[R.O. 1996 § 115.260; Ord. No. 1990, 9-8-2008]
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 Board of Aldermen by ordinance and shall be selected as follows:
He/she shall be appointed to his/her position as Municipal Judge for
Division I or Division II by the Mayor, subject to the confirmation
of the Board of Aldermen for a term as specified herein.
[R.O. 1996 § 115.265; Ord. No. 1990, 9-8-2008]
The Municipal Judge shall hold his/her
office for a period of at least two (2) years. If for any reason a
Municipal Judge vacates his/her office, his/her successor shall complete
that term of office, even if the same be for less than two (2) years.
[R.O. 1996 § 115.270; Ord. No. 1990, 9-8-2008; Ord. No. 2459, 3-25-2019]
A.
The Municipal Judge shall possess the following
qualifications before he/she shall take office:
1.
He/she 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.
He/she need not reside within the
City.
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.
5.
He/she may serve as Municipal Judge
for any other municipality.
6.
He/she may not hold any other office
within the City Government.
B.
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.
C.
No Municipal Judge shall serve as a Municipal Judge in more than
five (5) municipalities at one (1) time. A court that serves more
than one (1) municipality shall be treated as a single municipality
for the purposes of this Subsection.
[R.O. 1996 § 115.275; Ord. No. 1990, 9-8-2008]
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 him/her and may
fine and/or 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, suspend any fine or sentence
and make such other orders as he/she deems 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 § 115.280; Ord. No. 1990, 9-8-2008]
A.
The Municipal Judge shall vacate his/her
office under the following circumstances:
[R.O. 1996 § 115.285; Ord. No. 1990, 9-8-2008]
If the Municipal Judge vacates his/her
office, the Mayor, with the advice and consent of a majority of the
Board of Aldermen, shall appoint one (1) of the Municipal Judges as
the presiding Municipal Judge.
[R.O. 1996 § 115.290; Ord. No. 1990, 9-8-2008]
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 Board of Aldermen 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 § 115.295; Ord. No. 1990, 9-8-2008]
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. 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 his/her office, to his/her
successor in office or to the Presiding Judge of the Circuit Court.
[R.O. 1996 § 115.300; Ord. No. 1990, 9-8-2008]
Should the Municipal Judge determine
that there shall be a Violation Bureau, the City shall provide all
expenses incident to the operation of the same. The Clerk of the Municipal
Court is hereby designated as the Violation Clerk for said Bureau,
if established.
[R.O. 1996 § 115.305; Ord. No. 1990, 9-8-2008]
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 § 115.310; Ord. No. 1990, 9-8-2008]
The Municipal Judge shall be disqualified
to hear any case in which he/she is 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 of disqualification in
the same case.
[R.O. 1996 § 115.315; Ord. No. 1990, 9-8-2008]
If the 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 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. The Board
of Aldermen shall provide by ordinance for the compensation of any
person designated to act as Municipal Judge under the provisions of
this Section.
