Municipal Court
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Carl Johnson
Municipal Judge
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City of Abernathy
🎄Mark Your Calendars for the
Abernathy Lighted Christmas Parade
Wednesday, December 11 ⛄️
Come listen to the Abernathy Band, grab some coffee and dinner & have cookies and pictures with Santa!
Please contact City Hall if you have any questions!
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Belinda Rodriguez
Mark Escalera Jr.
Angel Espinosa
About the Court
Most citizens have their first and only encounter with the judicial system, at the local or Municipal Court level. You will find the Abernathy Municipal Court and its personnel will to be friendly and helpful if you work within the system and not against it.
Although the Judge does not always stay at the Municipal Building, the Court Clerk can reach him as needed.
The Municipal Court has criminal jurisdiction over Class C Misdemeanors and some other fine-only State Law violations. The Municipal Courts have the authority to enforce municipal ordinances and the Municipal Court’s enforcement powers generally stop at the city limits.
Although the Municipal Court is created by State statute, it is also a part of the City Government. The Municipal Judge is appointed by and serves at the will of the Mayor. The Judge offices in the City Hall building but is not under any administrative control of any other city employee whatsoever.
As a result, it must operate within the overall governmental context yet maintain its independence from the other governmental branches and agencies of the City.
Governing Laws
The laws that govern Municipal Court authority and jurisdiction are spread through many different statutes and codes including:
- United State Constitution
- Texas Constitution
- Texas Government Code
- Local Government Code
- Texas Penal Code
- Texas Code of Criminal Procedure
- Alcoholic Beverage Code
- Family Code
- Traffic Laws
- Parks and Wildlife Code
- City Ordinance Code of Abernathy Texas
What to Expect
The following is a brief overview of what one might consider the typical situation for Municipal Court, however, it is just that, “brief.” For specific information on procedures, please visit Municipal Court Procedures.
- Each person issued traffic citations has 10 or more days to contact the Court concerning the issuance of a traffic citation.
- Failure to make contact with the Court within the prescribed time limit will result in a "Failure to Appear" charge and arrest warrant to be issued.
- If you wish to appear before the Court for a citation issued, you will be given the opportunity to request or waive your rights to trial by jury or the Judge, enter a plea and discuss the matter before the Court. If you wish to enter a plea of "Not Guilty", it must be in writing and a Trial date will be set.
- The main thing to remember is, to avoid any further complications or problems, make contact with the Court within the time limits stated on the citation.
What is Expected of You
You should be aware that the Judge expects, if not demands, that people appearing before him, conduct themselves as ladies and gentlemen.
The Judge absolutely WILL NOT tolerate any cursing, racial slurs, argumentative or combative behavior from anyone, toward the Court, its personnel, or other parties in the matter before the Court. As provided by Texas Statute, Contempt of Court proceedings will be used, as needed, to effectively deal with those persons who choose not to conduct themselves with proper dignity and respect.
Every reasonable effort, within the law, will be made to work with any person having business before the Court.
Should it be necessary for you to have business with this Court, please be aware that the ultimate goal is compliance with the Laws of Texas and Ordinances of the City of Abernathy, without bias or prejudice to anyone. When the matter is brought to its conclusion, hopefully, no person will leave the Court without feeling that they have “had their day in Court”.
Staff
Carl Johnson
Municipal Judge
806-298-2546
