City of Union, MO Article II Municipal Judge

Section 135.050 Title and Election of Judge.

[R.O. 2012 §135.050; CC 1992 §18-3; Ord. No. 1537 §2, 12-4-1978]

The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 20th Judicial Circuit Court, and shall be elected to his/her position by the qualified voters of the City, for a term as specified in this Chapter.

Section 135.060 Term of Office of Judge.

[R.O. 2012 §135.060; CC 1992 §18-4; Ord. No. 1537 §2, 12-4-1978]

The Municipal Judge shall hold his/her office for a period of two (2) years, and shall take office every two (2) years from the first (1st) Monday in May of 1979. If, for any reason, a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the term is for less than two (2) years.

Section 135.070 Vacation of Office by Judge.

[R.O. 2012 §135.070; CC 1992 §18-5; Ord. No. 1537 §2, 12-4-1978; Ord. No. 2310 §1, 10-14-1996]

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 Rule 12 of the State Supreme Court; or

2. Upon attaining his/her seventy-fifth (75th) birthday.

Section 135.080 Qualifications for Office of Judge.

[R.O. 2012 §135.080; CC 1992 §18-6; Ord. No. 1537 §2, 12-4-1978; Ord. No. 2310 §2, 10-14-1996; Ord. No. 2353 §1, 4-14-1997; Ord. No. 3717 §1, 3-12-2012]

A. The Municipal Judge shall possess the following qualifications before he/she shall take office:

1. He/she must be an attorney licensed to practice law within the State.

2. It is not necessary that he/she be a resident of the City.

3. He/she must be a resident of the State.

4. He/she must be between the ages of twenty-one (21) and seventy-five (75) years.

5. He/she may not hold any other office within the City government.

6. The Municipal Judge shall be considered to be holding a part-time position, and as such may accept other employment within the requirements of the Code of Judicial Conduct and the rules of the State Supreme Court.

Section 135.090 Powers and Duties of Judge.

[R.O. 2012 §135.090; CC 1992 §18-10; Ord. No. 1537 §2, 12-4-1978]

A. The Municipal Judge shall be and is hereby authorized to:

1. Establish a Violations Bureau as provided for in the State 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 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 State Rules of Practice and Procedure in Municipal and Traffic Courts. Any and all rules made or adopted under this Subsection 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 State Rules of Practice and Procedure in Municipal and Traffic Courts, or State Statutes.

B. 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.

Section 135.100 Absence of Judge — Procedure.

[R.O. 2012 §135.100(C)]

A. If the Municipal Judge or Provisional 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.

B. The Presiding Judge of the Circuit Court may appoint any other Municipal Judge within the Circuit to act as a Special Interim Municipal Judge for a Municipal Judge of the Circuit who is absent, sick or disqualified from acting. The Presiding Judge shall act upon the request of those with authority to make such request under Subsection (A) of this Section.

C. 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.