Loading...
HomeMy WebLinkAboutORD 07-103 ORDINANCE NO. 07-103 ENTITLED AN ORDINANCE ADOPTING LOCAL RULES OF THE BEAUMONT MUNICIPAL COURT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, Article 45.203 of the Texas Code of Criminal Procedure authorizes the governing body of a municipality to adopt rules and regulations concerning the practice and procedures in its municipal court; and, WHEREAS, the City Council is of the opinion that the Local Rules of the Municipal Court should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the Local Rules of the Municipal Court attached hereto as Exhibit"A"and made a part hereof for all purposes are hereby adopted and approved. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. �%CSC�U�NT\�1111 - May r Becky Ames - � w MOR City of Beaumont - Rules of the Court LOCAL RULES OF THE MUNICIPAL COURT CITY OF BEAUMONT It is intended that these Rules be construed consistent with Article 45.001 of the Texas Code of Criminal Procedure. Furthermore, these Rules may be amended from time to time so as to be consistent with State and Federal law and the Ordinances of the City of Beaumont. BE IT' KNOWN that on this day, , 2007, the Municipal Court of Beaumont, Texas has adopted its LOCAL RULES OF THE MUNICIPAL COURT, in order to provide efficiency, uniformity and fairness in conducting the business of this Court. James D. McNicholas Chief Magistrate Theodore J. Johns Associate Judge Craig R. Lively Associate Judge EXHIBIT "A" TABLE OF CONTENTS RULE ONE: APPEARANCE AND ENTRY OF A PLEA RULE TWO: COURTROOM DECORUM RULE THREE: NOTICE RULE FOUR: MOTIONS FOR CONTINUANCE RULE FIVE: OTHER PRE-TRIAL MOTIONS RULE SIX: PRE-TRIAL DOCKET RULE SEVEN: OTHER DOCKETS AND ORDERS RULE EIGHT: TRIAL SETTINGS RULE NINE: POST TRIAL RULE TEN: PAYMENT OF FINES RULE ELEVEN: DISMISSALS RULE TWELVE: JUVENILES RULE THIRTEEN: WARRANTS RULE ONE: APPEARANCE AND ENTRY OF A PLEA RULE 1.1 - APPEARANCE The Court appearance date that appears on a citation or summons is the initial appearance setting to inform the defendant of the charges pending. RULE 1.2—INITIAL APPEARANCE DOCKET AND TRIAL REQUEST RULE 1.2.1 The purpose of the initial appearance setting is to determine the defendant's plea to the offense charged and for the Court to apprise defendants of their Constitutional Rights. At the initial appearance setting, the defendant may enter a plea of guilty, not guilty, or nolo contendere (no contest). If the plea is guilty or nolo contendere, the defendant may give an explanation in mitigation of any fine or punishment to be assessed prior to the Judge assessing such fine or punishment. If a not guilty plea is entered, the case will be set for a trial at a later date. If the defendant wishes to have a trial by jury, a jury trial request should be made at the initial appearance. RULE 1.2.2 The appearance setting for those persons detained in the Jefferson County Jail for criminal offenses within the jurisdiction of the City of Beaumont Municipal Court shall be held each weekday at times prescribed by the Chief Magistrate. RULE, 1.2.3 Failure of the defendant to timely appear on or before the initial appearance date will result in the issuance of a warrant for the defendant's arrest. RULE, 1.2.4 Upon making a request for trial, the attorney of record shall provide the attorney's name, office address, bar card number, and telephone number. A defendant representing himself/herself and requesting a trial shall provide the Court with current work and home address and telephone numbers. RULE; 1.2.5 Until a matter is finally concluded and the case file is closed, the defendant is responsible for keeping the Court informed of any change in the defendant's address or telephone number. RULE. 1.3 - WRITTEN PLEA All pleas shall be in writing, except for pleas entered in open Court before a Judge. A fine payment shall constitute a plea of nolo contendere (no contest) as allowed by law. RULE 1.4—PLEA BY MAIL The date of the postmark shall be designated as the date of filing of any plea received by mail. RULE 1.5—PLEA BY FAX The date of receipt of a FAX by the Court Clerk's office shall be designated as the date of filing of any plea. RULE 1.6—DEFENDANT'S APPEARANCE A defendant who is not represented by an attorney must appear in person at all Court settings of his/her case(s). RULE 