[CC 1976 §10-18; Ord. No. 1256 §2, 12-19-1978]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the Twentieth Judicial Circuit Court, and shall be elected to his position by the qualified voters of this City, for a term as specified herein.
[CC 1976 §10-19; Ord. No. 1256 §2, 12-19-1978; Ord. No. 1667 §1, 4-20-1993; Ord. No. 2823 §2, 6-5-2012; Ord. No. 3161, 12-3-2019]
The Municipal Judge shall hold his/her office for a period of four (4) years and shall be elected at the regular City election in even-numbered 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 four (4) years.
[CC 1976 §10-20; Ord. No. 1256 §2, 12-19-1978]
A. 
The Municipal Judge shall vacate his 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 obtaining his seventy-fifth (75th) birthday, or
3. 
Should he fail within six (6) months from his election to satisfactorily complete a course of instruction for Municipal Judge as prescribed by the State Supreme Court, or any other requirement as prescribed by the State Supreme Court.
[CC 1976 §10-21; Ord. No. 1256 §2, 12-19-1978; Ord. No. 2823 §1, 6-5-2012]
A. 
The Municipal Judge shall possess the following qualifications before he shall take office:
1. 
He shall be a licensed attorney, qualified to practice law within the State of Missouri.
2. 
He must be a resident of the State of Missouri for at least one (1) year prior to the election.
3. 
He must be between the ages of twenty-one (21) and seventy-five (75) years.
4. 
He may serve as Municipal Judge for any other municipality.
5. 
He may not hold any other office within the City Government.
6. 
He must, within six (6) months after his selection to the position, satisfactorily, complete a course of instruction for Municipal Judges as prescribed by the State Supreme Court.
7. 
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.
[CC 1976 §10-22; Ord. No. 1256 §2, 12-19-1978]
The salary of the Municipal Judge shall be established by the Board of Aldermen.
[CC 1976 §10-23; Ord. No. 1256 §2, 12-19-1978; Ord. No. 3400, 11-21-2023]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:
A Municipal Division Summary Reporting Form, including monthly case load information, case dispositions, appeals or trials de novo requested, warrant information, revenue and disbursements for the previous monthly reporting period.
[CC 1976 §10-24; Ord. No. 1256 §2, 12-19-1978]
The Municipal Judge shall be a conservator of the peace. He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Franklin County. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his office, to his successor in office or to the Presiding Judge of the Circuit.
[CC 1976 §10-25; Ord. No. 1256 §2, 12-19-1978]
A. 
The Municipal Judge shall be and is hereby authorized to:
1. 
Establish a Traffic 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, and may fine and imprison for contempt committed before him 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. Any and all rules 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.
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.
[CC 1976 §10-26; Ord. No. 1256 §2, 12-19-1978]
A Municipal Judge shall be disqualified to hear any case in which he is in any wise 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.
[CC 1976 §10-27; Ord. No. 1256 §2, 12-19-1978; Ord. No. 1794 §1, 11-1-1994]
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor or Chairman of the Board of Aldermen may request the Presiding Judge of the Circuit Court to designate a Special Municipal Judge (any other Municipal Judge within the circuit to act as Special Municipal Judge for a Municipal Judge of the circuit who is absent, sick or disqualified for acting) or the Mayor or Chairman of the Board of Aldermen may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease or the Mayor or Chairman may designate some competent, eligible person qualified for office as set forth in the Ordinances herein to act as Municipal Judge, 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; 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 or Chairman of the Board of Aldermen or by the Presiding Judge of the Circuit Court, said Presiding Judge appointing any other Municipal Judge within the Circuit to act as a Special Municipal Judge for a Municipal Judge of the Circuit who is absent, sick or disqualified from acting.