[R.O. 2008 §125.200; Code 1968 §23-3; CC 1988 §19-36; Ord. No. 32-2015 §1, 8-10-2015]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the Eleventh Judicial Circuit Court and shall be appointed to his/her position by the Mayor, subject to the confirmation of the City Council.
[R.O. 2008 §125.210; Code 1968 §23-6a. — g.; CC 1988 §19-37; Ord. No. 32-2015 §1, 8-10-2015]
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; or, within six (6) months after selection for the position, each Municipal Judge who is not licensed to practice law in this State shall satisfactorily complete the course of instruction for Municipal Judges prescribed by the Supreme Court.
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-five (75) years.
5. 
He/she may serve as a Municipal Judge for any other municipality.
6. 
He/she may not hold any other office within the City Government.
B. 
The Municipal Judge shall be considered holding a part-time position and as such may accept other employment.
C. 
No Municipal Judge shall serve as a Municipal Judge in more than five (5) municipalities at one (1) time. A Court that serves more than one (1) municipality shall be treated as a single municipality for the purposes of this Subsection.
[R.O. 2008 §125.220; Code 1968 §23-4; CC 1988 §19-38]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biennially from April 1, 1980. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office even if the remainder of the term is less than two (2) years.
[R.O. 2008 §125.230; Code 1968 §23-6h.; CC 1988 §19-39]
The Municipal Judge shall be considered holding a part-time position and, as such, may accept, within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2, other employment.
[R.O. 2008 §125.240; Code 1968 §23-10; CC 1988 §19-40]
A. 
The Municipal Judge is hereby authorized to:
1. 
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and in Section 479.050, RSMo.
2. 
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her and 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 he/she 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, make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court and 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 in this Subsection 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.
B. 
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.
[R.O. 2008 §125.250; Code 1968 §23-5; CC 1988 §19-41]
A. 
The Municipal Judge shall vacate his/her office under the following circumstances:
1. 
Upon the 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;
3. 
Upon losing his/her license to practice law within the State.
A Municipal Judge shall be disqualified to hear any case in which he/she is in any way 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.
A. 
If, in the progress of any trial before the 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 Court Judge of the County.
B. 
For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in Municipal Court, if the defendant has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.001, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2008 §125.280; Code 1968 §23-9; CC 1988 §19-44]
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 in every case, 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 Court.
[R.O. 2008 §125.290; Code 1968 §23-8; CC 1988 §19-45]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report containing a list of all cases heard and tried before the Court during the preceding month and in the cases where there was an application for trial de novo, giving in each case the name of the defendant, the fine imposed if any, the amount of cost, and the names of the defendants committed. The report 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 forward the report to the City Council for examination at its first (1st) session after the report has been filed.
[R.O. 2008 §125.300; Code 1968 §23-8; CC 1988 §19-46]
The Municipal Court shall, within ten (10) days after the first (1st) of the month, pay to the City Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid.