[CC 1983 §18-1; Ord. No. 577 §1, 1-8-1979]
There is hereby established in this City a Municipal Court to
be known as the "Caruthersville Municipal Court, a Division
of the Thirty-Fourth Judicial Circuit Court 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 1983 §18-2; Ord. No. 577 §2, 1-8-1979]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[CC 1983 §18-3; Ord. No. 577 §6, 1-8-1979]
The Municipal Court 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 County Circuit Court.
[CC 1983 §18-4; Ord. No. 577 §7, 1-8-1979]
A.
The
Municipal Judge shall cause to be prepared within the first ten (10)
days of every month a report indicating 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 costs,
the names of the defendants committed to jail and the cases where
there was an application for a trial de novo respectively.
B.
The
report shall be prepared, under oath, by the Municipal Court Clerk
or the Municipal Judge.
C.
The
report shall be filed with the City Clerk who shall thereafter forward
the same to the City Council for examination at its first session
thereafter. All reports and records shall remain on file and shall
be subject to inspection by the Presiding Judge of the County Circuit
Court.
[CC 1983 §18-5; Ord. No. 577 §10, 1-8-1979]
All warrants issued by a Municipal Judge shall be directed to
the City Marshal 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 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 under the laws of the State.
[CC 1983 §18-6; Ord. No. 577 §11, 1-8-1979]
The City Marshal or other Police Officer of the City may, 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.
[CC 1983 §18-7; Ord. No. 577 §12, 1-8-1979]
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury, as in prosecutions
for misdemeanors before an Associate Circuit Judge.
[CC 1983 §18-8; Ord. No. 577 §13, 1-8-1979]
It shall be the duty of the City Attorney to prosecute the violations
of the City's ordinance 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 of such attorney shall
not be contingent upon the result of any case.
[CC 1983 §18-9; Ord. No. 577 §15, 1-8-1979]
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 1983 §18-10; Ord. No. 577 §16, 1-8-1979]
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 1983 §18-11; Ord. No. 577 §17, 1-8-1979]
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 prisoners
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; and
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.
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.
C.
In
any case tried with a jury before an Associate Circuit Judge a record
shall be made and appeals may be had upon that record to the appropriate
appellate court.
D.
The
supreme court may provide by rule what record shall be kept and may
provide that it be a stenographic record or one made by the utilization
of electronic, magnetic, or mechanical sound or video recording devices.
[CC 1983 §18-14; Ord. No. 577 §20, 1-8-1979]
In all cases in which a 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 1983 §18-15; Ord. No. 577 §21, 1-8-1979]
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 1983 §18-16; Ord. No. 577 §22, 1-8-1979]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in 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 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. 2012-03 §4, 3-19-2012; Ord. No. 2012-07 §3, 9-17-2012]
A.
If the Municipal Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court, the Mayor may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or in cases of circumstances making it impossible to reach the Presiding Judge of the Circuit Court in a timely manner, the Mayor may designate some competent, eligible person to act as Municipal Court Judge until the Presiding Judge of the Circuit Court can designate a special Municipal Judge as provided for under Subsection (B) of this Section.
B.
The
Presiding Judge of the Circuit Court may appoint the Associate Municipal
Judge or any other Municipal Judge within the Circuit to act as a
special interim Municipal Judge in the event the Municipal Judge is
absent, sick or disqualified from acting.
C.
The
City Council shall provide by ordinance for the compensation of any
person designated to act as Municipal Judge under the provisions of
this Section.
[CC 1983 §18-18; Ord. No. 577 §24, 1-8-1979]
A.
There
shall be a Municipal Division Clerk and such additional clerical staff
as is necessary to aid the Municipal Division Clerk. The Municipal
Division Clerk under the supervision of the Municipal Judge and with
the aid of other clerical personnel, shall have the following duties:
1.
The duties provided for municipal divisions by Subsection (1) of
Section 479.060, RSMo.
2.
To collect such fines for such violations of such offenses as may
be described and the court costs thereof.
3.
To take oaths and affirmations.
4.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her.
5.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
6.
To accept the appearance, waiver of trial and pleas of guilty and
payment of fine and costs in the Traffic Violations Bureau or as directed
by the Municipal Judge, generally act as Violation Clerk of the Traffic
Violations Bureau.
7.
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 in Municipal and Traffic Courts and by statute.
[CC 1983 §18-19; Ord. No. 577 §25, 1-8-1979]
The Municipal Court Clerk shall be paid a salary as established
by the Council from time to time.
