[R.O. 1996 § 125.060; CC 1968 § 13-16; Ord. No. 998 § 2(13.030), 12-18-1978; Ord. No. 3584 § 3, 7-21-2003]
The Judge of the City's Municipal
Court shall be known as a Municipal Judge of the 16th Judicial Circuit
Court, Division I or Division II, with compensation provided for by
the City Council by ordinance and shall be selected as follows: They
shall be appointed to their position as Municipal Judge for Division
I or Division II by the Mayor, subject to the confirmation of the
City Council, for a term as specified herein.
[R.O. 1996 § 125.070; CC 1968 § 13-17; Ord. No. 998 § 2(13.040), 12-18-1978; Ord. No. 3584 § 4, 7-21-2003; Ord. No.
4518 § 5, 11-17-2014]
Each Municipal Judge shall hold their
office for a period of three (3) years and shall take office on July
1 immediately following appointment, unless filling an unexpired term.
If for any reason a Municipal Judge vacates their office, their successor
shall complete that term of office commencing service immediately
after appointment and being sworn in, even if the same be for less
than three (3) years.
[R.O. 1996 § 125.080; CC 1968 § 13-18; Ord. No. 998 § 2(13.060), 12-18-1978]
A. The
Municipal Judge shall possess the following qualifications before
they shall take office:
1.
They must be a licensed member of
the Bar Association of this State and shall have been in active practice
for at least five (5) years.
2.
They need not reside within the City.
3.
They must be a resident of the State
of Missouri.
4.
They must be between the ages of
twenty-one (21) and seventy-five (75) years.
[Ord. No. 4667, 6-19-2017]
5.
They may serve as Municipal Judge
for any other municipality. No Municipal Judge shall serve as a Municipal
Judge in more than five (5) municipalities at one time.
6.
They may not hold any other office
within the City Government.
7.
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. 1996 § 125.090; CC 1968 § 13-19; Ord. No. 998 § 2(13.050), 12-18-1978]
A. The
Municipal Judge shall vacate their office under the following circumstances:
1.
Upon removal from office by the Missouri
Commission on the Retirement, Removal and Discipline of Judges, as
provided in Missouri Supreme Court Rule 12;
2.
Upon attaining their 75th birthday;
or
[Ord. No. 4667, 6-19-2017]
3.
If a lawyer, should they lose their
license to practice law within the State of Missouri.
[R.O. 1996 § 125.095; Ord. No. 3584 § 5, 7-21-2003]
The Mayor, with the advice and consent
of a majority of the City Council, shall appoint one (1) of the Municipal
Judges as the Presiding Municipal Judge.
[R.O. 1996 § 125.100; CC 1968 § 13-20; Ord. No. 998 § 2(13.100), 12-18-1978; Ord. No. 3223 § 3, 7-17-2000; Ord. No. 3584 § 6, 7-21-2003]
A. The Presiding Municipal Judge shall be
and is hereby authorized to:
1.
Establish a Violation Bureau as provided
for in the Missouri Supreme Court Rule 37.
2.
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, whether administrative or legal in nature, 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.
B. Each Municipal Judge shall be and is hereby
authorized to:
1.
Administer oaths and enforce due
obedience to all orders, rules and judgments made by them and may
fine and/or imprison for contempt committed before them 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, suspend any fine or sentence,
and make such other orders as they deem necessary relative to any
matter that may be pending in the Municipal Court.
C. Each Municipal Judge shall have such 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. 1996 § 125.110; CC 1968 § 13-21; Ord. No. 998 § 2(13.080), 12-18-1978]
A. The Municipal Judge shall cause to be prepared
within the first fifteen (15) days of every month a report indicating
the following:
[Ord. No. 5270, 10-16-2023]
1.
A list of all cases heard and tried
before the Court during the preceding month, giving in each case the
name of the defendant and the fine imposed.
2.
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 of the City for examination.