1.7—PREFERENTIAL TRIAL SETTINGS To receive a preferential setting, subject to the Court's approval, a party must meet one of the following criteria: a. reside more than fifty (50) miles outside of the city; b. have a circumstance, condition, illness, or injury that would necessitate an expedited or specially set disposition of the case; C. have a non-defendant witness who has appeared on at least two prior trial settings without their case having been reached, or d. present evidence to the Court of other sufficient good cause noted by the Court in the case file to warrant a preferential setting. RULE TWO: COURT DECORUM RULE 2.1 —COURTROOM ORDER RULE 2.1.1 The Court is charged with the responsibility of maintaining proper order and decorum. Order shall be maintained at all times. Violation of this rule can result in a reprimand by the Court, expulsion from the Courtroom or a contempt citation. All litigants, jurors, witnesses, lawyers, and others with whom the Court deals in an official capacity are to conduct and dress themselves in a manner deemed fitting and respectable. Courtroom dress and attire must conform to Local Rule 2.2 RULE, 2.1.2 Unless a party/attorney is making an objection, only one person may speak at a time. No one may talk while the Judge is talking. All participants will address others respectfully. RULE 2.2 - COURTROOM DRESS/ATTIRE Part of Courtroom decorum is Courtroom attire. No one shall be permitted in the Courtroom in shorts, flip-flops or thong type footwear, tank tops, muscle shirts, halter tops, or T-shirts with indecent words or graphics. Pants are to be worn at the waist with no exposed undergarments. No hats, caps, head coverings or sunglasses shall be worn in the Courtroom, except for medical reasons with permission of the Court. Any person not dressed in appropriate Courtroom attire is subject to removal from Court by the bailiff. RULE: 2.3—ELECTRONIC DEVICES All electronic devices including cell phones and pagers must be turned off or set to silent mode before entering the Courtroom unless you have received express prior approval from the Court. Failure to comply will result in the person's removal from the Courtroom. RULE 2.4—WEAPONS Absolutely no weapons of any sort shall be allowed in the Courtroom except those on the person of commissioned peace officers. The Judge shall have the discretion to have any object removed from the Courtroom. Any persons entering the Courthouse are subject to search. RULE 2.5—FOOD/DRINK In order to maintain cleanliness and decorum in the Courtroom, no food, chewing gum, candy or drinks of any type shall be consumed in or brought into the Courtroom. RULE 2.6—SEATING All persons in the Courtroom shall be seated except when addressing the Judge or jury, when a seat is not available, when directed to rise by a Court officer, or with permission of the Judge. RULE 2.7—UNSCHEDULED ATTORNEY APPEARANCES Attorneys seeking to discuss cases with the City Prosecutor should contact the prosecutor about the case and about having the case files brought from the Clerk's Office. Attorneys are not authorized to hold case files unless authorized by a Judge. Attorneys wanting to see a Judge or City Prosecutor may call ahead and have the case(s) brought from the Clerk's Office. Cases will be held in the Judge's office or City Prosecutor's office no longer than 24 hours. RULE 2.8—CASE FILES Defendants and their attorneys have access to defendant files only in the presence of Court personnel. Clerks shall not release files to anyone except Court personnel. Files shall not be removed from the Courtroom except with authorization by the Judge. RULE THREE: NOTICE RULE 3.1 —RESPONSIBILITY It is the responsibility of all persons with business before the Court to a) determine the date, time and nature of each setting of case(s): and b) update or notify the Court of any change of address. RULE 3.2—ATTORNEY REPRESENTATION Notice of attorney representation of a defendant shall be made in writing and filed with the Court Clerk. A copy of such notice shall be included in the papers of the case. RULE 3.3—NOTICE OF SETTINGS Notice of the date, time and nature of each setting shall be given to each party in writing, in person or by mail, to the last known address of a party or counsel. A copy of each notice shall be included in the papers of the