[R.O. 2012 §135.030; Ord. No. 6718 §2, 10-23-1978; Ord. No. 2000-11-1, 11-6-2000; Ord. No. 18-12-04, 12-17-2018]
A.
The
Judge of the City's Municipal Court shall be known as a Municipal
Judge of the 7th Judicial Circuit Court and shall be selected as follows:
1.
He shall be appointed to his/her position by the City Manager for a term of not less than two (2) years unless terminated by mutual consent or pursuant to Section 125.040. The Judge shall be subject to the rules of the 7th Judicial Circuit Court that are not inconsistent with the rules of the Supreme Court. The Presiding Judge of the Circuit Court shall have general administrative authority over the judges and court personnel of the Municipal Court.
[R.O. 2012 §135.050; Ord. No. 6718 §2, 10-23-1978; Ord. No. 18-12-04, 12-17-2018]
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 75th birthday; or
3.
If he/she should lose his/her license to practice law within the
State of Missouri; or
4.
Neglect, malfeasance, nonfeasance, or other conduct of the Judge
in the performance of services which, in the reasonable judgment of
the City and the Circuit Court, is detrimental to the best interests
of the City; or
5.
Any other breach of the Municipal Court services agreement by the
Judge as determined in the reasonable judgment of the City; or
6.
Any intentional dishonesty, discrimination or other ethical misconduct
by the Judge as determined in the reasonable judgment of the City
and the Circuit Court; or
7.
Conviction of a felony by a court of competent jurisdiction.
[R.O. 2012 §135.060; Ord. No. 18-12-04, 12-17-2018]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
Must be a licensed attorney, qualified to practice law within the
State of Missouri.
2.
Must be a resident of the State of Missouri.
3.
Must be between the ages of twenty-one (21) and seventy-five (75)
years.
4.
The Municipal Judge may also serve as Municipal Judge for any other
municipality.
5.
The Municipal Judge may not hold any other office within the City
Government.
6.
The Municipal Judge shall be considered an independent contractor,
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[R.O. 2012 §135.070; Ord. No. 6718 §2, 10-23-1978]
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.
[R.O. 2012 §135.080; Ord. No. 6718 §2, 10-23-1978]
The Municipal Judge shall cause to be prepared within the first
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 Court 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.
[R.O. 2012 §135.090; Ord. No. 6718 §2, 10-23-1978]
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 shall keep such other
records as may be required. Such docket and records shall be records
of the Circuit Court of Clay County. The Municipal Judge shall leave
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.
[R.O. 2012 §135.100; Ord. No. 6718 §2, 10-23-1978; Ord. No. 2000-1-4 §1, 1-24-2000]
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 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 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 this City.
[R.O. 2012 §135.110; Ord. No. 6718 §2, 10-23-1978; Ord. No. 2000-1-4 §1, 1-24-2000]
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the same. The Municipal Court Clerk is hereby designated as the
Violations Clerk for said Bureau.
[R.O. 2012 §135.120; Ord. No. 6718 §2, 10-23-1978]
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 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.
[R.O. 2012 §135.130; Ord. No. 6718 §2, 10-23-1978]
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.
[R.O. 2012 §135.140; Ord. No. 6718 §2, 10-23-1978]
Any person charged with a violation of a Municipal ordinance
of this 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.
[R.O. 2012 §135.150; Ord. No. 6718 §2, 10-23-1978]
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 prosecution shall be paid by the City. The
compensation of such attorney shall not be contingent upon the result
in any case.
[R.O. 2012 §135.160; Ord. No. 6718 §2, 10-23-1978]
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.
[R.O. 2012 §135.170; Ord. No. 6718 §2, 10-23-1978]
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.
[R.O. 2012 §135.180; Ord. No. 6718 §2, 10-23-1978]
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 Clay or Ray County Jail, or to any other public or
private correctional facility with which the City maintains a contractual
arrangement for the jailing of prisoners, 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 facility for the keeping of municipal prisoners
in their custody. The same shall be taxed as costs.
A.
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.
B.
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:
C.
