[R.O. 2006 §130.060; CC 1985 §9-26; Ord. No. 88.21 §1, 12-1-1988; Ord. No. 94.01 §1, 1-6-1994]
A. The
Mayor, with the advice and consent of the Board of Aldermen, shall
appoint a suitable person as Municipal Judge who shall hold office
at the pleasure of the Board of Aldermen and until a successor is
appointed and qualified.
B. Appointments
shall be for a term of two (2) years commencing July first (1st) of
each even-numbered year.
C. Appointments
to complete a portion of a term shall be for the remainder of the
original term and an additional two (2) year period.
[R.O. 2006 §130.070; CC 1985 §9-27; Ord. No. 94.01 §§2 — 4, 1-6-1994]
A. The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1. He/she shall be a licensed attorney, qualified to practice law within
the State, this does not apply to a person holding office on the adoption
date of this Code;
2. He/she must be a resident of the State;
3. He/she must be at least twenty-one (21) years of age and may not
serve after reaching his/her seventy-fifth (75th) birthday; and
4. He/she may not hold any other office within the City Government.
[Ord. No. 18.46, 9-20-2018]
A. The Mayor, with the advice and consent of the Board of Aldermen,
shall appoint a suitable person as Municipal Judge Pro Tem, who shall
hold office at the pleasure of the Board of Aldermen and until a successor
is appointed and qualified. Such individual shall have and hold all
the qualifications as the duly appointed Municipal Judge for the Osage
Beach Municipal Division.
B. The Municipal Judge Pro Tem shall serve only upon the request of
the Municipal Judge or the Presiding Judge of the 26th Judicial Circuit
Court, in the event the Municipal Judge is unavailable or temporarily
unable to serve.
C. Appointments shall be for a term of two (2) years commencing July
1 of each even-numbered year.
D. Appointments to complete a portion of a term shall be for the remainder
of the original term and an additional two-year period.
[R.O. 2006 §130.080; Code 1975 §72.180; CC 1985
§9-28]
The compensation of the Municipal Judge and all other Municipal
Court personnel shall not be dependent in any way upon the number
of cases tried, the number of guilty verdicts reached or the amount
of fines imposed or collected.
[R.O. 2006 §130.090; CC 1985 §9-29; Ord. No. 94.01 §§5 — 6, 1-6-1994]
A. The
Municipal Judge shall vacate his/her office under the following circumstances:
1. Upon removal from office by the State Commission on Retirement, Removal
and Discipline of Judges, as provided in Supreme Court Rule No. 12;
or
2. Upon attaining his/her seventy-fifth (75th) birthday.
[R.O. 2006 §130.100; Code 1975 §72.050; CC 1985
§9-30]
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 proceeding therein and he/she shall keep such
other records as required. Such docket and records shall be records
of the Circuit Court. The Municipal Judge shall deliver said docket
and records 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. The Municipal Judge shall have the power to administer oaths
and enforce due obedience to all orders, rules and judgments made
by him/her, and may fine or imprison for contempt committed before
such Judge while holding Court, in the same manner and to the same
extent as a Circuit Judge.
[R.O. 2006 §130.110; Code 1975 §72.070; CC 1985
§9-31]
A. The
Municipal Judge shall cause to be prepared within the first (1st)
ten (10) days of each month, a report containing 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 costs, the names of the defendants committed and the
cases where there was an application for trial de novo, respectively.
The report shall be prepared under oath by the Municipal Court Clerk
or the Municipal Judge. The monthly report will be filed with the
City Clerk, who shall thereafter forward the same to the Board of
Aldermen and the City Attorney for examination at its first (1st)
session thereafter.
B. The
Municipal Court shall, within the ten (10) days after the first (1st)
of the month, pay to the City Treasurer the full amount of all fines
and costs collected during the preceding month, if they have not previously
been paid.