Clerk Certification Level 1 Practice Exam

These questions are part of the practice quiz. Start practicing

• Which statement about communication is true?
• A municipal court clerk may accept gifts from his or her mother.
• Passing a school bus carries a maximum penalty of $200.
• A complaint is a charging instrument filed in municipal court.
• Which of the following is an offense that cannot be dismissed via a driving safety course?
• If a city contracts with DPS to deny renewal, what must the citation inform the violator about regarding license renewal?
• Shouting at a belligerent defendant by a clerk is considered which type of conduct?
• If a case is a traffic violation, what must the clerk send to the Department of Public Safety upon conviction?
• Can municipal courts require restitution as part of a conviction?
• List types of appeal bonds.
• Which statement describes where a cash bond is deposited?
• When a defendant charged with an Alcoholic Beverage Code offense is granted deferred disposition, what must the court report to DPS?
• Which courts are not required to submit monthly statistical reports to OCA?
• In which subtitle do you find rules on driver's licenses?
• What portion of the time payment fee is allocated to improving the efficiency of the administration of justice?
• Which statement is true regarding ethical conduct of court staff?
• If a person is arrested, the officer can file a citation with the court.
• Which statement about the Building Security Fee is true?
• When a defendant charged with the offense of failure to maintain financial responsibility fails to appear, he or she may be charged with violation of promise to appear.
• A defendant with a CDL offense is not eligible for deferred disposition.
• It is proper for a court to follow the recommendations of a city auditor regarding recording, handling, and reporting procedures for court costs and fines.
• Penal Code offenses do not require a culpable mental state.
• Which office handles general information on city government?
• When a sworn complaint replaces a citation, what is the effect on the case?
• Which code grants municipal judges the authority to conduct marriages?
• Clerks may not conduct trials. This statement is:
• Which statement is true about the magistrate authority and municipal judges?
• Courts are required to dismiss a charge of failure to maintain financial responsibility if a defendant obtains insurance before appearing in court.
• Which statement accurately describes when enhanced penalties may be applied to offenses charged as first-time offenses?
• Which statement about listening is true in terms of receiving information?
• A child support or child custody case is heard in which court?
• Which statement is true about whether both the Building Security Fee and the Technology Fee require ordinances?
• A parent and his adopted child have a degree of consanguinity between them.
• The statement 'Only the defense may ask the court to remove a juror because the juror has already decided that the defendant is guilty' is:
• If a defendant is convicted of the offense of failure to appear, the court is required to assess the $5 arrest fee.
• Rank the following actions by the Commission in order of severity.
• Does a docket have to include the type of offense with which the person is charged?
• Complaints alone are enough evidence to establish probable cause.
• Who must be informed by the clerk about a continuance request?
• When a defendant makes an appearance by mail and requests the amount of the appeal bond, the court may send the information by regular mail.
• A complaint does not have to state that the offense was committed in the city in which it occurred.
• Which of the following is NOT listed as a step to effective communication?
• Which statement about a public official is true?
• Which statement about the Building Security Fee is true?
• Which Transportation Code section provides the exact text to include on the notice for a second or subsequent conviction?
• Which time frame applies to waiting before counsel appearance for corporations or associations?
• If a judge allows a defendant to reimburse a victim by paying in installments, the court can require the defendant to pay a $12 fee.
• Who has primary responsibility for keeping the docket?
• Which statement is true regarding Emergency Protective Orders?
• Is it proper or improper for a clerk to tell a defendant who calls on the telephone that the judge always gives extensions of time to pay, 'All the defendant has to do is ask'?
• If a juror needs medical or hardship-based rescheduling, what must happen first?
• Which statement about communication credibility is true?
• What is a verdict?
• Vehicle registration may be denied for what offenses?
• Indicate whether the following behavior is proper or improper for a clerk (P,I): Drinking beer while working overtime at the office.
• Which statement about dietary changes and stress is supported?
• Who delivers the verdict in a jury trial?
• When a defendant is convicted of an offense that requires automatic driver's license suspension, what form must the court use to report that conviction?
• When a defendant delivers the plea and waiver to the court and requests the amount of fine and appeal bond, what is the court required to do?
• A judge must grant a motion for a new trial if it is made within ten days of the judgment.
• Define the word jurat.
• A clerk may give legal advice to defendants who represent themselves.
• Which statement best describes the civil jurisdiction of justice courts relative to municipal courts?
• What is the primary purpose of the Nonresident Violator Compact in these procedures?
• In a city where the municipal judge is disabled and uses a wheelchair, may the judge hire his or her daughter as an aide and pay her with city funds?
• Which office should you call for a question about the crime victims program?
• Which statement is true regarding warrants again?
• Which statement best defines a qualified telephone interpreter?
• Is it permissible for the presiding municipal judge to hire the child of a sister of an alternate municipal judge to type docket sheets?
• The annual report on a city's collection program is submitted to the Attorney General's Office.
• Can municipal courts exclude city council members from attending trials?
• A city may collect a fee not to exceed $25 for failure to appear warrants only after adopting an ordinance authorizing the collection.
• In a home-rule city, the municipal court clerk may be selected by which methods?
• If a judge takes a plea from a person detained in jail on a Class C misdemeanor, the judge must grant any motion for new trial if made within five days of the judgment.
• Persons who are over 70 years of age may request a permanent exemption from jury duty.
• Clerks may set and take bail from a defendant. This statement is:
• Which practice best promotes ethical court operations?
• Who may ask the court for a jury shuffle?
• When appealing a case from a non-record municipal court, what must the court send to the appellate court along with the transcript?
• What general information is required to be on a citation?
• May defendants represent themselves at trial?
• The charge to the jury is given after both the defense and prosecution have concluded their evidence.
• An interpreter for a defendant who is hard of hearing must be a certified interpreter.
• When calculating the 10-day deadline after open-court appearance, the counting starts from which event?
• Which arrangement is recommended to separate the municipal court from the police department?
• What is the amount of the jury fee the court must assess when a defendant is convicted by a jury?
• Defendants may not use cash as security on a bail bond.
• On what schedule must clerks send copies of the list of excused or disqualified due to non-residence to the voter registrar?
• As custodian of records, what should clerks do regarding jail-time credit?
• The maximum fine for driving without two license plates is $200.
• The Consolidated Fee is not collected on parking and pedestrian offenses.
• Working with the judge to oversee the administration of the court is considered which type of conduct?
• The time payment fee is required to be paid by a defendant who pays any part of a fine, costs, or restitution on or after the 31st day after judgment.
• A school-crossing zone is a reduced speed zone to facilitate the safe crossing of students in public schools only.
• Which entity is responsible for submitting traffic conviction reports to DPS?
• Which statement about arrest warrants is correct?
• What is the geographic jurisdiction of the municipal court?
• Which agency receives court reports of traffic convictions from courts?
• The culpable mental state for the offense of violation of promise to appear is willful conduct.
• Is it proper or improper for a clerk to suggest that extensions of time to pay are always granted and that 'all you have to do is ask'?
• How does the Commission endeavor to achieve its objectives?
• Under the filing of the offense of failure to appear on old warrants, the missed appearance must have occurred within how long prior to filing?
• If a court provides a sample form to a defendant, the court is obligated to assist that defendant to complete the form.
• In a general-law city, how may the municipal court clerk be selected?
• Which entity is responsible for maintaining records of restitution payments and coordinating payments to victims?
• If a defendant's name is misspelled on a sworn complaint, the court clerk may correct it and the prosecution may proceed on the complaint.
• When a peace officer summons a jury, how much must a defendant pay if he or she is convicted?
• What instrument may enforce the duty to supply information to the Office of Court Administration (OCA)?
• Which statement defines consanguinity?
• Who may appoint a temporary municipal judge in a general-law city when needed?
• According to statutes, exemptions for certain employees (such as legislative staff) are limited to which type of case?
• Courts only collect the arrest fee when a defendant is arrested and taken to jail.
• Is it proper or improper for a clerk to tell a friend that the judge is sensitive to defendants who have children who are not good drivers because his son has a heavy foot, to influence a driving safety course decision?
• Which statement about the use of the Child Safety Fund for school crossing guard services is accurate?
• What is the purpose of a jury charge in a trial?
• Which statement about interpreters is correct in trial preparation?
• Municipal court defendants do not have a right to notice of the crime with which they are being charged.
• Under Subtitle C Rules of the Road, if a construction or maintenance work zone has workers present and that fact is alleged and proven, what happens to the minimum and maximum fines?
• What is the minimum payment amount that must be made by electronic funds transfer in the following fiscal year?
• If the 10th day falls on a Saturday, does the court count it?
• Which statement describes that some courts of record may share jurisdiction with district courts?
• Which document specifies the forfeiture amount and liable party and states it will become final unless good cause shown?
• If the defendant appears in open court, how long does the defendant have to present the appeal bond to the court?
• Who may keep the records of defendants charged with traffic offenses?
• In a bench trial, who serves as the finder of fact?
• Which statement best describes the clerk's obligation to stay current with procedures through professional development?
• A deputy court clerk is a public servant.
• What is the judge's role in a bench trial?
• Who is responsible for paying the costs of services for a hearing-impaired juror?
• A defendant who is not entitled to take a driving safety course must pay an administrative fee equal to the amount of the fine that could have been imposed.
• In an adversarial system, what is the judge's role?
• Courts are required to issue subpoenas when requested by either the State or the defense.
• True or False: A court located in a city with a population under 50,000 must appoint licensed or certified interpreters.
• What DPS form does the court use to report a conviction for an Alcoholic Beverage Code offense?
• What warning text must be posted near the clerk's office regarding fraudulent documents?
• Is it true that a defendant found guilty at trial may request a driving safety course for ticket dismissal?
• Which city ordinances must allege a culpable mental state even though the offense may not prescribe one?
• The ability for a clerk's method of selection (hire, appointment, or election) applies to which city types?
• Which of the following is NOT an example of indirect contempt?
• What words are required to be on the seal of a municipal court of record?
• The Consolidated Fee is not collected on which offenses?
• When either the defense or prosecution demands a jury shuffle, what is the clerk required to do?
• What is the purpose of including the offense date in the complaint?
• Which office should you call for statistical data on other courts of your size?
• If an offense has a specific penalty, the general penalty does not apply.
• To whom does the Texas Judicial Council submit its recommendations?
• The right to object to an error in a complaint is waived if not raised before the commencement of the trial on the merits.
• A defendant involved in a collision who pleads nolo contendere to the traffic charge may have the plea held against him in a civil suit.
• In municipal court, which document serves as the charging instrument?
• The statement 'Only a magistrate may set a bond' is true.
• Which party may request a writ of attachment?
• Which statement is true about financial management again?
• Municipal court complaints are governmental records.
• When prorating court costs and fees, which statement is true about distribution?
• Is it proper or improper for a clerk to ask the judge to grant a driving safety course under discretionary provisions to a friend who is not eligible under the mandatory provisions?
• Under what condition may a capias pro fine be issued?
• A nepotism statute violation is an offense involving official misconduct. True or False?
• Why do municipal court clerks have authority to issue subpoenas?
• When a defendant posts a bond and fails to appear for traffic offenses, the court must report the bond forfeiture to the Department of Public Safety when there is a final judgment on the forfeiture.
• What happens if the appellate court lacks jurisdiction and sends the case back to municipal court?
• Providing information requested under Rule 12 is considered proper conduct?
• What is the defined period of time for jail credit?
• What is the role of the clerk in the appellate process?
• Selling tickets for your daughter's booster club to a group taking a driving safety course is proper or improper conduct for a clerk?
• Submitting a guilty or no contest plea by mail along with a jury trial waiver counts as the defendant making an appearance.
• What notice regarding surcharges on driver's licenses must a citation include?
• When does a judge not have discretion to perform an action?
• What is the outcome when a defendant fully complies with deferred disposition terms?
• If the defendant mails the plea and waiver after appearance date but at least five business days before the scheduled trial date, the court may require a personal appearance.
• Who must endorse a warrant issued by a mayor so that it can be served in any county in the state?
• Which statement about the Technology Fee is true?
• If the defendant is on active military duty, what is noted about the driving record?
• To whom must a permanent exemption request be filed?