case. RULE. 3.4 -VERBAL REPRESENTATIONS Reliance upon verbal representation from any Court personnel concerning any matter shall not be considered grounds for continuance, setting aside of a warrant or any other relief. Reliance upon Court personnel or a police officer's verbal statement regarding disposition of an offense is not binding upon the Court. RULE; 3.5 COMPLAINT A copy of the complaint will be made available to the defendant or counsel upon request to the Court Clerk. RULE FOUR: MOTIONS FOR CONTINUANCE RULE 4.1 - MOTIONS FOR CONTINUANCE RULE; 4.1.1 Continuances are governed by Chapter 29, Texas Code of Criminal Procedure. These Local Rules augment but do not replace that Code. RULE;4.1.2 Upon oral or written motion of the State or the defendant or his attorney, the Court may grant a continuance upon a showing of good cause noted by the Court in the case file. RULE 4.1.3 All motions for continuances should be advanced at least five (5) days prior to the trial or hearing date and may be heard at such time as the Court may specify. Any motions for continuance advanced less than the five (5) days may be granted, as deemed necessary by the Court. RULE, 4.2 - FORM OF MOTIONS FOR CONTINUANCE RULE; 4.2.1 All written motions for continuance shall be filed with the Court Clerk. Such motions should be filed upon discovering the necessity for a continuance but no less than five (days) before the scheduled event. RULE 4.2.2 Motions filed less than five (5) days prior to the scheduled event will be ruled on at the call of the docket. RULE, 4.2.3 Each motion shall contain: 1)the cause number; 2) the name of the defendant; 3) the date and time of the setting to be continued; 4) the specific facts justifying the continuance; RULE: 4.3 - EMERGENCY MOTIONS FOR CONTINUANCE Motions made and filed less than five (5) days prior to the scheduled event will be ruled on at the call of the docket. RULE 4.4 - FACTORS FOR MOTIONS FOR CONTINUANCE Except in cases where constitutional or statutory continuances are sought, the following factors will be among those considered in determining a motion for continuance: 1. The specific nature of the conflict (illness, higher Court schedule including Court and case number, out of town, etc.) 2. The number of continuances previously granted to each party. 3. The timeliness of the filing of the motion, including the date on which the conflict became known to Movant. RULE 4.5 - DENIED MOTIONS If a motion is denied, in order to avoid an arrest warrant, a bond in the amount set by the Court shall be posted unless determined otherwise by the Court to be in the interest of justice. It is the responsibility of the defendant to determine whether the motion was granted or denied. RULE FIVE - OTHER PRE-TRIAL MOTIONS RULE 5.1 - MOTIONS TO WITHDRAW Any attorney who makes an appearance on behalf of a defendant or represents to the Court that he/she is the attorney of record shall remain the attorney of record until a motion to withdraw as counsel or substitute other counsel is granted. RULE 5.2 - HEARING REQUIREMENTS: MOTION TO WITHDRAW RULE 5.2.1 WITHOUT HEARING - A motion to withdraw as attorney of record will be granted without a hearing only if the moving attorney: A. files a certificate stating the last known mailing address of the defendant, AND B. files a written consent to the withdrawal signed by the client, C. or includes in the motion a specific statement: 1) of the circumstances that prevent the moving attorney from obtaining the client's written consent and 2)that the client has been notified of the attorney's intent to withdraw by forwarding a copy of the motion to said client. RULE 5.2.2 WITH A HEARING - If all requirements of Rule 5.2.1 are not satisfied, a motion to withdraw must be presented at a hearing before the Court after notice to the defendant and to all other parties. RULE 5.3 - SUBSTITUTION If a motion to substitute another attorney includes an appearance by another attorney, that appearance will satisfy the requirements of Rule 5.2.1. RULE SIX: PRE-TRIAL DOCKET RULE 6.1 —JURY PRE-TRIAL DOCKETS RULE 6.1.1 Cases in which defendants have pleaded "not guilty" and requested a trial by jury will be set for a jury pre-trial docket prior to being set for trial. RULI? 6.1.2 The pre-trial docket for jury trial cases shall be set at 1:30 p.m. on