Charter reference — Municipal court, §4.01.
[Ord. No. 78-155 §1, 12-20-1978]
A.
Office Created. There shall be a Municipal Judge, selected
in accordance with this Chapter, who shall have original jurisdiction
to hear and determine all violations against the ordinances of the
City.
B.
Extent of Jurisdiction. The Municipal Judge may serve as
Municipal Judge in more than one municipality.
C.
Legal Requirements. No person shall serve as Municipal Judge
unless he be licensed to practice law in this State unless, prior
to January 2, 1979, he has served as Municipal Judge of this City
at least three (3) years.
D.
Residence Requirements. The Municipal Judge shall be a resident
of Missouri and resident and registered voter of the City.
E.
Relationship to County Court. The Judge selected under the
provisions of this Chapter shall be a Municipal Judge of the Circuit
Court and shall be a division of the St. Louis County Circuit Court.
The Judge of this Municipal Division shall be subject to the rules
of the Circuit Court which are not inconsistent with the rules of
the Supreme Court. The Presiding Judge of the Circuit shall have general
administrative authority over the Judge and court personnel of the
Municipal Division.
F.
Compensation. No Municipal Judge shall hold any other office
in the City. The compensation of the Municipal Judge and other 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.
G.
Age. The Municipal Judge shall be at least twenty-one (21)
years of age. No person shall serve as Municipal Judge after he has
reached his seventy-fifth (75th) birthday.
[Ord. No. 78-155 §1, 12-20-1978]
A.
The
Mayor shall notify in writing the Circuit Clerk of St. Louis County
that the City has made provision for a Municipal Judge before the
Municipal Judge hears and determines any case.
B.
The
Judge of the Municipal Court in office on January 1, 1979, shall serve
out the term which he is then serving as Municipal Judge of the Circuit
Court and until his successor has been duly elected and qualified.
At the last general municipal election during said term, and at the
general municipal election each two (2) years thereafter, the registered
voters of the City shall elect a Municipal Judge, who shall serve
for a term of two (2)years and until his successor is duly elected
and qualified. A Municipal Judge may serve successive terms.
C.
The
Municipal Judge shall receive an annual salary payable in monthly
installments. Any change in compensation shall not become effective
during the current term of office of the then Municipal Judge.
[Ord. No. 78-155 §1, 12-20-1978]
The Municipal Judge shall establish a Traffic Violations Bureau.
The Traffic Violations Bureau shall operate under the supervision
of the Circuit Court and the Municipal Judge and shall be operated
in accordance with the rules of the Supreme Court and the Rules of
the Circuit Court. All expenses incident to the operation of the Traffic
Violations Bureau, including salaries of clerical personnel, shall
be paid by the City. The City shall provide suitable quarters for
the Traffic Violations Bureau, and all fines and costs shall be paid
into the Municipal Treasury.
[1]
Cross Reference — Traffic and vehicles, Title III.
[Ord. No. 78-155 §1, 12-20-1978]
A.
Office of Municipal Division Clerk Established. There shall be a Clerk for the Municipal Division of Bridgeton, who shall be appointed by and may be removed by the Municipal Judge. The Clerk shall maintain complete records of each case filed in the Municipal Division and shall collect all fines assessed therein, account for same, and deliver same to the Municipal Treasury in accordance with Section 110.060. A warrant may be issued under the hand of the Clerk if the complaint or information is filed by the attorney for the City.
B.
Meetings of Municipal Division. The Municipal Division shall
hold Court in the City Hall. Regular sessions of the Division shall
convene on the first (1st) and third (3rd) Thursday and the second
(2nd) and fourth (4th) Tuesday of each month at 7:00 P.M. at the City
Hall; however, if such date is a legal holiday the session shall convene
on the date next following at the same place and hour.
C.
Salaries Paid by City. The salaries of the Judge and the
Clerk, and other expenses incidental to the operation of the Municipal
Division, shall be paid by the City. Salaries shall be set by ordinance.
The compensation of the Clerk shall not be predicated upon the amount
of fines levied or the number of guilty pleas or adjudications of
guilt in causes processed through the Municipal Division or Traffic
Violations Bureau which he serves.
D.
Marshals. The Chief of Police and his subordinates shall
serve as Marshal and Deputy Marshals of the Division and shall enforce
orders, judgments and decrees.