• A judge may increase the maximum fine beyond the statutory maximum if they believe it is too low.
• Which statement about privileged parking enforcement is true?
• The affidavit related to a search warrant is made available to the public after the warrant is executed.
• Which of the following is NOT a valid way to notify a defendant's attorney of a pre-trial hearing?
• Municipal court must grant jail-time credit in the amount of $50 for each part of a day a defendant has spent in jail before conviction.
• A defendant who pleads nolo contendere to a traffic charge may have the plea held against him in a civil suit.
• The complaint must state that the offense occurred within the territorial limits of the city.
• Closing the court or decreasing fines to pressure the city council to increase salary and benefits for court personnel is proper or improper for a clerk.
• In what year was the Commission on Judicial Conduct created by a Texas Constitution amendment?
• Judges and clerks may treat persons with preference based on their religion and sexual orientation.
• Which statement about court letterhead usage is true?
• If the defendant does not waive the right to a jury trial, the judge is required to issue a writ of venire.
• Which level is directly below a chapter in the Transportation Code's organizational structure?
• Who is responsible for delivering a copy of a permanent juror exemption to the county tax office?
• Jurors may be selected only from city tax rolls.
• If a defendant refuses to plead, what must the court do?
• Which parties coordinate with the clerk in handling citizen complaints?
• Which statement about giving legal advice is correct?
• A motion for continuance for cause may be requested by telephone.
• Which statement about merit-raise evaluation is true?
• A defendant who has been served with a summons and then fails to appear may be charged with the offense of failure to appear.
• If an out-of-state defendant resolves the case with the court, what is the court required to do?
• A judge may order more time if the judge determines that working more than 16 hours a week will not be a hardship.
• Which scenario illustrates the first-filed rule when concurrent jurisdiction exists?
• When a defendant fails to pay a previously assessed fine, the court may require community service to discharge the fine. Which statement is correct?
• A parent and her child are related by consanguinity.
• Courts may choose to wait until all court costs are collected before remitting them to the State.
• Does someone charged with a city ordinance violation have the right to appeal his or her conviction?
• If a defendant is a child at the time of the offense, may the judge waive the fine and costs?
• Which statement is true?
• Is a municipal court clerk's spouse related to him or her by consanguinity or by affinity?
• Which step comes last in the problem-solving approach described?
• Which office should you contact for information on the court clerks' certification program?
• Which statement is true about the warrant fee remittance to the State upon conviction when statewide authority is involved?
• Which statement about teen court funding is accurate?
• Under which circumstances may the judge waive the fine and costs?
• What cost may a municipal judge assess when a city police officer travels to serve municipal court warrants or capiases?
• Under what circumstance may a mayor issue a capias?
• Which office handles information on the crime victims program?
• What kind of cases must be initiated in municipal court and not in any other court?
• The judge is required to enter in the judgment the period of time for jail credit.
• With which courts does municipal court share jurisdiction?
• A legally blind person is prohibited by law from serving as a juror in a criminal case.
• Mailed pleas are timely if deposited after the appearance date.
• Which statement is true about the use of city resources by one’s office?
• In Texas municipal courts, what is the typical basis for public impression of the judicial system?
• The court may collect the $25 special expense fee on nonappearance crime warrants only after the city has adopted an ordinance requiring the fee to be collected.
• What should clerks do with juror information sheets?
• A warrant issued by a municipal judge may only be served in the county in which the city is located.
• A citizen comes to court to complain about a neighbor's dog running at large, but does not want to sign a written complaint. No complaint is filed. May the municipal court hear this case? Why or why not?
• Which statement is true about accepting a felony complaint?
• Why may judges delegate maintenance of the docket to clerks?
• When calculating time to present the appeal bond, does the court count the 10th day?
• Which of the following statements is true regarding personal appearance for pleas?
• A copy of the summons must be given to the defendant personally.
• Persons charged with passing a school bus are not eligible to take a driving safety course.
• Which statement is true about the effect of the clerk stamping the judge's signature on mental health commitments?
• When a warrant is issued, which dates must be noted on the docket?
• Which of the following statements about the Code of Judicial Conduct is true?
• Under deferred disposition for a traffic offense, what does the court report to DPS?
• When may a court collect fines, fees, and bonds by credit card?
• Peace officers may issue citations to a person driving a vehicle if a license plate holder obscures the name of the state on the license plate.
• Which statement describes the historical naming of the DL-115 form?
• When the court allows a personal bond, the security is the person's word.
• Which statement is true regarding the reporting of program completions?
• Which statement about signing in the presence of the oath administrator is true?
• The maximum fine for the offense of violation of promise to appear is $200.
• The claim that victims are excluded during The Rule is true.
• When a peace officer serves a summons on a defendant, how much must the defendant pay if he or she is convicted?
• Where do peace officers get authority to issue citations to persons violating Subtitle C, Rules of the Road offenses?
• Most traffic law matters handled by municipal court are located in which title of the Transportation Code?
• Within how many months must courts report nonresident defendants convicted of traffic violations?
• Can a defendant withdraw an appeal and pay the fine in a non-record municipal court?
• 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?
• Criminal contempt includes acts that:
• An indigent defendant charged with contempt may be entitled to a court-appointed attorney in municipal court.
• List the culpable mental states from the highest to the lowest.
• Where is the Traffic Fund money deposited?
• In cities with electronic remittance rules, how is reporting typically performed?
• When is a defendant's appeal completed?
• How is the time payment fee disbursed?
• Subtitle C offense in a school-crossing zone requires paying $25 to the Child Safety Fund.
• For a first offense of passing a school bus, the fines are between $500 and $1,250.
• What is the wording on a municipal court of record seal?
• A city secretary who supervises the deputy clerks is not familiar with legal requirements; this causes a clash. Is this an ethical problem? What should the clerks do?
• The judicial system is built on the principle of being independent from the other branches of government.
• The docket must show whether the trial was conducted by the judge or by the jury.
• Who in the trial is the finder of fact?
• The court must know the name of the defendant before it can issue a capias.
• True or False: 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.
• License plate rules are located in which subtitle and chapter?
• If a court fails to properly report traffic convictions to the Department of Public Safety, the judge or clerk may be removed for misconduct in office.
• Which statement best describes a defendant's jury trial rights in municipal court?
• Authority for issuing citations for Rules of the Road offenses is found in which Transportation Code section?
• Court clerks may prepare warrants but do not sign them. True or false?
• What form is the court required to use to notify DPS of the court's order suspending the driver's license of a defendant who failed to complete the alcohol awareness program?
• How are the six jurors selected for the jury?
• Which describes a recommended action when there is a mismatch in workload in court?
• When is the court required to forfeit a defendant's bail?
• Clerks may influence a judge's decision about a particular case if the defendant was difficult to handle.
• List the municipal judge's relatives within the first degree by marriage.
• The court must deposit money collected for the Traffic Fund into the city treasury.
• Which statement is true about stress with planning?
• True or False: The term 'May' indicates permissible discretion.
• When a court reports to the DPS a defendant's completion of the driving safety course, what information must the court report?
• Which statement about the Technology Fee reflects the correct maximum amount?
• When a defendant is arrested on a capias, the officer must bring the person before the court immediately or on a certain day stated in the capias.
• The Code of Judicial Conduct prohibits conduct that manifests bias or prejudice in the behavior of judges and clerks.
• True or false: A city with population less than 850,000 is not required to order the parking fee for the Child Safety Fund.
• Who retains the 60 cents from the State Judicial Support Fee?
• Who are a municipal judge's relatives within the second degree by blood?
• Doubling of fines in a construction work zone applies only when workers are present and the fact is both alleged and proven.
• Courts of record must have a court reporter instead of a recording device.
• Can a mayor who is also the judge of the city issue a capias?
• Which entity has the authority to set penalties for ordinance offenses involving public health and fire safety?
• In a municipal court, a defendant can mail a plea of guilty or nolo contendere and appeal his or her conviction without making a personal appearance in court.
• What is a question of law?
• When a court uses the assignment by court clerk method of scheduling cases, who is responsible for obtaining a trial date?
• Which statement about disabled parking is true?
• Who usually summons a pick-up jury?
• When an off-duty peace officer appears at the trial but does not testify, the court may not assess the costs of the peace officer appearing for the trial.
• The request for a municipal court subpoena must be in writing.
• What information must be included on the return when a peace officer is unable to serve the capias?
• What document forms the basis for a judge issuing an arrest warrant for a Class C misdemeanor?
• Which date best describes the effective date of a license suspension for an Alcoholic Beverage Code offense?
• What is a subpoena?
• A bailiff is not a public servant.
• A clerk who had a personality clash with another employee told her supervisor that the other employee did not know how to do the job. Is there an ethical problem here? If so, what is it and what should be done?
• How long does a defendant have to take a driving safety course and present evidence of course completion to the court?
• Which statement about continuance durations is correct?
• After a guilty verdict, which action is possible for the defendant?
• Which statement explains why clerks must observe the same professional standards as judges?
• What is the role of the clerk when he or she receives a request for a continuance?
• Which action is least severe?
• When can a mistrial be declared in a jury trial?
• Which statement about a public official is true?
• What type of duty is the preparation of the complaint considered?
• All proceedings of the Commission on Judicial Conduct are conducted publicly.
• If municipal court does not have a complaint or citation on file, may the court accept a plea of guilty?
• If another law enforcement agency executes the warrant, the court is required to send the $50 warrant fee to the other law enforcement agency even if the defendant is found not guilty.
• What is meant by posting the trial docket?
• Can the news media be excluded from attending trials in municipal courts?
• Under what condition may the court waive the fine and costs?
• What may the court offer to indigent defendants to discharge the fine?
• In a felony murder case, which court has jurisdiction?
• What happens if a peace officer does not serve a capias by the date fixed in the capias?
• Which statement describes the recording of the jury verdict on the docket when a verdict exists?
• Why does the complaint have to allege the date of the offense?
• What is the maximum amount of a fine for a Class C misdemeanor outside the Penal Code?
• A municipal court clerk may accept gifts from his or her mother.
• Is it true that all mayors have authority to issue a capias?
• List the main disadvantage of using the assignment by court clerk method for controlling the docket.
• What power does a judge use to exercise control in the courtroom?
• When must a court issue a capias?
• A defendant who has not been in custody or released from custody yet may not be charged with failure to appear.
• In a home-rule city, how may the municipal court clerk be selected?
• When a city is situated in only one county, where may city peace officers serve municipal court warrants, summons, and capiases?
• If a capias is not served until after the date fixed in the capias, are the proceedings under the capias still valid?
• Which statement accurately describes the role of municipal judges?
• Which of the following is a listed reason for continuing a case without a motion?
• What is the culpable mental state for the offense of failure to appear?
• A municipal judge may use court letterhead to write members of a fraternity urging them to join the local chapter.
• When a defendant delivers a plea of guilty or nolo contendere to the court, what additional information must be included with the plea?
• When a defendant complies with all terms of deferred disposition, what is the judge required to do?
• If a defendant fails to complete a driving safety course, the court is required to refund the $10 fee or allow the defendant to apply the fee to the fine.
• Which relationship is explicitly allowed for a municipal clerk appointment?
• In non-record courts, who may delegate the duty of keeping traffic offense records to the clerk?
• In deferred disposition, what action by the judge indicates final adjudication?
• How many jurors are selected to hear cases in municipal courts?
• The State Traffic Fine is collected on all traffic convictions.
• If a defendant does not complete a tobacco awareness program, what must the court order DPS to do?
• Wearing political T-shirts and buttons for local political races while at work is improper conduct?
• If a service charge is assessed, the amount is the same as which of the following?
• In Subtitle C, which chapter covers the arrest and prosecution of traffic violators?
• Courts report dismissals when a defendant charged with a traffic offense completes deferred disposition.
• Criminal negligence is the highest degree of a culpable mental state.
• Which statement about Spanish-language notice on the summons is correct?
• Which entity may contract with to collect fines, fees, restitution, and other debts or costs?
• Which is the correctly capitalized salutation in a formal letter?
• Which statement about signatures is true?
• When turning over a deposit to the accounting department, is it proper for the clerk to ask them to count the money and sign for the deposit?
