[Ord. No. 1662 §§1 —
2, 4-28-1999]
There is hereby established in this City a Municipal Court to
be known as the "Richmond Municipal Court, a division of the Eighth
Judicial Circuit Court of the State of Missouri". This Court is a
reinstatement of the Municipal Court of the City as previously established
and is termed herein "the Municipal Court".
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri.
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 a Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time position
and as such may accept other employment.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The Municipal Judge shall hold this office for a period of two
(2) years and shall take office bi-annually from August 1, 1999. If
for any reason a Municipal Judge vacates this office, a successor
shall complete that term of office, even if the same be for less than
two (2) years.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No.
2073, 2-13-2008]
A.
The
Municipal Judge shall vacate the 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,
2.
Upon attaining his/her seventy-fifth (75th) birthday, or
3.
If he/she should lose his/her license to practice law within the
State of Missouri.
4.
Mayor and/or Council choose not to reappoint.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court,
and the Judge and Court personnel of said Court shall obey his/her
directives.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The Municipal Judge shall cause to be prepared within the first
(1st) 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 in 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 City
Administrator for examination. The Municipal Court shall, within the
ten (10) days after the first (1st) of the month, pay to the Municipal
Treasury the full amount of all fines collected during the preceding
months, if such amounts have not previously been paid.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The Municipal Judge shall be a conservator of the peace. The
Judge, with the assistance of a Court Clerk, an employee of the City,
shall keep a docket in which is entered every case commenced before
him/her and the proceedings therein and shall keep such other records
as may be required. Such docket and records shall be records of the
Circuit Court of Ray County. The Municipal Judge shall deliver the
docket and records of the Municipal Court, and all books and papers
pertaining to this office, to any successor in office or to the Presiding
Judge of the Circuit.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a 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/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.
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, State Statutes, or
the local rules of the Eighth Judicial Circuit Court.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, the rules of
the Supreme Court, this Code or other ordinances of this City.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
Should the Municipal Judge determine that there shall be a Violations
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 Violations Clerk for said Bureau, if established.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police or any other Police Officer of the City. The warrant
shall be executed by the Chief of Police or Police Officer within
the City 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.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The Chief of Police or other Police Officer of the City may,
without a warrant, make arrest of any person who commits an offense
in the officer's presence, but such officer shall, before the trial,
file a written complaint with the Judge hearing violations of municipal
ordinances.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by a jury, as in prosecutions
for misdemeanors before an Associate Circuit Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No.
2073, 2-13-2008]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and necessary expenses
incurred in such prosecutions shall be paid by the City. The compensation
of such attorney shall not be contingent upon the result in any case.
[Ord. No. 2073, 2-13-2008]
A.
Selection Of Prosecutor. The prosecutor of the City's Municipal
Court shall be known as the Richmond Municipal Prosecutor of the Eighth
Judicial Circuit Court and shall be selected as follows:
The Municipal Prosecutor shall be appointed to this position
by the Mayor with consent of at least two-thirds (⅔) of the
elected Council.
B.
Qualifications. The Municipal Prosecutor shall possess the
following qualifications before he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri.
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 a Municipal Prosecutor for any other municipality.
6.
He/she may not hold any other office within the City Government.
7.
The Municipal Prosecutor shall be considered holding a part-time
position and as such may accept other employment.
C.
Term Of Office. The Municipal Prosecutor shall hold this
office for a period of two (2) years and shall take office biannually
from August 1, 2008. If for any reason a Municipal Prosecutor vacates
this office, a successor shall complete that term of office, even
if the same be for less than two (2) years.
D.
Vacation Of Office. The Municipal Prosecutor shall vacate
the office under the following circumstances:
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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 the Court on
the day set the trial to testify in the case and enter the names of
such witnesses on the docket, which oral notice shall be valid as
a summons.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
If, in the progress of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to be put upon 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 as Municipal Judge and cause the complaint to
be made before some Associate Circuit Judge within the County.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No.
2398 §II, 9-13-2016]
A.
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 or other appropriate detention facility, and it
shall be the duty of the Sheriff, if space for the prisoner is available
in the County Jail or other appropriate detention facility, 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 prisoner
in his/her custody. The same shall be taxed to the defendant as costs.
B.