[Ord. No. 78-155 §1, 12-20-1978; Ord. No. 85-90 §1, 10-16-1985]
The Municipal Judge shall be a conservator of the peace. He
shall keep a docket in which he shall enter every case commenced before
him and the proceeding therein, and he shall keep such other records
as required. Such dockets 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 office to his 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, 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. The Municipal
Judge shall further be empowered to allow persons, at least eighteen
(18) years of age, convicted of violations of a City ordinance, to
perform voluntary work for the City in lieu of or in addition to any
punishment, subject to such terms and conditions as may be acceptable
to the City. No person shall be allowed to perform voluntary work
under the provisions of this Section unless he or she shall first
sign a release in the form provided by the City Attorney.
[1]
State Law Reference — For similar state law, see RSMo.
§479.070.
[Ord. No. 78-155 §1, 12-20-1978; Ord. No. 89-110 §1, 3-1-1990; Ord.
No. 94-50 §1, 7-20-1994]
A.
In the prosecution of violations of City ordinances before the Municipal Judge, all fines and costs shall be paid to and deposited not less frequently than monthly into the Municipal Treasury. The Municipal Treasurer shall keep and safeguard the funds and proceeds from the additional court cost fee in a separate account to be disbursed only in accordance with Sections 590.140.1 and 590.140.2, RSMo. and Section 3.06, Subsection (6), of the City Charter of the City of Bridgeton, Missouri.
B.
Until
modified or otherwise provided by Supreme Court administrative rule,
the Municipal Judge shall cause the Clerk serving his Division, within
the first ten (10) days of every month, to make out a list of all
the cases heard or tried before the Judge 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 defendants committed and the
cases in which there was an application for trial de novo respectively.
Such Clerk or the Judge shall verify such lists and statements by
affidavit and file the same forthwith with the City Clerk, who shall
lay the same before the Council at the first session thereafter. The
Municipal Division Clerk shall, within the ten (10) days aforesaid,
pay to the Municipal Treasurer the full amount of all fines collected
by him during the preceding month if not previously paid to the Municipal
Treasurer.
[Ord. No. 78-155 §1, 12-20-1978]
All prosecutions for the violation of City ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court rules governing practice
and procedure in proceedings before Municipal Judges.
[Ord. No. 78-155 §1, 12-20-1978]
All warrants issued by the Municipal Judge shall be directed
to the Chief of Police, or any other Police Officer of the City, or
to the Sheriff of St. Louis County. The warrants shall be executed
by the Chief of Police, Police Officer or St. Louis County Sheriff
at any place within the limits of St. Louis 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.
[Ord. No. 23-25, 6-21-2023]
A.
Search
Warrant Defined — Who May Issue, Execute.
1.
An "administrative search warrant" is a written order of the Municipal
Judge permitting the entry of City Police Officers, City Code Enforcement
Officers, or other appropriate and designated City employees on or
into private property, structure or improvement, to enforce the City's
housing, zoning, health and safety regulations when government entry
on or into such property is otherwise authorized by Missouri law.
A warrant may issue only in conformance with this Section and only
for the enforcement of the City's housing, zoning, health and safety
regulations, specifically:
2.
The Municipal Judge having jurisdiction to determine violations against
the ordinances of the municipality may issue an administrative warrant
when:
a.
The property to be entered is located within the City; and
c.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City and shall be executed by the Chief
of Police or said Police Officer in conjunction with the Code Enforcement
Officer or other appropriate and designated City employee within the
City limits and not elsewhere.
B.
Who
May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer, City Attorney, or City's
Prosecuting Attorney may make application to the Municipal Judge for
the issuance of an administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized:
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C) of this Section, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application; or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and/or abate
an ordinance violation and that due process has been afforded prior
to the entry or seizure.
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
4.
The application may be submitted by hand delivery, mail or facsimile
or other electronic means.
C.
Determination
Of Probable Cause — Issuance — Contents Of Warrant —
Execution And Return.
1.
Determination Of Probable Cause/Issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted.
b.
In doing so the Municipal Judge shall determine whether the action
to be taken by the City is reasonable in light of the facts stated.
The Municipal Judge shall consider the goals of the ordinance or Code
Section sought to be enforced and such other factors as may be appropriate,
including, but not limited to, the physical condition of the specified
property, the age and nature of the property, the condition of the
area in which the property is located, the known violation of any
relevant City ordinance or Code Section, the passage of time since
the property's last inspection and the authority authorizing government
entry onto private property. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a City
ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies
and the application, any supporting affidavit and one (1) copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
e.
A search warrant shall expire if it is not executed within ten (10)
days after the date of the making of the application.
2.
