Editor's Note — As to certain violations concerning an
accused with special needs, §479.040, RSMo.
[Ord. No. 060410 §1, 4-10-2006; Ord. No. 170327 § 1, 4-10-2017]
A.
Pursuant to Sections 479.010, RSMo., et seq., the City of Willard,
Missouri, hereby establishes a Municipal Court to be hereafter known
as "The Willard Missouri Municipal Court."
B.
Court will convene at City Hall in a designated meeting room suitable
for conducting Court business and capable of accommodating members
of the public wishing to attend.
C.
Court will be in regular session starting December 14, 2020, the
first and third Thursday of each month beginning at 2:00 p.m., and
continuing until such time as all cases on the docket have been heard,
continued, dismissed or otherwise handled. The Court may set such
other times and dates as are necessary to hear any trials or other
extraordinary matters.
[Ord. No. 181126A, 11-26-2018; Ord. No. 201214C, 12-14-2020]
D.
The Municipal Court shall begin hearing cases only after the City
gives notice to the Circuit Clerk of Greene County pursuant to Section
479.030.1, RSMo.
[Ord. No. 060410 §2, 4-10-2006]
The Court shall have original jurisdiction to hear all claimed
violations of any ordinance of the City of Willard, Missouri.
[Ord. No. 060410 §3, 4-10-2006]
A.
Requirements Of Office. All Judges of the Municipal Court
shall meet the following requirements:
1.
Judges must be members in good standing of the Missouri Bar and between
the ages of twenty-one (21) and seventy-five (75).
2.
Judges must be residents of Missouri.
3.
Judges may not hold any other office or position within the Government
of the City of Willard.
4.
Judges must otherwise conform to State law requirements for Municipal
Judges.
B.
Notwithstanding
any other ordinance or practice contrary, Judges may serve as Judges
for other municipalities simultaneously with their service to the
City of Willard. Judges need not be residents of the City.
C.
Appointment Of Judges.
1.
The Court shall have one (1) Judge. However, the Board of Aldermen
may provide for more Judges as needed by resolution.
2.
Judges shall be appointed by ordinance passed by a majority vote
of the Board of Aldermen after nomination by the Mayor or the President
of the Board in the absence of the Mayor.
D.
Term Of Office. Municipal Judges shall be appointed for
a two (2) year term. The first (1st) term shall commence May 2003.
E.
Compensation. Judges shall be compensated for their service
by the City of Willard. Compensation may be hourly or fixed fee or
otherwise, provided that in no event shall a Judge's compensation
be related to the number of cases heard or to the amount of fines
collected.
F.
Absence Of Judge — Procedure. 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.
I.
Powers And Duties. Judges shall have the following powers
and responsibilities:
1.
The Judge shall be the conservator of the peace;
2.
The Judge shall have the power to administer oaths;
3.
The Judge shall have the authority to enforce all orders, rules and
judgments of the Court made by him/her and may fine or imprison for
contempt committed before him/her while holding Court.
4.
The Judge shall keep and maintain a Court docket entering every case
commenced before him/her and the proceeding therein.
5.
The Judge shall establish a Violations Bureau for the handling and
administration of offenses. In connection therewith, the Judge shall
issue an order pursuant to Supreme Court Rule with regard to the offenses
covered by the Bureau and the fines imposed for each offense. Said
order shall be posted prominently at the desk within City Hall where
fines are to be paid.
a.
The above notwithstanding, the Judge shall not include any of the
following offenses within the Violations Bureau:
(1)
Any violation resulting in personal injury or property damage;
(2)
Operating a motor vehicle while intoxicated or drugs;
(3)
Operating a vehicle with a counterfeited, altered, suspended
or revoked license;
(4)
Fleeing or attempting to elude an officer.
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The above listed offenses shall require a court appearance.
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6.
The Judge shall have all other powers and responsibilities conferred
upon Municipal Court Judges by State law.
[Ord. No. 060410 §4, 4-10-2006]
A.
Prosecution
of City ordinances within the Municipal Court shall be the responsibility
of one (1) or more City prosecutors who shall be designated and paid
by the City pursuant to Section 479.120, RSMo.
B.
The
Mayor is authorized and directed to retain the services of one (1)
or more attorneys to perform the duties of City prosecutor, as he/she
from time to time deems necessary and advisable.
