[R.O. 2011 § 135.030; R.O. 2009
§ 37.15; CC 1981 §§ 19-3, 19-6; Ord. No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979; Ord. No. 23-023, 3-7-2023]
A. Judge — Selection. The Judge of the
Municipal Court shall be known as a Municipal Judge of the Eleventh
Judicial Circuit Court and shall be elected to his/her position by
the qualified voters of this City for a term as specified in this
Chapter.
B. Qualifications For Office. 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.
2.
He/she must reside within the City.
3.
He/she must be a resident of the
State.
4.
He/she must be between the ages of
twenty-one (21) and seventy-five (75) years.
5.
He/she may not hold any other office
within the City Government.
6.
The Municipal Judge shall be considered
holding a part-time position and as such may accept other employment.
[R.O. 2011 § 135.040; R.O. 2009
§ 37.16; CC 1981 §§ 19-4 — 19-5; Ord. No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
A. Term Of Office. A person elected to the
office of Municipal Judge shall hold his/her office for a period of
four (4) years and until his/her successor is duly elected and qualified.
Such election under the Eleventh Judicial Circuit Court of the State
shall first be held on the first Tuesday after the first Monday of
April, 1979, and every fourth year thereafter. If for any reason the
Municipal Judge vacates his/her office, his/her successor shall complete
that term of office, even if the same be for a term less than four
(4) years.
B. Vacation Of Office. 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 seventy-fifth
(75th) birthday; or
3.
If he/she should lose his/her license
to practice law within the State.
[R.O. 2011 § 135.050; R.O. 2009
§ 37.17; CC 1981 § 19-7; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
A. The Municipal Judge shall be and is authorized
to:
1.
Establish a Violations Bureau as
provided for in the Missouri Rules of Practice and Procedure in Municipal
and Traffic Courts and Section 479.050, RSMo.
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.
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.
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 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.
5.
The Municipal Judge of the Municipal
Court is authorized to appoint an attorney to represent an indigent
defendant in Municipal Court when the Municipal Judge finds that the
City Attorney has informed the Municipal Judge that he/she will recommend
a jail sentence if the defendant is found guilty and if the defendant
is found to be without sufficient funds or property with which to
retain an attorney. The appointed attorney shall be entitled to compensation
for his/her services in an amount not exceeding the sum of two hundred
fifty dollars ($250.00). Such amount shall be determined by the Municipal
Judge upon proof presented by the attorney of his/her services rendered.
6.
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 of Ordinances or any other ordinance
of the City.
[R.O. 2011 § 135.060; R.O. 2009
§ 37.18; CC 1981 § 19-8; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
The Municipal Judge shall cause to
be prepared within the first 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 City Council for examination at its first
session thereafter. The Municipal Court shall, within ten (10) days
after the first of the month, pay to the City Collector the full amount
of all fines collected during the preceding month, if they have not
previously been paid.
[R.O. 2011 § 135.070; R.O. 2009
§ 37.19; CC 1981 § 19-9; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
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 of the 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.
[R.O. 2011 § 135.080]
If a Municipal Judge be absent, sick
or disqualified from acting pursuant to the general administrative
authority of the Presiding Judge of the Circuit Court over the Municipal
Divisions within the circuit contained in Section 478.240, RSMo.,
a special Municipal Judge may be designated in accordance with the
provisions of Section 479.230, RSMo., until such absence or disqualification
shall cease.
[R.O. 2011 § 135.085; Ord. No. 15-128, 6-5-2015]
The compensation of the Special Municipal
Judge shall be two hundred dollars ($200.00) per hour.