the Friday four weeks immediately preceding the scheduled Tuesday jury trial date. At the jury pre-trial docket, the defendant and/or his attorney will be given an opportunity to speak with the prosecutor and be made aware of options in lieu of trial. RULE 6.2—NON-JURY PRE-TRIAL DOCKETS RULE 6.2.1 Cases in which defendants have pleaded "not guilty" and requested a trial by Judge will be set for a jury pre-trial docket on the day of trial. RULE 6.2.2 At the non jury pre-trial docket, the defendant and/or his attorney will be given an opportunity to speak with the prosecutor and be made aware of options in lieu of trial. RULE 6.3 —PRE-TRIAL MOTIONS RULE 6.3.1 Pretrial Motions shall be filed in writing in all cases where the defendant alleges there are legal issues involving the sufficiency of the criminal complaint or the law from which the complaint is drawn. These issues shall include, but not be limited to, any factual situations that would invalidate the premise upon which a law or ordinance has been promulgated. RULE 6.3.2 All pretrial motions will be heard prior to the commencement of the trial on the merits. RULE 6.3.3 At the discretion of the Court, pretrial motions may be set for a hearing upon written request of either party, as governed by Chapters 27 and 28 of the Rules of Criminal Procedure, and all other applicable rules regarding the hearing of pretrial motions. RULE 6.3.4 No more than one pretrial hearing shall be set per case without leave of the Court. Failure to file pretrial motions as indicated herein shall constitute a waiver of having those issues heard before trial. RULE 6.3.5 Unless leave of Court has been granted, all pretrial motions shall be filed at least seven (7) days prior to the pre-trial hearing docket. Such motions shall be heard no later than the pre-trial hearing docket. RULE 6.3.6 It shall be the responsibility of the party filing any pretrial motion to serve opposing counsel or party with a copy of the motion within three (3) days of the filing of said motion. Service may be made by hand delivery, certified mail, or FAX. RULE 6.3.7 It shall be the responsibility of the party filing any pretrial motion to obtain a hearing from the Clerk of the Court. RULE 6.4—FAILURE TO APPEAR FOR PRE-TRIAL HEARING If the Defendant fails to appear in person or by counsel of record and announce ready for trial at the time the case is called for pre-trial hearing without showing good cause noted by the Court in the case :file, the Court shall issue a warrant for the defendant's arrest and shall require that the defendant post a bond. RULE SEVEN - OTHER DOCKETS AND ORDERS RULE 7.1 -ANCILLARY DOCKETS The Chief Magistrate may create Ancillary Dockets at such times and dates as may be deemed necessary including but not limited to bond dockets, show cause dockets, probation dockets, community service dockets, code enforcement dockets or any other dockets needed for the orderly disposition of pending matters. RULE 7.2—STANDING ORDERS The Chief Magistrate as needed may issue general standing orders, written or oral, to facilitate the orderly disposition of pending matters. RULE EIGHT: TRIAL SETTINGS RULE 8.1 - TRIAL DOCKET ANNOUNCEMENT All cases set on the trial docket will be called at the time for which they are set, whereupon the State and the defendant are expected to announce ready for trial subject to the hearing on any properly filed pretrial motions. RULE 8.2 - DEFENDANT'S FAILURE TO APPEAR FOR TRIAL RULE 8.2.1 If the Defendant fails to appear in person and announce ready for trial at the time the case is called for trial without showing good cause noted by the Court in the case file, the Court shall issue a warrant for the defendant's arrest and will require that the defendant post a bond in order to have the case reset, unless waived by a Judge for good cause shown and noted by the Court in the case file. RULE 8.2.2 A defendant who requested a jury trial but fails to appear for the trial will be ordered to pay the costs incurred for impaneling the jury absent a showing of good cause noted by the Court in the case file. RULE 8.3 - STATE'S FAILURE TO APPEAR FOR TRIAL If the State fails to appear and announce ready for trial at the time a case is called for trial, without showing good cause noted by the Court in the case file, the Court may proceed to