B. The Municipal Court shall, within the ten
(10) days after the first of the month, deliver to the Municipal Treasurer
the full amount of all fines collected during the preceding months,
if they have not previously been paid.
[R.O. 1996 § 125.120; CC 1968 § 13-22; Ord. No. 998 § 2(13.090), 12-18-1978]
The Municipal Judge shall be a conservator
of the peace. They shall keep a docket in which they shall enter every
case commenced before them and the proceedings therein, and they shall
keep such other records as may be required. Such docket and records
shall be records of the Circuit Court of Jackson County. The Municipal
Judge shall deliver the docket and records of the Municipal Court,
and all books and papers pertaining to their office, to their successor
in office, or to the Presiding Judge of the Circuit Court.
[R.O. 1996 §§ 370.005 –
370.040; CC 1968 §§ 20-1 – 20-2; Ord. No. 323 §§ 1 – 2, 7-5-1966; Ord. No. 3223 § 1, 7-17-2000]
A. Violation
Bureau — Established, Procedure.
1.
The Municipal Court shall establish
a Violation Bureau to assist the Court with the clerical work of designated
cases. The Judge shall designate a Clerk to perform the duties designated
by the Judge in relation to the Bureau. The Bureau shall be open at
such hours as the Municipal Judge may designate.
2.
The Judge of the Municipal Court
shall designate the specified offenses under this law or under the
ordinances of the City in accordance with Supreme Court Rule No. 37
in respect to which payments of fines may be accepted by the Violation
Bureau in satisfaction thereof, and shall specify suitable schedules,
the amount of such fines for first, second and subsequent offenses,
provided such fines are within the limits declared by ordinance, and
shall further specify what number of such offenses shall require appearance
before the court.
B. When
Person Charged May Elect To Appear At Bureau.
1.
Any person charged with an offense
for which payment of a fine may be made to the Violation Bureau shall
have the option of paying such fine within the time specified in the
notice of arrest at the Violation Bureau upon entering a plea of guilty
and upon waiving appearance in court; or may have the option of depositing
required lawful bail, and upon a plea of not guilty shall be entitled
to a trial as authorized by law.
2.
The payment of a fine to the Bureau
shall be deemed an acknowledgement of conviction of the alleged offense,
and the Bureau, upon accepting the prescribed fine, shall issue a
receipt to the violator acknowledging payment thereof.
C. Duties
Of Violation Bureau. The following duties are hereby imposed upon
the Violation Bureau in reference to traffic offenses:
1. It shall accept designated fines, issue receipts, and represent in
court such violators as are permitted and desire to plead guilty,
waive court appearance, and give power of attorney;
D. Violation
Bureau To Keep Records. The Violation Bureau shall keep records and
submit to the Judges hearing violations of City ordinances summarized
monthly reports of all citations issued for violations of the traffic
laws and ordinances in the City and of all the fines collected by
the Violation Bureau or the court, and of the final disposition or
present status of every case of violation of the provisions of said
laws and ordinances. Such records shall be so maintained as to show
all types of violations and the totals of each. Said records shall
be public records.
E. Additional
Duties Of Violation Bureau. The Violation Bureau shall follow such
procedure as may be prescribed by the traffic ordinances of the City or as may be required by any laws of this State.
[R.O. 1996 § 125.140; CC 1968 § 13-24; Ord. No. 998 § 2(13.120), 12-18-1978]
All warrants issued by the Municipal
Judge shall be directed to the Chief of Police, or any other Police
Officer of the Municipality, or to the Sheriff of the County. The
warrant shall be executed by the Chief of Police, Police Officer or
Sheriff 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.
[R.O. 1996 § 125.150; CC 1968 § 13-25; Ord. No. 998 § 2(13.230), 12-18-1978]
The Municipal Judge shall be disqualified
to hear any case in which they are 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 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.
[R.O. 1996 § 125.160; CC 1968 § 13-26; Ord. No. 998 § 2(13.240), 12-18-1978]
If the Municipal Judge or Provisional
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. 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.