[CC 1983 §18-20; Ord. No. 577 §27, 1-8-1979]
The Clerk of the Municipal Court shall be appointed by the Mayor
with the approval and consent of the City Council.
[CC 1983 §18-21; Ord. No. 577 §26, 1-8-1979; Ord. No. 611 §§2 — 5, 10-6-1980; Ord. No. 802 §§1 —
2, 12-2-1996; Ord. No.
2009-10 §2, 4-6-2009]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases, the following:
1.
Costs of court in the amount of twelve dollars ($12.00).
2.
Court costs to be used in the training of peace officers as set out
herein:
a.
In addition to any fine or other costs that may be imposed by the
Municipal Judge, there shall be assessed as costs in all cases, except
those for non-moving traffic violations, the sum of two dollars ($2.00)
for the training of Peace Officers. This fee shall be transmitted
monthly to the Treasurer of the City.
b.
An additional one dollar ($1.00) shall be assessed as costs in all
cases, except those for non-moving traffic violations. This fee shall
be deposited with the Treasurer of the State in the Peace Officer
Standards and Training Commission Fund, to be used statewide for the
training of Peace Officers.
3.
Other costs, such as for the issuance of a warrant, a commitment,
or a summons, as provided before Associate Circuit Judges in criminal
prosecutions.
4.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
5.
An additional sum of five dollars ($5.00) shall be assessed and added
in each case in which a defendant pleads guilty, or is found guilty,
for violation of any ordinance involving an intoxication-related traffic
offense. 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.
6.
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 Caruthersville, 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 City Council 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.
7.
State Court Automation Fund, seven dollars ($7.00).
B.
The
court costs in all cases shall not be suspended unless at the request
of the City.
C.
The
Marshal of the City shall collect all court costs as taxed and shall
safely keep such monies.
D.
At
the first (1st) meeting of the Council in each month, the Marshal
shall make a full and detailed report of such court costs collected
by him/her during the preceding month, stating when it was collected,
from whom, the amount, the balance remaining and from whom the same
is due.
E.
The
Marshal shall pay over to the City all court costs in accordance with
the provisions established in the ordinances for fines.
F.
A fund
is hereby established to be called, "Law Enforcement Training
Fund" and four dollars ($4.00) of all court costs taxed in
each case shall be deposited in such fund and in addition, in all
cases involving moving traffic violations, the additional two dollars
($2.00) court costs taxed shall be deposited in such fund. All monies
deposited in such fund shall be used for training City Police Officers
and may not be used for any other purpose.
[CC 1983 §18-22; Ord. No. 577 §28, 1-8-1979]
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 was commenced
without probable cause from malicious motives.
[CC 1983 §18-23; Ord. No. 577 §29, 1-8-1979]
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 the fine on an installment basis, under such terms
and conditions as he/she may deem appropriate.
[Ord. No. 766 §§1 —
5, 3-21-1994]
A.
There
is hereby authorized the creation, funding and use of a fund to be
known as the "Caruthersville Criminal Investigation Fund" to be used to provide for and accommodate all of the purposes and
considerations hereinafter set forth in this Section.
B.
Funding Of Fund. The funding of the account known as the "Caruthersville Criminal Investigation Fund" shall be by
payments required as a special condition of probation hereafter to
be afforded by the Municipal Judge in certain cases brought before
the Municipal Court in the discretion of the Municipal Judge of the
City of Caruthersville, Missouri.
C.
Use Of Fund. The authorized use of the monies hereafter
accumulated in said Fund shall be limited to the following purposes:
1.
Payment of expert witness fees;
2.
Payment of rewards;
3.
Payment for transcripts;
4.
Payment of fees and costs incurred in the laboratory analysis of
physical evidence;
5.
Payment of expenses incurred for special investigators and/or prosecutors
in connection with particular cases or classes of cases maintained
through the office of the City Prosecutor;
6.
Payment of expenses and costs incurred by victims, witnesses, investigative
officers and prosecutorial officials reasonably related to the investigation,
preparation, trial and disposition of cases wherein venue for the
prosecution of the offense or incident would lie within the City of
Caruthersville, Missouri.
D.
Maintenance Of Fund. The Fund herein created will be maintained
at an appropriate financial institution located within the City of
Caruthersville, Missouri, as may be agreed by a majority of the authorized
signatories for the account; and the account so created shall be maintained
upon a signature card bearing the signatures of the parties hereafter
named, and withdrawals from the account shall be authorized only upon
signatures affixed by no less than two (2) of the authorized signatories
who are:
E.