trial. If the State's witness is not present, the State shall show good cause for the witness's absence, or proceed to trial. RULE 8.4 - SUBPOENA/EVIDENCE The State is responsible for the appearance of all necessary witnesses in response to a defendant's motion to suppress evidence. In all other cases, each party shall be responsible for subpoenaing its own witnesses and physical evidence. A party's failure to subpoena a witness shall not constitute good cause to continue the case. RULE, 8.5 - VISUAL/AUDIO AIDS A defendant who wishes to use visual or audio aids in their defense must notify the Court at least one (1) week prior to trial so that arrangements can be made for the proper equipment to be available. The Judge shall make the final decision on what audio or video recordings, if any, are to be admitted into evidence. RULE NINE: POST TRIAL RULE 9.1 —MOTION FOR NEW TRIAL Motions for New Trial must be made within one day after the rendition of judgment and sentence. RULE 9.2 —APPEALS The appeal bond must be filed not later than the 10th day after the date the judgment was entered by the trial Court. RULE 9.3—APPEAL BONDS The amount of the appeal bond shall be two times the amount of the fine and costs adjudged against the defendant but in no case less than $50. RULE 9.4—INABILITY TO POST APPEAL BOND If a defendant is found by the Court to be indigent or otherwise too poor to pay the appeal bond, she\he may file an Affidavit of Indigency with the Court and a Motion to Waive Costs within the ten (10) day period to file an appeal bond. A hearing on the motion to waive costs shall then be scheduled by the Court. RULE TEN- PAYMENT OF FINES RULE 10.1 - PAYMENT DUE AT TIME JUDGMENT IMPOSED All fines and fees are due and payable at the time the sentence is imposed. No deferred adjudication will be granted without full payment of the assessed Court costs and bond at the time deferred adjudication is granted. RULE 10.2 - TIME PAYMENT PLAN RULE 10.2.1 If the defendant is not indigent but provides sufficient evidence that defendant is unable to pay all fines and fees due at the time sentence is imposed, defendant who has some form of income must apply for a Court approved time payment plan at the time sentence is imposed. If the defendant qualifies, the Court may allow the defendant to pay the fine in periodic installments and issue a binding Court order granting such time payment. RULE 10.2.2 Failure to complete the required time payment plan application and financial statement timely, truthfully and in full will result in the denial of a time payment plan and all fees and fines shall immediately be due. Failure to pay then shall result in the issuance of a warrant which will subject the defendant to arrest. RULE 10.2.3 If the defendant provides inaccurate information, incomplete information and/or defaults on any payments agreed to and ordered under the time payment plan, a warrant will be issued which will subject the defendant to arrest. RULE 10.2.4 Providing false information on any time payment plan application or financial statement shall result in an immediate default on the time payment plan and may result in additional criminal charges against the defendant. RULE 10.2.5 Defendants who have defaulted on a time payment plan shall not be allowed to modify existing or establish any future time payment plans until all such past due time payment plans, and any related fees and expenses, have been fully satisfied or paid in full. RULE 10.2.6 No time payment plan may be modified except upon a hearing in open Court and a showing by the defendant by a preponderance of the evidence that there is good cause noted by the Court in the case file to modify such plan. RULE 10.2.7 Inaccurate or incomplete information provided with the time payment application and financial statement shall not constitute good cause to modify the time payment plan. RULE 10.2.8 In order to insure the orderly disposition of cases subject to time payment plans, the Court may issue from time to time standing orders regarding the processing of such plans. RULE 10.2.9 In addition to the issuance of a warrant for defendant's arrest, any time payment plan in default will be turned over to a collection agency for further civil processing and collection without further order of the Court. RULE 10.2.10 Any time payment