[Ord. No. 1873 §I, 9-15-2009]
There is hereby established a Municipal Court to be known as
the "Warrenton Municipal Court, a Division of the 12th Judicial Circuit
Court of the State of Missouri". This Court is a continuation of the
Municipal Court of the City as previously established and is termed
herein "the Municipal Court".
[Ord. No. 1873 §I, 9-15-2009; Ord.
No. 2629, 8-17-2021]
A.
The
jurisdiction of the Municipal Court shall extend to all cases involving
alleged violations of the ordinances of the City committed by adults
over the age of eighteen (18). For alleged violations of the ordinances
committed by minors under the age of eighteen (18) ("minor"), the
Municipal Court shall only extend their jurisdiction to those charges
which:
1.
Involve a minor fifteen (15) years of age or older who allegedly
committed a municipal traffic violation, of which does not constitute
a felony;
2.
Involve any minor who allegedly violated a municipal curfew ordinance;
3.
Involve any minor who allegedly violated a municipal ordinance prohibiting
the use or possession of tobacco.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 1935 §I, 9-21-2010]
A.
The
Warrenton Municipal Division of the Warren County Circuit Court shall
be composed of two (2) Divisions. All cases shall be assigned to Division
Two and the Division Two Judge shall preside over the Municipal Court.
Upon the disqualification, temporary absence or illness of the Judge
of Division Two, or upon the assignment of the Presiding Judge of
the Municipal Court, cases shall be transferred to Division One for
further proceedings in accordance with law.
B.
The
Judges of the City's Municipal Court shall be known as the Municipal
Judges of the 12th Judicial Circuit Court of Missouri and they shall
be appointed to their positions as provided by law, for a term as
specified herein.
[Ord. No. 1873 §I, 9-15-2009]
A.
Generally. The Municipal Judge shall possess the following
qualifications before he/she shall take office:
1.
He/she shall be a licensed attorney, qualified to practice law within
the State of Missouri;
2.
He/she shall be a resident of the State of Missouri;
3.
He/she shall be between the ages of twenty-one (21) and seventy-five
(75) years;
4.
He/she shall not hold any other office within the City Government.
B.
Residency. The Municipal Judge need not reside within the
City.
C.
Other Employment. The Municipal Judge shall be considered
as holding a part-time position and as such may serve as Municipal
Judge for any other municipality or accept other employment within
the requirements set forth in the Code of Judicial Conduct, Missouri
Supreme Court Rule 2.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 2021 §I, 2-21-2012]
The Municipal Judge shall hold his/her office for a period of
four (4) years. If for any reason a Municipal Judge vacates his/her
office, his/her successor shall complete that term of office, even
if the same be for less than four (4) years.
[Ord. No. 1873 §I, 9-15-2009]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges as provided in Missouri Supreme Court
Rule 12; or
2.
Upon attaining his/her seventy-fifth (75th) birthday; or
3.
If he/she should lose his/her license to practice law within the
State of Missouri.
[Ord. No. 1873 §I, 9-15-2009]
A.
The
Municipal Judge shall be and 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 Section
479.050, RSMo.;
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 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 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 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.
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 Code or
other ordinances of the City.
[Ord. No. 1873 §I, 9-15-2009]
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 the cases for which 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.
[Ord. No. 1873 §I, 9-15-2009]
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 Warren 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.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009]
Any person charged with a violation of a municipal ordinance
of the City shall be entitled to a trial by jury as in prosecutions
for misdemeanors before an Associate Circuit Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[Ord. No. 1873 §I, 9-15-2009]
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; such oral notice shall be valid
as a summons.
[Ord. No. 1873 §I, 9-15-2009]
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 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 Judge within the
County.
[Ord. No. 1873 §I, 9-15-2009; Ord.
No. 2670, 4-5-2022]
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 a City or County Jail and it shall be the duty of the
Sheriff or other official in charge of such facility, if space for
the prisoner is available in the City or 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.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 1897 §I, 4-6-2010; Ord.
No. 1966 §I, 6-7-2011; Ord. No. 2670, 4-5-2022]
Any Municipal Judge hearing municipal ordinance violations,
upon a plea or finding of guilt, may suspend the imposition of sentence
or the execution of sentence and place the defendant on probation
for a period not to exceed two (2) years. The Judge may also impose
such conditions of probation as the Judge finds reasonably necessary
to ensure future compliance with all laws, the successful completion
of the term of probation and to provide compensation or other consideration
to the victim and society. Such conditions, may include, but shall
not be limited to, supervision by a probation agency, restitution
to the victim(s) of the ordinance violation, and alternative community
service, corrective or educational programs.
[Ord. No. 1873 §I, 9-15-2009]
In all cases tried before the Municipal Court, 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 Judge or, on assignment, before an Associate Circuit 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 rules.
[Ord. No. 1873 §I, 9-15-2009]
In all cases in which a jury trial has been demanded, a record
of the proceedings shall be made and appeals may be had upon that
record to the appropriate Appellate Court.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009]
A.
The
Municipal Court Clerk is hereby designated as the Clerk of the Municipal
Court. The duties of the Municipal Clerk shall be as follows:
1.
To take oaths and affirmations;
2.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her;
3.
To sign and to issue subpoenas requiring the attendance of witnesses
and sign and issue subpoenas duces tecum;
4.
