Handbook·Local government

Municipal courts explained

Explainer·Verified 2026-07-10

The answer

A municipal court handles the lowest tier of cases: traffic tickets, city code violations, and minor misdemeanors, plus small claims in some states. It cannot hear felony cases. Judges are elected in some cities and states, appointed by the mayor or city council in others. The folk-model-breaking fact is that a municipal court's fine revenue can become a budget line the city depends on, which then shapes what gets enforced. The Department of Justice's investigation of the Ferguson, Missouri Police Department, published March 4, 2015, is the clearest documented case of this.

How it actually works

Municipal courts are courts of limited jurisdiction, meaning their authority is capped by statute or charter. They typically hear traffic infractions, city ordinance violations, parking, noise, housing code, animal control, and low-level misdemeanors, some states also let them hear small civil claims. Felonies go to the county or state trial court instead. Selection of municipal judges varies by state and by city charter. Some cities elect judges directly for fixed terms. Many more use appointment, by the mayor, by the city council, or in small "general law" cities the mayor may serve as judge by default unless the council creates a separate elected or appointed position.

The DOJ's Civil Rights Division investigated the Ferguson Police Department after the 2014 shooting of Michael Brown and released its findings on March 4, 2015.1 The report found that fines and fees grew from about $1.30 million, 12% of general city revenue, in fiscal year 2010 to a budgeted $3.09 million, 23% of general revenue, for fiscal year 2015.1 City officials evaluated police and court staff partly by how much revenue they generated, and fine schedules ran well above neighboring cities: a tall-grass code violation cost $77 to $102 in Ferguson versus about $5 in a nearby municipality.2 The DOJ concluded this revenue pressure warped policing priorities and eroded public trust.

Since 2015, reform efforts have targeted this fines-and-fees dynamic. A national task force led by the Conference of Chief Justices and Conference of State Court Administrators has published model statutes and best practices, and some states have moved legislatively, New Mexico's 2023 HB 139 eliminated post-adjudication fees in state and municipal courts and ended bench-warrant fees. A 2023 legal survey found 43 states require courts to tell defendants facing possible jail time over unpaid fines that they have a right to free counsel at ability-to-pay hearings,3 though a minority of states still have no such requirement.

Who holds the power

The judge decides individual cases, but the city council sets the underlying fine schedule and controls the court's budget, which shapes what revenue the court can generate and how it is staffed.

Where you come in

Municipal court proceedings are public. Judicial selection, elections in some places, city council confirmation votes in others, is a direct citizen lever. City council budget hearings are where fine schedules and court funding get set and can be challenged, see how to use a budget hearing.

Sources

  1. U.S. Department of Justice Civil Rights Division, "Investigation of the Ferguson Police Department," 2015. source ↩ ↩2

  2. NPR, "Money Drove Criminal Justice System In Ferguson, DOJ Report Says," 2015. source ↩

  3. National Coalition for a Civil Right to Counsel, "Right to counsel in fees and fines cases," 2023. source ↩