[CC 1984 §72.010]
There is hereby established in this City a Municipal Court to
be known as the "Seneca Municipal Court, a Division of the 40th Judicial
Circuit of the State of Missouri". This Court is a continuation of
the Police Court of the City as previously established, and is termed
herein "the Municipal Court".
[CC 1984 §72.020]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[CC 1984 §72.030; Ord. No. 2013-02, 2-25-2013]
The Mayor, with the advice and consent of the Board of Aldermen,
at the first (1st) meeting after each annual City election shall appoint
a suitable person as the Municipal Judge of the 40th Judicial Circuit
— City of Seneca, and such person shall hold office for one
(1) year, unless sooner removed from office as set forth herein, and
until his/her successor is appointed and qualified.
[CC 1984 §72.040; Ord. No. 2013-02, 2-25-2013]
The Municipal Judge shall hold his/her office for a period of one (1) year and shall take office immediately after appointment as set forth in Section 145.030 of this Code. The term of the current Judge, elected on April 3, 2012, shall terminate on April 2, 2013.
[CC 1984 §72.050; Ord. No. 2013-02, 2-25-2013]
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 Missouri Supreme
Court Rule 12.
2.
Upon attaining his/her seventieth (70th) birthday.
3.
Should he/she fail, within six (6) months of his/her selection, to
satisfactorily complete a course of instruction for Municipal Judge
as prescribed by the State Supreme Court.
[CC 1984 §72.060; Ord. No. 2013-02, 2-25-2013]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy (70)
years.
5.
He/she may serve as Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time position
and as such accept other employment (within the requirements of the
Code of Judicial Conduct, Missouri Supreme Court Rule 2).
[CC 1984 §72.070]
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 obey his/her
directives.
[CC 1984 §72.080]
The Municipal Judge shall cause to be prepared within the first
(1st) ten (10) days of every month a report indicating the following:
A list of all cases heard and tried before the Court during the preceding
month, giving in each case the name of the defendant, the fine imposed,
if any, the amount of cost, the names of the defendants committed
and in the cases where there was an application for trial de novo,
respectively. The same 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 its 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 1984 §72.090]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in 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 Circuit Court in Newton County. The Municipal Judge
shall deliver the docket and records of the Municipal Court, and all
books and papers pertaining to his/her office to his/her successor
in office or to the Presiding Judge of the Circuit Court.
[CC 1984 §72.100]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
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.
2.
If the trial of any defendant shall be postponed for good cause,
the Municipal Judge may require the defendant to enter into a recognizance,
with sufficient security conditioned that he/she will appear before
the Judge at the time and place appointed, then and there to answer
the complaint alleged against him/her; and if the defendant fails
or refuses to enter into such recognizance he/she may be committed
to jail and answer the complaint as aforesaid.
3.
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at a trial, and
to enforce their attendance by attachment, if need be.
4.
If, after the complaint is made and filed, the defendant fails to
appear to answer the charge, the Judge may issue a warrant for his/her
arrest. The warrant shall be directed to the Chief of Police, the
Sheriff of Newton County or other Law Enforcement Officer empowered
to serve such warrants.
5.
If the defendant pleads, or be found guilty, the Judge shall declare
and assess punishment described by ordinance according to his/her
finding, or the verdict of the jury, and enter judgment accordingly,
together with the costs of the action.
6.
The Municipal Judge may 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.
7.
The Municipal Judge may 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.
8.
The Municipal Judge shall 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 limited to 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 Statutes.
9.
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 1984 §72.110; Ord. No. 1995-3 §72.110, 3-13-1995]
Should the Municipal Judge determine that there shall be a Traffic
Violations Bureau, the City shall provide all expenses incident to
the operation of the same. The Court Clerk is hereby designated as
the Traffic Violations Clerk for said Bureau, if established.
[CC 1984 §72.120]
All warrants issued by a Municipal Judge shall be directed to
the City Marshal, 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 Marshal, Chief of Police, Police Officer or Sheriff
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.
[CC 1984 §72.130]
The City Marshal, Chief of Police or other Police Officer of
the City shall, without a warrant make arrest of any person who commits
an offense in his/her presence, but such officer shall before the
trial file a written complaint with the Judge hearing violations of
municipal ordinances.
Whenever a defendant accused of a violation of a municipal ordinance
has a right to a trial by jury and demands such trial by jury the
Municipal Judge shall certify the case for assignment.
[CC 1984 §72.150]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation for such attorney shall not be contingent upon the
result in any case.
[CC 1984 §72.160]
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 the case. 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 1984 §72.170]
If in the progress of any trial before a 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 Judge, within the
County.
[CC 1984 §72.180]
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 the 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 to such Sheriff for the keeping of such prisoner
in his/her custody. The same shall be taxed as cost.
A.
In
any case tried before a Municipal Judge who is not licensed to practice
law in this State, the defendant shall have a right to trial de novo,
even from a plea of guilty, before a Circuit Judge or an Associate
Circuit Judge.
B.
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 1984 §72.220]
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 1984 §72.230]
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 or disqualification in the same case.
[Ord. No. 2013-02, 2-25-2013]
A.
If
a Municipal Judge be absent, sick or disqualified from acting, the
Mayor, with the advice and consent of the Board of Aldermen, may designate
some competent, eligible person to act as Municipal Judge until such
absence or disqualification shall cease.
B.
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.
A.
A person
commits the offense of failure to appear in Municipal Court if:
1.
He/she has been issued a summons for a violation of any ordinance
of the City of Seneca, and fails to appear before the Judge of the
Municipal Court at the time and on the date on which he/she was summoned,
or at the time or on the date to which the case was continued;
2.
He/she has been released upon recognition of bond and fails to appear
before the Judge of the Municipal Court at the time and on the date
on which he/she was summoned, or at the time or on the date to which
the case was continued; or
3.
He/she has been placed on Court supervised probation, and fails to
appear before the Judge of the Municipal Court at the time specified
by said Judge as a condition of the probation.
B.
Nothing
in this Section shall prevent the exercise of the Municipal Court
of its power to punish for contempt.
[CC 1984 §72.250; Ord. No. 1995-3 §72.250, 3-13-1995]
A.
The
duties of said Municipal Clerk shall be as follows:
1.
To collect fines for violations of such offenses as be prescribed,
and the Court costs thereof.
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.
Perform all other duties as provided for by ordinance, by rules of
practice and procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
7.
Maintain, properly certified by the Clerk, a complete copy of the
ordinances of the City which shall constitute prima facie evidence
of such ordinance before the Court. Further, to maintain a similar
certified copy on file with the Clerk serving the Circuit Court of
this County.
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Seneca Municipal Division, 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. In addition to any other costs or fees, an additional sum of three dollars ($3.00) shall be assessed as costs to be added to the basic costs in Subsection (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 distributed as follows:
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the Village and used to pay for Police
Officer training as provided by Sections 590.100 to 590.180, RSMo.
The Village 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 Village. Any excess funds shall be transmitted quarterly to the
Village'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.
An additional sum of five dollars ($5.00) shall be assessed and added to the basic costs in Subsection (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.
An additional sum of fifty cents ($0.50) shall be assessed and added
in each case in which a defendant pleads guilty, or is found guilty,
for violation of any ordinance. All sums collected pursuant to this
Subsection shall be distributed on a monthly basis to the Director
of Revenue of the State of Missouri to be placed to the credit of
the Independent Living Center Fund established by Section 178.653,
RSMo.
5.
Motorcycle Safety Trust Fund.
a.
Any person who violates a Missouri law or a municipal or County ordinance
as an operator of a motorcycle or motortricycle shall be assessed
additional Court costs of five dollars ($5.00). Any motor vehicle
operator who violates a State law or municipal or County ordinance
where the violation involves a motorcycle or motortricycle or where
the operator causes an accident involving a motorcycle or motortricycle
shall be assessed additional Court costs of five dollars ($5.00).
b.
Each Court cost assessed under this Section shall be doubled if the
operator at fault violated any State law or local ordinance relating
to the consumption of alcohol.
c.
The Court costs collected under this Section by the Clerk of the
Court shall be paid into the State Treasury to the credit of the Motorcycle
Safety Trust Fund created in Section 302.137, RSMo.
6.
There may also be assessed a one dollar ($1.00) cost for the purpose
of providing operating expenses for shelters for battered persons
as set out in Section 479.261, RSMo.
