Section 135.160 Municipal Judge — Authority to Suspend Imposition or Execution of Sentence — Grant Parole, Etc.
Section 135.210 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[CC 1983 §72.010; Ord. No. 14-12, 10-16-2014]
There is hereby established in this City, a Municipal Court to be known as the "Hollister Municipal Court, a Division of the 38th Judicial Circuit Court of the County of Taney, State of Missouri."
[CC 1983 §72.020; Ord. No. 14-12, 10-16-2014]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[CC 1983 §72.030; Ord. No. 14-12, 10-16-2014]
The Judge of the City's Municipal Court shall be known as a "Municipal Judge of the 38th Judicial Circuit Court," and shall be selected as follows: He/she shall be appointed as Municipal Judge for the City of Hollister by the Mayor; such appointment shall be approved by a majority of the Board of Aldermen.
[CC 1983 §72.040; Ord. No. 14-12, 10-16-2014]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office bi-annually on the first day of January. If for any reason a Municipal Judge vacates his/her office, his/her successor shall be appointed by the Mayor to complete that term of office; such appointment shall be approved by a majority of the Board of Aldermen.
[CC 1983 §72.050; Ord. No. 14-12, 10-16-2014]
The Municipal Judge shall vacate his/her office under the following circumstances:
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
Upon attaining his/her 75th birthday; or
Should he/she fail, within six (6) months of his/her selection, to satisfactorily complete the course of instruction for Municipal Judge as prescribed by the State Supreme Court.
[Ord. No. 94-03 §72.060, 1-20-1994; Ord. No. 14-12, 10-16-2014]
The Judge of the Circuit Court of Taney County, Missouri, Hollister Municipal Division shall possess all the following qualifications before taking office:
The said Judge must be a licensed attorney, qualified to practice law within the State of Missouri.
The said Judge need not reside within the City limits of the City of Hollister.
The said Judge must be a resident of the State of Missouri.
The said Judge must be between the ages of twenty-one (21) and seventy-five (75) years of age.
The said Judge may not hold any other office within the City Government.
The Judge of the Circuit Court of Taney County, Hollister Municipal Division, shall be considered holding a part-time position, and as such may accept other employment within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2.
[Ord. No. 95-21 §135.070, 5-4-1995; Ord. No. 09-10, 4-2-2009; Ord. No. 12-12, 4-19-2012; Ord. No. 14-12, 10-16-2014]
The Municipal Judge shall receive three hundred seventy-five dollars ($375.00) for the first Court session and two hundred seventy-five dollars ($275.00) for the second session, per month.
[Ord. No. 12-13, 4-19-2012; Ord. No. 14-12, 10-16-2014]
The Temporary Municipal Judge shall receive three hundred seventy-five dollars ($375.00) for the first Court session and two hundred seventy-five dollars ($275.00) for the second session.
The Temporary Municipal Judge who is appointed due to a disqualification of Judge or trial de novo will be compensated at fifty dollars ($50.00) per hour not to exceed one hundred seventy-five dollars ($175.00) per Court appearance, fifty-dollar minimum.
[CC 1983 §72.080]
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 1983 §72.090; Ord. No. 06-24, 7-20-2006]
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 charge and any 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 Office of State Courts Administrator. The Municipal Court shall pay daily, to the Municipal Treasury, the full amount of all fines collected.
[CC 1983 §72.100]
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 Taney County. The Municipal Judge shall deliver the docket and records of the 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 1983 §72.110]
The Municipal Judge shall be and is hereby authorized to:
Establish a Traffic 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 contempt committed before him/her while holding Court, in the same manner and to the same extent as a Circuit Judge.
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 1983 §72.120]
Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same. The City Clerk is hereby designated as the Traffic Violations Clerk for said Bureau, if established.
[CC 1983 §72.130]
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.
[Ord. No. 03-57, 12-4-2003]
The posting of a bail bond with law enforcement or the Court allows the release of a person from legal custody by giving security for the appearance of a defendant in Court. Any person arrested and charged with an ordinance violation shall be entitled to release from custody pending trial.
Bonds accepted by the Court are personal surety bond, corporate surety, cash bond, percentage bond, personal recognizance and an appearance waiver.
All type bonds collected by Law Enforcement Personnel shall be placed in a locked box, located in the dispatch office, immediately following receipt.