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.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[R.O. 2012 §135.200; Ord. No. 6718 §2, 10-23-1978]
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 judgement and shall be filed in such form and perfected
in such manner as provided by Supreme Court rules.
[R.O. 2012 §135.210; Ord. No. 6718 §2, 10-23-1978]
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 Appellant Court.
[R.O. 2012 §135.220; Ord. No. 6718 §2, 10-23-1978]
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.
[R.O. 2012 §135.230; Ord. No. 6718 §2, 10-23-1978]
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 affidavit or disqualification in the
same case.
[R.O. 2012 §135.240]
If a Municipal Judge be absent, sick or disqualified from acting,
the City Manager may request that the Presiding Judge of the Circuit
designate some competent, eligible person to act as Municipal Judge
until such absence or disqualification shall cease. Should such absence
or disqualification become permanent, the office may be filled by
a competent, eligible person designated by the City Manager.
[R.O. 2012 §135.250; Ord. No. 6718 §2, 10-23-1978; Ord. No. 2000-1-4 §1, 1-24-2000]
A.
The
City Manager shall designate a suitable person as the Clerk of the
Municipal Court. The duties of said clerk shall be as follows:
1.
To act for the Chief of Police in the collection of fines and Court
costs.
2.
To take oaths and affirmations.
3.
To accept signed complaints, and allow the same to be signed and
sworn to or affirmed before him/her.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
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 act as Violations Clerk of the Violations
Bureau.
6.
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.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City of the Municipality which shall constitute
prima facie evidence of such ordinance before the Court. Further,
to maintain a similar certified copy on file with the Clerk serving
the Circuit Court of this County.
[R.O. 2012 §135.260; Ord. No. 6718 §2, 10-23-1978; Ord. No. 93-12-4 §135.260, 12-6-1993; Ord. No. 95-1-13 §135.260, 1-17-1995; Ord. No. 99-12-8, 12-20-1999; Ord. No.
02-2-6, 2-19-2002; Ord. No. 06-4-5, 4-17-2006; Ord. No. 12-02-01, 2-6-2012; Ord. No. 13-08-03, 8-5-2013; Ord. No. 15-03-05, 3-16-2015]
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 for the Court shall be twelve dollars ($12.00) per case
plus two dollars ($2.00) shall be assessed for the training of Peace
Officers, as an additional Court cost for violations of any and all
ordinances of the City, including non-moving traffic violations, provided
that no such fee shall be collected when the proceeding has been dismissed
or when costs are paid by the municipality. This fee shall be transmitted
monthly to the Finance Director of the City. An additional one dollar
($1.00) shall be assessed for training of Peace Officers, as an additional
Court Cost for violations of any and all ordinances of the City, including
non-moving traffic violations, provided that no such fee shall be
collected when the proceeding has been dismissed or when costs are
paid by the municipality. This fee shall be deposited with the Treasurer
of the State in the Peace Officer Standards and Training Commission
Fund, to be used statewide for the training of Peace Officers.
2.
Other costs, such as for the issuance of a warrant, a commitment,
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
3.
Actual costs assessed against the City by the County Sheriff
in criminal prosecutions.
4.
Actual costs assessed against the City for the defendant's apprehension
or confinement in any jail facility.
5.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(both directions) in order to serve any warrant or commitment or order
of this Court.
6.
There is established in the State Treasury the Crime Victims'
Compensation Fund. A Court cost in the amount of seven dollars fifty
cents ($7.50) shall be assessed as costs in all municipal ordinance
violations as outlined in Section 595.045, RSMo.
7.
An additional Court cost in the amount of two dollars ($2.00)
per case for each case filed in Municipal Court. This cost shall be
collected according to Section 479.261, RSMo., by the Court Clerk
and distributed to the City Treasurer at least monthly. Monies collected
from such additional Court cost will be used for the purpose of providing
operating expenses for the below-named shelter for battered persons
as defined in Sections 455.200 to 455.230, RSMo. to wit Safe Haven.
The City Treasurer shall at least quarterly distribute the proceeds
to the shelter.
