If a Municipal Judge be absent, sick or disqualified from acting
pursuant to the general administrative authority of the Presiding
Judge of the Circuit Court over the Municipal Divisions within the
circuit contained in Section 478.240, RSMo., a special Municipal Judge
may be designated in accordance with the provisions of Section 479.230,
RSMo., until such absence or disqualification shall cease.
[CC 1979 §17-23; Ord. No. 78-044 §5, 12-4-1978]
The Municipal Judge shall hold his/her office for a term of
not less than two (2) years and until his/her successor is appointed
and qualified.
[CC 1979 §17-24; Ord. No. 78-044 §7, 12-4-1978]
A.
The
Municipal Judge or Provisional 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.
2.
He/she must be a resident of the State of Missouri.
3.
He/she may not hold any other elected or appointed office within
the City Government.
4.
He/she must be at least twenty-one (21) years of age and no more
than seventy-four (74) years of age.
5.
He/she may serve as Municipal Judge for any other municipality.
6.
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.
[CC 1979 §17-25; Ord. No. 78-044 §6, 12-4-1978]
A.
The
Municipal or Provisional Judge shall vacate his/her office under the
following circumstances:
1.
Upon the recommendation of the Mayor with the consent of a majority
of the members elected to the Board of Aldermen or by a two-thirds
(2/3) vote of all members elected to the Board of Aldermen independently
of the Mayor's approval or recommendation;
2.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges, as provided in Missouri Supreme
Court Rule 12;
3.
Upon loss of his/her license to practice law within the State of
Missouri;
4.
Upon attaining his/her seventy-fifth (75th) birthday.
[CC 1979 §17-26; Ord. No. 78-044 §10, 12-4-1978]
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
records as may be required. Such docket and records shall be records
of the Circuit Court of St. Louis County maintained by the City of
Manchester. 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 1979 §17-27; Ord. No. 78-044 §11, 12-4-1978]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided or in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and Section
479.050 of the Revised Statutes of Missouri. He/she shall establish
such a Bureau when a request therefor is made by the Board of Aldermen.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her and may fine and imprison for contempt committed
before him/her while holding Court in the same manner as a Circuit
Judge.
3.
Assess fines, costs and/or imprisonment, commute the term of any
sentence, suspend imposition 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.
4.
Make and adopt such rules of practice and procedures 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.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Chapter
or other ordinances of the City.
[CC 1979 §17-28; Ord. No. 98-1021 §1, 3-2-1998]
A.
The
Municipal Judge of the City shall have the authority to issue search
warrants for searches or inspections to determine the existence of
violation of any ordinance or provision of the Code of Ordinances
of the City of Manchester relating to the various zoning classification
ordinances of the City and ordinances establishing minimum building
standards in the City which violation would be punishable by fine
or imprisonment or both.
B.
Warrants and searches or inspections made pursuant to a search warrant issued under Subsection (A) above shall conform to and be governed by the following provisions:
1.
Any Police Officer, City Attorney, Code Enforcement Officer or Prosecuting
Attorney of the City may make application for the issuance of such
a search warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be searched in sufficient detail
and particularity that the officer executing the warrant can readily
ascertain it;
d.
State facts sufficient to show probable cause for the issuance of
a search warrant to search for violations of any ordinance or provision
of the Code of Ordinances of the City specified in the application;
e.
Be verified by the oath or affirmation of the applicant; and
f.
Be filed with the Municipal Court of the City.
3.
The application shall be supplemented by written affidavit(s) verified
by oath or affirmation. Such affidavit(s) shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the property
or places to be searched. Oral testimony shall not be considered.
4.
The Municipal Judge shall hold a non-adversarial hearing to determine
whether sufficient facts have been stated to justify the issuance
of a search warrant. If it appears from the application and any supporting
affidavit(s) that there is probable cause to inspect or search for
violations of any specified provision of the ordinances or provision
of the Code of Ordinances of the City, a search warrant shall immediately
be issued by the Municipal Judge to search for such violations. The
warrant shall be issued in the form of an original and two (2) copies.
5.
The application and any supporting affidavit(s) and a copy of the
warrant shall be retained in the permanent records of the Court.
6.
The search warrant shall:
a.
Be in writing and in the name of the issuing authority;
b.
Be directed to any City Police Officer;
c.
State the time and date the warrant is issued;
d.
Identify the property or places to be searched in sufficient detail
and particularity that the officer executing the warrant can readily
ascertain it;
e.
Command that the described property or places be searched and that
any photographs of violations found thereof or therein be brought,
within ten (10) days after filing of the application, to the Municipal
Judge to be dealt with according to law; and
f.
Be signed and dated by the Municipal Judge with his/her title of
office indicated.
7.
A search warrant issued under this Section may be executed only by
a Police Officer of the City. The warrant shall be executed by conducting
the search command.
8.
A search warrant shall be executed as soon as practicable and shall
expire if it is not executed and the return made within ten (10) days
after the date of the making of the application for same. Execution
shall include delivery of a copy of such warrant to the person receiving
same.
9.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Judge. The return shall show the date and manner
of execution and the name of the possessor and of the owner of the
property or places searched, when he/she is not the same person, if
known.
10.
A search warrant shall be deemed invalid:
a.
If it was not issued by a Municipal Judge of the City;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without probable cause;
d.
If it was not issued with respect to property or places within the
jurisdiction of the Chapter on which the violation was based;
e.
If it does not describe the property or places to be searched with
sufficient certainty;
f.
If it is not signed by the Municipal Judge; or
g.
If it was not executed within ten (10) days after the date upon which
the application therefor was made.
