[CC 1975 §72.010; Ord. No. 90-15 §72.010, 5-15-1990]
There is hereby established in this City a Municipal Court to
be known as the "Carl Junction Municipal Court, a Division of the
Twenty-Ninth Judicial Circuit Court of the State of Missouri". This
Court is a continuation of the Municipal Court conducted by the Associate
Circuit Judge of the Twenty-Ninth Judicial Circuit of the State of
Missouri in the City of Carthage on behalf of the City of Carl Junction.
[CC 1975 §72.020; Ord. No. 90-15 §72.020, 5-15-1990]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[CC 1975 §72.030; Ord. No. 90-15 §72.030, 5-15-1990]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the Twenty-Ninth Judicial Circuit Court and he/she
shall be appointed to his/her position by the Mayor, subject to the
confirmation by a majority of the Board of Aldermen, for a term as
specified herein.
Each Municipal Judge shall be selected for a term of not less
than two (2) years.
[CC 1975 §72.050; Ord. No. 90-15 §72.050, 5-15-1990]
A.
The
Municipal Judge shall vacate his/her office under any of the following
circumstances:
[CC 1975 §72.060; Ord. No. 90-15 §72.060, 5-15-1990]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a resident of the State of Missouri.
2.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
3.
He/she may serve as Municipal Judge for any other municipality.
4.
He/she may not hold any other office within the City Government.
5.
The Municipal Judge shall be considered holding a part time position,
and as such may accept other employment and live outside the City
limits.
6.
He/she must be licensed to practice law in the State of Missouri.
[CC 1975 §72.070; Ord. No. 90-15 §72.070, 5-15-1990]
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 follow his/her
directives.
[CC 1975 §72.080; Ord. No. 90-15 §72.080, 5-15-1990]
The Municipal Judge shall cause to be prepared within the first
(1st) ten (10) days of every month a report. The report shall be prepared
under oath by the Municipal Court Clerk or the Municipal Judge. This
report will be filed with the City Clerk, who shall thereafter forward
the same to the Board of Aldermen of the City for examination at the
first (1st) session thereafter. The Municipal Court shall, within
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
month, if they have not previously been paid.
[CC 1975 §72.090; Ord. No. 90-15 §72.090, 5-15-1990]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket 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 Twenty-Ninth Judicial Circuit. The Municipal Judge
shall deliver docket and records of the Municipal Court, and all books
and papers pertaining to his/her office to the Presiding Judge of
Circuit Court upon demand.
[CC 1975 §72.100; Ord. No. 90-15 §72.100, 5-15-1990]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
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, RSMo., and cause to be posted a schedule of fines
for offenses qualified to be handled under this Section, plus Court
costs.
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.
Except where the penalty is specified to be non-commutable, commute
the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence and to impose 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
limiting 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 Statute.
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 ordinance of this City.
[CC 1975 §72.110; Ord. No. 90-15 §72.110, 5-15-1990]
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, any Police Officer or by the Sheriff any place
within the limits of Jasper 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.
[CC 1975 §72.120; Ord. No. 90-15 §72.120, 5-15-1990; Ord. No. 98-07, 3-3-1998]
The Chief of Police or any other Police Officer of the City
may arrest on view, and without a warrant, any person he/she sees
violating or who he/she has reasonable grounds to believe has violated
any law of this State, including a misdemeanor, or has violated any
ordinance over which such officer has jurisdiction.
[CC 1975 §72.130; Ord. No. 90-15 §72.130, 5-15-1990]
It shall be the duty of an attorney designated by the City of
Carl Junction to prosecute the violations of the City's ordinances.
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 1975 §72.140; Ord. No. 90-15 §72.140, 5-15-1990]
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 cases. 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 1975 §72.150; Ord. No. 90-15 §72.150, 5-15-1990]
If in the process of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to be put up for
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.
[CC 1975 §72.160; Ord. No. 90-15 §72.160, 5-15-1990]
Any person charged with the violation of an ordinance of the
City of Carl Junction shall be entitled to a trial by jury, and whenever
a defendant accused of a violation of a such ordinance demands trial
by jury, the Municipal Judge shall certify the case for assignment.
[CC 1975 §72.170; Ord. No. 90-15 §72.170, 5-15-1990]
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 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 by law to such Sheriff for the keeping of such
prisoner in his/her custody. The same shall be taxed as cost.
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:
1.
Restitution to the victim or any dependent of the victim, in an amount
to be determined by the judge.
2.
The performance of a designated amount of free work for a public
or charitable purpose, or purposes, as determined by the judge.
3.
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.
4.
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 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.
[CC 1975 §72.200; Ord. No. 90-15 §72.200, 5-15-1990]
In all cases in which 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 1975 §72.210; Ord. No. 90-15 §72.210, 5-15-1990]
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 1975 §72.220; Ord. No. 90-15 §72.220, 5-15-1990]
A Municipal Judge shall be disqualified to hear any case in
which he/she is 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 of disqualification in the same case. If a
Municipal Judge is disqualified or disqualifies himself/herself from
serving in a particular case, he/she shall promptly notify the Presiding
Judge of the Circuit Court of such disqualification.
If the 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 (2)
of 479.230, RSMo., or the Mayor may designate some competent, eligible
person to act as Municipal Judge until such absence or disqualification
shall cease.
[CC 1975 §72.240; Ord. No. 90-15 §72.240, 5-15-1990]
A.
The
duties of the Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be prescribed,
and the Court costs thereof, and maintain such records as required.
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 Traffic Violations Bureau cases or as directed
by the Municipal Judge; generally, act as Violation Clerk of the Traffic
Violations Bureau.
6.
Report to the Director of Revenue, State of Missouri, the names,
addresses and the driver's license number with the name of the State
issuing same of all persons who have pleaded guilty to or have had
a final judgment rendered on a moving traffic violation(s).
7.
Perform all other duties as provided for by ordinance, by rules of
practice and procedure adopted by Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
8.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City which shall constitute prima facie evidence
of such ordinances before the Court.
[CC 1975 §72.250; Ord. No. 90-15 §72.250, 5-15-1990; Ord. No. 97-21 §§A — C, 12-2-1997; Ord. No. 01-38 §1, 10-2-2001; Ord. No. 06-35 §1, 8-15-2006; Ord. No. 13-53 §1, 9-3-2013; Ord.
No. 20-13, 5-5-2020; Ord. No. 21-24, 7-27-2021]
A.
In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the City of Carl Junction Municipal Division
of the 29th 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.
There shall also be assessed a cost of two dollars ($2.00) per
case for each criminal case and each County or municipal ordinance
violation case for the purpose of providing operating expenses for
shelters for battered persons as set out in Section 488.607, RSMo.
5.
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.
6.
Actual costs assessed against the City by the County Sheriff
for apprehension or confinement in the County Jail.
7.
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.
8.
Any other reasonable cost as may be otherwise provided by ordinance, 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 Subsection (A)(9) hereof.
9.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.010 or 342.020 of this Code or any ordinance of the City of Carl Junction 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 shall 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.
d.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies within
such fund shall be appropriated by the Board of Aldermen to the Police
Department in amounts equal to those costs so collected and shall
be used by such department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
10.
Work/construction zone. Any person who is convicted
or pleads guilty to a speeding violation or passing/overtaking a vehicle
in a work/construction zone when there was any person present performing
duties in the work/construction zone and appropriate signs were posted
stating "Warning: $250 fine for speeding or passing in this work zone"
shall be assessed a fine of two hundred fifty dollars ($250.00) in
addition to any other fine assessed; except that any person assessed
the fine of two hundred fifty dollars ($250.00) shall not also be
assessed the fine of thirty-five dollars ($35.00) for any of the following
offenses in a construction or work zone: any moving violation or violation
of speeding, leaving the scene, careless and imprudent driving, operating
without a valid license, operating with a suspended or revoked license,
obtaining a license by misrepresentation, driving while intoxicated,
under the influence or BAC, any felony offense involving the use of
a vehicle, or failure to maintain financial responsibility.
11.
In addition to the other costs authorized in this Section, there
shall be assessed a State court automation surcharge of seven dollars
($7.00) in all cases in which court costs are taxed. Said surcharge
shall be collected by the Municipal Court and transmitted monthly
to the Missouri Director of Revenue to the credit of the Missouri
Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo.,
and Section 488.027.2, RSMo.
[1]
State Law Reference: See Sections 302.137, 304.027, 304.580,
488.5332, 488.5334, 488.5336, 488.607 and 595.045, RSMo.
[CC 1975 §72.260; Ord. No. 90-15 §72.260, 5-15-1990]
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 commenced
without probable cause and from malicious motives.
[Ord. No. 93-01, 1-5-1993]
The Municipal Court is authorized to collect one dollar ($1.00)
as additional Court costs, to be used for domestic violence shelter
in accordance with the laws of the State of Missouri.
[Ord. No. 06-01 §1, 1-3-2006; Ord. No. 12-34 §1, 9-4-2012]
The costs of any action and fines shall be payable in cash or
negotiable instrument; provided however, payment of Court costs and
fines may also be made with a credit or debit card or an approved
on-line, payment system; and provided further, that four dollars ($4.00)
shall be collected, either by the Court or the provider of the credit,
debit or on-line payment system, to offset costs for accepting such
payments by means other than by cash or negotiable instrument.
[CC 1975 §72.265; Ord. No. 90-15 §72.265, 5-15-1990]
A.
Any
person appearing before the Municipal Court in the City of Carl Junction,
Missouri, which is a Division of the Circuit Court of Jasper County,
Missouri, shall be subject to punishment for contempt of court for
any of the following acts constituting contempt:
1.
Disorderly or insolent behavior committed during its session in its
immediate view and presently and directly tending to interrupt its
proceedings, to impair the respect due its authority;
2.
Any breach of peace, noise, or other disturbance directly tending
to interrupt its proceedings;
3.
Willful disobedience or resistance of any process or order lawfully
issued or made by it; and
4.
Failure to appear or failure to satisfy Court judgment.
B.
Contempt
committed in the immediate view and presence of the Court may be punished
summarily; in other cases, the party charged shall be notified of
the accusation and have a reasonable time to make his/her defense.
C.
Punishment
for contempt of court shall be by a fine of up to five hundred dollars
($500.00) or imprisonment in the City or County Jail for up to ninety
(90) days, or by both fine and imprisonment plus costs.
[CC 1975 §72.270; Ord. No. 90-15 §72.270, 5-15-1990]
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.
[CC 1975 §72.280; Ord. No. 90-15 §72.280, 5-15-1990]
All persons who have been convicted and sentenced by the Court
having jurisdiction, for violation of an ordinance of the City of
Carl Junction, whether the punishment be by fine or imprisonment or
by both, may to be put to work and perform labor on the public streets
or other public works or buildings of the City of Carl Junction, for
such purposes as the City may deem necessary and the Police Chief
of the City of Carl Junction shall have the power and be authorized
and required to have or cause all such prisoners as may be directed
by the Mayor to work out the full number of days for which they may
have been sentenced, at working upon such public streets or other
public works or buildings of the City as may have been designated.
And if the punishment is by fine, and the fine be not paid, then for
every ten dollars ($10.00) of such judgment the prisoner shall work
one (1) day. And it shall be deemed a part of the judgment and sentence
of Court that such prisoner may be worked as herein provided.
