[R.O. 2008 §125.200; Code 1968 §23-3; CC 1988 §19-36; Ord. No. 32-2015 §1, 8-10-2015]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the Eleventh Judicial Circuit Court and shall be
appointed to his/her position by the Mayor, subject to the confirmation
of the City Council.
[R.O. 2008 §125.210; Code 1968 §23-6a. —
g.; CC 1988 §19-37; Ord. No. 32-2015 §1, 8-10-2015]
A.
The Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law
within the State of Missouri; or, within six (6) months after selection
for the position, each Municipal Judge who is not licensed to practice
law in this State shall satisfactorily complete the course of instruction
for Municipal Judges prescribed by the Supreme Court.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as a Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
B.
The Municipal Judge shall be considered holding a part-time position
and as such may accept other employment.
C.
No Municipal Judge shall serve as a Municipal Judge in more than
five (5) municipalities at one (1) time. A Court that serves more
than one (1) municipality shall be treated as a single municipality
for the purposes of this Subsection.
[R.O. 2008 §125.220; Code 1968 §23-4; CC 1988 §19-38]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office biennially from April 1, 1980.
If for any reason a Municipal Judge vacates his/her office, his/her
successor shall complete that term of office even if the remainder
of the term is less than two (2) years.
[R.O. 2008 §125.230; Code 1968 §23-6h.; CC 1988
§19-39]
The Municipal Judge shall be considered holding a part-time
position and, as such, may accept, within the requirements of the
Code of Judicial Conduct, Missouri Supreme Court Rule 2, other employment.
[R.O. 2008 §125.240; Code 1968 §23-10; CC 1988
§19-40]
A.
The
Municipal Judge is hereby authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and in Section
479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her and fine and imprison for contempt committed
before him/her while holding court, in the same manner and to the
same extent as a Circuit Judge.
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence and make such other orders as he/she
deems necessary relative to any matter that may be pending in the
Municipal Court.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter, make and
adopt such rules of practice and procedure as are necessary to hear
and decide matters pending before the Municipal Court and implement
and carry out the provisions of the Missouri Rules of Practice and
Procedure in Municipal and Traffic Courts. Any and all rules made
or adopted in this Subsection may be annulled or amended by an ordinance
limited to such purpose, provided that such ordinance does not violate
or conflict with the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts or State Statutes.
B.
The
Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Code or
other ordinances of this City.
[R.O. 2008 §125.250; Code 1968 §23-5; CC 1988 §19-41]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any way interested or, if before the trial is commenced,
the defendant or the prosecutor files an affidavit that the defendant
or the municipality, as the case may be, cannot have a fair and impartial
trial by reason of the interest or prejudice of the Judge. Neither
the defendant nor the municipality shall be entitled to file more
than one (1) affidavit or disqualification in the same case.
A.
If,
in the progress of any trial before the Municipal Judge, it shall
appear to the Judge that the accused ought to be put upon trial for
an offense against the criminal laws of the State and not cognizable
before him/her as Municipal Judge, he/she shall immediately stop all
further proceedings before him/her as Municipal Judge and cause the
complaint to be made before some Associate Circuit Court Judge of
the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo., shall not be cognizable in Municipal Court, if the defendant
has been convicted, found guilty, or pled guilty to two (2) or more
previous intoxication-related traffic offenses as defined in Section
577.001, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2008 §125.280; Code 1968 §23-9; CC 1988 §19-44]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in which he/she shall enter every case commenced
before him/her, and the proceedings in every case, and he/she shall
keep such other records as may be required. Such docket and records
shall be records of the Circuit Court of the County. The Municipal
Judge shall deliver the docket and records of the Municipal Court
and all books and papers pertaining to his/her office to his/her successor
in office or to the Presiding Judge of the Circuit Court.
[R.O. 2008 §125.290; Code 1968 §23-8; CC 1988 §19-45]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report containing a list of all cases
heard and tried before the Court during the preceding month and in
the cases where there was an application for trial de novo, giving
in each case the name of the defendant, the fine imposed if any, the
amount of cost, and the names of the defendants committed. The report
shall be prepared under oath by the Municipal Court Clerk or the Municipal
Judge. This report will be filed with the City Clerk who shall forward
the report to the City Council for examination at its first (1st)
session after the report has been filed.
[R.O. 2008 §125.300; Code 1968 §23-8; CC 1988 §19-46]
The Municipal Court shall, within ten (10) days after the first
(1st) of the month, pay to the City Treasurer the full amount of all
fines collected during the preceding months, if they have not previously
been paid.
