Article I General Provisions
Article II Court Costs and Fees
[CC 1999 §9-1]
There is hereby established in this City a Municipal Court to be known as the "Republic Municipal Court, a Division of the 31st Judicial Circuit Court of the State of Missouri". This Court is a continuation of the Police Court of the City as previously established and is termed herein "the Municipal Court".
[CC 1999 §9-2]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[CC 1999 §9-3; Ord. No. 08-65 §1, 8-25-2008]
The Judge or Judges of the Circuit Court of Greene County, Municipal Division at Republic (hereinafter referred to in this Chapter as "Municipal Judge") shall be appointed by the Mayor with the consent and approval of the majority of all of the members of the City Council. The Mayor may designate a Presiding Judge of the Municipal Division to have superintending control of the Municipal Court, its personnel and Judges subject, however, to the requirements of Section 130.070. Salary and benefits may be established by resolution, contract or as set forth in the City budget.
[CC 1999 §9-4; Ord. No. 08-65 §1, 8-25-2008; Ord. No. 17-12 § 1, 4-4-2017]
The Municipal Judge or Judges shall be appointed for two-year terms at the first meeting after the newly elected Mayor and Council are sworn into office in even-numbered years and in each even-numbered year thereafter. The term of the Municipal Judge shall be two (2) years or until a successor is appointed, and if the appointment was made for less than two (2) years then until the unexpired portion of the two-year term is completed. If for any reason the Municipal Judge vacates his/her office during his/her term, a successor shall be selected to complete the term of office. The selection shall be made in accordance with the provisions of Section 130.030 of this Chapter.
[CC 1999 §9-5]
[CC 1999 §9-6]
The Municipal Judge shall have the following limitations and privileges and shall possess the following qualifications:
He/she shall be a licensed attorney qualified to practice law within the State of Missouri.
He/she need not reside within the City limits.
He/she must be a resident of the State of Missouri.
He/she must be at least twenty-one (21) years of age.
He/she may serve as Municipal Judge for more than one (1) municipality.
He/she may not hold any other office in any City for which he/she serves as Municipal Judge.
His/her office shall be considered a part-time position, and he/she may accept other employment consistent with those rules and regulations adopted or enacted by the Missouri Supreme Court or Missouri State Legislature.
[CC 1999 §9-7]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part and to the rules of the State Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Judge and Court personnel of said Court shall obey his/her directives.
[CC 1999 §9-8]
The Municipal Judge shall cause to be prepared within the first (1st) ten (10) days of every month a report indicating the following:
A list of all cases heard and tried before the Court during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of cost, the names of the defendants committed and in the cases where there was an application for trial de novo, respectively. The same 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 thereafter forward the same to the City Council of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid.
[CC 1999 §9-9]
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 therein and he/she shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Greene 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.
[CC 1999 §9-10]
The Municipal Judge shall be and is hereby authorized to:
Establish a Municipal Court Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050 of the Revised Statutes of Missouri.
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her and may fine and imprison for direct contempt committed before him/her while holding Court and for indirect contempt after hearing in the same manner and to the same extent as a Circuit Judge or as allowed by State law, Supreme Court Rule or ordinance. For an indirect contempt, the judge or prosecutor may issue a notice of a show cause hearing to determine if the defendant should be found in contempt.
[Ord. No. 14-11 §1, 5-12-2014]
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court, and to 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 hereunder 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.
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.
[CC 1999 §9-11]
Should the Municipal Judge determine that there shall be a Municipal Court Violations Bureau, the City shall provide all expenses incident to the operation of the same. The Court Clerk is hereby designated as the Municipal Court Violations Clerk for said Bureau, if established.
[CC 1999 §9-12]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the municipality or to the Sheriff of the County. The warrant shall be executed by the Marshal, Chief of Police, Police Officer or Sheriff any place within the limits of the County and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases and, when so endorsed, shall be served in other Counties, as provided for in warrants in criminal cases.
[CC 1999 §9-13]
The Chief of Police or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of municipal ordinances.
[CC 1999 §9-14; Ord. No. 16-16 §2, 8-8-2016]
Upon conviction and entry of a sentence, any person so convicted may request a trial de novo pursuant to Supreme Court Rule and may request a jury trial for the de novo proceeding at the Associate Circuit Court.
[CC 1999 §9-15; Ord. No. 14-08 §1, 4-14-2014]
It shall be the duty of an attorney designated by the municipality to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
The City may, in its sole discretion, establish a Public Defender service for the Republic Municipal Court. Nothing contained herein shall be construed to require the establishment of or contracting for Public Defender services. The City Administrator is authorized to seek proposals from and to contract with a licensed attorney to provide Public Defender services for the Republic Municipal Court. The salary or compensation will be set out in a contract for services. The funding will be within the limits established by Council for the services in the City's annual budget or amended budget or in an amount within the limits of the City Administrator's authority set forth in the purchasing manual. The Public Defender's duty shall be to represent those to which the Defender is appointed. The judge may upon determining a defendant qualifies for a Public Defender appoint a Defender in matters pending before Republic Municipal Court or in those matters described in the contract for services.
[CC 1999 §9-16]
It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Judges and shall be taxed as other costs in the case. When a trial shall be continued by a Municipal Judge, it shall not be necessary to summon any witnesses who may be present at the continuance; but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case, and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.
[CC 1999 §9-17]
If, in the progress of any trial before a Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal law 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 Judge within the County.
[CC 1999 §9-18]
If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed as cost.
[CC 1999 §9-19]
Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such Judge. When a person is placed on probation he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.
In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization, or agency, or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
When any person shall be unable to pay any fine and costs assessed against him in his sentence, or probation, the Judge shall have power, at the request of the defendant, to commute such fine and costs to imprisonment in the County Jail, which shall be credited at the rate of at least ten dollars ($10.00) of such fine and costs for each day's imprisonment.
[Ord. No. 14-11 §1, 5-12-2014]
If a defendant defaults in the payment of a fine or costs as sentenced, the Judge may order the defendant to show cause at a hearing why the defendant should not be held in contempt of court.
[Ord. No. 14-11 §1, 5-12-2014]
If a defendant fails to abide by the terms and conditions of a sentence or probation, the Judge may order the defendant to show cause at a hearing why the defendant should not be held in contempt of court.
[Ord. No. 14-11 §1, 5-12-2014]
[CC 1999 §9-20]
In any case tried before the Municipal Judge, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo, before a Circuit Court Judge or upon assignment before an Associate Circuit Court Judge. An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court rule.
[CC 1999 §9-22]
In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge. All monies recovered in such actions shall be paid over to the municipal Treasury to the General Revenue Fund of the municipality.
[CC 1999 §9-23]
A Municipal Judge shall be disqualified to hear any case in which he/she is in anywise 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.
[CC 1999 §9-24; Ord. No. 08-65 §1, 8-25-2008]
If a Municipal Judge be absent, sick or disqualified from acting, and in the absence of multiple Judges in the Municipal Division, the Mayor of the City Council may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge or the Mayor may designate some competent, eligible person to act as Municipal Judge until the Presiding Judge can make such appointment with such appointment to continue until such absence or disqualification shall cease.
[CC 1999 §9-25]
The Court Clerk is hereby designated as the Clerk of the Municipal Court.
[CC 1999 §9-26; Ord. No. 03-02 §§1 — 2, 1-27-2003; Ord. No. 12-25 §1, 2-27-2012]
In addition to any fine or other punishment imposed by the Court, costs, fees, charges and surcharges shall be assessed as follows:
Twelve dollars ($12.00) as per the provisions of Section 479.260, RSMo.
A surcharge of two dollars ($2.00) for violations of all municipal ordinances, such surcharge to be collected, administered and used as a law enforcement training fee in accordance with the provisions of Section 590.140, RSMo.
A surcharge of one dollar ($1.00) for violations of all municipal ordinances, such surcharge to be collected and disbursed as provided in Section 590.178, RSMo., for the Peace Officer Standards and Training Commission Fund.
A surcharge of seven dollars fifty cents ($7.50) for the Crime Victims' Compensation Fund to be collected, administered and distributed in accordance with the provisions of Section 595.045, RSMo.
Service charges, witness fees and/or jail costs incurred as a result of the apprehension, confinement and/or prosecution of any defendant.
A surcharge of two dollars ($2.00) for violations of all municipal ordinances, such surcharge to be collected and disbursed as provided in Section 488.5026, RSMo., for installation and maintenance of a biometric verification system and expenses related to custody and housing and other expenses for prisoners.
Supreme Court Operating Rule 21.01 (a) (21) establishes a four-dollar fee for payments made by other than cash or negotiable instrument and further authorizes a Court, by local Court rule, to opt out of charging a four-dollar fee for payments made by other than cash or negotiable instrument. The Presiding Judge of the Republic Municipal Court is authorized to issue a local court rule to opt out of charging a four-dollar fee for payments made by other than cash or negotiable instrument. Unless an order is entered opting out of the fee, the fee shall be collected as other court cost.
[Ord. No. 13-36 §1, 11-12-2013]
In addition to all court fees and costs prescribed by law, a surcharge of ten dollars ($10.00) as authorized by Section 488.2206, RSMo. shall be assessed as a cost in each court proceeding filed in Municipal Court.
[Ord. No. 14-20 §1, 8-25-2014]
All other costs, fees, charges and surcharges shall be collected by the Municipal Court Clerk in accordance with Chapter 488, RSMo.
Costs, fees, charges and surcharges shall only be assessed against, and collected from, defendants who have pled guilty or been found guilty, or who have agreed to pay the same in exchange for dismissal of a charge.
Upon a plea or a finding of guilty for a first (1st) offense of violating the provisions of an ordinance of the City of Republic, involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.
The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appropriated by the City Council to the Police Department in amounts equal to those costs so collected and shall be used by such Department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
[CC 1999 §9-28]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.
[CC 1999 §9-29]
When a fine is assessed for violating an ordinance, it should be within the discretion of the Judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he/she may deem appropriate.
[Ord. No. 99-34 §§1 — 3, 6-14-1999]
As used herein the term "jurisdiction" shall mean and include any political subdivision, agency or department of any State or of the Federal Government.
Whenever any officer of the Republic, Missouri, Police Department arrests any individual within the City limits of Republic because of a pending charge or warrant from a jurisdiction other than the City of Republic, and such officer thereafter detains, houses, processes, bonds and/or fingerprints such individual because of such pending charge or warrant, the City shall charge such other jurisdiction a processing fee of twenty-five dollars ($25.00). For each subsequent day the City shall detain or house any such individual, the City shall charge such other jurisdiction an additional housing fee of fifty dollars ($50.00) for each day.
Notwithstanding the provisions of this Section, the fee established in Subsection (B) shall not be assessed against any jurisdiction which does not charge a fee to the City of Republic for the detention, housing, processing, bonding and/or fingerprinting of persons arrested in such other jurisdictions on pending charges or warrants issued by the City of Republic.
If it becomes necessary for any member of the Republic Police Department to transport an individual to another jurisdiction or to the Greene County Jail, because of any pending charge or warrant issued by another jurisdiction, then the City shall charge such other jurisdiction, in addition to the fee described in Subsection (A) hereinabove, such additional sums as will compensate the City of Republic for personnel expenses and mileage expenses incurred by the City and resulting from such transportation.
If any individual arrested under the circumstances described in Subsection (B) above thereafter receives any medical or health care treatment, all expenses associated with any such treatment shall be charged to the jurisdiction issuing the warrant or process upon which such individual was arrested.
If any jurisdiction shall become obligated to the City of Republic for the payment of any fee or item of expense provided herein, and shall not pay the same within sixty (60) days of the billing therefor, then the amount owed to the City shall be deducted from any subsequent bill sent to the City by such other jurisdiction.
In addition to those arrested by Republic Police Officers as described in Subsection (B) above, a person arrested by a Law Enforcement Agency on the warrant of another City in Greene County may be processed and detained at the Republic jail if the City with the outstanding warrant has entered into a mutual aid agreement with the City of Republic for jail and court services. The costs set out in Subsection (B) will apply to the detention unless otherwise superseded by the terms of the mutual aid agreement. The other provisions of this Section shall apply to a person arrested on another City's warrant unless superseded by the terms of the mutual aid agreement.
[Ord. No. 15-10 §3, 5-11-2015]
Cost of court services, if applicable, will be as stated in the mutual aid agreement subject to the cost being revised by City Council by resolution or ordinance.
[Ord. No. 15-10 §3, 5-11-2015]