduct of anyone who is subject to the judge’s direction and control. ____True or False
 Definition
44. True.
Term
45. A clerk may give legal advice if he or she is certain that the advice is correct. ____
 Definition
45. False.
Term
46. If a clerk gives legal advice, it may compromise the impartiality of the court. ____
 Definition
46. True.
Term
47. If a court provides a sample form to a defendant, the court is obligated to assist that defendant to complete the form. ____
 Definition
47. False (helping a defendant complete a form is giving legal advice).
Term
48. If a clerk determines that there is an error on a traffic citation, the clerk should tell the judge so that the judge can dismiss the case. ____
 Definition
48. False.
Term
49. What may a clerk do when a defendant is unsure how to handle his or her case? ______ ______________________________________________________________________ ______________________________________________________________________
 Definition
49. The clerk may explain the court procedures and processes and give the defendant a pamphlet that explains these processes and the defendant’s obligations and rights. Do not advise the defendant on how to handle his or her case.
Term
50. A municipal court clerk is a public servant. ____
 Definition
50. True.
Term
51. A deputy court clerk is a public servant. ____
 Definition
51. True.
Term
52. A part-time employee of the court is a public servant. ____
 Definition
52. True.
Term
53. Municipal court jurors are public servants. ____
 Definition
53. True.
Term
54. An attorney representing the State in a municipal court is not a public servant. ____
 Definition
54. False.
Term
55. A bailiff is not a public servant. ____
 Definition
55. False.
Term
56. A municipal court clerk violates Section 36.02 of the Penal Code when he or she accepts money from a citizen to destroy, conceal, or remove traffic citations from the court files even though the clerk never did destroy, conceal, or remove the citations. ____
 Definition
56. True.
Term
57. A municipal court clerk may accept payment for making a speech that he or she has been asked to make because he or she is a court clerk. ____
 Definition
57. False.
Term
58. A municipal court clerk may accept food, transportation, and lodging from an organization for whom he or she is making a speech. ____
 Definition
58. True.
Term
59. A municipal judge or clerk may accept free tickets to a college football game from the dean of a private college that is in the city where the municipal judge’s court is located. ____
 Definition
59. False.
Term
60. A municipal court clerk may accept gifts from his or her mother. ____
 Definition
60. True.
Term
61. Municipal court complaints are governmental records. ____
 Definition
61. True.
Term
62. Correspondence received from the defendant is a governmental record. ____
 Definition
62. True.
Term
63. The Office of Court Administration’s monthly reports are governmental records. ____
 Definition
63. True.
Term
64. Copies of state reports retained by the court are governmental records. ____
 Definition
64. True.
Term
65. A municipal court clerk is in violation of Section 37.10, Tampering with a Government Record, if he or she types a false statement in an arrest warrant before giving it to the judge to sign. ____
 Definition
65. True.
Term
66. A municipal court clerk is in violation of Section 37.10, Tampering with a Government Record, if he or she erases and corrects a mistake he or she made in entering information on a docket. ____
 Definition
66. False.
Term
67. The Code of Judicial Conduct is a law relating to a public servant’s office or employment. ____
 Definition
67. True.
Term
68. The Code of Criminal Procedure is a law relating to a public servant’s office or employment. ____
 Definition
68. True.
Term
69. A municipal judge or clerk may use a car furnished by the city for a vacation trip. ____
 Definition
69. False.
Term
70. A municipal judge may use a city telephone to make local personal telephone calls. ____
 Definition
70. True.
Term
71. A municipal court clerk may use court letterhead to write a cover letter for an application for a job for which the clerk is applying. ____
 Definition
71. False.
Term
72. A municipal court clerk may use court letterhead to write a recommendation for a deputy court clerk seeking another job. ____
 Definition
72. True.
Term
73. A municipal judge may make a court clerk address the judge’s Christmas cards for him or her during the clerk’s workday. ____
 Definition
73. False.
Term
74. A municipal judge may make listening to his or her dirty jokes a condition of employment for a court clerk. ____
 Definition
74. False.
Term
75. A municipal court clerk who learns in a city staff meeting that the city wants to acquire a certain piece of property for a park may pass that information on to a friend who is a real estate agent. ____
 Definition
75. False. Government Code, Chapter 573
Term
76. A public official includes a judge of a court created by or under a statute of this State. ____
 Definition
76. True.
Term
77. A parent and her child are related by consanguinity. ____
 Definition
77. True.
Term
78. A parent and his adopted child have a degree of consanguinity between them. ____
 Definition
78. True.
Term
79. Who are a municipal judge’s relatives within the first degree by blood? _______________ ________________________________________________________________________
 Definition
79. The judge’s father, mother, and children.
Term
80. Who are a municipal judge’s relatives within the second degree by blood? ____________ ________________________________________________________________________
 Definition
80. The judge’s father, mother, children, brothers, sisters, grandparents, and grandchildren.
Term
81. Who are a municipal judge’s relatives within the third degree by blood? ______________ ________________________________________________________________________
 Definition
81. The judge’s father, mother, children, brothers, sisters, grandparents, grandchildren, great[1]grandparents, great-grandchildren, uncles, aunts, nephews, and nieces.