plan in default may be sua sponte converted to community service by order of the Court in the interest of justice. RULE 10.3—COMMUNITY SERVICE RULE 10.3.1 If a defendant is found by the Judge to be too poor to pay the fine and costs, upon the finding of other good cause noted by the Court in the case file, or upon default on a time payment plan, the Court in the interest of justice may order the defendant to discharge the fine and costs by performing community service. RULE_ 10.3.2 In the interest of justice, the Court may order sua sponte any defendant to discharge the fine and costs by performing community service. RULE, 10.3.3 Absent a written acceptance letter presented by defendant in a timely fashion to perform community service at an approved non-profit organization of defendant's choice, the Court shall order defendant to perform community through the City of Beaumont. RULE 10.3.4 Any community service ordered by the Court not specified by location in the Court's order is presumed to be ordered to be performed through the City of Beaumont. RULE 10.3.5 Absent a showing of good cause noted by the Court in the case file, failure to complete the required community service application timely, truthfully and in full shall result in the denial of community service and result in the issuance of a warrant which will subject the defendant to arrest. RULE 10.3.6 If the defendant provides inaccurate information, incomplete information and/or without a showing of good cause noted by the Court in the case file, defaults on the performance of community service ordered, a warrant will be issued which will subject the defendant to arrest. RULE 10.3.7 Providing false information on any community service application may result in an immediate default on the community service plan and may result in additional criminal charges against the defendant. RULE 10.3.8 Absent a showing of good cause noted by the Court in the case file, defendants who have defaulted on community service shall not be allowed to modify existing or establish any community service plans until all such past due plans, and any related fees and expenses, have been fully satisfied or paid in full. RULE 10.3.9 No community service plan may be modified except upon a hearing in open Court and a showing by the defendant by a preponderance of the evidence that there is good cause to modify such plan. RULE 10.3.10 Inaccurate or incomplete information provided with the community service application shall not constitute good cause to modify the community service plan. RULI? 10.3.11 In order to insure the orderly disposition of cases subject to community service plans, the Court may issue from time to time standing orders regarding the processing of such plans. RULE 10.4 - FAILURE TO SATISFY FINES AND FEES If a defendant does not pay the fine, timely meet all obligations of a time payment plan, or discharge the fine by performing community service as ordered by the Court, a warrant shall be issued which will subject the defendant to arrest. The defaulting defendant may be confined to jail until such time as all fines and fees are paid in full or satisfied by time in jail credited at the prevailing rate established at law. RULE 10.5—INDIGENTS In the event a defendant alleges that defendant is too poor to pay the fine and costs and is unable to perform any manner of community service to discharge the fine and costs without undue hardship on the defendant, upon notice to the defendant and the city prosecutor, the Court may set a hearing to determine defendant's ability to pay or perform community service. Upon a finding by the Court that the defendant is too poor to pay the fine and is unable to perform any community service, the Court may waive payment of a fine or cost imposed on said defendant. RULE 10.6—JAIL TIME CREDIT Credit for time served in jail may be granted by the Court in accordance with the Texas Code of Criminal Procedure subject to sufficient documentary proof to the Court of the actual jail time served for convictions related to citations issued through the City of Beaumont. Consideration of credit for time served in any other jurisdictions or for any convictions other than those imposed through the City of Beaumont may be granted or denied at the discretion of the Court in the interest of justice. RULE ELEVEN - DISMISSALS RULE 11.1 —JUDICIAL DISMISSALS Judicial dismissals of any charge, whether mandatory or discretionary, may be granted in accordance with the specific common law, constitutional or statutory authority vesting the trial Court with such dismissal power. RULE 11.2—PROSECUTORIAL DISMISSALS Absent specific statutory authority to the contrary, the prosecutor may, upon motion, dismiss a charge with judicial consent or approval. RULE 11.3—OTHER DISCRETIONARY DISMISSALS Absent specific statutory authority to the contrary, the prosecutor and Court may agree to the entry of standing orders granting the dismissal of a charge upon proof of defendant's correction of the cited defect or violation prior to answer date or in the interest of justice. RULE TWELVE - JUVENILES RULE 12.1 —APPEARANCE IN OPEN COURT WITH PARENT A person who is considered a juvenile (10-17 years of age) must appear in person in open Court before a Judge accompanied by a parent or legal guardian at all appearances. No action will be taken unless the juvenile is so accompanied by such parent or legal guardian. However, the Court may hear the case if satisfied that due diligence has been used to obtain the presence of the parent or legal guardian. RULE 12.2 -ALCOHOL RELATED OFFENSES A minor (under 21 years of age) charged with an alcohol related offense under Chapter 106 of the Alcoholic Beverage Code must be present in person in open Court before a Judge to enter a plea of guilty or no contest. Furthermore, no person under 18 years of age may be convicted of an alcohol- related offense without the parent or legal guardian present. However, the Court may hear the case if satisfied that due diligence has been used to obtain the presence of the parent or legal guardian. RULE 12.3 - FAILURE TO APPEAR OR COMPLY WITH ORDER Any juvenile who fails to appear for her/his Court setting or fails to comply with any order of Court will have their driver's license suspended or will not be able to obtain their driver's license until compliance is achieved. RULE 12.4 - JUVENILE COMMUNITY SERVICE The Court may sua sponte order any person convicted of an offense committed as a juvenile to satisfy payment of the fine and costs owed by performing community service. Credit for community service performed for convictions of juvenile offenses shall be set by the Court at a rate of$50 to $100 per eight hours of community service performed, or in accordance with the current statutory rate. RULE THIRTEEN - WARRANTS RULE 13.1 —ISSUANCE OF ARREST WARRANTS The Judge shall order the issuance of warrants for the arrest of a defendant who fails to timely appear for any Court setting in accordance with Article 45.014, Texas Code of Criminal Procedure. RULE 13.2 —ISSUANCE OF CAPIAS PRO FINE WARRANT If a defendant fails to satisfy the judgment according to its terms, the Judge shall order a capias pro fine issued for the arrest of a defendant in accordance with Article 45.045, Texas Code of Criminal Procedure. RULE 13.3—TEMPORARY SERVICE OF WARRANT Upon appearance in open Court of a defendant subject to a warrant for arrest, the Judge may order the defendant to post a bond and the warrant to be temporarily served subject to the posting of the bond. Warrants shall remain active if the defendant fails to post bond in accordance with the Court's order. RULE 13.4—TEMPORARY SERVICE OF CAPIAS PRO FINE AND COMMITMENT RULE 13.4.1 Except in cases of Court determined indigence or where other good cause noted by the Court in the case file is presented to the Judge in open Court by the defendant subject to a capias pro fine warrant for arrest, the fine and costs owed must be paid in full by defendant or a partial payment and time payment plan determined to be acceptable by the Court must be made before any warrant can be temporarily served. Otherwise, the warrant shall remain active and a non-indigent defendant will be committed to jail until such fines and fees are satisfied in full. RULE 13.4.2 Except on a Court finding of indigence, no capias pro fine warrants will be temporarily served without a partial payment determined to be acceptable by the Court. RULE 13.5—OTHER WARRANTS The Judge may order the issuance of any other warrants in accordance with the requirements of the Texas Statutes, the Texas Constitution and United States Constitutions.