• What kind of city may contract with the county and the Texas Department of Motor Vehicles for the denial of vehicle registration?
• Why might indigent defendants be entitled to a court-appointed attorney in contempt cases?
• What must vest jurisdiction in the court?
• What must the court do when a judgment is entered for theft of gasoline and it is a subsequent offense?
• Which office should you call for questions about the court clerks' certification program?
• A municipal court 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.
• What is a subpoena duces tecum?
• Municipal Courts are local courts and do not have to follow federal or state law.
• Courts are required to keep and maintain certain information on defendants charged with traffic violations. What is true about reporting traffic convictions?
• If a city contracts with DPS to deny renewal of driver's licenses, what information should be on the citation issued to traffic violators?
• What must the city treasurer do if the municipal court does not collect any court costs or fees during a calendar quarter?
• If there is a specific penalty for an offense, the general penalty does not apply.
• Which chapter addresses contracting with the Department of Public Safety to deny renewal of a driver's license due to failure to appear or pay?
• When a defendant is granted a time-payment plan to pay a fine, the court waits until final payment before reporting the conviction to DPS.
• Copies of state reports retained by the court are governmental records.
• The annual report on a city's collection program is submitted to the Office of Court Administration.
• Courts must report traffic convictions to the Department of Public Safety by what deadline?
• A defendant must provide a valid Texas driver's license (or be military) and proof of financial responsibility to be eligible for a DSC.
• Which statement about city ordinances and culpable mental state is correct?
• When can the court order a driver's license suspension for a defendant under 17 who fails to pay a fine and costs?
• Give an example of an offense for which the penalty requires a sanction in addition to paying a fine.
• What must a citation contain regarding the offense of failure to maintain financial responsibility?
• The maximum restitution for issuing a bad check is $5,000.
• The court may require defendants to file all motions at least seven days before the pre-trial hearing date.
• If a city does not conform with its collection program, it cannot retain either the 10 percent handling fee or the 50 percent of the time payment fee.
• When is the arrest fee charged in relation to peace officer actions?
• When must the Comptroller notify a city that is affected by the electronic remittance rule before the first payment is required?
• What authority does the city have to contract with a vendor for collection of fines?
• Who has authority to issue a subpoena?
• Which relatives are included in the first degree by blood?
• Under what authority may a peace officer issue a traffic citation for offenses outside of Subtitle C, Rules of the Road?
• Since personal information about jurors is confidential, how should clerks handle paperwork containing this information?
• Which form is used to report the failure to complete the tobacco awareness program?
• Who has the authority to decide whether to process and store the information on the docket electronically?
• Regarding residency, which statement is true for municipal court jurors?
• If a peace officer issues a citation for a Rules of the Road offense, how many days must the person be given to appear in court?
• If a court collects $10 to be paid to the teen court program, the program must account to the court for how the money is used.
• To be charged with failure to appear, the defendant must have been released from custody on the condition to appear.
• True or False: It is not ex parte communication to tell the judge about a death threat made by a defendant to the victim.
• Which statement about passing information in a city staff meeting is true?
• Defendants in non-record municipal courts have two days from judgment to request a new trial.
• What does a summons issued by a magistrate do?
• Are trials in municipal courts open to the public?
• When the defendant requests a new trial, what must the court do?
• Who has the authority to grant a continuance?
• Which statement about parking privileges for disabled individuals is true?
• What does a court do when a defendant under the age of 17 fails to appear or fails to pay a fine for a traffic offense?
• Which statement is true about the authority of clerks performing duties?
• The prosecutor is responsible for preparing and drafting complaints and may ask the clerk for assistance.
• What happens to municipal court proceedings when a defendant files an appeal bond with the court?
• If information is stored electronically, does the court still have to maintain a simultaneous record in a bound docket book?
• Which statement best describes the travel expenses a municipal judge may assess for peace officers traveling to serve warrants or capiases?
• What is meant by trial de novo?
• Courts must report forfeitures of bail on defendants charged with traffic violations even though the defendant has not been convicted. Which is true?
• What is the standard deadline to complete a driving safety course and present evidence to the court?
• When a defendant is found not guilty, must they still pay court costs?
• If a clerk makes a mistake on the transcript, does this cause the appeal to be dismissed?
• Which offices should you call for a legislative proposal regarding prosecutors in municipal court?
• Which party is not appropriate to investigate a crime?
• Is the plea status (guilty, nolo contendere, or finding of guilt after trial) required to be recorded in the docket when deferred disposition is granted?
• Who collects consolidated court costs?
• Three options for handling difficult people are to be authoritative, positive, and/or task oriented.
• In a jury trial, which duty is part of the judge's role?
• What is the required wording of the endorsement if a magistrate endorses the warrant?
• Chapters 521 and 522 in Subtitle B cover the subject of?
• A summons may be served by mailing it.
• Which relationship is explicitly prohibited for a municipal court clerk position based on the scenarios described?
• Which statement about a judge and a clerk addressing Christmas cards is true?
• Which statement is true regarding the powers or actions of municipal judges?
• What is the purpose of contempt power?
• Offenses outside of the Penal Code that are fine-only, regardless of the amount of the fine, are Class C misdemeanors.
• What is a scire facias docket?
• Who may request a writ of attachment?
• Which statement best defines direct contempt?
• A judge should report an attorney who presented false evidence to the court.
• How can a prospective juror request an exemption without appearing in person?
• Which chapter in Subtitle C regulates bicycles?
• In Texas, traffic cases are criminal.
• When the sworn complaint is filed, is this a new case or the same case that was initiated by the citation?
• Who may administer the oath to an affiant swearing to a complaint in municipal court?
• A minor charged with driving under the influence of an alcoholic beverage if the minor has been previously convicted twice or more of this offense is not eligible for deferred disposition.
• 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 is proper or improper conduct?
• Which term describes a city with a charter that governs it and provides self-government?
• What happens to municipal court proceedings when an appeal bond is filed?
• All traffic fines have a maximum fine of $200.
• A hearsay affiant is one who is acquainted with the facts of the case, but did not personally observe the offense.
• A municipal judge who is not a licensed attorney may issue any type of search warrant.
• In which state must a warrant be issued?
• What statement is consistent with the idea that stress is personal?
• Is there discretion for the judge in performing docket maintenance duties?
• Which of the following is NOT listed as authorized to administer the oath to an affiant swearing to a complaint?
• A person who does not reside within a city may serve as a juror in municipal court.
• Defendants convicted of a city ordinance violation do not have the right to an appeal.
• What kind of courts are municipal courts?
• The warrant fee may be collected only when a peace officer executes or processes the warrant, capias, or capias pro fine.
• To which agency must the annual report about a city's collection program be submitted?
• When the victim is not present when an emergency order of protection is issued, what must the clerk do?
• An attorney representing a client in municipal court is not a public servant.
• Probable cause must always be in a separate affidavit from a complaint.
• When is the time payment fee required to be collected?
• Who sets bail when a witness is required to post bail?
• What is the form of a summons issued by a magistrate?
• What term describes the situation when jurors cannot reach a verdict after deliberation?
• When a defendant fails to respond to a summons issued by the court (judge), what type of order does the court issue?
• A municipal judge has a duty to take some action against another judge who is violating the Code of Judicial Conduct.
• What does the Texas Judicial Council do?
• If an out-of-state defendant fails to appear, what can the court do?
• Which scenario does not require the $5 arrest fee?
• Who bears the mandatory duty to send the appeal to the appellate court?
• The court must notify DPS of convictions for city ordinance traffic offenses.
• Which statement about voir dire is true?
• What is the primary purpose of a summons in a municipal case?
• City secretaries may never hold the office of court clerk.
• A judge can compel a defendant charged with a traffic collision to appear in open court.
• Which statement about court letterhead is true?
• When an officer loses a ticket and finds it three months later and then files it with the court, the court has jurisdiction to try the case.
• The judge plays an adversarial role in court.
• A person swearing to a complaint must sign his or her name in front of the person administering the oath.
• Citizens have the right to file a complaint with the court.
• Which statement about remittance of arrest fees by the city to the State is true?
• The offense of no driver's license can be enhanced on a third or subsequent conviction.
• Which statement is true regarding search warrants?
• When is the dismissal noted in the docket relative to the dismissal judgment?
• A dismissal fee for failing to display a driver's license is charged regardless of the defendant's license status at arrest.
• When a prospective juror files a permanent exemption with the municipal court clerk, what is the clerk required to do?
• A judge should not hear her husband's speeding ticket because they are related by affinity within the first degree.
• Which branch interprets and applies the laws?
• Who has the authority to serve a warrant issued by a municipal judge?
• After a mistrial has been declared, when can the court conduct another trial?
• Improperly using a cell phone in a school crossing zone is a Class C misdemeanor with a maximum fine of $500.
• A complaint must begin with the following words: 'In the name and by the authority of the State of Texas'.
• In which subtitle do you find rules on the Nonresident Violator Compact?
• Which statement about the Code of Criminal Procedure is true?
• Municipal court has jurisdiction of racing on the highway.
• In a jury trial, which statement best describes the judge's role?
• A municipal court summons must follow the same form and procedure as the summons issued by the district court.
• Which statement is true about clerks performing duties that typically belong to magistrates?
• When a defendant calls to reset a trial date, can the clerk grant the continuance?
• Which statement about penalties under the privileged parking law is true?
• What term refers to a judicial writ requiring a defendant to appear in court and prove why an existing judgment should not be executed against him or her?
• Defendants who fail to appear may still be tried in their absence.
• What are the first ten amendments to the US Constitution called?
• A judge does not need a motion from the prosecutor to dismiss a charge that qualifies for a compliance dismissal.
• If there is a conviction in the county court after appealing from a non-record municipal court, what happens to the fine money?
• Which statement is true regarding use of city resources by a municipal official?
• A subpoenaed witness who fails to appear may be fined up to what amount?
• Speaking to high school students in a government class on 'Your Rights in Traffic Court' is considered which type of conduct?
• What is the clerk's responsibility when a defendant defaults on payment of a fine and costs?
• Indicate proper or improper conduct for a clerk: Informing defendants how to properly conduct themselves in court.
• Which items must the court identify on the monthly report form?
• When a judge sustains the challenge to the array, what does the judge do?
• Which court has jurisdiction over municipal court appeals?
• Which statement is true about the filing of public intoxication offenses in municipal court?
• Which section prohibits quotas?
• What is the last day that a judge may rule on a motion for new trial?
• Which offense is not eligible for dismissal through a driving safety course?
• What best defines judicial discretion?
• What information is required to be entered on the docket?
• If a credit card is not honored, what may the city do?
• Which statement about penalties for privileged parking offenses is accurate?
• What happens to a case appealed from a non-record court?
• When a defendant convicted of a traffic offense is granted a new trial, when does the court report a conviction?
• Under the safety belt law, 'passenger vehicle' is defined to mean only a passenger car.
• Which offices must the city secretary report to the Texas Judicial Council when a person is elected or appointed to the office?
• Telling sexual or racial jokes to jurors while they are waiting to be called into the courtroom is considered which type of conduct?
• A defendant's name misspelled on a sworn complaint cannot be corrected.
• To collect the $25 fee for failure to appear warrants, what action must the city take?
• Which option best describes the purpose of the Technology Fee?
• Cities with a population of 100,000 or greater are required to develop and maintain a program to improve the collection of court costs, fees, and fines.
• Which statement correctly describes required usage of the Child Safety Fund for school crossing guards across populations?
• Which statement best describes the DL-115 form?
• What court has jurisdiction in the case: an appeal from a district court?
• A municipal judge may voluntarily testify for someone else as a character witness.
• When The Rule is invoked, are victims always excluded?
• List advantages of using a predetermined scheduling system.
• Developing a records management program to help the court manage the progress of the cases through the court is considered which type of conduct?
• If a mayor's warrant is endorsed by a magistrate, can it be served in any county?
• Working with the police department to establish a security plan for the court: is this conduct proper or improper?
• Indicate whether the following behavior is proper or improper for a clerk (P,I): Asking an officer to not file a traffic ticket against a friend.
• Which statement correctly describes who must collect the $2 Truancy Prevention and Diversion Fund?