To accept the appearance, waiver of trial and plea of guilty and
payment of fine and costs in Violations Bureau cases or as directed
by the Municipal Judge; generally to act as Violations Clerk of the
Violations Bureau;
5.
To perform all other duties as provided for by ordinance, by rules
of practice and procedure adopted by the Municipal Judge and by the
Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts and by Statute;
6.
To maintain, properly certified by the City Clerk, a complete copy
of the Warrenton City Code which shall constitute prima facie evidence
of such Code before the Court and, further, to maintain a similar
certified copy on file with the Clerk serving the Circuit Court of
this County.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 1980 §I, 6-21-2011; Ord. No. 2584, 1-19-2021; Ord. No. 2618, 7-6-2021; Ord. No. 2670, 4-5-2022]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
In all cases, costs for the training of Police Officers in the amount
of three dollars ($3.00). Two dollars ($2.00) of such fees collected
shall be transmitted monthly to the Treasurer of the City to be used
to pay for Peace Officers' training. The City shall not retain more
than one thousand five hundred dollars ($1,500.00) of such funds for
each certified Law Enforcement Officer or candidate for certification
employed by the City. Any excess funds shall be transmitted quarterly
to the City's General Fund. One dollar ($1.00) of such fees collected
shall be transmitted monthly to the Treasurer, State of Missouri and
deposited into the Peace Officer Standards and Training Commission
Fund to be used Statewide for training of Law Enforcement Officers.
3.
A surcharge relating to the Crime Victims' Compensation Fund in the
amount of seven dollars fifty cents ($7.50) in all cases, except in
any proceeding in the Municipal Court when the proceeding or defendant
has been dismissed by the Court or when costs are to be paid by the
City. The monies collected pursuant to this Subsection shall be disbursed
as provided by law.
4.
There shall be assessed to each defendant who pleads guilty or is
found guilty in each Court proceeding for violation of a municipal
ordinance an additional surcharge in the amount of two dollars ($2.00),
except that no such fee shall be collected in any proceeding when
the proceeding or the defendant has been dismissed by the Court or
when costs are to be paid by the City. The two dollars ($2.00) assessed
under the provisions of this Subsection shall be transmitted monthly
to the Treasurer of the City and placed into an "Inmate Security Fund."
Funds deposited shall be utilized to develop a biometric verification
system to ensure that inmates can be properly identified and tracked
within the local jail system. Upon the installation of the biometric
verification system, funds in the Inmate Security Fund may be used
for the maintenance of the biometric verification system and to pay
for any expenses related to the custody and housing and other expenses
for prisoners.
5.
There shall be assessed to each defendant who pleads guilty or is
found guilty in every Court case for violation of a municipal ordinance
an additional surcharge in the amount of two dollars ($2.00), except
that no such surcharge shall be collected in any proceeding when the
proceeding or defendant has been dismissed by the Court or when the
costs are to be paid by the City. Any surcharge collected by the Municipal
Court Clerk pursuant to this Subsection shall be disbursed to the
City at least monthly. Monies collected pursuant to this Subsection
shall be used only for the purpose of providing operating expenses
for shelters for battered person as defined in Section 455.220, RSMo.,
to 455.230, RSMo.
6.
There shall be assessed to each defendant who pleads guilty or is
found guilty in every court case for violation of a municipal ordinance
an additional surcharge in the amount of seven dollars ($7.00) for
the Statewide Court Automation Fund, except that no such surcharge
shall be collected in any proceeding when the proceeding or defendant
has been dismissed by the Court or when the costs are to be paid by
the City. Moneys collected by the Municipal Court Clerk pursuant to
this Subsection shall be disbursed as provided in Sections 488.015,
RSMo., to 488.020, RSMo., and shall be payable to the Director of
Revenue, who shall deposit all amounts collected pursuant to this
Section to the credit of the Statewide Court Automation Fund, as established
in Section 476.055, RSMo.
[Ord. No. 1873 §I, 9-15-2009]
The costs of any action may be assessed against the prosecuting
witness and judgment rendered against him/her to pay the same and
he/she shall stand committed until such costs are 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.
[Ord. No. 1873 §I, 9-15-2009]
When a fine is assessed for violating this Code, it shall 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. 1873 §I, 9-15-2009]
A.
Upon a plea of guilty or a finding of guilty for an offense in violation of the provisions of Sections 342.020 and 342.030, the Municipal Court may, in addition to imposition of any penalties provided by law, order the person to reimburse the Warrenton Police Department or other local law enforcement agency which made the arrest for the costs associated with such arrest.
B.
Such
costs shall include the reasonable costs of making the arrest, including
the cost of any chemical test made under this Chapter 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.
C.
The
Warrenton Police Department may establish a schedule of such costs;
however, the Court may order the costs reduced if it determines that
the costs are excessive given the circumstances of the case or for
good cause shown.
D.
These
fees shall be calculated as additional costs by the Municipal Court
and shall be collected by the Court in the same manner as the costs
and fees are collected and remitted to the Finance Officer.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 2253 §3, 12-1-2015]
It shall be unlawful for any person to fail to appear at the proper time and plea or answer a charge against him/her in the Municipal Court upon being first duly summoned. A defendant charged with an underlying offense that is a minor traffic violation, as defined by Section 300.010 of the Municipal Code, shall not be subject to prosecution for the offense of failure to appear on said charge.
