[R.O. 2009 §15-16; Code 1969 §23-2]
The Municipal Judge shall be a resident of the City.
[R.O. 2009 §15-17; Code 1969 §23-1]
The Municipal Judge of the City shall be elected for the term
and in the manner provided by law.
[R.O. 2009 §15-19; Code 1969 §23-26]
The Municipal Judge shall establish such rules of procedure
for the Municipal Court as he/she shall deem necessary to ensure justice
to all parties and witnesses appearing in the Court.
[R.O. 2009 §15-20; Code 1969 §1-11]
A. The
Municipal Judge shall have the power, in his/her discretion, when
satisfied that any person against whom a fine has been assessed or
a jail sentence imposed by the Municipal Judge, will, if permitted
to go at large, not again violate the law, parole such person and
permit him/her to go at large upon such conditions and under such
restrictions as the Municipal Judge shall see fit to impose. The Municipal
Judge may at any time, without notice to such person, terminate such
parole by simply directing execution to issue on the judgment, or,
in case the person shall have been actually confined in the holding
facility, the parole may be terminated by directing the Chief of Police
or any Police Officers of the City to retake such person under the
commitment already in his/her hands. After a parole has been terminated
as above provided, the Municipal Judge may, in his/her discretion,
after the payment of all costs in the case, grant a second (2nd) parole,
but not more than two (2) paroles shall be granted the same person
under the same judgment of conviction. If a parole shall be terminated,
the time such person shall have been at large on parole shall not
be deducted from the time he/she will be required to serve; but the
full amount of the fine shall be collected or the full time in the
holding facility be served the same as if no parole had been granted.
B. The
Municipal Judge shall also have the power to grant a stay of execution
or to remit all or any part of any fine assessed by him/her or any
jail sentence imposed by him/her against any person, when, in the
opinion of such Municipal Judge, the circumstances involved in the
particular case are such as justify the granting of such stays or
remittances; provided that the Municipal Judge shall exercise this
power only in those cases where it appears necessary to prevent the
imposition of undue hardship or injustices against the person before
the Court; and provided further, that in granting any such stays or
remittances the Municipal Judge may impose any reasonable conditions
or restrictions and if the person receiving such stay or remittance
shall fail to comply with such conditions or restrictions, the original
fine or jail sentence shall immediately be collected or imposed against
such person.
[R.O. 2009 §15-21; Ord. No. 3572 §1, 11-3-1997]
There shall be a second (2nd) Municipal Judge of the City's Municipal Court, to be known as the Provisional Judge, who shall be appointed to his/her position by the Mayor, subject to the confirmation of the Board of Aldermen, to serve at the pleasure of the Mayor and Board of Aldermen. The qualifications for the Provisional Judge shall be those of the Municipal Judge elected pursuant to Article
II of Chapter
125.
[R.O. 2009 §15-22; Ord. No. 3572 §1, 11-3-1997]
Whenever an application for a change of Judge is sustained or
the Municipal Judge disqualifies himself/ herself or in the event
that for any reason the Municipal Judge is unable to attend or preside
at the sessions of the Municipal Court, he/she shall refer the case
to the Presiding Judge of the 21st Judicial Circuit and request the
appointment of the Provisional Judge to hear the case. The Provisional
Judge shall preside over such case or docket of cases to which the
Municipal Judge is thus unable to attend.
[R.O. 2009 §15-23; Ord. No. 3572 §1, 11-3-1997]
The Provisional Municipal Judge shall be subject to and have
the powers and duties affecting the elected Municipal Judge as provided
in this Code.
[R.O. 2009 §15-24; Ord. No. 3572 §1, 11-3-1997]
The compensation of the Provisional Judge shall be set by the
Board of Aldermen from time to time.
[R.O. 2009 §15-25; Ord. No. 3572 §1, 11-3-1997]
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, whether elected or appointed provisionally, and Court
personnel of said Court shall obey his/her directives.
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury as in prosecutions
for misdemeanors before an Associate Circuit Court Judge. Whenever
a defendant accused of a violation of a municipal ordinance has a
right to and demands such trial by jury, the Municipal Court shall
certify the case to the Presiding Judge of the Circuit Court for reassignment.
It shall be the duty of an attorney designated by the City 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 his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
number of cases tried, the number of guilty verdicts reached, or the
amount of fines imposed or collected.
[Ord. No. 5115, 3-4-2024]
A. A person
commits the offense of failure to appear in Municipal Court if:
1. He/she has been issued a summons for a violation of any ordinance
of the City of Brentwood and falls to appear before the Judge of the
Municipal Court at the time and on the date on which he/she was summoned,
or at the time or on the date to which the case was continued;
2. He/she has been released upon recognition of bond and fails to appear
before the Judge of the Municipal Court at the time and on the date
on which he/she was summoned, or at the time or on the date to which
the case was continued;
3. He/she has been placed on Court supervised probation and fails to
appear before the Judge of the Municipal Court at the time specified
by said Judge as a condition of the probation.
B. Subsection
(A) of this Section shall not apply to violations classified as minor traffic violations as defined in Section 479.350, RSMo., to wit: a municipal traffic ordinance violation that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the Department of Revenue or the Department of Revenue is authorized to assess one (1) to four (4) points to a person's driving record upon conviction. Minor traffic violation shall include amended charges for any minor traffic violation. Minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.
C. Nothing
in this Section shall prevent the Municipal Judge from issuing warrants
pursuant to Missouri Supreme Court Rule 37, or from exercising the
Court's authority to impose punishment for contempt of court when
and as permitted by law.