C.
The
City prosecutors shall be paid by the City at a rate agreed by the
Mayor and the attorney, but in no event shall such rate exceed that
charged by the City Attorney.
D.
All
attorneys serving as City prosecutor must be licensed members in good
standing of the Missouri Bar.
E.
The
City prosecutors may be removed and replaced at any time by the Mayor.
[Ord. No. 060410 §5, 4-10-2006; Ord. No. 080414A §2, 4-14-2008]
A.
There
shall be at least one (1) Court Clerk. The City shall be responsible
for paying the salary, wage or fee of the Court Clerk.
B.
The
Board of Aldermen may by resolution add to the number of Court Clerks
in the service of the City as such additional personnel becomes advisable.
C.
The
Court Clerk or Clerks may hold other positions within the City Government.
Nothing in this Chapter requires the City to pay an employee additional
sums for their service as Court Clerk.
D.
Duties Of The Court Clerk.
1.
The Court Clerk shall collect all fines imposed by the Court and
remit same to the City at least monthly.
2.
The Court Clerk shall serve as Violations Clerk under the Court's
order establishing the Violations Bureau.
3.
The Clerk shall within the first three (3) days of each month, weekends
and holidays excluded, prepare a list of all cases by case number,
the fines imposed, the amount of costs, the cases appealed of each
case coming before him/her. Such report shall be submitted to the
City Clerk who shall submit same to the Board of Aldermen at the next
scheduled meeting.
E.
The
Municipal Court Clerk, before commencing the duties of office, will
execute a bond in the amount of fifty thousand dollars ($50,000.00),
conditioned upon the faithful performance of his/her duties.
[Ord. No. 060410 §6, 4-10-2006]
A.
Prosecutions
of all ordinance violations shall be instituted by information pursuant
to Supreme Court Rule and may be based on a complaint.
B.
The
Court shall issue summons and warrants in accordance with Supreme
Court Rule.
C.
All
warrants issued by the Judge shall be directed to either the Chief
of Police or the Greene County Sheriff's office. There will be a thirty-five
dollar ($35.00) warrant fee charge to each warrant issued. The warrants
shall be executed by said Law Enforcement Officer or his/her agents
at 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. 060410 §7, 4-10-2006]
A.
The
City prosecutor shall prosecute all ordinance violations before the
Municipal Judge. All salaries, wages or fees of the City prosecutor
shall be paid by the City.
B.
Any
person charged with an ordinance violation shall be entitled to a
trial by jury as in prosecutions for misdemeanors before an Associate
Circuit Court Judge.
C.
The
Judge shall be the trier of fact for all cases involving ordinance
violations except where trial by jury is authorized by law and the
defendant or his/her attorney shall request trial by jury.
D.
In
the event that a jury trial is demanded, the Judge shall certify the
case for assignment.
E.
It
shall be the duty of the Judge to summon all witnesses whose testimony
may be deemed essential at the trial and to enforce their attendance
by attachment if necessary. Witness fees shall be the same as witnesses
in Associate Circuit Court cases and shall be taxed as costs.
F.
Municipal Judge Without Jurisdiction, When.
1.
If, in the progress of any trial before the 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 Court Judge of
the County.
2.
For purposes of this Section, any offense involving the operation
of a motor vehicle in an intoxicated condition as defined in Section
577.001, RSMo., shall not be cognizable in Municipal Court, if the
defendant has been convicted, found guilty, or pled guilty to two
(2) or more previous intoxication-related traffic offenses as defined
in Section 577.001, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[Ord. No. 060410 §8, 4-10-2006]
A.
Judgment. If the defendant shall plead or be found guilty
of an offense, the Judge shall declare the defendant's guilt and assess
the punishment according to the ordinances of the City of Willard.
All findings of guilt must include an order for the defendant to pay
Court costs unless the Court finds that the defendant is indigent
and unable to pay same.
1.
When a fine is assessed for violation of an ordinance, it shall be
within the discretion of the Judge to provide for the payment of the
fine on an installment basis under such terms and conditions as he/she
may deem appropriate.
B.