8.
A surcharge of two dollars ($2.00) shall be assessed as costs
in each case filed in Municipal Court. This cost shall be collected
according to Section 488.5026, RSMo., by the Court Clerk and distributed
to the City Treasurer at least monthly and deposited in the Inmate
Security Fund account. Monies collected from such additional Court
costs will be used for the purpose of maintaining the City's biometric
verification system and any other expenses related to the custody
and housing of prisoners.
10.
A surcharge of one dollar ($1.00) for the Judicial Education
Fund shall be assessed as costs in each case filed in Municipal Court,
provided that no such fee shall be collected when the proceeding has
been dismissed or when the costs are paid by the municipality. This
cost shall be collected according to Sections 488.010 to 488.020,
RSMo., by the Court Clerk and distributed to the City Treasurer at
least monthly and deposited in the Judicial Education Fund account.
Such funds shall be used to pay for continuing education and certification
required of Municipal Judges and judicial education and training for
the Court Administrator and Clerks of the Municipal Court.
11.
In addition to any cost which may be assessed by the municipal division
pursuant to statute, ordinance, or Court rule, in every proceeding
filed in the municipal division for violation of an ordinance, a surcharge
of seven dollars ($7.00) shall be assessed. Such surcharge shall also
be assessed in cases in which pleas of guilty are processed in the
Violations Bureau. No such surcharge shall be collected when the proceeding
or defendant has been dismissed by the Court, when costs are waived
or when costs are paid to the City. Such surcharge shall be collected
by the Municipal Court and transmitted monthly to the Missouri Director
of Revenue to the credit of the Missouri Statewide Court Automation
Fund as provided in Sections 488.012.3(5) and 488.027.2, RSMo. The
fee will not be collected until the court goes live on Show Me Courts
(SMC).
[Ord. No. 21-08-02, 8-2-2021]
[R.O. 2012 §135.265; Ord. No. 93-12-4 §135.265, 12-6-1993]
A.
Upon
a plea of guilty, finding of guilty, plea bargain agreement, or conviction
for violation of any municipal ordinance regarding alcohol- or drug-related
offenses, the court may in addition to imposition of any penalties
provided by law, order the person to reimburse the law enforcement
authorities for the cost associated with such arrest.
B.
Such
costs shall include the reasonable cost of making the arrest, including
the cost of any chemical tests to determine the alcohol or drug content
of the person's blood, and the cost of processing, charging, booking
and holding such person in custody.
C.
Law
enforcement authorities may establish a schedule of such costs for
submission to the court; however, the court may order the costs reduced
if it determines that the schedule of costs is 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 other costs
and fees are collected and remitted to the City Treasurer.
E.
The
City Treasurer shall retain these fees in a separate fund known as
the "DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement
Fund shall be appropriated by the City Council to law enforcement
authorities from such fund in amounts equal to those costs so incurred
and shall be specifically used to enhance and support the enforcement
and prosecution of alcohol- and drug-related traffic laws within the
City.
[R.O. 2012 §135.270; Ord. No. 6718 §2, 10-23-1978]
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.
[R.O. 2012 §135.280; Ord. No. 6718 §2, 10-23-1978]
When a fine is assessed for violating an ordinance, 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.
[R.O. 2012 §135.290; Ord. No. 6718 §2, 10-23-1978]
All bonds to be accepted for the release of prisoners shall
be cash bonds, or checks, subject to the rules and regulations of
the Chief of Police among which cash substitution for the same shall
be made on the next ensuing business day, posted with the Municipal
Court Judge shall determine and set.
[R.O. 2012 §135.300; Ord. No. 87-3-2 §1, 3-2-1987]
Any person who wilfully violates his/her promise to appear in
Municipal Court, given at the time of the service of a summons or
warrant notifying him/her of his/her court appearance date or who
shall willfully fail to appear in Municipal Court in response to a
summons or warrant that has been served upon him/her, shall be guilty
of an ordinance violation regardless of the disposition of the charge
upon which he/she was originally arrested.
