Texas Municipal Courts Education Center (TMCEC) Level 1 Practice Exam

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What action may a general-law city take when a municipal judge is temporarily unable to act?

Call a special election.

The governing body may appoint one or more persons meeting the qualifications for the position to sit for the regular judge.

When a municipal judge in a general-law city is temporarily unable to act, the city’s governing body can keep the court functioning by appointing a judge pro tempore to sit in for the regular judge. The person(s) appointed must meet the qualifications for the position, and the governing body may appoint one or more qualified individuals to handle the duties during the absence. This arrangement prevents delays and keeps cases moving while the judge is unavailable. Calling a special election would be unnecessary and time-consuming for a temporary situation, and delaying proceedings would stall access to justice. The essential idea is that qualified temporary judges can be appointed to sit for the regular judge until they can resume.

Hire a temporary judge from outside the city.

Delay proceedings until the judge returns.

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