[R.O. 2009 §15-1; Code 1969 §23-7]
The Municipal Judge shall direct the Clerk of the Court or Deputy
Court Clerk, following the holding of each Court, to make a list of
all cases heard or tried before him/her during the preceding Court
date, giving in each case the name of the defendant, the fine imposed,
if any, the amount of costs, the names of the defendants committed
and the cases appealed, respectively. These lists shall be given to
the City Clerk/Administrator by the Deputy Court Clerk. The City Clerk/Administrator
shall lay such reports and lists before the Board of Aldermen upon
their request thereafter.
[1]
State Law Reference — Duty of municipal judge to keep
records, §479.070, RSMo.
[R.O. 2009 §15-2; Code 1969 §§23-10, 23-11]
A.
The
service of warrants and summons within the County, issued by the Municipal
Judge, shall be distributed as completely and evenly as practicable
among the Police Officers in the City in which the warrant must be
served. The City shall recoup the costs associated with the issuance
and service of a warrant. The Judge shall set the fee from time to
time. The fee for the warrant is to be collected by the City at the
time of the payment of fines by the subject arrested. When paid, it
is to be paid into the general funds of the City.
B.
If
warrants issued by the Municipal Judge within the State but outside
the County, then the costs taxed for the service of such warrant shall,
when paid, be delivered and paid into the general funds of the City.
[1]
State Law Reference — Service of warrants, §479.100,
RSMo.
[Ord. No. 4869, 2-19-2019]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Brentwood Municipal Division of the 21st 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 Surcharge. A surcharge of three dollars ($3.00)
is hereby established and assessed as additional court costs in each
proceeding in the Municipal Court; provided, that no surcharge shall
be collected when the proceeding against the defendant has been dismissed.
a.
Two dollars ($2.00) of each such surcharge 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 surcharge 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; 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 may also be assessed a cost of up to four dollars ($4.00) per
case for the purpose of funding operating expenses for shelters for
battered persons in accordance with Section 488.607, RSMo.
5.
Statewide Court Automation Fund. An additional surcharge in the amount
of seven dollars ($7.00) for the Statewide Court Automation Fund shall
be assessed, provided that no such fee shall be collected in any case
that has been dismissed by the Court. All sums collected pursuant
to this Subsection shall be paid to the State Director of Revenue
to the credit of the Statewide Court Automation Fund in accordance
with Sections 476.056, 488.012 and 488.027, RSMo.
6.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilt of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Brentwood 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.
7.
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.
B.
Judicial
Education Fund. The Municipal Court may establish a Judicial Education
Fund and an appointed counsel fund, each in separate accounts under
the control of the Municipal Court and may retain one dollar ($1.00)
of the fees collected on each case before the Municipal Court in which
Court costs are assessed. The fees collected shall be allocated between
the two (2) funds as determined by the Court.
1.
The continuing education and certification required of the Municipal
Judges by law or Supreme Court Rule; and
2.
Judicial education and training for the Court Administrator and Clerks
of the Municipal Court.
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The Appointed Counsel Fund shall be used only to pay the reasonable
fees approved by the Court for the appointment of an attorney to represent
any defendant found by the Judge to be indigent and unable to pay
for legal representation, and where the Supreme Court Rules or the
law prescribes such appointment.
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Provided, further, that no Municipal Court shall retain more
than one thousand five hundred dollars ($1,500.00) in the Judicial
Education Fund for each Judge, Administrator or Clerk of the Municipal
Court and no more than five thousand dollars ($5,000.00) in the Appointed
Counsel Fund. Any excess funds shall be transmitted quarterly to the
general revenue fund of the County or Municipal Treasury.
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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.