Contents Of Search Warrant. The search warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity so that the officer executing
the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon for
one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations be
seized, recorded or photographed and a description of such property
be returned within ten (10) days after issuance of the warrant to
the Clerk of the Municipal Court to be dealt with according to law;
h.
Be signed by the Judge, with his or her title of office indicated.
3.
Execution. An administrative warrant issued under this Article shall
be executed only by a City Police Officer; provided, however, that
one (1) or more appropriate and designated City employee may accompany
the officer and the warrant shall be executed in the following manner:
a.
Copies of the warrant shall be given to the officer executing the
warrant. Copies may be transmitted by hand delivery, mail or by facsimile
or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
ten (10) days after issuance of the warrant.
c.
The officer may summon as many persons as he or she deems necessary
to assist him or her in executing the warrant and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
d.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant or shall leave a copy
of the warrant at the property if the owner or occupant is not available.
e.
In the event that a warrant authorizes abatement of a nuisance or
other conditions, the Police Officer is not required to stay on the
property during the entire length of time that it takes for the abatement
to be completed.
4.
Itemized Receipt/Disposition Of Seized Property.
a.
If any property is seized incident to the search or abatement, the
officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, the officer shall leave the receipt
at the site of the search or abatement in a conspicuous place.
b.
A copy of the itemized receipt of any property taken shall be delivered
to an attorney representing the City within two (2) working days of
the search.
c.
The disposition of property seized pursuant to a warrant under this
Section shall be in accordance with an applicable City ordinance or
Code Section, but in the absence of same, then with Section 542.301,
RSMo.
5.
Return Required After Execution Of Search Warrant.
a.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court.
b.
The return shall show the date and manner of execution and the name
of the possessor and of the owner, when not the same person, if known,
of the property or places searched or seized.
c.
The return shall be accompanied by any photographs, copies or recordings
made and by any property seized, along with a copy of the itemized
receipt of such property required by this Section; provided, however,
that seized property may be disposed of as provided herein and in
such a case a description of the property seized shall accompany the
return.
d.
The Court Clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
searched or seized.
D.
Warrant
Invalid, When.
1.
A search warrant shall be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without sufficient probable cause in light of the goals of the Section to be enforced and such other factors as provided in Subsection (C) hereof;
d.
If it was not issued with respect to property or places in the City;
e.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed within ten (10) days after the date of the
issuance of the warrant.
2.
An officer making a search pursuant to an invalid warrant, the invalidity
of which is not apparent on its face, may use such force as he/she
would be justified in using if the warrant were valid.
[Ord. No. 78-155 §1, 12-20-1978]
The Chief of Police or other Police Officer of the City shall,
without a warrant, arrest any person who commits an offense in his
presence; but such officer shall, before the trial, file a written
complaint with the Municipal Judge.
[Ord. No. 78-155 §1, 12-20-1978]
A.
It
shall be the duty of an attorney designated by the City to prosecute
the violations of the City's ordinances before the Municipal Judge.
The salary or fees of the attorney and his necessary expenses incurred
in such prosecutions shall be paid by the City.
B.
The
Mayor shall appoint, subject to the approval of the Council, an attorney
licensed to practice law in the State of Missouri to prosecute violations
of the City's ordinances before the Municipal Judge.
[Ord. No. 78-155 §1, 12-20-1978]
Any person charged with the violation of a City ordinance shall
be entitled to a trial by jury, as in prosecutions for misdemeanors
before an Associate Circuit Judge.
[Ord. No. 78-155 §1, 12-20-1978]
In any trial for the violation of a City ordinance, all issues
of fact shall be determined by the Judge unless a trial by jury is
authorized by law and the defendant or his attorney requests a trial
by jury.
[Ord. No. 78-155 §1, 12-20-1978]
Whenever a defendant accused of a violation of a City ordinance
has the right to a trial by jury and demands such trial by jury, the
Municipal Judge shall certify the case for assignment in the manner
provided in Subsection (2) of Section 517.520, RSMo.
[Ord. No. 78-155 §1, 12-20-1978]
A.
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.
B.
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 on the day set for trial to testify
in the case and enter the names of such witnesses on his docket, which
oral notice shall be valid as a summons.
[Ord. No. 78-155 §1, 12-20-1978]
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 as Municipal Judge, he shall immediately stop all further
proceedings before him as Municipal Judge and cause the complaint
to be made before same Associate Circuit Judge within the County.
