[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]
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 cost, the names of the defendants
committed and the cases where there was an application for trial de
novo, respectively. 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 at its first session thereafter.
The Municipal Court shall, within the ten (10) days after the first
of the month, pay to the Municipal Treasurer the full amount of all
fines collected during the preceding months, if they have not previously
been paid.
[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.
