[Ord. No. 2994 §§1 —
2, 12-18-1978]
There is hereby established in this City a Municipal Court to
be known as the "Dexter Municipal Court, a Division of the 35th Judicial
Circuit Court of the State of Missouri". This Court is a continuation
of the Police Court of the City as previously established and is termed
herein "the Municipal Court".
[Ord. No. 2994 §§1 —
2, 12-18-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 2994 §§1 —
2, 12-18-1978; Ord. No.
2999 §1, 1979; Ord. No. 4399 §1, 5-15-2006]
[Ord. No. 2994 §§1 —
2, 12-18-1978; Ord. No.
4399 §2, 5-15-2006]
The Municipal Judge shall hold his/her office at the discretion
of the Mayor with the approval of the Board of Aldermen.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges as provided in Missouri Supreme Court
Rule 12; or
2.
Upon attaining his/her seventy-fifth (75th) birthday; or
3.
Should he/she fail, within six (6) months of his/her selection, to
satisfactorily complete a course of instruction for Municipal Judges
as prescribed by the State Supreme Court.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
[Ord. No. 2994 §§1 —
2, 12-18-1978]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court.
[Ord. No. 2994 §§1 —
2, 12-18-1978; Ord. No.
4875, 12-4-2017]
Within the first ten (10) days of each month, pursuant to Supreme
Court Operating Rule 4.29, the Missouri Division Summary Report Form
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 Board of Aldermen of the City for examination.
The Municipal Court shall, within the ten (10) days after the first
of the month, pay to the City Clerk the full amount of all fines collected
during the preceding months, if they have not previously been paid.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
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 therein and he/she shall keep such
other records as may be required. 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.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
A.
The
Municipal Judge shall be and 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 Section
479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her and may 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 the Municipal
Judge 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 and to make
and adopt such rules of practice and procedure as are necessary to
hear and decide matters pending before the Municipal Court and to
implement and carry out the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts.
5.
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.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the same.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
All warrants issued by a 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.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
The Chief of Police or other Police Officers of the City may,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written complaint with the Judge hearing violations of municipal
ordinances.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury as in prosecutions
for misdemeanors before an Associate Circuit Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
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. 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/her on
the day set for trial to testify in the case and enter the names of
such witnesses on his/her docket, which oral notice shall be valid
as a summons.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
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/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 Judge within the
County.
A.
Any
Judge hearing violations of municipal ordinances may, when in his/her
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 such Judge. When a person is placed on probation, he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the Court may order conditions which the Court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the Court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization or agency or employee of a
County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
Except where there has been a plea of guilty or where the case
has been tried with a jury, the defendant shall have a right of trial
de novo before a Circuit Court Judge or upon assignment before an
Associate Circuit Court 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. 2994 §§1 —
2, 12-18-1978]
In all cases in which a jury trial has been demanded, a record
of the proceedings shall be made and appeals may be had upon that
record to the appropriate Appellate Court.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, 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 municipality 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 a 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 municipality.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in 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.
[Ord. No. 2994 §§1 —
2, 12-18-1978; Ord. No.
2999 §2, 1979]
If a Municipal Judge be absent, sick or disqualified from acting,
the Mayor of the Board of Aldermen may request the Presiding Judge
of the Circuit Court to designate a special Municipal Judge as provided
in Subsection (2) of Section 479.230, RSMo., or 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 of the Board
of Aldermen or as provided in Subsection (2) of Section 479.230, RSMo.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
A.
The
duties of the Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be described
and the Court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violation Bureau cases or as directed by the
Municipal Judge and generally act as Violation Clerk of the Violation
Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
practice and procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal Traffic Courts and by
Statute.
7.
Maintain a complete copy of the ordinances of the City of the municipality
which shall constitute prima facia evidence of such ordinance before
the Court. Further, to maintain a similar certified copy on file with
the Clerk serving the Circuit Court of this County.
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Dexter Municipal Division of the 35th Judicial
Circuit Court, and in addition to all other fees authorized or required
by law, there shall be assessed as costs the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Police Officer training fee. A fee of three dollars
($3.00) is hereby established and assessed as additional Court costs
in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The City
shall not retain for training purposes more than one thousand five
hundred dollars ($1,500.00) of such funds for each certified Law Enforcement
Officer or candidate for certification employed by the City. Any excess
funds shall be transmitted quarterly to the City's General Fund.
b.
One dollar ($1.00) of each such Court cost shall be sent to the State
Treasury to the credit of the Peace Officers Standards and Training
Commission Fund created by Section 590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
4.
There may also be assessed a two dollar ($2.00) cost per case for
each criminal case and each County or municipal ordinance violation
case for the purpose of providing operating expenses for shelters
for battered persons as set out in Section 488.607, RSMo.
5.
Other costs, such as for the issuance of a warrant, a commitment
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
6.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail or costs assessed against
the City by any other detention facility.
7.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(both directions) in order to serve any warrant or commitment or order
of this Court.
8.
Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (9) hereof.
9.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Dexter involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost of
making the arrest, including the cost of any chemical test made as
authorized or required by law or ordinance to determine the alcohol
or drug content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody.
c.
The Chief of Police may establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
d.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with
such fund shall be appropriated by the Board of Aldermen to the Police
Department in amounts equal to those costs so collected and shall
be used by such department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
10.
Missouri Sheriffs Retirement Fund. Pursuant to Section 57.955 and
Section 488.024, RSMo., a three dollar ($3. 00) surcharge on all municipal
cases disposed of by a plea of guilty or finding of guilt to Missouri
Sheriffs Retirement System.
[Ord. No. 4856, 7-3-2017]
11.
Court Automation Fee. Pursuant to Section 488.012.3(5) and Section
488.027.2, RSMo., in addition to the other costs authorized in this
Section, there shall be assessed a state court automation surcharge
of seven dollars ($7.00) in all cases in which court costs are taxed.
Said surcharge shall be collected by the Municipal Court and transmitted
monthly to the Missouri Director of Revenue to the credit of the Missouri
Statewide Court Automation Fund.
[Ord. No. 4932, 8-29-2019]
Any person who is convicted or pleads guilty to a speeding violation
or passing/overtaking a vehicle in a work/construction zone when there
was any person present performing duties in the work/construction
zone and appropriate signs were posted stating "Warning: $250 fine
for speeding or passing in this work zone" shall be assessed a fine
of two hundred fifty dollars ($250.00) in addition to any other fine
assessed; except that any person assessed the two hundred fifty dollar
($250.00) fine shall not also be assessed the thirty-five dollar ($35.00)
fine for any of the following offenses in a construction or work zone:
any moving violation or violation of speeding, leaving the scene,
careless and imprudent driving, operating without a valid license,
operating with a suspended or revoked license, obtaining a license
by misrepresentation, driving while intoxicated, under the influence
or BAC, any felony offense involving the use of a vehicle, or failure
to maintain financial responsibility.
[Ord. No. 2994 §§1 —
2, 12-18-1978]
When a fine is assessed for violating an ordinance, it should
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/she may deem appropriate.
