Striplin v. City of Dothan

• Decision Date: 11 October 1991
• Citation: 607 So.2d 1280
• Parties: Kimberly STRIPLIN v. CITY OF DOTHAN. CR 90-889.
• Court: Alabama Court of Criminal Appeals

Page 1280

607 So.2d 1280

Kimberly STRIPLIN v. CITY OF DOTHAN.

CR 90-889.

Court of Criminal Appeals of Alabama.

Oct. 11, 1991.

Rehearing Denied Nov. 15, 1991.

Tom Brantley of Parkman & Brantley, Dothan, for appellant.

Larry K. Anderson, City Atty., Dothan, for appellee.

PATTERSON, Presiding Judge.

Kimberly Striplin, the appellant, was convicted of assault in the third degree, driving while under the influence of alcohol (DUI), and running a red light, in violation of §§ 13A-6-22, 32-5A-191, and 32-5A-2, Code of Alabama 1975, as adopted by § 9-1, Code of Ordinances, City of Dothan, Alabama. Additionally, she was convicted of public intoxication, a violation of § 9-16, Code of Ordinances, City of Dothan, Alabama. She was sentenced to 30 days' incarceration in the city jail and was fined $100 for the assault conviction; she was sentenced for the DUI conviction to 6 months' incarceration in the city jail, with all but 60 days suspended, was fined $400, and was ordered to attend Level II of DUI school, and, at least once a week, Alcoholics Anonymous (AA) for the remainder of the suspended period; she was fined $25 for the traffic signal violation; and she was sentenced to 10 days' incarceration in the city jail and was fined $25 for the public intoxication conviction. Striplin presents six issues for review. Because of our disposition of this case, we find it necessary to address only three of those issues.

I

Striplin contends that she was erroneously tried on unsworn complaints. She argues that the complaints were signed by only the assistant city attorney and that, therefore, the trial court lacked jurisdiction over her cases. This court recently held that § 12-22-113 required only the unsworn and unverified signature of the city prosecutor. See Cone v. City of Midfield, 561 So.2d 1126 (Ala.Cr.App.1990). In this case, the assistant city attorney signed the complaints filed in circuit court. It seems clear that the complaints in this case meet the requirements of § 12-22-113 and that the trial court had jurisdiction over Striplin's cases. Accordingly, this argument is without merit.

II

Next, Striplin contends that the trial court erred by accepting the certified copies of the city ordinances when there was no showing that the person who certified the documents was the custodian of such documents.

"Municipal ordinances, if relevant to the subject of inquiry, are admissible in evidence upon principles analogous to those applicable to private statutes, provided their validity and effectiveness are established. In the absence of statute, courts of general jurisdiction do not take judicial notice of municipal ordinances, but require that they be proved as other facts. A municipal ordinance may be proved as to its contents, as well as to its passage, by the introduction in evidence of the original record thereof, properly identified as such. It has been held that an ordinance may also be proved by a copy certified or attested to be correct by the official custodian of the records of the municipality.

"The statutes in most states specifically provide for the proof of bylaws and ordinances of municipal corporations, and usually provide for their proof by authorized printed copies, certified transcripts of the books, and minutes or journals kept under the direction of the corporation, as well as by original books, ordinances, and minutes or journals. Under statute, an ordinance having the seal of the municipality attached has been held to be properly admitted in evidence without further proof of its passage."

30 Am.Jur.2d Evidence § 972 (1967) (footnotes omitted). There appear to be two methods by which an Alabama city's ordinance may be proved. §§ 12-21-73(5) and 12-21-95. An important requirement of each method, for our concerns, is that the legal custodian of the document or the city clerk shall attest or certify its authenticity. The custodian of a city's ordinances is the city clerk, unless the city council, during the clerk's absence, appoints another person to perform the clerk's duties. § 11-43-100.

A review of the city's exhibits in the instant case reveals that exhibit 3, a copy of § 9-16, Code of Ordinances, City of Dothan, Alabama (the public intoxication ordinance), was certified as a true copy by the city clerk. Therefore, this ordinance was properly accepted into evidence. However, exhibit 2, § 9-1, Code of Ordinances, City of Dothan, Alabama, was certified as a true copy by a municipal court magistrate. The record is devoid of any information indicating that the municipal court magistrate was authorized to perform the duties of the city clerk or had authority to certify the authenticity of municipal ordinances. Therefore, it is necessary to determine whether a municipal court magistrate, by virtue of his office, has authority to certify the authenticity of a municipal ordinance in order to establish proof of the ordinance in a court proceeding.

The powers of a municipal court magistrate are set forth in Rule 18 of the Alabama Rules of Judicial Administration. The powers conferred upon such a magistrate are very narrow and do not include the...