[CC 1987 §170.010; Ord. No. 92 Ch. 9 §13, 8-14-1930]
A.
There
is hereby established in this City a Municipal Court to be known as
the "Hayti Municipal Court, a Division of the 34th 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".
B.
The
Board of Aldermen shall, at the expense of the City, provide a suitable
room or office for the Municipal Judge in which to hold his/her Court
and with suitable docket and other books, papers and supplies necessary
to transact and keep a record of the business of his/her office. Whenever
such a room shall have been provided, the Municipal Judge shall hold
his/her Court in such room, and his/her Court shall be open every
day except Sunday.
[CC 1987 §170.020; Ord. No. 580 §2, 1-16-1979]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City of
Hayti.
[CC 1987 §170.030; Ord. No. 580 §3, 1-16-1979; Ord. No. 745 §2, 1-8-2001]
A.
The
Judge of the City's Municipal Court shall be known as a Municipal
Judge of the 34th Judicial Circuit Court and shall be selected as
follows:
1.
The Municipal Judge for the City of Hayti, Missouri, shall be elected
by the qualified voters of the City of Hayti at the municipal election
on the first (1st) Tuesday in April of 2001 and every four (4) years
thereafter and shall take office on the second (2nd) Tuesday of April
next following such election and shall hold office for the term herein
provided and until his/her successor has been duly elected and qualified.
2.
The procedures for filing declarations of candidacy and other election
procedures which are applicable to the office of Mayor also shall
apply to the office of Municipal Judge.
[Ord. No. 745 §1, 1-8-2001]
The elective office of the Judge of the Hayti Municipal Court,
a Division of the 34th Judicial Circuit Court of the State of Missouri
shall be for a term of four (4) years.
[CC 1987 §170.040; Ord. No. 580 §4, 1-16-1979]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon his/her failure to complete a course prescribed by the Supreme
Court of the State of Missouri, or
2.
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
3.
Upon obtaining his/her seventy-fifth (75th) birthday, or
4.
If required by Statute, he/she should lose his/her license to practice
law in the State of Missouri.
[CC 1987 §170.050; Ord. No. 580 §5, 1-16-1979]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
If required by Statute, he/she must be a licensed attorney qualified
to practice law within the State of Missouri.
2.
He/she must reside within the City of Hayti, Missouri.
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 of age.
5.
He/she may not hold any other public office within the City Government.
6.
The Municipal Judge may be a part-time Judge and may serve as Municipal
Judge in more than one (1) City.
[CC 1987 §170.060; Ord. No. 580 §6, 1-16-1979]
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
Missouri Supreme Court. The Municipal Court shall be subject to the
general administrative authority of the Presiding Judge of the Pemiscot
County Circuit Court.
[CC 1987 §170.070; Ord. No. 580 §7, 1-16-1979]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating the following:
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 costs, the names of the defendants
committed to jail and the cases where there was an application for
a trial de novo respectively. The report shall be prepared, under
oath, by the Municipal Court Clerk or the Municipal Judge. The report
shall be filed with the City Clerk who shall thereafter forward the
same to the Board of Aldermen of the City of Hayti for examination
at its first (1st) session thereafter. All reports and records shall
remain on file and shall be subject to inspection by the Presiding
Judge of the Pemiscot County Circuit Court of Pemiscot County, Missouri.
[CC 1987 §170.080; Ord. No. 580 §8, 1-16-1979]
The Municipal Judge shall be 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 by law. Such docket and record shall
be records of the Circuit Court of Pemiscot County, Missouri. The
Municipal Judge shall deliver the docket and the 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 Pemiscot County
Circuit Court.
[CC 1987 §170.090; Ord. No. 580 §9, 1-16-1979]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
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.
2.
Commute the term of any sentence, stay execution of any fine or sentence
or suspend any fine or sentence, and make such other orders as the
Municipal Judge may deem necessary relative to any matter that may
be pending in the Municipal Court.
3.
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 or practice and procedure as are necessary
to hear and determine 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.
4.
A 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.
[CC 1987 §170.100; Ord. No. 580 §10, 1-16-1979]
All warrants issued by a Municipal Judge shall be directed to
the City Marshal or any other Police Officer of the Municipality,
or to the Sheriff of Pemiscot County. The warrant shall be executed
by the Marshal, Police Officer or Sheriff any place within the limits
of Pemiscot 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 under the laws of the State of Missouri.
[CC 1987 §170.110; Ord. No. 580 §11, 1-16-1979]
The City Marshal or other Police Officer 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.
[CC 1987 §170.120; Ord. No. 580 §12, 1-16-1979]
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.
[CC 1987 §170.140; Ord. No. 580 §15, 1-16-1979]
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.
[CC 1987 §170.150; Ord. No. 580 §16, 1-16-1979]
If, in the progress of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to be put on 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.
[CC 1987 §170.160; Ord. No. 580 §17, 1-16-1979]
If, in the opinion of the Municipal Judge, the City has no suitable
and safe place of confinement, the Municipal Judge may commit the
defendant to the County Jail, and it shall be the duty of the Sheriff,
if space for the prisoner is available in the County Jail, upon receipt
of a warrant of commitment from the Judge to receive and safely keep
such prisoner until discharged by due process of law. The municipality
shall pay the board of such prisoner at the same rate as may now or
hereafter be allowed to such Sheriff for the keeping of such prisoners
in his/her custody. The same shall be taxed as cost.
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.
[CC 1987 §170.180; Ord. No. 580 §19, 1-16-1979]
The defendant shall have a right to a trial do novo, even from
a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
Such application for a trial de novo shall be filed within ten (10)
days after the judgment and shall be in the form as provided by Supreme
Court Rules.
[CC 1987 §170.190; Ord. No. 580 §20, 1-16-1979]
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 Appellant Court.
[CC 1987 §170.200; Ord. No. 580 §21, 1-16-1979]
In the case 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.
[CC 1987 §170.210; Ord. No. 580 §22, 1-16-1979]
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 interest or prejudice of the Judge. Neither the
defendant not the municipality shall be entitled to file more than
one (1) affidavit or disqualification in the same case.
[Ord. No. 2015-01 §1, 5-11-2015]
A.
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may request the presiding judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or in cases of circumstances making it impossible to reach the presiding judge of the Circuit Court in a timely manner, the Mayor may designate some competent, eligible person to act as Municipal Court Judge until the presiding judge of the Circuit Court can designate a special Municipal Judge as provided for under Subsection (B) of this Section.
B.
The presiding judge of the Circuit Court may appoint any other Municipal Judge within the circuit to act as a special interim Municipal Judge for a Municipal Judge of the circuit who is absent, sick or disqualified from acting. The presiding judge shall act upon the request of the Mayor under Subsection (A) of this Section.
C.
Should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, a special election shall be held to fill such vacancy; and in case of a 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 under the procedures set forth in Subsection (A) of this Section.
D.
Any person serving as special Municipal Judge shall during such service
receive compensation equivalent to the rate set by ordinance for the
Municipal Judge.
