§ 11-28-101. Municipal criminal courts of record - Cities with population over 65,000 - Resolution.

A.  In cities having a population of more than sixty-five thousand (65,000) inhabitants, as determined by the latest federal census, there is hereby created a "Municipal Criminal Court of Record of the City of ___________", subject to the restrictions of subsection B of this section.  References in Sections 28-101 through 28-128 of this title to the municipal criminal court of record shall mean the courts established by the provisions of this article in cities over sixty-five thousand (65,000) population.

B.  Before a municipal criminal court of record not in existence before November 1, 2004, may be created, the municipal governing body shall determine by resolution that the efficient disposition of cases involving the violation of municipal ordinances necessitates creating a court of record.  If such a resolution is not adopted, the criminal court of the municipality shall remain a court not of record.  The governing body shall cause a certified copy of the resolution to be filed in the office of the county clerk of each county in which the municipality is located.  The resolution and the filing thereof shall be judicially noticed in all courts of this state.  The provisions of this subsection shall not apply to any municipal criminal court of record created prior to November 1, 2004, and such courts shall have all the powers and duties heretofore provided for such courts.

Added by Laws 1977, c. 256, § 28-101, eff. July 1, 1978.  Amended by Laws 2004, c. 363, § 2, eff. Nov. 1, 2004.