There is hereby established the office of Court Clerk for the
City of Oakland Municipal Division of the St. Louis County Circuit
Court.
The Court Clerk shall be appointed by the Mayor with the consent
of a majority of the members of the Board of Aldermen to serve for
an unspecified term at the will of the Mayor and Board of Aldermen.
The Court Clerk shall attend all sessions of the Oakland Municipal
Division of the 21st Judicial Circuit Court and perform the duties
of the office at such additional times as the Mayor or Board of Aldermen
may specify. Compensation for the Court Clerk shall be established
by ordinance from time to time.
[CC 1997 §17-25(c — e); Ord. No.
333 §2, 12-11-1978; Ord. No. 391 §§1 — 5, 9-12-1988; Ord. No. 571 §1, 10-26-1998]
A. Duties. The duties of the Clerk of the Municipal Court shall
be to:
1. Prepare, under the supervision of the City Attorney, complaints under
this Code or other City ordinances, trial dockets, all necessary appeal
and recognizance forms, transcripts of records and any and all other
forms necessary in any action pending in the Municipal Court;
2. Maintain permanent files and records of the Municipal Court proceedings
and have the care and custody of same;
3. Prepare, under the supervision of the Municipal Judge, all reports
required of the Municipal Judge or of the Municipal Court by State
Statutes, this Code or other City ordinances;
4. Keep complete records regarding fines, penalties, costs and any other
charges arising out of any action in the Municipal Court;
5. Assist the Police in the preparation of any reports or records required
of the Police Chief in connection with the operation of the Municipal
Court;
6. Tax all costs, make out all bills and executions and make out and
issue all processes of the Municipal Court;
7. Keep an appeal docket in which shall be recorded the proceedings
in any case appealed to the Circuit Court;
8. Prepare statistics and summaries regarding tickets issued by the
City and money received in Municipal Court as requested by the Board
of Aldermen or the Mayor;
9. Coordinate City's responses to periodic State and City audits of
the Municipal Court as required by law;
10. Fulfill such other duties as may be assigned to him/her by the Mayor
or Board of Aldermen.
B. Fines — Disposition. The Court Clerk shall collect
all fines paid in conformity with any judgment of the Municipal Court
and, immediately following each court session held, shall pay into
the City Treasury the full mount of all fines collected during the
preceding Court session.
C. Powers. The Clerk of the Municipal Court shall be and is
hereby authorized to:
1. Take oaths and affirmations;
2. Accept and sign complaints signed and sworn to or affirmed before
him/her;
4. Sign and issue commitments to jail;
5. Sign and issue subpoenas requiring the attendance of a witness and
sign and issue subpoenas duces tecum;
6. Fix the amount of bail and admit to bail;
7. Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Traffic Violations cases or as directed by the
Municipal Judge; generally act as Violations Clerk of the Traffic
Violations;
8. Perform such other duties as provided for by ordinance, by rules
of practice and procedure adopted by the Municipal Judge, and as provided
for by the Missouri Rules of Practice and Procedure in Municipal and
Traffic Courts.
Within fifteen (15) days after appointment and before entering
upon the discharge of the above-described duties of office, the Court
Clerk shall give bond to the City in the sum of twenty thousand dollars
($20,000.00) conditioned upon the faithful performance of said duties
and the said Court Clerk will pay over all monies belonging to the
City, as provided by law, that may come into the Court Clerk's hands.