The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine for a minor traffic violation or municipal ordinance violation, as defined in Sections 100.100(D)(1) and 100.100(E)(1) of this Code and Section 479.350, RSMo., unless such non-payment violates terms or probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Municipal Judge.
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 an order 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.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
The defendant shall have a right to trial de novo in all cases
tried before the Municipal Court except where there has been a plea
of guilty or where the case has been tried with a jury. Trial de novo
shall be before a Circuit Judge or on assignment before an Associate
Circuit Judge. An application for a trial de novo shall be filed within
ten (10) days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court rules.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
In all cases in which a jury trial has been demanded, the Municipal
Judge shall certify the case to the Presiding Judge of the Circuit
for assignment.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, 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. All monies recovered in such actions
shall be paid over to the municipal Treasury to the General Revenue
Fund of the municipality.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
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 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 except for cause.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
If a Municipal Judge be absent, sick or disqualified from acting,
the Mayor may designate some competent, eligible person to act as
Municipal Judge until such absence or disqualification shall cease,
or the Mayor may request the Presiding Judge of the Circuit to appoint
a special Municipal Judge, as provided by State law.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
A.
The
City Administrator shall designate a person as the Clerk of the Municipal
Court. The duties of said Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be described
and the Court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violations Bureau cases or as directed by the
Municipal Judge; generally acting as Violations Clerk of the Violations
Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
Practice and Procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City of the municipality which shall constitute
prima facie evidence of such ordinance before the Court. Further,
to maintain a similar certified copy on file with the Clerk serving
the Circuit Court of this County.
[Ord. No. 1662 §§1 —
2, 4-28-1999; Ord. No.
1680 §1, 10-13-1999; Ord. No. 1802 §I, 9-26-2001]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
In all cases except those for non-moving designated violations, costs
for training of Police Officers in the amount of three dollars ($3.00).
3.
Domestic violence shelter fund surcharge in the amount of two dollars
($2.00).
4.
Crime victims' compensation surcharge in the amount of seven dollars
fifty cents ($7.50).
5.
Recoupment of arrest costs for violations of municipal ordinances
involving drug or alcohol offenses, pursuant to Section 577.048, RSMo.
6.
Other costs, such as for the issuance of a warrant, a commitment
or a summons as provided before the Associate Circuit Judge in criminal
prosecutions.
7.
Actual costs assessed against the City by the detention facility
for apprehension or confinement in the County Jail.
8.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(both directions) in order to serve any warrant to commitment or order
of this Court.
9.
Any person convicted of an intoxication-related offense, as defined
by Section 577.023, RSMo., shall have a judgement entered against
the defendant in favor of the Spinal Cord Injury Fund in the amount
of twenty-five dollars ($25.00) which shall be paid to the State Treasury
in accordance with Sections 488.010 to 488.020, RSMo.
[CC 1974 §15-9.1; Ord. No. 1474 §2, 8-26-1992]
A.
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Sections 342.020 and 342.030 (alcohol- or drug-related traffic offenses), the court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B.
Such
costs shall include the reasonable cost of making the arrest, including
the cost of any chemical tests to determine the alcohol or drug content
of the person's blood, and the cost of processing, charging, booking
and holding such person in custody.
C.
Law
enforcement authorities may establish a schedule of such costs for
submission to the court; however, the court may order the costs reduced
if it determines that the schedule of costs is excessive given the
circumstances of the case or for good cause shown.
D.
These
fees shall be calculated as additional costs by the Municipal Court
and shall be collected by the court in the same manner as other costs
and fees are collected and remitted to the City Collector.
E.
The
City Collector shall retain these fees in a separate fund known as
the "DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement
Fund shall be appropriated by the City Council to law enforcement
authorities from such fund in amounts equal to those costs so incurred
and shall be specifically used to enhance and support the enforcement
and prosecution of alcohol- and drug-related traffic laws within the
City.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the Municipal Judge assessing the fine
to provide for the payment of a fine on an installment basis under
such terms and conditions as the Municipal Judge may deem appropriate.
[Ord. No. 1662 §§1 —
2, 4-28-1999]
In the event of a conflict between this Chapter and the laws
of this State or the rules of the Supreme Court of Missouri, as now
existing or hereinafter amended, then the laws of this State or the
rules of the Supreme Court shall control, and the remainder of this
Chapter shall remain in full force and effect.
