Athens City Code
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ContentsCHAPTER 3-II COURT ADMINISTRATION
CHAPTER 3-II COURT ADMINISTRATION
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3-25 Maintenance Of Docket
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The city judge shall keep or cause to be kept a court docket which shall include the following information: the name of the defendant, the nature of the offense, the date of the trial, the findings of the court, the amount and date of payment of civil penalties, costs and forfeitures and any other information deemed pertinent.
(Code 1972, § 1-702; Code 1995, § 3-201)
3-26 Imposition Of Penalties And Costs
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- (1) All penalties and costs shall be imposed by the city judge and recorded by the court clerk on the city court clerk docket in open court.
- (2) In all cases heard and determined by the city judge, the city judge shall impose court costs in the amount of one hundred twenty dollars ($120.00). From the court costs, two dollars ($2.00) shall be forwarded by the court clerk to the state treasurer to be used by the administrative office of the courts for training and continuing education courses for municipal court judges and municipal court clerks in accordance with Tennessee Code Annotated § 16-18-304.
- (3) Defendants who are designated to appear in court and fail to do so shall be imposed an additional court cost of twenty dollars ($20.00).
- (4) A state privilege tax on litigation of thirteen dollars and seventy-five cents ($13.75) shall be imposed in accordance with Tennessee Code Annotated § 16-18-305(a). This tax shall be collected by the municipal court clerk, remitted to the State Department of Revenue, and included in the total court costs.
- (a) When a defendant pays fines and costs before appearing in court this payment is treated as a "cash bond." If the defendant fails to appear, the bond is forfeited. In such cases, instead of the standard litigation tax, a "Cash Bond Forfeiture Fee" of $13.75 is collected. This fee is reported separately to the Tennessee Department of Revenue and is distinct from the litigation tax.
- (b) If a defendant appears in court and is found guilty the standard litigation tax of $13.75 is imposed. This tax is collected by the court clerk and remitted to the Tennessee Department of Revenue.
- (a) When a defendant pays fines and costs before appearing in court this payment is treated as a "cash bond." If the defendant fails to appear, the bond is forfeited. In such cases, instead of the standard litigation tax, a "Cash Bond Forfeiture Fee" of $13.75 is collected. This fee is reported separately to the Tennessee Department of Revenue and is distinct from the litigation tax.
(Ord. No. 1015, § 1, 2-19-2013; Ord. No. 1028, § 1, 6-17-2014)
3-27 Disposition And Report Of Civil Penalties, Costs And Forfeitures
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The city manager shall designate a city employee to collect and pay over daily to the director of finance all civil penalties, costs and forfeitures levied by the city court. At the end of each month, such collector shall submit to the city council a report accounting for the collection or non-collection of all civil penalties and costs imposed by the court during the current month and to date for the current fiscal year.
(Code 1972, § 1-708; Code 1995, § 3-202; Ord. No. 1015, § 2, 2-19-2013)
3-28 Disturbance Of Proceedings
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It is a civil offense for any person to create any disturbance of any trial before the city court by making loud or unusual noises, by using indecorous, profane or blasphemous language, or by any distracting conduct whatsoever. Disturbance of proceedings is punishable by a civil penalty of $50.00 or such lesser amount as may be imposed in the judge's discretion.
(Code 1972, § 1-709; Code 1995, § 3-203; Ord. No. 1015, § 2, 2-19-2013)
3-29 Trial And Disposition Of Cases
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Every person charged with violating a municipal ordinance shall be entitled to a trial and disposition of his case when the city court is in session unless, by reason of drunkenness or other incapacity, such alleged violator is not in a proper condition or is not able to appear before the court.
(Code 1972, § 1-705; Code 1995, § 3-204; Ord. No. 1015, § 2, 2-19-2013)