• For a traffic case, the clerk must send to the Department of Public Safety a notice of final conviction within seven days.
• Asking a peace officer to sign a complaint without administering an oath: is this conduct proper or improper?
• If you do not contact the court within 10 days, what happens?
• City managers may establish traffic revenue quotas as part of evaluating the court's performance.
• May a city peace officer serve a warrant of arrest in a neighboring city?
• Under the mailbox rule, when is a motion for a new trial timely filed?
• A nepotism violation is an offense involving official misconduct. True or False?
• The city may keep fines from excess motor carrier violations up to 110 percent of its prior-year enforcement expenses.
• 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.
• True or False: Reporting a death threat made by a defendant to the judge is not ex parte communication.
• Which of the following is not a source of authority for the Commission on Judicial Conduct?
• How is a judgment satisfied?
• Which option best describes a reasonable response to mismatched demands in the court environment?
• After a search warrant is executed, the clerk must make a copy of the affidavit and have it available to the public.
• Peremptory strikes may be used for any reason except?
• A 15-year-old cited for failure to wear a safety belt can be fined between $25 and $50.
• If the defendant has no attorney and the bond shows no address, notification should be sent to whom?
• During deliberation, if a juror has a question, who may answer the question?
• Who sets the parking conviction fee in cities with population over 850,000?
• The municipal court clerk is required to file a person's request for a permanent exemption with the county tax assessor-collector.
• When may a defendant appeal his or her case after being granted deferred disposition?
• When a parent is convicted of contributing to nonattendance, the city must pay the fine to the school district.
• Which party may request a jury shuffle?
• Public viewing of warrants and affidavits occurs after execution.
• A defendant who pleads nolo contendere will be found guilty by the court.
• Indicate which office to call for training and written materials on how to run your court.
• When a defendant fails to respond to a summons issued by a magistrate, what type of order does the magistrate issue?
• Ethics is defined as?
• Which city type is typically defined by population-based rules rather than a charter?
• Although the offense of possession of an alcoholic beverage in a motor vehicle is a Penal Code offense, what is the court required to report to DPS?
• Endorsement by a magistrate limits the execution of a mayor's warrant to a specific county, whereas endorsement by a judge of a court of record allows execution in any county.
• Probable cause is defined as evidence that causes a judge to believe someone committed a crime.
• Someone convicted of the offense of parent contributing to nonattendance does not have to pay the $20 for the Child Safety Fund.
• Which statement is true about Emergency Protective Orders permissions?
• Who has the burden of proof in a criminal case?
• The definition of passenger vehicle includes passenger car, light truck, sport utility vehicle, and passenger van designed to transport 15 or fewer passengers, including the driver.
• Who has authority to grant deferred disposition?
• What must a clerk or magistrate do when the magistrate suspends a concealed handgun license in an emergency protection order?
• Who may ask the clerk for assistance in preparing complaints?
• Which statement is true about search warrants again?
• When a judge grants deferred disposition to a defendant charged with an Alcoholic Beverage Code offense, the judge must require attendance at an alcohol awareness program.
• What are the two offenses that require a peace officer to issue a citation if the person signs it?
• How many jurors may the prosecution and defense remove without cause?
• For dismissal of a charge upon proof of financial responsibility, must the defendant have valid insurance on the date of arrest?
• The court keeps a 10 percent handling fee on the State Traffic Fine.
• Providing a defendant with a sample form and helping complete it would be considered giving legal advice.
• How long can a continuance last?
• Violation of promise to appear is a separate charge from failure to appear.
• Indicate which office to call for the proper forms to report traffic convictions.
• What are some items that a clerk may consider when preparing an analysis for costs incurred for summoning and impaneling a jury?
• For the purpose of collecting consolidated court costs, which statement best reflects the definition of conviction?
• The statement backlog delays cannot be used to deny a speedy trial is true.
• What is the maximum penalty that may be assessed when a juror fails to appear in municipal court?
• Must defendants request a jury trial if they want one?
• What is the purpose of the municipal court seal?
• If a subpoena has been requested within seven business days of the trial, it may not be served by mail.
• When contracting with a private or public vendor, how old must the debt or failure to appear be before the court can require the defendant to pay 30 percent of the debt owed?
• What are the office hours of the court listed in the corrected letter?
• Indirect contempt can include which of the following?
• Why would a court order additional jurors to be summoned for a trial?
• Which Chapter defines a commercial motor vehicle for CDL considerations?
• What is the arraignment?
• When the court collects only part of the fine and costs, how should the money be allocated?
• Which parties can request subpoenas?
• 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?
• Which statement about the driving safety course fee is true?
• If a person is younger than 18 years of age, is the court required to subpoena the parent to bring him or her to court to testify?
• Upon what principle is our legal system based?
• Do municipal court defendants have a constitutional right to a speedy trial?
• When may the clerk administer the oath to prospective jurors for voir dire?
• What is the primary source for the requirement that a citation may be completed via a duplicate form or electronic device?
• What amount may the processing fee not exceed?
• Indicate whether the following behavior is proper or improper for a clerk (P,I): Looking up your girlfriend's traffic record.
• 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.
• A deaf defendant appears at the window. He has the right to have court procedures explained to him in sign language even though you have offered him the court brochure that explains the procedures.
• What is the clerk's role in handling citizen complaints?
• When must a defendant enter a plea to be eligible to take a driving safety course?
• The officer's notes on the back of a citation are not considered ex parte communication.
• Is a municipal court clerk's spouse's sister related to the clerk by consanguinity or by affinity?
• Judges are neutral and unbiased.
• Which statement best describes a 'Qualified telephone interpreter'?
• What is a fundamental aim of the Commission on Judicial Conduct according to the material?
• A person who has legal custody of a child under the age of 12 is automatically exempt from jury duty.
• Chapter 543 addresses which topics?
• To bring in a child witness, who would the court subpoena?
• Which fee must municipal courts assess when a defendant fails to withdraw a jury trial request 12 hours before the trial and is then later convicted?
• 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.
• Who has authority to issue a summons in municipal court?
• Responding to a news reporter who asks you to review an article for legal accuracy, which contains information about a pending case and a related civil suit, is considered which type of conduct?
• Defendants are entitled to notice—a copy of the complaint—at least five days prior to trial.
• 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.
• Which statement correctly describes the warrant fee distribution when the arrest is by statewide authority?
• If a peace officer with statewide authority issues the citation and files it in municipal court, the city may keep all of the $5 arrest fee.
• Judges could be reprimanded for incompetence in the performance of their duties.
• A municipal court administrator may participate in a trip paid for by an attorney who practices before the judge.
• Which statement about appeal bonds is true?
• Which offices are authorized to administer an oath to someone swearing to a complaint?
• What is the maximum period of probation a judge may place a defendant on under deferred disposition?
• Complainants may request the Commission keep their identity confidential.
• When a defendant fails to appear after having posted a bond, what must the court do?
• Which elements must be entered on the docket for each case?
• If the court collects a $10 fee to be paid to the teen court program, the program does not have to account to the court for how it uses the money.
• If restitution is ordered for a bad check offense as part of a sentence, the cap is $5,000.
• The court is required to assess the $5 arrest fee when a defendant is convicted after being issued a citation.
• Who sets bail when a witness must post bail?
• Is it proper or improper for a clerk to tell a friend that the judge is sensitive to defendants who have children who are not good drivers because his son has a heavy foot and is likely to grant her daughter the right to take a driving safety course under the discretionary provisions?
• Which list describes preparatory procedures a clerk might consider when preparing for trials?
• The specific location where an offense occurs must always be stated in the complaint.
• Before trial, the judge comes to the clerk and asks what 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?
• When a court deposits court costs into the city treasury, what type of records is the court required to keep?
• The maximum fine for driving while license invalid is $500.
• Can a city pass an ordinance to collect court costs without authorization by state law?
• Judges must specify in a community service order the amount of hours to be worked. Which of the following is true?
• When a peace officer serves a subpoena, how much must a defendant pay if he or she is convicted?
• Statement: Mayors have authority to issue a summons.
• Which statement about the Technology Fee amount is correct?
• A magistrate-issued summons directs the defendant to appear before whom?
• When a defendant complies with bond conditions and is convicted, may a court keep the bond to pay the fine?
• Not explaining all the court options to members of a certain ethnic group is considered which type of conduct?
• In what name must a warrant be issued?
• The Nonresident Violator Compact rules are located in which subtitle and chapter?
• Who has the authority to serve a warrant issued by a magistrate?
• Which item is typically prepared or provided to the defendant as part of trial preparation?
• Judges may ask the clerk to administer the oath to the six persons chosen for jury duty.
• The State Juror Reimbursement Fee is collected on all Class C misdemeanor convictions.
• Which statement about public officials is true?
• The highest degree of culpable mental state is 'intentional'.
• For how long may the suspension or denial of a driver's license be imposed for a conviction for failure to attend school?
• Which court generally has jurisdiction over foreclosure and forcible entry and detainer cases?
• What is the standard of proof in a criminal case?
• Which statement is true about public servant status in municipal court?
• If the defendant sends in the wrong amount, the clerk must contact the defendant before presenting to the judge to collect the balance.
• Which office should you call for general information on city government?
• A municipal judge has a duty to report unethical conduct of another judge.
• If a trial is before the judge, the judge makes the decision of whether the defendant is guilty or not guilty.
• Receiving fine money through the mail and then presenting the case to the judge to accept and sign a judgment: is this conduct proper or improper?
• A person who cares for someone unable to care for himself or herself is automatically exempt from jury duty.
• A letter to the judge from a defendant telling the defendant's side of his or her case is not considered ex parte communication.
• When deferred disposition is granted for an Alcoholic Beverage Code offense, attendance at an alcohol awareness program is required.
• Which Transportation Code section provides the required text for the surcharge notice?
• In Subtitle C, which chapter covers the requirements of reporting traffic convictions?
• Under the mailbox rule, what is required for timely filing?
• Making public statements in the local restaurant about persons running for city council is proper or improper conduct?
• What is a home-rule city?
• A part-time employee of the court is a public servant.
• Which of the following best describes the general jurisdiction of municipal courts?
• In a criminal trial, which side presents evidence first?
• A prospective juror may establish an exemption without appearing in person by filing a signed statement with whom?
• If a court has no activity in a section of the monthly report, how should it indicate that?
• What happens to the copies the court keeps for its file after sending the original documents in an appeal from a non-record municipal court?
• If a citation is filed with the court and the defendant fails to appear, what must be filed?
• True or False: If a canon says a judge shall or shall not conduct himself in a certain manner, the judge does not have discretion.
• Which statement about Christmas cards or jokes is true?
• The summons does not have to contain a notice in Spanish that it is an offense to intentionally influence, coerce, or harm a witness.
• Which statement is true about the disposition of cases when the judge is unavailable?
• What is the maximum penalty that a city council can establish for ordinance offenses involving public health and fire safety violations?
• Immediately after a mailed plea, the court treats it as an appearance regardless of timing.
• Vendor contracts can specify any amount of collection fee.
• What is the time frame for sending the final conviction notice for traffic violations after judgment?
• Which of the following best defines jurisdiction?
• Which element is explicitly required to appear on every docket entry?
• The Office of Court Administration's monthly reports are governmental records.
• What is a main advantage of the assignment by court clerk method for controlling the trial docket?
• The judge does not need to determine probable cause before issuing the arrest warrant for a defendant who has failed to appear in the court.
• Which statement best reflects age-based exemptions for jurors?
• True or False: It is permissible for a judge to explain to a filer that the case must be filed in a different court if municipal court lacks jurisdiction.
• A municipal judge or clerk may be a member of the Ku Klux Klan.
• When a judge enters a judgment, the penalty is the fine and costs and in some cases, other sanctions. True or False?
• Which action does a capias pro fine enable?
• When the defendant does not request a new trial, what does the court do with the bond money?
• Which action indicates final adjudication in a deferred disposition case?
• It is a defense to the prosecution if a person produces in court a valid commercial driver's license that was valid when the offense occurred even though the license is not valid for the class of vehicle being driven.
• Which statement about deferred disposition is true?
• The term for the formal instruction of the law provided to jurors is?
• Who may file a complaint with the court?
• Which of the following statements about the financial responsibility law is correct?