[Ord. No. 78-155 §1, 12-20-1978]
If the City has no suitable and safe place of confinement, the
defendant may be committed to the County Jail by the Judge; 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 City shall pay the board of such prisoner
at the same rate as may now or hereafter be allowed by law to such
Sheriff for the keeping of other prisoners in his custody.
[Ord. No. 78-155 §1, 12-20-1978]
The Municipal Judge may, when in his 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 said Judge.
[Ord. No. 78-155 §1, 12-20-1978; Ord. 80-57 §1, 8-20-1980]
A.
JUDGE
PAROLE
PROBATION
Definitions. As used in this Section, the following terms
shall have the following meanings:
The Municipal Judge of the Bridgeton Municipal Division of
the St. Louis County Circuit Court.
The release of a prisoner to the community by the Judge prior
to the expiration of his term of imprisonment, subject to any conditions
which may be imposed by the Judge, and subject to supervision of the
Judge.
A procedure under which a defendant found guilty of an offense
upon verdict or plea is released by the Judge without imprisonment,
subject to conditions imposed by the Judge and subject to supervision
of the Judge.
B.
Power of Judge. The Judge shall have the power to suspend the imposition of sentence on persons convicted of a violation of any of the ordinances of the City or to pronounce sentence and suspend the execution thereof and to grant probation or parole to such persons, and in any such event to impose such terms and conditions upon the grant of probation or parole or the suspension of sentence or imposition thereof as the Judge may, in his discretion, deem reasonable and proper. Without limiting the generality of the foregoing, the Judge may, in his discretion, impose as a condition of probation, parole or suspended imposition of sentence, the payment of an amount, not to exceed seventy-five dollars ($75.00), which shall constitute fees for the Probation and Parole Officer; except that the Judge shall not impose such a condition when the defendant is found by the Judge to be indigent and unable to pay such amount. Such amount shall be collected by the Clerk and disbursed as provided in Subsection (A) of Section 110.060. The exercise by the Judge of the power herein granted shall be subject to the restrictions and conditions hereinafter provided.
C.
Probation. When any person is convicted of any offense,
and confinement or fine is assessed as the punishment therefor, the
Judge, if satisfied that the defendant, if permitted to go at large,
would not again violate the law, may in his discretion, by order of
record, suspend the imposition of sentence or may pronounce sentence
and suspend the execution thereof and may also place the defendant
on probation upon such conditions as the Judge sees fit to impose.
The period of suspension of imposition of sentence or execution thereof
or of probation shall be for a specific term, which shall be stipulated
in the order of record. No such suspension or probation under this
Chapter shall be granted for a term of less than six (6) months, and
no probation shall be granted for a term of longer than one (1) year.
The Judge may extend the initial term of the suspension or probation,
but no more than one (1) extension of any probation may be ordered.
D.
Parole. When any person is convicted of any offense, and
confinement is assessed as the punishment therefor, the Judge may
in his discretion, at any time during the period of such person's
confinement, upon being satisfied that such person, if permitted to
go at large, will not violate the law, parole such person upon such
conditions as the Judge sees fit to impose. Such parole shall be for
a term not less than the balance of sentence of confinement imposed
on such person or may be granted for a longer term; but in no event
shall such term be longer than one (1) year.
E.
Duties of Persons on Probation or Parole. It is the duty
of a person granted probation or parole under the provisions of this
Section to appear as directed by the Judge granting the probation
or parole during the continuance of the probation or parole and submit
proof as may be directed by the Judge that he has, since the date
of his probation or parole or since the last date at which the proof
has been furnished, complied with all the conditions of the probation
or parole and conducted himself as a peaceable and law-abiding citizen.
F.
Expiration of Period of Suspension. If the Judge shall suspend
the imposition of sentence or the execution thereof without ordering
probation for the defendant involved, in such event, upon the expiration
of the term of suspension, the Judge shall impose sentence or order
the execution thereof or, if satisfied that the reformation of the
defendant granted such suspension is complete, shall order the discharge
of such individual. The order or discharge shall operate as a complete
satisfaction of the original judgment by which the fine or jail sentence
or commitment was imposed or suspended.
G.
Discharge from Probation or Parole. When a defendant who
has been placed upon probation or parole for the term prescribed by
the Judge, and the Judge granting the probation or parole is satisfied
that the reformation of the defendant is complete and that he will
not again violate the law, the Judge shall, by order of record, grant
his absolute discharge. Such discharge shall be automatic unless,
prior to the expiration of the term of probation or parole, the Judge
shall order an extension of such term, as hereinabove provided for.
The order or discharge shall operate as a complete satisfaction of
the original judgment by which the fine or jail sentence or commitment
was imposed or suspended.
