[Ord. No. 1132 §1, 3-21-2007]
The official prosecuting violations of the ordinances of the
City of Dardenne Prairie in the Municipal Court of the City of Dardenne
Prairie shall be called "The Municipal Prosecuting Attorney".
[Ord. No. 1132 §1, 3-21-2007]
The person now acting and hereafter designated as Municipal
Prosecuting Attorney is hereby deemed to be an officer of the City
of Dardenne Prairie under Section 79.230, RSMo. All Assistant Municipal
Prosecuting Attorneys are not deemed to be officers of the City of
Dardenne Prairie under Section 79.230, RSMo.
[Ord. No. 1132 §1, 3-21-2007]
No appointment shall be made for the hiring of the Municipal
Prosecuting Attorney for the City of Dardenne Prairie unless said
appointment is made upon the nomination by the Mayor and with consent
and approval of the majority of the members of the Board of Aldermen.
The term of the Municipal Prosecuting Attorney shall be indefinite.
[Ord. No. 1132 §1, 3-21-2007]
The Municipal Prosecuting Attorney may be removed from such
office only in accordance with Section 79.240, RSMo.
[Ord. No. 1132 §1, 3-21-2007]
It is the duty of the Municipal Prosecuting Attorney to diligently
prosecute violations of the ordinances of the City of Dardenne Prairie
in the Municipal Court of the City and all divisions of the Circuit
Courts of the State of Missouri.
[Ord. No. 1132 §1, 3-21-2007]
The Municipal Prosecuting Attorney is authorized to designate not more than three (3) Assistant Municipal Prosecuting Attorneys who may from time to time act in the place and stead of the Municipal Prosecuting Attorney, and such Assistant Municipal Attorney shall possess all qualifications set forth in Section 125.410 of this Article. One (1) of the appointed Assistant Municipal Prosecuting Attorneys shall be designated by the Municipal Prosecuting Attorney as "First Assistant Municipal Prosecuting Attorney". In the event of the death, resignation or termination of the Municipal Prosecuting Attorney, the First Assistant Municipal Prosecuting Attorney shall become the Acting Municipal Prosecuting Attorney and serve in such capacity until a Municipal Prosecuting Attorney is appointed by the Mayor with the consent and approval of a majority of all the members of the Board of Aldermen. The Municipal Prosecuting Attorney shall, by appropriate written communication, provide the Judge of the Municipal Court the name, home address, office address and telephone numbers of all Assistant Municipal Prosecuting Attorneys, together with the effective date of the appointment of such Assistant Municipal Prosecuting Attorneys, and shall advise the Judge of the Municipal Court of the effective date of the termination of any Assistant Municipal Prosecuting Attorney. The notice of appointment or termination of an Assistant Municipal Prosecuting Attorney shall be spread upon the official records of the Municipal Court of the City of Dardenne Prairie and the Judge thereof shall take judicial notice of such appointment or termination. All Assistant Municipal Prosecuting Attorneys shall be under the supervision of the Municipal Prosecuting Attorney and serve at the pleasure of the Municipal Prosecuting Attorney.
[Ord. No. 1132 §1, 3-21-2007]
No person shall be appointed as the Municipal Prosecuting Attorney
or Assistant Municipal Prosecuting Attorney or remain in such office
or capacity, unless such person is a member in good standing of the
Missouri Bar and licensed to practice law in the State of Missouri.
[Ord. No. 1132 §1, 3-21-2007]
The Municipal Prosecuting Attorney and any Assistant Municipal
Prosecuting Attorney shall be compensated for services rendered as
provided by ordinance. No Assistant Municipal Prosecuting Attorney
shall receive a compensation greater than the schedule of compensation
for the Municipal Prosecuting Attorney.
[Ord. No. 1132 §1, 3-21-2007]
It shall be unlawful for the Mayor, an Alderman, the City Administrator
or any other appointed or elected officer of the City of Dardenne
Prairie or any employee of the City of Dardenne Prairie to demand
of the Municipal Prosecuting Attorney, the Assistant Municipal Prosecuting
Attorney or the Judge of the Municipal Court that a person standing
accused before the Municipal Court of the City of Dardenne Prairie
or the Circuit Court of the State of Missouri be granted leniency
or harsh treatment with respect to the charge or penalty for such
charge against such accused, or that the charge or charges against
such person be dismissed. Any person found guilty of violating this
Section shall be deemed guilty of a misdemeanor and punished in accordance
with the ordinances of the City of Dardenne Prairie pertaining to
misdemeanors. Nothing contained in this Section shall prevent or prohibit
any of the Dardenne Prairie elected officials, officers or employees
from appearing in the Municipal Court as a sworn witness on behalf
of any accused person and testifying as to the good or bad moral character
or reputation of any person standing accused before the City's Municipal
Court in open court during the trial of such accused person. Nothing
contained in this Section shall constitute a limitation on the Municipal
Prosecuting Attorney making recommendations to the Municipal Judge
as to guilt, innocence or penalty as to any accused person.
