Athens City Code

1. (1) Appointment. The city judge designated by the Charter to handle judicial matters within the city shall be appointed by and shall serve at the pleasure of the city council.
2. (2) Vacancies in office. Vacancies in the office of the city judge arising from resignation, disqualification, or other reason shall be filled in the same manner as prescribed for the appointment of a city judge.
3. (3) Qualifications. The city judge shall be licensed to practice law in the state and shall be a resident of the county. Removal of the judge's domicile from the county shall remove him or her from office and create an immediate vacancy in the office of city judge.
4. (4) Judge pro tem. During the absence of the city judge from his duties or the office of the city judge is vacant, the city council may appoint a city judge pro tem to serve until the city judge returns to his duties or the office of city judge is no longer vacant. The city judge pro tem shall have all the required qualifications and shall have all the powers of the city judge.

The city judge shall have the authority to try persons charged with the violation of this Code and other municipal ordinances and to punish persons convicted of such violations by levying a civil penalty under ACC 1-13.

When the city judge is absent or unavailable to preside over the city court, an acting city judge, designated in accordance with the provisions of art. XXII, § 1, of the Charter, shall preside over the city court.

(Code 1972, § 1-701; Code 1995, § 3-101)

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)

1. (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. (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. (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. (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.
   
   1. (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.
      
   2. (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.
      

(Ord. No. 1015, § 1, 2-19-2013; Ord. No. 1028, § 1, 6-17-2014)

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)

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)

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)

When a complaint of an alleged ordinance violation is made to the city judge, the judge may, in his discretion, in lieu of issuing an arrest warrant, issue a summons, ordering the alleged offender to personally appear before the city court at a time specified therein to answer to the charges against him. The summons shall contain a brief description of the offense charged but need not set out verbatim the provisions of the ordinance alleged to have been violated. Upon failure of any person to appear before the city court as commanded in a summons lawfully served on him, the cause may be proceeded with ex parte, and the judgment of the court shall be valid and binding subject to the defendant's right of appeal.

(Code 1972, § 1-703; Code 1995, § 3-301)

The city judge may subpoena as witnesses all persons whose testimony he believes will be relevant and material to matters coming before his court. It is unlawful for any person lawfully served with such a subpoena to fail or neglect to comply therewith.

(Code 1972, § 1-704; Code 1995, § 3-302)

Any person dissatisfied with a judgment of the municipal court against him or her may, within ten days after such judgment is entered (excluding Sundays), appeal to the county circuit court upon giving bond.

(Code 1972, § 1-707; Code 1995, § 3-401)

1. (1) Appeal bond. An appeal bond in any case shall be $250.00 for such person's appearance and the faithful prosecution of the appeal.
2. (2) Oath and affidavit of indigency. A bond is not required, provided the defendant/appellant files an oath of poverty with an accompanying affidavit of indigency. The affidavit of indigency must be sworn to by the defendant/appellant and the facts therein may be investigated.
3. (3) Form of oath. The oath shall be as follows:
   
   "I, [Name], do solemnly swear under penalties of perjury that, owing to my poverty, I am unable to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief."