City of Brentwood, MO Article III Clerk of Court

Section 125.300 Position Created — Designation. [1]

[R.O. 2009 §15-31; Code 1969 §23-17]

There is hereby created the position of Clerk of the Municipal Court for the City. The Clerk of the Municipal Court shall be designated by the Municipal Judge.

[1] State Law Reference — Municipal clerk generally, §479.060, RSMo.

Section 125.310 Duties.

[R.O. 2009 §15-32; Code 1969 §23-18]

A. The duties of the Clerk of the Municipal Court and any Deputy Clerk serving under him/her shall be to:

1. Prepare, under the supervision of the City Attorney, complaints under this Code or other City ordinances, trial dockets, all necessary appeal and recognizance forms, transcripts of records and any and all other forms necessary in any action pending in the Municipal Court;

2. Maintain permanent files and records of the Municipal Court proceedings and have the care and custody of same;

3. Prepare, under the supervision of the Municipal Judge, all reports required of the Municipal Judge or of the Municipal Court by State Statutes, this Code or other City ordinances;

4. Keep complete records regarding fines, penalties, costs and any other charges arising out of any action in the Municipal Court;

5. Assist the Chief of Police in the preparation of any reports or records required of the Marshal in connection with the operation of the Municipal Court;

6. Tax all costs, make out all bills and executions and make out and issue all processes of the Municipal Court;

7. Keep an appeal docket in which shall be recorded the proceedings in any Municipal Court case appealed to the Circuit Court;

8. Fulfill such other duties as may be assigned to him/her by the Mayor or Board of Aldermen.

Section 125.320 Fines — Disposition.

[R.O. 2009 §15-33; Code 1969 §23-13(d)(1)]

The Deputy Court Clerk shall collect all fines paid in conformity with any judgment of the Municipal Court and, immediately following each Court session held, shall pay into the City Treasury the full amount of all fines collected during the preceding Court session. The Deputy Court Clerk shall take duplicate receipts for all such money paid in, one (1) of which shall be filed with the City Clerk/Administrator.

Section 125.330 Powers.

[R.O. 2009 §15-34; Code 1969 §23-19]

A. The Clerk of the Municipal Court and any Deputy Clerk serving under him/her shall be and is hereby authorized to:

1. Take oaths and affirmations;

2. Accept and sign complaints signed and sworn to or affirmed before him/her;

3. Sign and issue warrants;

4. Sign and issue commitments to the holding facility;

5. Sign and issue subpoenas requiring the attendance of a witness and sign and issue subpoenas duces tecum;

6. Fix the amount of bail and admit to bail;

7. 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 Violations Clerk of the Traffic Violations Bureau;

8. Perform such other duties as provided for by ordinance, by rules of practice and procedure adopted by the Municipal Judge and as provided for by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.