When Law Enforcement Personnel collect a cash bond.
The officer shall issue a pre-numbered receipt to the defendant for the total amount collected.
The officer shall process the case and release the person from custody pending trial.
The officer shall have a dispatcher verify the amount collected, log on the bond log, enclose the bond form and then seal the envelope. The envelope shall have the dollar amount collected and defendant's name written on the outside of the envelope. The officer and the dispatcher shall place the sealed envelope in a locked box.
A representative from the City Clerk's office, witnessed by a dispatcher, shall check the locked box daily during normal Town Hall business hours and log the unopened envelope(s).
When the bond is received by the Court Clerk, the money will be counted and verified by the person turning in the bond. This person will sign a form acknowledging the amount of the bond turned into the Court.
Cash bond monies will be deposited in the bond account within twenty-four (24) hours after receipt by Court Clerk's office.
When Law Enforcement Personnel collect a surety bond. The officer shall place the surety bond form in an envelope and place in the locked box. The envelope shall have the dollar amount of the surety bond and defendant's name written on the outside of the envelope.
[CC 1983 §72.140]
The Chief of Police or other Police Officer of the City shall, 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 1983 §72.150]
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.
Section 135.160 Municipal Judge — Authority to Suspend Imposition or Execution of Sentence — Grant Parole, Etc.
[Ord. No. 426 §1, 7-18-1991]
The Judge of the Circuit Court of Taney County, Missouri, Hollister Municipal Division, shall be and is authorized to:
Suspend imposition of sentence;
Suspend execution of sentence;
Grant parole and probation;
Impose shock fines or sentences with probation;
as in the discretion of the Court is proper for the right conduct of the court and so long as it complies with State and Federal laws and all rules made and provided.
[CC 1983 §72.160]
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.
[CC 1983 §72.170]
It shall be the duty of the Municipal Judge to summons 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 1983 §72.180]
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 1983 §72.190]
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.
Section 135.210 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
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.
In any case tried before a Municipal Judge who is not licensed to practice law in this State, the defendant shall have a right to trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
In any case tried before a Municipal Judge who is licensed to practice law in this State or before an Associate Circuit Judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Judge or upon 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 rule.
In any case tried with a jury before an Associate Circuit Judge a record shall be made and appeals may be had upon that record to the appropriate Appellate Court.
The Supreme Court may provide by rule what record shall be kept and may provide that it be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.
[CC 1983 §72.220]
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.
[CC 1983 §72.230]
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 1983 §72.240]
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.
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general Municipal election, the office may be filled by a competent, eligible person designated by the Mayor or as provided in Subsection (B) of this Section.
The Presiding Judge of the Circuit Court may appoint any other Municipal Judge within the Circuit to act as a special Municipal Judge for a Municipal Judge of the Circuit who is absent, sick or disqualified from acting. The Presiding Judge shall act only upon request of the Mayor for a special Municipal Judge.
The Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[CC 1983 §72.260]
The City Clerk is hereby designated as the Clerk of the Municipal Court. The duties of said Clerk shall be as follows:
To collect such fines for violations of such offenses as may be described and the Courts costs thereof.
To take oaths and affirmations.
To accept signed complaints and allow the same to be signed and sworn to or affirmed before him/her.
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Traffic Violation Bureau cases or as directed by the Municipal Judge; generally act as violation Clerk of the Traffic Violation Bureau.
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.
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City 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.
[Ord. No. 94-19 §72.270, 4-21-1994; Ord. No. 97-22 §135.280, 8-21-1997; Ord. No. 99-42, 7-15-1999; Ord. No. 01-02, 1-4-2001; Ord. No. 01-45, 9-6-2001; Ord. No. 04-60, 11-4-2004]
In addition to any fines that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following:
Court costs (CC): $12.00.
A fee of twelve dollars ($12.00) is hereby established and assessed in each Court proceeding, including non-moving traffic violations; except that no such fee shall be collected in any Court proceeding when the proceeding or the defendant has been dismissed or defendant is found by the Judge to be indigent and unable to pay the costs.
Law enforcement training fee (LET): $3.00.
A fee of three dollars ($3.00) is hereby established and assessed in each Court proceeding, including non-moving traffic violations; except that no such fee shall be collected in any Court proceeding when the proceeding or the defendant has been dismissed or defendant is found by the Judge to be indigent and unable to pay the costs.
