This article will talk about and give you a brief overview of what a municipal court is, how it differs from other courts, and some of the things they are responsible for. Make sure to read on to the end so that you can have all the information needed in order to answer any questions that may come up about what a municipal court is.
What is a Municipal Court?
Municipal Courts are courts that govern certain civil claims and violations of local ordinances within their jurisdiction. The courts have the authority to hear claims for money damages or injunctions of unlawful conduct and violations of local ordinances. Most often, these lawsuits come from police departments, community action groups, and other civic groups.
Depending on the city or town in which your lawsuit is being filed, a Municipal Court may be a separate court with its own building and judges. Sometimes, Local Municipal Courts will decide cases in state courts and vice versa. However, this certainly does not apply to all municipalities in the U.S. For example, in a municipal court case, the judge and prosecuting attorney are often the same person.
So What’s the Difference? What can you Expect to Happen and Who Sits on the Bench?
The following is a brief outline of what happens at a municipal court. A more in-depth description will be provided in an upcoming section.
The Judge
Many rural areas do not have a district court and thus use municipal courts to prosecute criminal cases. The judge is also the prosecutor, as there are no prosecutors or public defenders like in a district court. This is both good and bad for the involved. The good is that the judge knows all the facts of each case, which can help with conviction rates. The bad is that they have an inherent conflict of interest. Many state laws even say a judge cannot be a prosecutor and must have a prosecuting attorney present in order to prosecute cases, but this is not always the case. Having a judge act as both judge and prosecutor may affect their judgement when hearing the facts, therefore making it difficult for you to get a fair trial.
The Prosecutor
The county prosecutor is filed a motion to dismiss the charges, you must request a continuance from the court. This can be used to your advantage by using this delay to get an attorney or evidence for your case. The prosecutor’s job is to ensure that justice is served and that each victim has a voice. The prosecutor’s job is to make sure incidents are properly handled in court and that victims need not suffer any further abuse by the defendant.
Clerk’s Duty
The clerk of the court is the one who will be working with you in court. They will present your case to the judge and keep records of everything that goes on. The clerk is also the person who performs various administrative roles related to the administration of justice, such as case management, court reporting and record keeping. This can be a pretty thankless job because many people automatically assume they are there to help them. But remember, they are there to help you, simply because you need it.
The Defender
Defendants in the Municipal Courts are represented by the defender agency. The defender is a separate program from the Public Defender’s office, it is funded by the state, but independently operated. Their duty is to ensure that everyone is treated equally and fairly in court. But remember, there is no getting around the fact that you must pay for your own attorney if you cannot afford one.
The Public Defender
The Public Defender’s Office is a government agency that provides legal services to those unable to afford a private attorney. It is funded by the state, but is managed independently by the Governor’s Office of Consumer Counsel. They are there to provide you with an attorney if you cannot afford one. If you are found guilty, they will help file any further appeals that may be available. Their goal is not to get you off but to ensure that your rights are protected and that you receive fair treatment in court.
Case Management
Case management is the primary responsibility of the clerk, who will be working with you at your court hearing. The nature of their job is to keep you informed of what is going on with your case. They will also be reporting to the judge and the prosecutor. They are not a counselor but rather just there to make sure things get done in an efficient and timely manner. Case management is also what keeps everyone on schedule, both for court and for other items that need to be taken care of before or after each hearing.
Public Defender’s Office
The Public Defender’s Office is a government agency that provides legal services to those unable to afford a private attorney. It is funded by the state, but is managed independently by the Governor’s Office of Consumer Counsel. They are there to provide you with an attorney if you cannot afford one. If you are found guilty, they will help file any further appeals that may be available. Their goal is not to get you off but to ensure that your rights are protected and that you receive fair treatment in court.
Salary
The salaries for each type of court vary depending on the region, and individual factors such as education and experience. When seeking employment, be sure to inquire about starting salary and benefits. Most police officers are paid $46,000 – 52,000 a year with medical, dental and prescription insurance. Municipal court judges make $57,000 – 65,000 a year with medical, dental and prescription insurance.
Municipal court is a very unique area of law, one that often goes unnoticed by the public. It is an important venue where many legal questions are answered, rights asserted and applications made. Municipal courts are not as glamorous as their big city counterparts, but they still play an important role in society. The best way to really understand this particular part of the legal system is to become personally involved and learn first hand the difference Municipal courts can make to your life.