Term
82. List your own living relatives within the third degree by consanguinity. _______________ ________________________________________________________________________ ________________________________________________________________________
 Definition
82. Answers will vary from clerk to clerk.
Term
83. Is a municipal court clerk’s spouse related to him or to her by consanguinity or by affinity? ______________________________________________________________________
 Definition
83. Affinity.
Term
84. Is a municipal court clerk’s spouse’s sister related to the clerk by consanguinity or by affinity? ______________________________________________________________
 Definition
84. Affinity.
Term
85. If the municipal judge’s spouse dies and the municipal judge has no living children, how is the dead spouse’s sister related to the municipal judge? _________________________
 Definition
85. Neither by consanguinity nor by affinity.
Term
86. List the municipal judge’s relatives within the first degree by marriage. Second degree by marriage. Third degree by marriage. __________________________________________ ________________________________________________________________________ ________________________________________________________________________
 Definition
86. The judge’s relatives within the first degree by marriage are his or her spouse, his or her spouse’s parents, his or her spouse’s children, his parent’s spouse, or his children’s spouses. Those within the second degree include those above plus his spouse’s brothers, sisters, grandparents, and grandchildren, and his brothers, sisters, grandparent’s or grandchildren’s spouses. Those within the third degree include all those above plus his spouse’s great[1]grandparents, great-grandchildren, uncles, aunts, nieces, and nephews, as well as any spouses of his great-grandparents, great-grandchildren, uncles, aunts, nieces, and nephews.
Term
87. List your own living relatives within the third degree by affinity? ____________________ ________________________________________________________________________
 Definition
87. Answers will vary from clerk to clerk.
Term
88. A municipal judge may hire his or her spouse’s sister as a municipal court clerk. ____
 Definition
88. False.
Term
89. A municipal judge may hire his or her brother’s daughter to file a backlog of municipal court documents and pay her with the judge’s own money. ____
 Definition
89. True.
Term
90. The presiding municipal judge may hire the child of a sister of an alternate municipal judge to type the docket sheets. ____
 Definition
90. False.
Term
91. A municipal judge may hire the mayor’s daughter as a municipal court clerk in exchange for a job as the mayor’s secretary for the municipal judge’s first cousin. ____
 Definition
91. False.
Term
92. A city with a municipal judge who is disabled and uses a wheelchair may hire the judge’s daughter to be the judge’s aide and pay her out of city funds. ____
 Definition
92. True.
Term
93. If a person is about to be appointed municipal court clerk for a city and the prospective clerk’s aunt is the city secretary, how long must the aunt have worked in that position to __________________ be able to keep her job after the municipal court clerk is appointed?
 Definition
93. 30 days.
Term
94. If the municipal court clerk’s aunt stays with the city, may the aunt fill out the clerk’s merit raise evaluation? ____
 Definition
94. No.
Term
95. Generally, the city council has a choice about retaining an appointed municipal court clerk who is convicted of official misconduct in the form of nepotism. ____
 Definition
95. False.
Term
96. A violation of the nepotism statute is an offense involving official misconduct. ____
 Definition
96. True.
Term
97. What may happen to a municipal judge convicted of hiring his or her niece as a municipal court clerk? ______________________________________________________________
 Definition
97. He or she may be fined $100 to $1000 and be removed from office.
Term
98. A clerk who had a personality clash with another employee went to her supervisor and said that the other employee did not know how to do the job. Is there an ethical problem here? If so what is it? What should the clerk have done? _______________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
 Definition
98. A personality clash is not an ethical problem, but when the clerk told her supervisor that the other person did not know how to do her job just because of their personal differences, it became an ethical problem. The ethical problem is the clerk’s lie about the other employee. If the two employees could not work out their differences, they should have asked a supervisor to mediate, and both demonstrated an effort to not let their differences affect their work.
Term
99. A city secretary who supervises the deputy clerks is not familiar with many legal requirements; this causes a clash between the clerks and city secretary. Is this an ethical problem? What should the clerks do? _________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
 Definition
99. This is not an ethical problem. The city secretary’s problem is a lack of training and education. This problem can be remedied by the city secretary reading materials from the Texas Municipal Courts Education Center.
Term
100. Before trial, the judge comes to the clerk’s office and wants to know if there is any information she should know about the cases before going to trial. What information may the clerk tell the judge that would not be considered ex parte communication? _________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
 Definition
100. The clerk may discuss with the judge administrative matters concerning the scheduling of the cases for trial or such matters as motions for continuances. The clerk may not discuss the merits of any of the cases, any information blurted out by defendants, or any conversations he or she had with any of the witnesses (usually peace officers).
Term
101. A deputy court clerk, with whom you have become good friends, uses the judge’s signature stamp to dismiss a case against her boyfriend. You find out about it. What do you do? ___ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
 Definition
101. This is not only an ethical violation, but it is also a crime. It is tampering with a governmental record. You should report it to your supervisor, judge, and chief of police immediately.
Term
102. Should a municipal court clerk report to the Commission on Judicial Conduct a judge’s willful violation of the Code of Judicial Conduct? _______________________________ _______________________________________________________________________ ___________________________________________________________________
 Definition
102. Canon 3D requires judges to take appropriate action upon receiving information clearly establishing that another judge has committed a violation of the Code of Judicial Conduct. If the violation raises a substantial question as to the other judge’s fitness for office, the judge shall inform the State Commission on Judicial Conduct or take other appropriate action. Depending on the circumstances, the appropriate action may be reporting the judge to the city council or the Commission. If in doubt, you should call the Commission to discuss the issue
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