Two dollars ($2.00) of such fee collected shall be transmitted monthly to the Treasurer of the City to be used for training Law Enforcement Officers. One dollar ($1.00) of such fees collected shall be deposited into the Peace Officer Standards and Training Commission Fund to be used statewide for training Law Enforcement Officers. The checks should be payable to the "Treasurer, State of Missouri". Address and mail checks after the last day of each month to: Budget Director, Department of Public Safety, P.O. Box 749, Jefferson City, MO 65102.
Crime victim's compensation (CVC): $7.50.
A fee of seven dollars fifty cents ($7.50) is hereby established and assessed in each court proceeding, including non-moving traffic violations; except that no such fee shall be collected in any Court proceeding when the proceeding or the defendant has been dismissed or defendant is found by the Judge to be indigent and unable to pay the cost.
Thirty-seven cents ($0.37) of such fee collected shall be transmitted monthly to the Treasurer of the City. Seven dollars thirteen cents ($7.13) of such fee collected shall be paid to the Missouri Department of Revenue, County Tax Division, P.O. Box 475C, Jefferson City, MO 65105.
Domestic violence victims shelter fee (DVVSF): $1.00.
A fee of one dollar ($1.00) is hereby established and assessed in each Court proceeding, including non-moving traffic violations; except that no such fee shall be collected in any Court proceeding when the proceeding or the defendant has been dismissed or defendant is found by the Judge to be indigent and unable to pay the costs.
One dollar ($1.00) of such fee collected shall be paid to the County Treasurer, Taney County Court House, P.O. Box 576, Forsyth, MO 65653 to be used for the purpose of providing operating expenses for shelters for battered persons.
Missouri Sheriff's retirement fee (MSR): three dollars ($3.00).
[Ord. 13-09, 8-15-2013]
A fee of three dollars ($3.00) is hereby established and assessed in each Court proceeding, including non-moving traffic violations; except that no such fee shall be collected in any Court proceeding when the proceeding or the defendant has been dismissed or the defendant is found by the Judge to be indigent and unable to pay the costs.
Three dollars ($3.00) of such fee collected shall be paid to the Missouri Sheriffs Retirement, P.O. Box 105257, Jefferson City, MO 65110 to be used for the purpose of providing a retirement fund for the Sheriff's Department.
Alcohol- and drug-related traffic offenses. In addition to any other penalties and costs provided by law or ordinance, the Court may order any person convicted of an alcohol- or drug-related traffic offense or amended alcohol- or drug-related traffic offense to reimburse the City for the costs associated with the arrest of such person. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made 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. A schedule of such costs shall be established by the Hollister Police Department and filed with the Clerk of the Municipal Court, and the Court may impose costs in accordance with the schedule; provided the Court may order the costs reduced in a case if the Court determines the costs are excessive.
Other costs, such as for the issuance of a warrant, a commitment or summons, as provided before the Associate Circuit Court Judge in criminal prosecutions.
Actual costs assessed against the City by any law enforcement agency for apprehension or confinement or jail fees. If confined in the City Jail, the jail fees shall be twenty-five dollars ($25.00) per day for meals and lodging.
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.
[CC 1983 §72.280]
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 from malicious motives.
[CC 1983 §72.290]
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.
[Ord. No. 264 §§1,2, 12-4-1986]
Every person shall appear in Municipal Court when notified or summoned by lawful authority to so appear, and shall obey all lawful court orders, warrants, and summons.
The willful violator of this Section shall be punished by a fine not to exceed one hundred dollars ($100.00) or thirty (30) days in jail or, by both such fine and jail sentence.
[CC 1983 §75.056; Ord. No. 99-38, 7-15-1999]
No person charged with driving while intoxicated (See Section 342.010 of this Code) or driving with blood alcohol content (See Section 342.020 of this Code) shall have his/her case heard in Municipal Court except in accordance with the following procedure:
[CC 1983 §75.057]
Effective January 1, 1984, the Municipal Court may, in connection with the disposition of any offense which is a "point offense" resulting in the assessment of 1, 2, 3, or 4 points by the State Director of Revenue under the provisions of Section 302.302.1 (1), (2), or (4) RSMo., order the staying of the assessment of points upon satisfactory completion of a driver improvement program approved by the State Director of the Department of Public Safety, as provided by Section 302.302.4, RSMo.