H.
Violation of Term of Probation or Parole.
1.
In the event that any person granted probation or parole hereunder
violates the terms and conditions of his probation or parole, or is
convicted of a violation of law before the Judge granting such probation
or parole or in any court of this State, the Judge may, in his discretion,
order the probation or parole revoked and direct that the sentence
heretofore imposed be commenced and order execution thereof; or in
the event imposition of sentence was suspended, the Judge may pronounce
sentence and order execution thereof. The Judge may in his discretion
order the continuance of the probation or parole upon such conditions
as the Judge may prescribe. The Judge in his discretion may order
the allowance in mitigation of the sentence credit for all or for
part of the time the defendant was upon probation or parole.
2.
After probation or parole has been revoked, as provided above, the
Judge may in his discretion require the payment of all costs in the
case and may grant a second probation or parole; but no more than
two (2) probations or paroles shall be granted the same person under
the same judgment of conviction.
3.
The Judge shall not revoke the probation or parole granted to a person
hereunder until he shall first have held a hearing at which time evidence
of such violation or condition shall be presented and at which time
the person on probation or parole shall have the opportunity to appear
and to show cause why his probation or parole should not be revoked.
I.
Probation and Parole Officer.
1.
There is hereby created the position of Probation and Parole Officer,
who shall be appointed by and assist the Judge in the exercise of
the powers granted by this Chapter.
2.
Such Probation and Parole Officer shall have the following duties
and shall perform the following functions:
a.
Such officer shall, when directed by the Judge, make a pre-sentence
investigation and report to the Judge before the imposition of sentence
or the granting of probation. The report shall not be submitted to
the Judge or its contents disclosed to anyone unless the defendant
has pleaded guilty or has been found guilty. The report of the pre-sentence
investigation shall contain any prior record of the defendant and
such information about his characteristics, his financial condition,
his social history and the circumstances affecting his behavior as
may be helpful in imposing sentence or in recommending probation or
in the correctional treatment of the defendant. The officer shall
secure such other information as may be required by the Judge; and
whenever it is practicable and requested by the Judge, the investigation
may include a physical and mental examination of the defendant.
b.
Upon the receipt of the Judge of an application for parole or upon
the Judge's own motion, such officer shall, at the discretion of the
Judge, make an investigation concerning the applicant and all pertinent
facts and circumstances surrounding the application for parole, and
shall promptly report the results of his investigation to the Judge.
c.
Such officer shall perform such duties of supervision as may be directed
by the Judge in connection with persons granted probation or parole
pursuant to the provisions of this Chapter.
d.
Upon receiving information indicating that a person granted probation or parole pursuant to this Section has or may have violated the terms and conditions of his probation or parole, or been convicted of violation of law in any court of this State, such officer shall report such information to the Judge; and, in the event the Judge determines to hold a hearing as provided by Subsection (H) of this Section, such officer shall assist the Assistant City Attorney in the preparation and presentation of evidence at such hearing.
e.
Prior to the expiration of the term of the probation or parole, and in no event later than the last day of such term, such officer shall make a report to the Judge with respect to the conduct of the person granted probation or parole during such term and shall recommend either that such person be discharged or that the term of such person's probation or parole be extended; provided however, in the event no such report is timely made, such person shall automatically be discharged from probation or parole as provided for in Subsection (F) hereof.
f.
Such officer shall perform such other duties as the Judge may direct.
3.
The Probation and Parole Officer may be assisted in his duties by
such assistant Probation and Parole Officer as the Council may authorize
by ordinance.
4.
The compensation of such Probation and Parole Officer and Assistant
Probation and Parole Officer shall be as fixed by ordinance of the
Council.
J.
Probation and Parole Records. The Clerk of the Municipal
Division shall keep in a permanent file all applications for probation
or parole by the Judge and shall keep in such manner as may be prescribed
by the Judge complete and full records of all probations or paroles
granted, revoked or terminated, and all discharges from probations
or paroles. All orders relating to any probation or parole granted
under the provisions of this Chapter shall be kept in a like manner.
Information and data obtained by a Probation or Parole Officer in
serving the Judge or Board of Parole is privileged information, shall
not be receivable in any court, and shall not be disclosed directly
or indirectly to anyone other than the Judge; except the Judge may
in his discretion permit the inspection of the report, or parts thereof,
by the defendant, or prisoner or his attorney, or other person having
a proper interest therein, whenever the best interest or welfare of
a particular defendant or prisoner makes such action desirable or
helpful.