Commitment In Jail. If the City has no suitable and safe
place of confinement, the defendant may be committed to the County
Jail by the Judge. The City must then pay the board of such defendant
to the County in such amounts as is set by law.
C.
Parole And Probation.
1.
The Judge 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 the Judge. When a person is
placed on probation, he/she shall be supplied with a certificate explicitly
stating the conditions on which he/she is being released.
2.
The Judge may also, in addition to the terms and conditions of any
probation, order such conditions which the Court believes will compensate
the victim or society in general. Such conditions may include, but
need not be limited to:
3.
A person may refuse probation conditioned on free work. If he/she
does so, the Court shall decide the sentence or other disposition
of the case to be imposed and render judgment accordingly.
4.
The Court may at any time before the expiration or termination of
the probation term modify or enlarge the terms of probation.
D.
Recognizance.
1.
The Judge may require a defendant to enter into recognizance to ensure
that the defendant will appear before the Judge at that time and place
appointed. If a defendant shall fail or refuse to enter into such
recognizance, then he/she shall be committed to jail and held to answer
the charges levied against him/her.
2.
In case of a breach of any recognizance entered into before a Judge,
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 City of Willard as the Circuit or Associate Circuit
Court Judge and such shall be on the transcript of the proceedings
before the Municipal Court Judge.
[Ord. No. 060410 §9, 4-10-2006]
A.
In
all bench tried cases where the defendant has been found guilty by
the Judge, the defendant shall have a right to trial de novo (new
trial) before a Circuit Judge or upon assignment before an Associate
Circuit Court Judge.
B.
Applications
for trial de novo must be filed within ten (10) days after the judgment
and shall be filed in such form and perfected in such manner as provided
by Supreme Court Rule.
[Ord. No. 130812 §2, 8-12-2013]
A.
In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the City of Willard Municipal Division of the
31st Judicial Circuit Court, and in addition to all other fees authorized
or required by law, there shall be assessed as costs the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Police Officer training fee. A fee of three
dollars ($3.00) is hereby established and assessed as additional Court
costs in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The City
shall not retain for training purposes 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.
b.
One dollar ($1.00) of each such Court cost shall be sent to
the State Treasury to the credit of the Peace Officers Standards and
Training Commission Fund created by Section 590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
4.
(Reserved)[1]
[1]
Editor's Note: Former Subsection (A)(4), regarding Sheriffs'
Retirement Fund, was repealed 7-26-2021 by Ord. No. 210726. This Subsection
has been left reserved for the City's future use and to keep the integrity
of internal referencing throughout the Code to any Subsections within
this Section.
5.
There may also be assessed a two-dollar cost per case for each
criminal case, including violation of any County or municipal ordinance
for the purpose of providing operating expenses for shelters for battered
persons as set out in Section 488.607, RSMo.
6.
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.
7.
Actual costs assessed against the City by the County Sheriff
for apprehension or confinement in the County Jail or costs assessed
against the City by any other detention facility.
8.
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.
9.
Any other reasonable cost as may be otherwise provided by ordinance
and permitted under the laws of the State of Missouri, including,
but not limited to, costs of confinement, including any necessary
transportation related thereto, medical costs incurred by the City,
while a defendant is in City custody, and costs related to the arrest
and testing of any person for any intoxication-related traffic offense
as set out in this Section hereof.
10.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Willard involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost
of making the arrest, including the cost of any chemical test made
as authorized or required by law or ordinance 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 Chief of Police may establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
11.
Surcharge on each Court proceeding filed.
[Ord. No. 141015A §§1 — 4, 10-15-2014]
a.
It is hereby established that the Clerk for the Municipal Court
shall collect an additional surcharge of ten dollars ($10.00) on each
Court proceeding filed in Municipal Court.
b.
Said surcharge will not be collected in a proceeding when the
defendant's case has been dismissed by the Court or where costs are
to be paid by the City of Willard.
c.
Funds received from said surcharge shall be used to only pay
costs associated with the following:
d.
Monies exceeding the need as noted in Subsection (A)(11)(c), above, shall be transferred quarterly to the General Revenue Fund for the City of Willard.
[Ord. No. 081222D §2, 12-22-2008; Ord. No. 130812 §2, 8-12-2013]
In addition to any costs 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 any 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 Traffic 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 by 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.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