7.
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.
8.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
9.
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.
10.
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 (11) hereof.
11.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty for a first offense of violating
the provisions of an ordinance of the City of Seneca, 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 Section,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies with
such fund shall be appropriated by the Board of Trustees 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.
12.
Additional court costs. The Municipal Judge for
the Municipal Division for the City of Seneca, is hereby empowered
to assess as additional Court costs the amount of twenty dollars ($20.00)
against any person charged with a municipal ordinance violation who
fails to appear, thus resulting in the issuance of a letter ordering
said defendant to appear at a subsequent Court date.
[CC 1984 §72.290]
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.
A.
The
Court may place a person on probation for a specific period upon conviction
of any offense or upon suspending imposition of sentence if, having
regard to the nature and circumstances of the offense and to the history
and character of the defendant, the Court is of the opinion that:
[Ord. No. 1993-12 §13.050, 10-25-1993]
Unless terminated as provided in Section 145.310 of this Chapter, probation shall remain conditional and be subject to revocation during a term of not less than ninety (90) days and not to exceed two (2) years. A specific term of probation shall be designated at the time of sentencing or at the time of suspension of imposition of sentence.
[Ord. No. 1993-12 §13.060, 10-25-1993]
A.
The
conditions of probation shall be such as the court in its discretion
deems reasonably necessary to ensure that the defendant will not again
violate the law. When a defendant 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 such conditions as the court believes
will serve as to compensate the victim, any dependent of the victim,
or society. Such conditions may include, but shall 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.
The assessment of detention so long as such jail time is within the
range of punishment authorized by ordinance or law for the offense
charged.
4.
The assessment of a shock fine so long as such fine is within the
range of punishment authorized by ordinance or law for the offense
charged.
C.
The
defendant 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 defendant or any person deriving
a cause of action from him/her if such cause of action arises from
such supervision of performance, except for an intentional tort or
gross negligence. The services performed by the defendant shall not
be deemed employment within the meaning of the provisions of Chapter
288, RSMo.
D.
The
court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
E.
The
court may suspend either the imposition or execution of sentence as
a condition of probation.
[Ord. No. 1993-12 §13.070, 10-25-1993]
When probation is granted, the court, may require as a condition
of probation, that the defendant submit to a period of detention in
an appropriate institution at whatever time intervals within the period
of probation, consecutive or non-consecutive, the court shall designate,
with such period of time not to exceed ninety (90) days. This period
of detention shall be known as "shock jail time".
[Ord. No. 1993-12 §13.080, 10-25-1993]
A.
A term
of probation commences on the day it is imposed. Multiple terms of
probation, whether imposed at the same or at different time, shall
run concurrently. The court may terminate a period of probation and
discharge the defendant at any time before completion of the specific
term fixed herein if warranted by the conduct of the defendant and
the ends of justice. The court may extend the term of the probation,
but no more than one (1) extension of any probation may be ordered.
B.
If
the defendant violates a condition of probation at any time prior
to the expiration or termination of the probation term, the court
may continue him/her on the existing conditions, with or without modifying
or enlarging the conditions or extending the term, or, if such continuation,
modification, enlargement or extension is not appropriate, may revoke
probation and order that any sentence previously imposed be executed.
If imposition of sentence was suspended, the court may revoke probation
and impose any sentence available within this Code.
C.
Probation
shall not be revoked without giving the probationer notice and an
opportunity to be heard on the issues of whether he/she violated a
condition of probation and, if he/she did, whether revocation is warranted
under all of the circumstances.
D.
At
any time during the term of probation, the court may issue a notice
to the probationer to appear to answer a charge of a violation, and
the court may issue a warrant of arrest for the violation. Such notice
shall be personally served upon the probationer. The warrant shall
authorize and return the probationer to the custody of the court or
to any suitable detention facility designated by the court.
E.
The
power of the court to revoke probation shall extend for the duration
of the term of probation designated by the court and for any further
period which is reasonably necessary for the adjudication of matters
arising before its expiration, provided that some affirmative manifestation
of an intent to conduct a revocation hearing occurs prior to the expiration
of the period and that every reasonable effort is made to notify the
probationer and to conduct the hearing prior to the expiration of
the period.