• List the municipal judge's relatives within the third degree by marriage.
• Traveling free to Las Vegas on a law firm's private plane where the firm frequently handles traffic tickets in your court is proper or improper conduct?
• A search warrant may command a peace officer to search for and seize a person's property.
• By when must the clerk forward the surrendered license and conviction record to the Department of Public Safety after surrender?
• The court does not assess court costs when a case is dismissed pursuant to a compliance dismissal.
• What action helps relieve a problem of demand overload in court?
• A 15-year-old can be cited for failure to wear a safety belt and be fined not less than $25 or not more than $50.
• Under the mailbox rule, when is a document timely filed?
• Integrity is defined as?
• Who may disclose juror information under good cause?
• When does the 20-day record retention period for court reporters begin?
• All traffic offenses require that a culpable mental state be alleged when charging a person with a traffic offense.
• In the described scenario, a defendant who doesn't want to contest his case but wants to talk to the judge about the amount of the fine is met by the clerk with a hearing date and a request to the judge to set a higher fine. Is this proper or improper?
• Which item is NOT among the reporting requirements for an Alcoholic Beverage Code conviction?
• Is it permissible for a municipal judge to hire his or her brother's daughter to file backlog documents and pay her with the judge's own money?
• What is the basis for an appeal from a record municipal court?
• Who may be compelled to serve a subpoena?
• Which office should you call for a question about judicial ethics?
• What wording goes on a non-record municipal court seal?
• Which statement about eligibility is true?
• List disadvantages of using a predetermined scheduling system.
• When may a judge waive fines and costs?
• What court has jurisdiction in the case: A divorce case?
• A defendant may object to an error in a complaint at any time, even during the trial.
• The statement 'Both clerks and judges may establish and maintain a financial management program for the court' is true or false.
• Which option is NOT a serious traffic offense for CMVs?
• Which two courts are the highest appellate courts in Texas?
• Speaking to high school students in a government class on 'Your Rights in Traffic Court' is considered which type of conduct?
• How is the Transportation Code organized?
• How must the restitution fee be accounted for by the court?
• Which must be filed first: the oath of office or the statement of officer?
• A defendant who is released without bail and then fails to appear may not be charged with the offense of failure to appear.
• The Technology Fee may be used to pay for maintenance of court technology.
• If a defendant is found not guilty of the offense of driving under the influence of alcohol by a minor, what is the court required to report to DPS?
• What are courts required to do if a juror is deaf or hearing impaired?
• Moving violations are defined in which document and section?
• Official court reporters are required to take an oath of office just like an elected or appointed official.
• In nepotism and official misconduct, which statement is accurate?
• To qualify for dismissal under the expired license provision, the defendant must present the valid license proof and late fee payment within 20 working days.
• If a defendant is arrested for default in payment of a fine, who must conduct the indigency hearing?
• If both the municipal and justice court have concurrent jurisdiction over a criminal case, which court retains jurisdiction?
• A jury charge is a statement of the law that applies in the case being tried.
• What is a judgment?
• Which option captures an intervention to reduce stress via workload adjustments?
• A court grants a driving safety course; the $10 collected must be deposited into the city treasury.
• The court may charge a dismissal fee for dismissing a charge of failure to display a driver's license if the defendant had a valid driver's license on the day of arrest.
• Indicate whether the following behavior is proper or improper for a clerk (P,I): Using court stationary to offer a product or service for purchase to earn extra money.
• For a charge of operating a vehicle with expired registration, if the defendant purchases valid registration and pays the late fee within 20 working days and presents evidence to the court, the charge may be dismissed.
• When a city enforces excess motor carrier violations, the city may keep fines from these offenses as long as the amount does not exceed 110 percent of the city's actual expenses for enforcement in the preceding fiscal year.
• When a city is situated in more than one county where may city peace officers serve warrants?
• If the clerk’s aunt remains employed by the city, may she fill out the clerk’s merit-raise evaluation?
• In what form must a request for the continuance for a religious holiday be made?
• Which statement about interpreting messages is true?
• Which condition is required for a religious holiday continuance request to be valid?
• If a defendant fails to appear for a jury trial and the court assesses a cost for impaneling the jury, how may the defendant be released from paying these costs?
• Over which type of criminal offenses does municipal court share jurisdiction with the justice courts?
• Who may request a continuance in open court?
• A municipal court clerk may use racial epithets to refer to witnesses.
• Which event requires a capias to be issued?
• A clerk may not grant a motion for a continuance.
• Which option best describes the general duties of the municipal court clerk?
• What is a clerk required to do when a bond forfeiture has been declared?
• Enhanced penalties require an allegation or enhancement; not automatically triggered by prior convictions.
• Which statement about electronic remittance is true?
• Which option includes a dietary coping method?
• True or False: 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.
• What must the amount of an appeal bond be?
• When a citation has been filed with the court, which pleas may a defendant enter?
• Describe the adversary process of the U.S. trial system.
• Clerks may require a defendant to pay a fine by performing community service. This statement is:
• Must the warrant state the offense for which the person is being charged?
• If the defendant discharges a traffic fine by performing community service, the court does not report that traffic conviction to DPS because no money was collected.
• Continuing education programs conducted by the Commission are available at which levels of the judiciary?
• Defendants completing a driving safety course do not have to pay court costs.
• A defendant convicted of passing a school bus does not have to pay $25 to the Child Safety Fund unless the offense occurs within a school-crossing zone.
• Is it true that all traffic offenses require a culpable mental state to be charged?
• Which statement best reflects the status of common law in modern codes and statutes?
• Courts are required to report to the Department of Public Safety all convictions for violations of laws regulating the operation of a vehicle on a highway.
• Which statement best describes when a mayor in a general-law city serves as ex-officio municipal judge?
• Accepting gifts from a friend or relative on special occasions when the friend is not before the court is proper or improper conduct?
• Which of the following is true about appointed counsel for indigent municipal court defendants?
• A city ordinance complaint for the offense of a dog running at large may also conclude with the words 'Contrary to the said ordinance'.
• Removing a juror during voir dire is called removal for cause.
• True or False: 'May' means that the judge has permissible discretion.
• Who may issue a warrant?
• Who delivers the judgment in a bench trial?
• True or False: 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.
• An appeal from a municipal court goes to which court?
• A court may place a defendant on probation for up to 180 days.
• When are court cost reports due to the State?
• What happens when either the prosecution or defense strikes a juror?
• In a city with a population greater than 850,000, the parking conviction fee is set by the city council.
• In which chapter do you find rules on contracting with DPS to deny renewal of a driver's license to defendants who fail to appear or fail to pay or satisfy a judgment in a manner ordered by the court?
• A municipal court clerk has the authority to issue a capias.
• Which statement about the jurat date is true?
• Which information may the court want to require from jurors?
• Which Canon requires the court to be independent?
• The Office of Court Administration's monthly reports are governmental records.
• Does the court clerk have the authority to serve a citation in a bond forfeiture case?
• The warrant fee can be collected upon conviction of a defendant only when a peace officer executes the warrant.
• Which statement best describes the use of telephonic interpreters in criminal proceedings?
• When a defendant presents proof of financial responsibility to the court, the court must verify it before dismissing the case.
• Which item must be entered in the docket when a judge grants deferred disposition?
• Which statement about voting status and jury eligibility is correct?
• If a statute is silent on culpable mental state, which mental state(s) may be alleged?
• Which statement about payment to jurors in municipal courts is correct?
• In general-law cities that have not adopted an ordinance to create the position of municipal judge, who serves as the judge?
• A municipal judge should report an attorney who presented false evidence to the court.
• In non-record courts, who is required to keep records of traffic offenses?
• Which office should you call for assistance on driving records?
• What action does DPS take on the second conviction report for theft of gasoline?
• If a citation has been filed to initiate the proceedings, when does a sworn complaint have to be filed?
• Which statement is true about the authority of the municipal court clerks?
• What is the clerk's role in assembling six jurors after lists are presented?
• Under deferred disposition, when is a court required to report a conviction to the Department of Public Safety in a traffic case?
• Pleading guilty means that a defendant admits to having committed the crime.
• When calculating the time to file an appeal bond, does the court count the day judgment was entered?
• Swearing to a complaint means the affiant is declaring by oath the truth of the information contained in the complaint.
• A person must be able to read and write to be a juror.
• A person who is over 70 years of age may not be summoned to sit as a juror even if he or she does not request a permanent exemption.
• Which action demonstrates proper collaboration for court safety?
• Is it proper or improper for a clerk to see prisoners on the weekend to tell them charges and set fines because the judge is on vacation?
• Explain how the jurisdiction of justice courts is different from municipal courts.
• The statement 'A court clerk may not be an affiant on a complaint' is true.
• What is the maximum driver's license suspension length a judge can order when a defendant fails to complete an alcohol awareness program?
• If the document purports to create a lien on property, who must be notified by the clerk?
• Which agency must receive reports of Alcoholic Beverage Code offense convictions?
• What is a peremptory strike?
• Which statement defines affinity?
• A summons tells the defendant to appear in court at a stated time and place.
• Where must the judge's office be named in the warrant?
• Which statement about stress aligns with the material?
• Which statement about warrants and affidavits is true?
• If a clerk determines there is an error on a traffic citation, the clerk should tell the judge so that the judge can dismiss the case.
• Which statement about city officials and judges is true?
• Who has authority to issue a capias pro fine?
• What happens if you fail to respond to the letter?
• Under what circumstance can a defendant who has paid a judgment still appeal?
• A defendant has 31 days to pay or post an appeal bond after notice of the amount owed following a plea by mail.
• What provides authority for the Commission on Judicial Conduct to operate?
• Which kind of duty may a judge delegate to a court clerk?
• When a peace officer with statewide authority issues the citation and files it in municipal court, which statement is true about the arrest fee?
• Which statement is true about the clerk's authority in court matters?
• To whom does the court report court costs when the defendant does not request a new trial?
• Which statement about filing the oath of office and statement of officer is correct?
• Which statement best summarizes the authority to set penalties for municipal offenses?
• Which instruction addresses coping with stress through nutrition?
• What is the penalty for interpreting without being licensed by the State?
• The Rules of the Road specify offenses in which range of chapters?
• Which of the following statements about proof of financial responsibility is correct?
• What is the maximum amount the special expense fee may be?
• The capias does not have to state a time when it is to be returned to the court.
• To plead not guilty, you must post a bond in what amount?
• What may a clerk do when a defendant is unsure how to handle his or her case?
• What must a general-law city do when a municipal judge is temporarily unable to act?
• Which statement about judicial authority is true?
• In Texas, prosecutors must prove that traffic offenders intended to commit the traffic offense.
• Who is the custodian of jail-time credit records and responsible for recording jail-time credit in the docket?
• The 60 cents retained by the city from the State Judicial Support Fee must be used to promote the efficient operation of the municipal court and the investigation, prosecution, and enforcement of offenses that are within the jurisdiction of the court.
• Which statement about ministerial duties is true?
• In which chapter do you find rules regarding surcharges added to driver records for convictions of traffic offenses?
• What court has jurisdiction in the case: A speeding ticket?
• Under municipal court rules, can a judge require a defendant to post a bond in municipal court?
• If a case is appealed, must the court collect the court costs?
• Jail credit period can be from eight hours to twenty-four hours.
• A peace officer may be compelled to serve a subpoena.
• Which statement about degrees of relation by blood is true?
• Which of the following actions would be improper for a clerk to perform?
• Common law contributed to which of the following rights or concepts?
• Under what conditions may a municipal court located in a county with a population of at least 50,000 appoint a non-certified spoken language interpreter for a non-English speaking defendant?
• What does the term 'de novo' mean in the context of a case appealed from a non-record court?
• When may a magistrate issue a summons?
• If a credit card is not honored, the municipal court may issue which of the following?
• A warrant issued by a judge must command that the person be brought before the court.
• Under what condition may the court waive a fine and costs for an indigent defendant?
• Regarding exemptions for full-time students, which statement is accurate?
• If a defendant makes a partial payment before the 31st day after judgment, is the time payment fee due?
• What is the primary purpose of separation of powers?
• When may the trial be on the citation instead of the sworn complaint?