[Ord. No. 78-155 §1, 12-20-1978]
In any case tried before a Municipal Judge who is licensed to
practice law in this State, 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.
[Ord. No. 78-155 §1, 12-20-1978]
In case of a breach of any recognizance entered into before
the Municipal Judge, 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 City 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 the 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
City.
[Ord. No. 78-155 §1, 12-20-1978]
The Municipal Judge shall be disqualified to hear any case in
which he is in anywise interested, or, if before the trial is commenced,
the defendant or the prosecutor files and affidavit that the defendant
or the City, 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 City shall be entitled to more than one (1)
affidavit of disqualification in the same case.
[Ord. No. 78-155 §1, 12-20-1978]
A.
If
the Municipal Judge be absent, sick or disqualified from acting, the
Mayor may designate some competent, eligible person to act as Municipal
Judge until such absence or disqualification shall cease; provided
however, that should a vacancy occur in the office of an elected Municipal
Judge more than six (6) months before a general municipal election,
then a special election shall be held to fill such vacancy; and in
case of vacancy in the office of an elected Municipal Judge within
less than six (6) months of a general municipal election, the office
may be filled by a competent, eligible person designated by the Mayor.
B.
The
City Council shall provide by ordinance for the compensation of any
person designated to act as a Municipal Judge under the provisions
of this Section.
[Ord. No. 78-155 §1, 12-20-1978]
When a fine is assessed for violation of 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 may deem appropriate.
[Ord. No. 78-155 §1, 12-20-1978]
In the trial of City ordinance violation cases, a copy of a
City ordinance which is certified by the City Clerk shall constitute
prima facie evidence of such ordinance. If such certified copy is
on file with the Clerk serving the Judge hearing a case, and readily
available for inspection by the parties, the Judge may take judicial
notice of such ordinance without further proof.
[Ord. No. 78-155 §1, 12-20-1978; Ord. No. 80-72 §1, 10-29-1980; Ord. No. 85-111 §1, 12-18-1985; Ord. No. 89-110 §1, 3-1-1990; Ord. No. 94-50 §2, 7-20-1994; Ord. No. 96-85 §1, 12-18-1996; Ord. No. 04-34 §2, 5-19-2004; Ord. No. 19-17, 9-18-2019]
A.
In
all cases coming before the Municipal Judge, except those in which
the defendant is found by the Judge to be indigent and unable to pay
the costs, where there is a finding by the Judge against the defendant,
the Judge shall levy, in addition to the fine or penalty, and the
fees of witnesses, the following:
1.
|
Court Costs
|
$12.00
|
|
Crime Victims Fund
|
$7.50
|
|
Abuse Shelter Fund
|
$1.00
|
|
Law Enforcement Training Fund
|
$2.00
|
|
Peace Officer Standards and Training Commission Fund
|
$1.00
|
|
Inmate Prisoner Detainee Security Fund
|
$2.00
|
|
Statewide Court Automation Fund
|
$7.00
|
3.
When an application for trial de novo is filed in the municipal court,
a thirty dollar ($30.00) application fee shall be collected and forwarded
to the Associate Division of the St. Louis County Circuit Court.
B.
If,
upon the trial to the Municipal Judge, it appears to the satisfaction
of the Judge that the prosecution was commenced without probable cause
and from malicious motives, the Judge shall state the name of the
complainant or prosecutor in the finding and shall impose the costs
of the prosecution upon him or her, and judgment shall be rendered
against the complainant or prosecutor that he or she pay such costs
and stand committed to jail until same are paid.
C.
No
fees for a Judge, City Attorney or prosecutor shall be assessed as
costs in a City ordinance violation case.
[Ord. No. 78-155 §1, 12-20-1978]
A.
All
records belonging to the Bridgeton Municipal Court on January 1, 1979,
shall, on January 2, 1979, become records of the St. Louis County
Circuit Court. Physical custody of such records shall be maintained
by the City, except for records in cases pending on January 1, 1979,
which records shall be physically transferred to the custody of the
Municipal Clerk serving the Judge of the Bridgeton Municipal Division.
Physical custody of records belonging to the Bridgeton Municipal Court
shall also be transferred to the St. Louis County Circuit Court when
the records or cases are ordered transferred pursuant to local Circuit
Court rule.
B.
All
cases which are pending in the Bridgeton Municipal Court on January
1, 1979, shall then be transferred to the Bridgeton Municipal Division
of the St. Louis County Circuit Court for hearing or disposition before
the Municipal Judge.
