City of Blue Springs, MO Article II Municipal Judge [1]

[1] Cross Reference: See City Charter § 3.16.

Section 125.060 Selection.

[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.

Section 125.070 Term Of Office.

[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.

Section 125.080 Qualifications For Office.

[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.

Section 125.090 Vacation Of Office.

[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.

Section 125.095 Appointment Of Presiding Judge.

[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.

Section 125.100 Powers And Duties Generally.

[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.

Section 125.110 Report To The City Council.

[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 ten (10) days of every month a report indicating the following:

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, the fine imposed, if any, the amount of cost, the names of the defendants committed and the cases where there was an application for trial de novo, respectively.

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.

Section 125.120 Docket And Court Records.

[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.

Section 125.130 Violation Bureau. [1]

[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[2] or as may be required by any laws of this State.

[2] Editor's Note: See Title III, Traffic Code.

[1] Editor's Note: R.O. 1996 § 125.130, Violation Bureau, was removed by the City during the 2019 recodification project and was replaced by R.O. 1996 Ch. 370, Violation Bureau, now set forth herein.

Section 125.140 Issuance And Execution Of Warrants.

[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.

Section 125.150 Disqualification Of Municipal Judge From Hearing Particular Case.

[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.

Section 125.160 Temporary Municipal Judge.

[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.