• The signature exception for citations outside Subtitle C is under which article?
• A judge may impose both a fine and a special expense fee when granting deferred.
• Which description correctly lists all the duties of a municipal court clerk regarding fraudulent documents?
• What is the court's telephone number listed in the corrected letter?
• The deadline to pay or post an appeal bond starts when the defendant receives notice of the amount owed after a mail plea.
• The court may assess a dismissal fee of up to $20 for dismissing a charge upon proof of financial responsibility.
• Which statement about expunction costs in municipal court is not true?
• Which statement correctly describes the authority of municipal clerks?
• Many Transportation Code offenses do not require a culpable mental state.
• What is a question of fact?
• When a city police officer issues a citation and there is a conviction, the city must pay the arrest fee to the State.
• Which statement about stress management is true?
• Who is entitled to a subpoena?
• When juror information sheets are collected, they should be filed with the case record.
• If a defendant discharges a fine and costs by community service, the city must pay the court costs from the city's general revenue fund.
• The duty to supply information to OCA may be enforced by which writ?
• A cash bond received by a peace officer must be deposited with the custodian of the funds of the court.
• Using court stationery to write a letter to a company that failed to provide promised service is improper conduct?
• In a county with a population greater than 50,000, the court must appoint a licensed interpreter.
• A person who has been accused of or has been convicted of misdemeanor theft may not be a juror.
• Which branch enacts laws?
• The clerk may serve a subpoena by sending it in the regular mail.
• Municipal court jurors are public servants.
• Both a bailiff and a warrant officer must comply with TCOLE training and standards.
• If a city does not conform with its collection program, the city cannot retain its 10 percent handling fee or 50 percent of the time payment fee.
• Which statement about disabled parking policy is true?
• What is the Office of Court Administration (OCA)?
• Which statement best describes a stated qualification for municipal court jurors?
• The warrant fee is $50.
• Which of the following is NOT a listed method to notify a defendant's attorney of a pre-trial hearing?
• 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.
• Court clerks may give legal advice to citizens if directed by the judge.
• Which statement about warrants is true in the municipal court context?
• The Code of Judicial Conduct governs a municipal judge and clerk's behavior in and out of the courtroom.
• If an adult defendant's attorney appears in open court, the defendant must also appear in open court.
• Why does the court keep a docket?
• Are municipal judges magistrates?
• In the nepotism context, which retention statement is true after a nepotism-related official misconduct conviction?
• How are appellate courts different from trial courts?
• Is it proper or improper for a clerk to refuse to gossip with a friend about your neighbor's son who has a minor in possession of alcohol charge pending in your court?
• When a defendant returns to court after being denied renewal of his or her driver’s license, the defendant must pay the court an additional $30 court cost unless the defendant is acquitted.
• In a general-law city, a city manager may fill a vacancy for the unexpired term of a court clerk's office.
• For a summons issued to a corporation or associate, how must service be effected?
• Judges who know that a defendant has had a prior conviction can impose a higher fine regardless of how the offense was charged by the officer or prosecutor.
• When a defendant does not waive a jury trial, when may the clerk summon prospective jurors?
• Judges have authority to waive court costs and fees when a defendant participates in a teen court program.
• Where are judgments and verdicts required to be rendered?
• Which statement accurately describes the amount of the jury fee when a defendant is convicted by a jury?
• Racing on the highway is classified as which type of offense?
• The maximum fines for failure to appear differ from those for violation of promise to appear.
• Do indigent defendants in municipal court have the right to a court-appointed attorney?
• A citizen filing a complaint with the court is permitted even if no officer is involved.
• Which statement about city officials and traffic revenue enforcement is true?
• Since the preparation of the complaint is a ministerial duty, who usually prepares the complaint?
• A complaint gives notice to a defendant of the offense with which he or she is charged so that the defendant can prepare a defense.
• If a motorcycle operator can produce evidence to an officer who has lawfully stopped them that they are under the exceptions to wearing protective headgear, the officer cannot issue a citation.
• When a person is arrested, where is the officer supposed to take that person?
• Which statement is true about financial management again?
• A plea of not guilty means that a person is denying guilt or has a defense.
• What are the penalty limits of offenses over which municipal courts have jurisdiction?
• What is the definition of venire in court terms?
• When restitution is ordered as a condition of deferred adjudication, restitution can be in an amount up to the fine that could have been assessed.
• Under assignment by court clerk, who communicates with the defendants before scheduling a hearing or trial?
• What is the process called that may be used to sell a defendant's property to satisfy a fine?
• What is the penalty for contempt by an officer's failure to execute process?
• Which code gives municipal judges the authority to conduct marriage ceremonies?
• In municipal court, can a defendant waive the right to a jury trial and opt for a bench trial?
• Courts may grant deferred disposition and allow defendants to pay court costs during the deferral.
• What governs the selection of municipal judges in a home-rule municipality?
• Which statement about the $25 special expense fee for serving warrants outside regular duty hours is correct?
• Using court stationery to write a letter to a company that has failed to provide promised service is proper or improper conduct?
• After the jury is shuffled, what should the clerk do with the new list of names?
• In a bench trial, which entity decides guilt?
• Which entity must authorize payment by credit card for fines and fees?
• When a defendant pays a fine and court costs without sending in a plea, the payment constitutes a plea of nolo contendere and a written waiver of jury trial.
• Which statement is true about financial management responsibilities?
• A complaint not signed by the affiant is still a valid complaint.
• In a general-law city, what happens to the ex-officio status of the mayor if an ordinance is adopted authorizing the election or appointment of a judge?
• For a defendant who pleads guilty by mail, the deadline to file an appeal bond is counted from which event?
• Which of the following is true about motions for continuances for cause?
• Which statement is true about situations where the judge is unavailable?
• A complaint must begin with the words 'In the name and by the authority of the State of Texas'.
• Can a summons issued to a corporation be served by mailing it?
• What procedural step ensures notice that the case was being called in bond forfeiture?
• When do changes to court costs take effect after the legislature changes them?
• What is the purpose of a subpoena duces tecum?
• The city not within 20 miles of an international border must remit to the State 50 percent of the fines collected for over gross weight violations.
• Which statement about the status of municipal judges is true?
• Which of the following best describes the required description of an item requested to be brought to trial?
• Who signs the dismissal judgment that allows the complaint to be dismissed after completing deferred disposition?
• What is the purpose of the court seal?
• Posting a bond with the court is a promise to appear in court.
• A party may request in writing that the subpoena not be mailed.
• Telling sexual or racial jokes to jurors while they are waiting to be called into the courtroom is considered which type of conduct?
• In cities with population under 850,000, the decision to collect a parking fee is made by the city.
• Is the court required to send notice of all traffic convictions to the Department of Public Safety (DPS)?
• If a defendant complies with bond conditions and is convicted, what is the legal treatment of the bond?
• When a warrant is issued, which additional information is required on the docket besides the issuance date?
• Which pair of offices is listed for assistance on a legislative proposal regarding prosecutors in municipal court?
• If the warrant is issued by a magistrate and the name is not known, what description must appear?
• If a defendant calls and wants to reset the case, the clerk has authority to reset the case.
• Is it proper to have the accounting department count and sign for the deposit when turning over a deposit?
• When the court has a computer, how may prospective jurors be shuffled?
• Which office is the primary source for education materials on running a court?
• Which statement is true regarding accepting a felony complaint?
• When a defendant appeals his or her case, what is the clerk required to do?
• When is bond forfeiture reported to the Department of Public Safety?
• Generally, does the city council have a choice about retaining an appointed municipal court clerk who is convicted of official misconduct in the form of nepotism?
• The statement 'A clerk may give legal advice if he or she is certain that the advice is correct' is proper or improper?
• To which agency must surrendered licenses and the conviction record be forwarded after surrender?
• Is mail service of a summons ever appropriate for individuals?
• In an adversarial legal system, who typically decides questions of law?
• When may a clerk grant postponement of jury service?
• Commenting privately to your spouse as to whom would be the best candidate for mayor is proper or improper conduct?
• What information must be in the religious holiday continuance request?
• No driver's license offense is always a Class C misdemeanor.
• What is the first step in the problem-solving approach?
• Is a clerical error in the transcript a basis to automatically dismiss an appeal?
• Common law is primarily based on what?
• Which statement about listening and message interpretation is true?
• Who is required to report convictions and bond forfeitures of traffic offenses to the Department of Public Safety?
• When deferred disposition is granted, when may the court impose the special expense fee?
• If a defendant is convicted of an offense that requires automatic driver's license suspension, which action may the court take regarding the defendant's driver's licenses?
• Which item is included on the docket to record a verdict, if any, and its date?
• Why should clerks observe the same professional standards as judges?
• Maintaining financial responsibility is in which subtitle and chapter?
• Which is the highest Texas appellate court with jurisdiction over juveniles?
• A defendant who pleads guilty by mail and waives a jury trial is considered to have appeared in court for purposes of appeal.
• A mandamus order would compel which person to perform the required act?
• Which of the following is included on the docket to indicate whether an appeal was taken?
• Judicial discretion is guided by which of the following?
• What portion of the time payment fee is remitted to the State Comptroller each quarter?
• What is the penalty for providing false information in a request for an exemption or excuse from jury service?
• If a defendant returns to court after a denial of driver’s license renewal and is acquitted, the $30 court cost is not required.
• Which statement is true regarding dismissal?
• If the warrant was issued by a magistrate, before whom should the arrested be brought?
• Are cities ever required to remit electronically?
• A person who recklessly damages someone else's property even though they might not have intended to do it may be charged with a crime.
• Not explaining all the court options to members of a certain ethnic group is considered which type of conduct?
• A judge who has the authority to hear a case has the authority to issue a capias.
• If a mayor's warrant is endorsed by a judge of a court of record, can it be served in any county?
• Which statement best describes arraignment?
• If the charge for which the defendant's appearance was required is dismissed, the offense of violation of promise to appear must also be dismissed.
• Which statement is true about municipal judges and their status as magistrates?
• Is it proper or improper for a clerk to ask the judge to grant a driving safety course under discretionary provisions to a friend who is not eligible under the mandatory provisions?
• If a defendant makes a partial payment, the vendor is paid after local and state court costs are paid.
• To whom is a warrant directed?
• Which statement about docket records and bound docket books is true?
• Which statement best describes civil cases?
• Does someone who fails to appear and is later arrested and convicted have a right to appeal his or her conviction?
• What is the maximum fine for a Class C Penal Code offense?
• Which of the following describes a typical duty of the clerk before a trial?
• What is the effect of filing a sworn complaint in municipal court?
• Who are a municipal judge's relatives within the third degree by blood?
• Which statement is true about the Code of Judicial Conduct’s scope?
• For what offenses is the court required to report an order of deferred disposition?
• Mailed pleas are timely if deposited in the USPS properly addressed and stamped on or before the appearance date.
• A clerk should report unethical conduct of another court employee.
• If the defendant has been in jail and no new trial is requested, what credit might be given?
• In a general-law city, the court clerk's term is automatically two years unless the city enacts a longer term by ordinance.
• Which of the following must be included in a CMV DR-18 report if available?
• Is it proper or improper for a clerk to tell a defendant that if he wants a jury trial, he will have to appeal the case?
• An appeal of a non-record municipal court case results in which type of trial in the appellate court?
• Is it proper or improper for a clerk to report only moving traffic convictions to the Department of Public Safety?
• The penalty for failure to secure a child under eight in a child passenger safety seat is a minimum fine of $25 and maximum fine of $250.
• Which office should you call for help with collecting the proper court costs?
• Which pair of offenses is explicitly listed as serious traffic offenses?
• Where is the fine portion deposited when there is no new trial?
• Why may a clerk enter proceedings on a docket?
• Civil contempt refers to which outcome?
• Providing information requested under Rule 12 is considered which type of conduct?
• Maintaining competence in court procedures by attending regular educational programs for professional development: is this conduct proper or improper?
• The act of a clerk accepting money to destroy or conceal citations is a violation of the Penal Code.
• When a peace officer with statewide authority arrests a person, the court is required to remit $10 of the warrant fee to the State upon conviction.
• For what offenses must the court order a specialized safety belt course?
• Execution is used to satisfy fines by which method?
• Teaching classes for the Texas Municipal Courts Education Center is considered which type of conduct?
• The assertion that only judges may grant driving safety courses, but clerks may give defendants the paperwork is true.
• What is the purpose of investigating a citizen's complaint by the police department or code enforcement?
• What happens when an appellate court determines that it does not have jurisdiction to hear a case?
• Community service may only be performed for a governmental entity or a nonprofit organization. Which statement is correct?
• Do municipal court defendants have the right to a copy of the complaint?
• 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.
• Under safety belt definitions, a light truck is considered a passenger vehicle.
• Which courts are established by the Texas Constitution and serve as the highest state courts?
• In which subtitle do you find rules on license plates?
• In municipal court, when is the State entitled to a new trial?
• The offense of failing to display an inspection sticker has been repealed.
• Accepting free legal publications from TMCEC is proper conduct?
• Cities must remit one-half of all safety belt fines and fines for not securing a child in a passenger safety seat system to the State at the end of the city's fiscal year.
• Persons who are over 70 years of age may request a permanent exemption from jury duty.
• To assess the costs of an officer testifying, the judge may guess at the amount if the peace officer has not provided information to the court of his or her salary.
• Which of the following is true about jail credit for court costs?
• A family member or friend can be a language interpreter as long as he or she knows both English and Spanish.
• Clerks may not issue arrest warrants. This statement is:
• In an adversarial system, the trier of fact is expected to determine truth when what occurs?
• A municipal court clerk may sign as affiant on a complaint for failure to appear.
• Writing, with the judge, a weekly column about legal matters and court activity for the local newspaper is considered which type of conduct?
• When must court cost reports be filed with the State?
• Appearance by mail gives the defendant a right to appeal.
• When may the judge forfeit a cash bond without going through the bond forfeiture proceedings in Chapter 22?
• For a second offense, which of the following is true about the vehicle?
• A municipal court clerk has a duty to report to his or her judge unethical conduct of another court employee.
• If an appeal is from a court of record, can a defendant withdraw an appeal?
• Which matters must be initiated in municipal court because they occur within the territorial jurisdiction of the city and ETJ?
• What does a plea of not guilty mean?
• Who may determine probable cause?
• Restitution ordered upon conviction by a municipal court is capped at the fine amount assessed for all offenses.
• Indicate whether the following behavior is proper or improper for a clerk (P,I): Recommending a specific driving safety school to a defendant.
• The duties of the municipal court clerk include keeping minutes, issuing process, and performing the duties for the municipal court similar to the county clerks' duties at the county court level. True or false?
• Are defendants in criminal cases entitled to a jury trial?
• Who may challenge the membership of the jury?
• Which statement is true about accepting complaints for felonies?
• If cities want to deny the renewal of driver’s licenses to defendants who fail to appear or fail to pay, they must contract with DPS.
• In the form of what is a summons issued by the municipal judge?
• The following statement is true: The city must remit to the State for every arrest that a city officer makes.
• FMFR is a Rules of the Road offense.
• Define adjudication.
• Under the assignment by court clerk method, who controls the number of defendants set on each docket?
• Who has the right to appeal a municipal court conviction?
• Do mayors have authority to issue warrants for felonies?
• Providing a separate room away from the public for peace officers to swear to complaints and conduct court business helps prevent appearances of impropriety.
• Which office should you contact for proper forms to report traffic convictions?
• Should a municipal court clerk report to the Commission on Judicial Conduct a judge's willful violation of the Code of Judicial Conduct?
• Which statement best describes the clerk's role in the trial process?
• Which option is correct regarding expunction costs in municipal court?
• What is a judgment?
• The warrant fee is assessed only upon conviction.
• Courts are required to report to the Department of Public Safety within 30 days of the date of conviction.
• If the defendant is indigent, what must the court do?
• True or False: A defendant must pay a $5 fee for each juror summoned by a peace officer.
• The judge may require the defendant who successfully completes deferred disposition to pay the fine.
• What must a clerk do if a person claims exemption from jury service based on lack of residence?
• May a municipal judge hire the mayor's daughter as a municipal court clerk in exchange for a job as the mayor's secretary for the judge's first cousin?
• Talking to defendants about who will be the best candidate for mayor is improper conduct for a clerk.
• When a judge or clerk enters proceedings on a docket, what action are they performing?
• What amount must a child pay for the peace officer's service of the summons to his or her parent?
• 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?
• A municipal court clerk may accept food, transportation, and lodging from an organization for whom he or she is making a speech.
• Which statement is true about the authority of clerks and the power of the court?
• An employee of the State Legislature may be eligible for an exemption from jury duty.
• Which statement defines a general-law city?
• If there is not a prosecutor, the judge or the clerk should serve as the prosecutor and represent the State.
• A complaint is defective if either the affiant or the jurat stamps their signature instead of actually writing it.
• When does a peace officer not have to obtain a signature on a citation?
• Which statement about escalation penalties is true?
• Must probable cause always be filed in a separate affidavit from a complaint?
• The anti-bribery statement requirement applies to every time someone is elected, appointed, or reappointed to an office.
• What happens to court costs after a county court conviction in a matter involving municipal court appeal?
• A municipal court clerk is a public servant.
• Amicus Curiae is a special program developed by the Commission on Judicial Conduct to address judicial impairments.
• In what form may a signature on a citation be obtained?
• To whom does the court report when a defendant completes a driving safety course?
• Municipal court does not have jurisdiction over the offense of passing a school bus loading or unloading children.
• What is the penalty for failure to appear for jury duty in municipal court?
• Municipal courts are not required to pay persons who serve as jurors in their courts.
• If a prospective municipal court 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 clerk is appointed?
• The municipal court clerk's records for traffic offenses in a court of record are kept for which of the following?
• Which copy in the out-of-state case process is the defendant's receipt that must be mailed when the case is resolved?
• Which statement about the time payment fee allocation is true?
• Municipal court clerks have the authority to serve a summons.
• Beyond sanctions, which activities does the Commission engage in to support the judiciary?
• The remaining portion of the time payment fee may be used by the city for what purpose?
• What is the penalty for a witness's failure to appear pursuant to a subpoena?
• Do fine penalties for violations of state law offenses vary?
• The Transportation Code requires all cities to allocate fine money collected for traffic convictions in a certain manner in the city's budget.
• What may happen to a municipal judge convicted of hiring his or her niece as a municipal court clerk?
• Which of the following is not part of the required evidence for dismissal under a driving safety course?
• Under The Rule, which participants may be excluded from the courtroom during testimony?
• Who may challenge the membership of the jury?
• What must the court do if a defendant does not speak English?
• When a juror fails to appear, with what offense is he or she charged?
• List the municipal judge's relatives within the second degree by marriage.
• Which statement about penalties is accurate when a specific penalty exists?
• Indicate whether the following behavior is proper or improper for a clerk (P,I): Telling the judge about the belligerent attitude of a defendant scheduled for a bench trial.
• How often must the statement of officer and oath of office be filed?
• What should a juvenile be told regarding his or her address on a citation?
• Is it proper or improper for a clerk to stamp the judge's signature on the docket when the judge is not present?
• Defendants who do not speak English are required to bring an interpreter with them to translate court proceedings.
• If the city keeps court costs in an interest-bearing account, what determines whether the city may retain the interest?
• Is it permissible to place all offenses on a single complaint when a defendant is charged with more than one offense?
• Do defendants charged with Class C misdemeanors in municipal court have to follow the same bail rules as someone posting a bond for trial in district court?
• The maximum fine for failure to appear is $200.
• A city with a population less than 850,000 must use the money collected for the Child Safety Fund for a school crossing guard program if the city operates one.
• A clerk may explain court procedures to a defendant and give a pamphlet describing these processes and rights.
• Which of the following is not an allowed plea when a citation is filed?
• A warrant issued by a magistrate must command that the person be brought before a magistrate.
• Under what circumstances may personal information about jurors be released?
• What type of records must a municipal court clerk of a court of record keep regarding traffic offenses?
• The officer must bring the arrestee before a magistrate no later than 48 hours after arrest.
• Defendants may request that their trials be closed and not open to the public.
• Which statement is true about city ordinance cases and extraterritorial jurisdiction?
• May the court require an adult defendant's personal appearance if the defendant delivers the plea of guilty or nolo contendere and a waiver on or before his appearance date?
• How may a court require payment of court costs when granting deferred disposition?
• Completing which program triggers reporting to DPS?
• Which statement best defines the evidence required for probable cause?
• A judge can issue a warrant of arrest for a defendant charged with a Class C or fine-only misdemeanor in the judge's court upon the filing of a sworn complaint or probable cause affidavit.
• Improper conduct includes failure to conduct court business in a timely manner.
• What evidence must a defendant present the court before a court can dismiss a charge for which a driving safety course was granted?
• Speeding can be filed as a city ordinance violation.
• Is it true that a municipal court clerk has the authority to issue a summons?
• The clerk may ask the defendant how he or she wants to plead. This statement is:
• A defendant under the age of 25 charged with a moving violation is granted deferred; the judge must make the defendant take a driving safety course as a term.
• What is a clerk required to do after warrants have been executed?
• What must the court report when a defendant charged with a traffic offense completes teen court?
• In the assignment by court clerk method, who has direct control over which defendants are placed on the trial docket?
• In a bench trial, who determines the verdict?
• Which of the following is considered a passenger vehicle under safety belt definitions?
• What cost must a petitioner pay when requesting an expunction from municipal court?
• The defendant cannot be compelled to testify.
• Is establishing and maintaining a records management program to ensure the proper processing of cases proper or improper?
• Is it permissible for a defendant to be represented by an attorney when requesting a jury trial, with the prosecutor's consent?
• Which statement about court letterhead is true?
• Under what conditions may a qualified telephone interpreter be sworn to interpret in a criminal proceeding?
• How long does the city secretary have to report to the Texas Judicial Council after a person's election or appointment?
• Under the mailbox rule, a motion for a new trial is timely when deposited with the USPS in a first-class envelope properly addressed to the clerk on or before the filing date and received by the clerk not later than the 10th day after the filing date.
• Under the policy, which fee may the court assess upon conviction when a city contracts with the Texas Department of Motor Vehicle to deny vehicle registration to defendants who fail to pay or appear?
• Who receives a copy of the new list after it is created?
• The fine for a first conviction for failure to maintain financial responsibility is a minimum fine of $175 and a maximum of $350.
• What is court decorum?
• Which office is permitted to administer an oath to a complaint?
• What must accompany a guilty or nolo contendere plea delivered to the court?
• The $3 Traffic Fund court cost must be collected on all traffic convictions.
• Who is required to keep records of persons charged with traffic offenses?
• The offense of public intoxication may not be filed in municipal court by citation, but must be initiated by a sworn complaint.
• Clerks should keep records of restitution payments and coordinate payments to victims.
• Which statement is true about court dismissals?
• Which statement about the Office of Court Administration's relationship to the Supreme Court is correct?
• What type of description must the subpoena give of an item requested to be brought to trial?
• If a person charged with an expired driver's license obtains a valid driver's license within 20 working days, the court may dismiss the charge and assess a $20 fee.
• A judge is not liable for damages arising from a manual labor act performed under a court order if the act was not intentional, willfully, or wantonly negligent.
• The court keeps a 10 percent handling fee on the Consolidated Fee if remitted and reported timely.
• For a conviction of theft of gasoline, to whom is the court required to report the conviction?
• A person who is a full-time student may claim an exemption from jury duty.
• Courts are required to appoint interpreters for witnesses who do not speak English.
• When a defendant fails to file an appeal bond within the required time limit, what happens?
• Which statement is true about court ethics?
• May a court seal be created electronically?
• Which statement is true about dismissal authority?
• A summons issued by the municipal judge is supposed to be in the same form as a felony warrant of arrest.
• When an officer testifies during regular duty hours, the defendant, if convicted, must pay the costs of the officer's time testifying in court.
• Sending money to the court constitutes pleading guilty.
• A complaint is valid as long as it has been sworn to even if the person administering the oath does not sign the jurat.
• True or False: An adult defendant requesting a jury trial must personally appear.
• Which statement about notice timing is correct?
