[R.O. 2007 § 115.250; CC 1979 § 17-41; Ord. No. 2278 § 1, 4-13-1995]
The official prosecuting violations of the ordinances of the City of St. Peters in the Municipal Court of the City of St. Peters shall be called "The Municipal Prosecuting Attorney".
[R.O. 2007 § 115.260; CC 1979 § 17-42; Ord. No. 2278 § 2, 4-13-1995; Ord. No. 2649 § 1, 2-27-1997]
The person now acting and hereafter designated as Municipal Prosecuting Attorney is hereby deemed to be an officer of the City of St. Peters under Section 79.230, RSMo. All Assistant Municipal Prosecuting Attorneys are not deemed to be officers of the City of St. Peters under Section 79.230, RSMo.
[R.O. 2007 § 115.270; CC 1979 § 17-43; Ord. No. 2278 § 3, 4-13-1995; Ord. No. 5178 § 1, 4-23-2009]
No appointment shall be made for the hiring of the Municipal Prosecuting Attorney for the City of St. Peters unless said appointment is made upon the nomination of the Mayor and with the consent and approval of the majority of the members of the Board of Aldermen.
[R.O. 2007 § 115.280; CC 1979 § 17-44; Ord. No. 2278 § 4, 4-13-1995]
The Municipal Prosecuting Attorney may be removed from such office only in accordance with Section 79.240, RSMo.
[R.O. 2007 § 115.290; CC 1979 § 17-45; Ord. No. 2278 § 5, 4-13-1995]
It is the duty of the Municipal Prosecuting Attorney to diligently prosecute violations of the ordinances of the City of St. Peters in the Municipal Court of the City, and all divisions of the Circuit Courts of the State of Missouri.
[R.O. 2007 § 115.300; CC 1979 § 17-46; Ord. No. 2278 § 6, 4-13-1995; Ord. No. 2649 § 2, 2-27-1997]
The Municipal Prosecuting Attorney is authorized to designate not more than three (3) Assistant Municipal Prosecuting Attorneys who may from time to time act in the place and stead of the Municipal Prosecuting Attorney, and such Assistant Municipal Attorney shall possess all qualifications set forth in Section 115.300 of this Article. One (1) of the appointed Assistant Municipal Prosecuting Attorneys shall be designated by the Municipal Prosecuting Attorney as "First Assistant Municipal Prosecuting Attorney". In the event of the death, resignation or termination of the Municipal Prosecuting Attorney, the First Assistant Municipal Prosecuting Attorney shall become the Acting Municipal Prosecuting Attorney and serve in such capacity until a Municipal Prosecuting Attorney is nominated by the Mayor and approved by the Board of Aldermen. The Municipal Prosecuting Attorney shall, by appropriate written communication, provide the judge of the Municipal Court the name, home address, office address, and telephone numbers of all Assistant Municipal Prosecuting Attorneys, together with the effective date of the appointment of such Assistant Municipal Prosecuting Attorneys, and shall advise the judge of the Municipal Court of the effective date of the termination of any Assistant Municipal Prosecuting Attorney. The notice of appointment or termination of an Assistant Municipal Prosecuting Attorney shall be spread upon the official records of the Municipal Court of the City of St. Peters and the judge thereof shall take judicial notice of such appointment or termination. All Assistant Municipal Prosecuting Attorneys shall be under the supervision of the Municipal Prosecuting Attorney and serve at the pleasure of the Municipal Prosecuting Attorney.
[Ord. No. 7859, 9-28-2023]
The Municipal Prosecuting Attorney may, with the consent of the City Administrator, designate any one (1) or more of the City Attorneys as Special Municipal Prosecuting Attorney to assist and, from time to time, act in the place, stead and with the authority of the Municipal Prosecuting Attorney. The Municipal Prosecuting Attorney shall, by appropriate written communication, provide the Judge of the Municipal Court the name, home address, office address, and telephone numbers of all Special Municipal Prosecuting Attorneys. Nothing contained herein shall limit the authority of the Municipal Prosecuting Attorney to designate Assistant Municipal Prosecuting Attorneys pursuant to Section 115.290 of this Article.
[R.O. 2007 § 115.310; CC 1979 § 17-47; Ord. No. 2278 § 7, 4-13-1995]
No person shall be appointed as the Municipal Prosecuting Attorney or Assistant Municipal Prosecuting Attorney, or remain in such office or capacity, unless such person is a member in good standing of the Missouri Bar and licensed to practice law in the State of Missouri.
[R.O. 2007 § 115.320; CC 1979 § 17-48; Ord. No. 2278 § 8, 4-13-1995; Ord. No. 5178 § 2, 4-23-2009]
The Municipal Prosecuting Attorney and any Assistant Attorney shall be compensated on an hourly bases, at such rates as the Board of Aldermen shall establish annually in the budget adopted by the City, and as may thereafter be amended from time to time. No Assistant Municipal Prosecuting Attorney shall receive a compensation greater than the schedule of compensation for the Municipal Prosecuting Attorney.
[R.O. 2007 § 115.330; CC 1979 § 17-49; Ord. No. 2278 § 9, 4-13-1995]
The Municipal Prosecuting Attorney and the Assistant Municipal Prosecuting Attorney must be residents of St. Charles County, Missouri. If either the Municipal Prosecuting Attorney or the Assistant Municipal Prosecuting Attorney shall cease to be a resident of St. Charles County, Missouri, then by reason thereof such person shall thereby forfeit such office.
[R.O. 2007 § 115.340; CC 1979 § 17-50; Ord. No. 2278 § 10, 4-13-1995]
It shall be unlawful for the Mayor, an Alderman, the City Administrator or any other appointed or elected officer of the City of St. Peters, or any employee of the City of St. Peters to demand of the Municipal Prosecuting Attorney, the Assistant Municipal Prosecuting Attorney, or the judge of the Municipal Court that a person standing accused before the Municipal Court of the City of St. Peters or the Circuit Court of the State of Missouri be granted leniency or harsh treatment with respect to the charge or penalty for such charge against such accused, or that the charge or charges against such person be dismissed. Any person found guilty of violating this Section shall be deemed guilty of an ordinance violation and punished in accordance with the ordinances of the City of St. Peters pertaining to ordinance violations. Nothing contained in this Section shall prevent or prohibit any of the St. Peters elected officials, officers or employees from appearing in the Municipal Court as a sworn witness on behalf of any accused person and testifying as to the good or bad moral character or reputation of any person standing accused before the City's Municipal Court in open court during the trial of such accused person. Nothing contained in this Section shall constitute a limitation on the Municipal Prosecuting Attorney making recommendations to the Municipal Judge as to guilt, innocence or penalty as to any accused person.