Collection, Interest And Accounting. All funds collected
shall be receipted through and by the Clerk of the Municipal Court
of the City of Caruthersville, Missouri; the account herein created
and into which said funds are deposited shall be an interest bearing
account and all interest received shall follow the account; and, an
accounting of this Fund shall be made annually to the City Council
of the City of Caruthersville, Missouri.
[CC 1983 §18-24; Ord. No. 624 §§1 — 2, 5-17-1982; Ord. No. 2008-16 §1, 10-6-2008]
[CC 1983 §18-36; Ord. No. 577 §3, 1-8-1979; Ord.
No. 2012-03 §2, 3-19-2012; Ord. No. 2012-07 §1, 9-17-2012]
A.
The
Judge of the City's Municipal Court shall be known as a Municipal
Judge of the Thirty-Fourth Judicial Circuit Court and shall be selected
as follows:
1.
Upon the completion of the term of office by the current elected
Municipal Judge, or upon a vacancy in such office, all subsequent
Municipal Judges shall be selected by appointment by the Mayor, with
the consent and approval of a majority of the members elected to the
City Council. Such appointments shall be made at the first (1st) regular
meeting of the City Council held in the month of May of each even-numbered
year. Any person so appointed shall hold office for a term of two
(2) years and until his/her successor has been duly appointed and
qualified.
2.
If a vacancy occurs in the office of Municipal Judge, the Mayor,
with the consent and approval of a majority of the members of the
City Council, shall appoint a qualified person to serve as Municipal
Judge for the remainder of the unexpired two (2) year term of office.
3.
The Mayor, with the consent and approval of a majority of the members elected to the City Council, is hereby authorized to appoint an Associate Municipal Judge of the Caruthersville Municipal Division of the Thirty-Fourth Judicial Circuit Court. Such Associate Municipal Judge shall be a Municipal Judge of the Thirty-Fourth Judicial Circuit Court and shall serve as the acting Municipal Judge for the City upon appointment by the Circuit Court Judge pursuant to Section 135.170 of this Code. Such Associate Municipal Judge shall serve for a term of two (2) years and until his/her successor has been duly appointed and qualified. Such Associate Municipal Judge shall be compensated in accordance with the salary schedule established by ordinance for compensation of the Municipal Judge during all periods the Associate Municipal Judge is actively serving as the Municipal Judge pursuant to an order of the Circuit Court. No salary shall be paid during any period the Associate Municipal Judge is not actively serving as Municipal Judge pursuant to order of the Circuit Court.
[CC 1983 §18-37; Ord. No. 577 §4, 1-8-1979]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
[CC 1983 §18-38; Ord. No. 577 §5, 1-8-1979; Ord.
No. 816 §1, 11-3-1997; Ord. No. 2012-03 §3, 3-19-2012; Ord. No. 2012-07 §2, 9-17-2012]
A.
The
Municipal Judge, and any person appointed as Associate Municipal Judge,
shall possess the following qualifications before he/she shall take
office or continue in office as the case may be:
1.
He/she must reside within the City;
2.
He/she must be a resident of the State;
3.
He/she shall be at least twenty-one (21) years of age;
4.
All Municipal Judges appointed subsequent to the Judge elected at
the municipal election on April 3, 2012 shall be licensed to practice
law in the State of Missouri;
5.
No person shall serve as Municipal Judge after that person has reached
that person's seventy-fifth (75th) birthday;
6.
He/she may not hold any other public office within the City Government;
7.
The Municipal Judges shall be considered holding a part-time position,
and as such, may accept other employment within the requirements of
the Code of Judicial Conduct, Missouri Supreme Court Rule 2.
[CC 1983 §18-39; Ord. No. 577 §8, 1-8-1979]
The Municipal Judge shall be a conservator of the peace.
[CC 1983 §18-40; Ord. No. 577 §8, 1-8-1979]
The Municipal Judge shall keep a docket in which he/she shall
enter every case commenced before him/her and the proceedings therein
and shall keep such other records as may be required by law. Such
docket and record shall be records of the Circuit Court of the County.
The Municipal Judge shall deliver the docket and the 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 County
Circuit Court.
[CC 1983 §18-41; Ord. No. 577 §9, 1-8-1979]
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.
Commute the term of any sentence, stay execution of any fine or sentence
or 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.
3.
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 determine matters pending before the Municipal Court and
to implement and carry out the provisions of the Missouri Rules of
Practice and Procedure in Municipal Traffic Courts.
4.
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 ordinances of this City.
[CC 1983 §18-42; Ord. No. 577 §14, 1-8-1979]
The salary of the Municipal Judge shall be as established by
the Council from time to time and such salary shall not be contingent
upon the results in any case.