• Traveling free to Las Vegas on a law firm's private plane is improper conduct?
• What is the minimum fine for helmet violations?
• In which subtitle do you find rules about privileged (handicap) parking?
• A subpoena is not valid unless the municipal court seal is impressed on it.
• What is a venire?
• When a defendant with a provisional driver's license charged with a moving violation is granted deferred, the only mandatory requirement is to take a driving safety course.
• In a case involving child custody, which court has jurisdiction?
• Which statement is true about clerks dismissing offenses for failure to maintain financial responsibility when the judge is on vacation?
• The Rule can be invoked to exclude witnesses from trial.
• When is a person presumed to have willfully refused to supply information to the Office of Court Administration?
• If the warrant was issued by a judge, before whom should the arrested be brought?
• A defendant who took a driving safety course four months earlier cannot take a driving safety course for ticket dismissal.
• True or False: A judge may talk with a person who wants to file a claim in municipal court for restitution for $700 for a fence damaged by a vehicle that lost control and drove through it.
• When a defendant completes the terms of deferred disposition, what should the clerk note in the docket?
• What happens to the handling fee if a city does not report timely?
• Which of the following statements about fines and penalties is accurate?
• Writing, with the judge, a weekly column about legal matters and court activity for the local newspaper is considered which type of conduct?
• Which statement is true about courthouse ethics?
• What is the range for the first offense financial responsibility fines?
• In a court with a part-time judge, granting deferred disposition to defendants who request it, and later having the judge sign the clerk's paperwork for those defendants, is this conduct proper or improper?
• Who may request a continuance when the trial date falls on a religious holiday?
• What is the arrest fee?
• Which item must be included in the CMV DR-18 report if available?
• Which of the following rights is granted to a person charged with indirect contempt?
• 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.
• The DIC-81 form is used in which of the following contexts?
• The vendor's fee for a defendant who failed to appear is based on the amount of the fine eventually assessed by the court or jury.
• Why are lasting impressions of the American justice system often formed in municipal courts?
• Which statement about the Juvenile Case Manager Fee is true?
• What is the required wording of the endorsement if a judge of a court of record endorses the warrant?
• Which statement about dietary changes and stress is true?
• A summons for a corporation or association requires the court to wait 20 days after service before requiring an appearance by counsel.
• In Texas, drivers must adhere to a strict standard of care when driving.
• Stamping the judge's signature in the docket because the judge only comes in once a month and doesn't have time to sign the docket.
• State inspections of motor vehicles and equipment are no longer required after March 1, 2015.
• In which section do you find information about quotas being prohibited?
• The offense of failure to appear is a Class C misdemeanor if the offense for which the person was required to appear is also a Class C misdemeanor.
• Which item indicates the trial type in a docket entry if a trial occurred?
• True or False: 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 determine where to file.
• The defense does not have a right to cross-examine the prosecution's witnesses.
• The $5 fee related to jurors is collected upon conviction, not for each juror summoned.
• Municipal courts are required to collect a $3 jury fee upon conviction by a jury.
• Court reporters must keep their records of a trial for 20 days, beginning on the last day of the trial or until an appeal is final.
• Which statement about the Commission on Judicial Conduct is correct?
• If you are unsure how to handle a potential ethics issue involving a judge, what is a recommended first step?
• What action should a clerk take if they suspect a judge has violated the Code of Judicial Conduct and the violation raises a substantial question as to the judge's fitness?
• A contract with DPS (OmniBase) for denial of driver's license renewal applies to what offenses?
• Which statement is accurate about stress and planning?
• What are the three objectives of the Commission on Judicial Conduct?
• Accepting an invitation to a Christmas party that is being conducted by a company with a pending case in your court is proper or improper conduct?
• For a non-record municipal court seal, what is true about its wording?
• The only time that a municipal judge may issue a summons is when the city prosecutor makes a request for its issuance.
• When a defendant is found guilty, they may...
• What happens if a court does not receive a motion for new trial by the time deadline for the judge to rule on the motion?
• If a person is arrested in a county other than the one from which the warrant was issued, the peace officer must transport the person immediately to the magistrate who issued the warrant.
• The Consolidated Fee is collected on all Class C misdemeanor convictions.
• If a statute does not state that a culpable mental state is required, which culpable mental states should be alleged in the complaint?
• Jail-time credit applies from the time of arrest and confinement until the sentence by the trial court. Is this statement true?
• Is it proper or improper for a clerk to see prisoners on the weekend to tell them what they are charged with and set their fines because the judge is on vacation?
• A judge would be disqualified from hearing a case involving a spouse because of affinity within the first degree.
• The warrant fee must be allocated to the police department budget.
• A signature of the affiant or jurat can be electronically captured.
• Information gathered by the Commission on Judicial Conduct may never be made public.
• Who can make a decision about how a defendant satisfies a judgment?
• A judge may assess a special expense fee when granting deferred.
• Which office handles information on judicial ethics?
• Under the electronic remittance rule, when is a city required to remit court costs electronically?
• Under deferred disposition, if the defendant completes all terms, will the DPS be notified of the traffic conviction?
• Copies of state reports retained by the court are governmental records.
• A complaint may contain probable cause if additional information is added to the complaint to cause the judge to believe the defendant committed the crime.
• Why can a municipal court clerk not issue a warrant or capias?
• If a subpoena is mailed, it must be sent certified mail return receipt requested.
• If a defendant is granted a driving safety course, the defendant must pay court costs.
• A file is initiated with the Commission on Judicial Conduct when the Commission receives a telephone complaint.
• Which option reflects a dietary coping strategy for stress?
• When a municipal judge is temporarily unable to act in a general-law city, what powers does the appointee have?
• In a city with a population less than 850,000, the municipal court is required to collect a parking fee of up to $5 if the city orders the collection.
• Under Texas law, interpreters not licensed may only be appointed if they are qualified under what?
• The penalty for not wearing a helmet is a maximum fine of $200.
• Which statement is true about Emergency Protective Orders?
• True or False: 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.
• The statement 'Only the officer who personally observed an offense may be an affiant on a complaint' is true.
• If a peace officer is unable to serve the subpoena, he or she must state the diligence used in attempting to locate the witness.
• What is a judgment nisi?
• The statement 'The judge and clerk may help and prosecutor , police officer and or code enforcement officer investigate a crime' is true or false.
• The jurat in a sworn complaint is best described as which of the following?
• Which statement best describes the relationship between the Commission on Judicial Conduct and the principle of judicial independence?
• For offenses that require automatic driver's license suspension, what is the minimum and maximum time the court may suspend the license?
• If a clerk suspects an error on a traffic citation, the clerk may fix the error themselves.
• The court is required to assess the $5 arrest fee when a defendant is convicted after a warrantless arrest.
• What might happen if a clerk's conduct is improper?
• Which statement about workplace stress is true?
• Which statement about search warrants is true?
• When is a suspension or denial of a driver's license for a conviction of an Alcoholic Beverage Code offense effective?
• A court may require payment of court costs before granting deferred disposition, or allow installments, or require community service, or both.
• If a defendant refuses to plead, what must the court do?
• Issuing subpoenas when requested by the State or defense: is this conduct proper or improper?
• Statement: A municipal judge may issue a summons.
• If the defendant wants a new trial, what must the defendant do?
• A judge does not need probable cause to issue a capias.
• Who is custodian of the funds of the court in your city?
• Why should clerks report an out-of-state violator as soon as they fail to appear or fail to pay?
• What happens if a citation does not notify the defendant of the right to take a driving safety course?
• Is a specialized safety belt course required for all DSC recipients?
• What kind of order is a warrant of arrest?
• What is a capias pro fine?
• The regulation of bicycles in Subtitle C is governed by which Chapter?
• In this jurisdiction context, which court would hear a divorce case?
• The statement 'If a clerk gives legal advice it may compromise the impartiality of the court' is true or false?
• The judge may reschedule a prospective juror's jury service for medical and hardship reasons.
• A judge would be disqualified from hearing her brother's speeding ticket because they are related by consanguinity within the second degree.
• Correspondence received from the defendant is a governmental record.
• Which statement is true regarding the use of city telephones by a judge?
• What must a judge do if the defendant fails to present satisfactory evidence of completion within the deferral period?
• By what deadline must the clerk provide written notice to the aggrieved person after the fraudulent document is submitted for filing?
• If a defendant appeals a traffic conviction, when does the municipal court report the conviction to DPS?
• Which statement about mailing subpoenas is true?
• If a defendant has no attorney, which option is a valid method of notifying them about a pre-trial hearing?
• Public access to municipal court trials is generally allowed.
• Under a judge's authority, when a defendant reimburses a victim by installments, a $12 fee may be required.
• If a court fails to report traffic convictions to DPS, what could happen to the judge or clerk?
• The prosecutor, with the consent of the judge, has the authority to dismiss a case.
• Which action is most severe?
• The judge has authority to waive the fine and costs after the defendant defaults on payment, is indigent, and unable to perform community service. This statement is:
• What is the maximum amount of a fine for a Class C Misdemeanor offense in the Penal Code?
• Accepting gifts from a friend or relative on special occasions when the friend or relative is not before the court is proper or improper conduct for a clerk?
• Is it permissible for a municipal judge to hire his or her spouse's sister as a municipal court clerk?
• Wearing political T-shirts and buttons for local political races while at work is proper or improper conduct?
• How many jurors are ultimately selected for the jury?
• Do municipal court clerks may administer an oath pertaining to any matter in municipal court?
• If an agency, other than the one issuing the warrant, executes the warrant, that agency may request the $50 fee.
• Prosecutors help investigate and decide what complaints are filed in court.
• Accepting free legal publications from TMCEC is proper or improper conduct for a clerk?
• Where is a capias returned to?
• Which statement describes the condition for forfeit of cash bond without bond forfeiture proceedings?
• The period of time for jail-credit is defined as not less than 8 hours and not more than 24 hours as specified in the judgment. Is this statement true?
• A city with population greater than 850,000 is required to use the Child Safety Fund for the purpose of providing school crossing guard services.
• A non-attorney municipal judge may issue a blood search warrant.
• By what deadline must court activity be reported to OCA?
• Who may issue a capias when authorized to hear the case?
• Who is responsible for providing a licensed interpreter in court when a defendant does not speak English?
• Who keeps five percent of the State Traffic Fine?
• Which item is NOT required identifying information on the monthly report form?
• Which of the following is not a level in the Transportation Code's organizational structure?
• Which statement about listening is true?
• Is it proper or improper for a clerk to report only moving traffic convictions to the Department of Public Safety?
• When a defendant is convicted of an Alcoholic Beverage Code offense, what information must the court report to DPS?
• Which statement reflects the recommended arrangement for court entrances relative to the police department?
• A person who is not registered to vote may not serve on a jury.
• What is the general penalty for contempt in municipal courts?
• Judges must always remain neutral when assessing probable cause.
• 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.
• Which statement about signatures on a complaint is true?
• When a city contracts with DPS, the $30 fee is required under which circumstances?
• List criteria that you use to establish trial dates.
• Name the two types of municipal courts a city may choose to have.
• Under-5,000 population cities must pay the school district one half of the fines after 30 percent of the budget is reached.
• What additional information is required on a citation for a person who holds a Commercial Driver's License?
• When may the court proceed to trial using the citation as the charging instrument?
• Fines are only imposed upon conviction.
• Judges may consider factors related to revenue for the city in determining the fine and court costs in an individual's case.
• If the court orders a defendant to pay restitution in installments, what is the amount of the restitution fee the court may require?
• True or false: Judges do not have discretion to reduce the fine or remit the fine if the subpoenaed witness eventually appears and testifies.
• Which statement about naming the judge on a warrant is correct?
• On a conviction for a second or subsequent offense of failure to maintain financial responsibility, the court is required to order the impoundment of the vehicle.
• Who must appear in court when a magistrate issues a summons?
• Which statement accurately describes whether statutes establish limits on the maximum penalties municipalities can create in ordinances?
• Which statement best describes the purpose of the Child Safety Fund?
• If a defendant is arrested, jailed, and later convicted, what must the court do regarding jail-time credit?
• If the affiant does not sign the jurat, what happens to the complaint?
• What must the clerk do upon receiving an appeal bond?