Section 135.120 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[CC 1983 §18-1; Ord. No. 577 §1, 1-8-1979]
There is hereby established in this City a Municipal Court to be known as the "Caruthersville Municipal Court, a Division of the Thirty-Fourth Judicial Circuit Court of the State of Missouri." This Court is a continuation of the police court of the City as previously established, and is termed herein "the Municipal Court."
[CC 1983 §18-2; Ord. No. 577 §2, 1-8-1979]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[CC 1983 §18-3; Ord. No. 577 §6, 1-8-1979]
The Municipal Court 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 County Circuit Court.
[CC 1983 §18-4; Ord. No. 577 §7, 1-8-1979]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating 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 costs, the names of the defendants committed to jail and the cases where there was an application for a trial de novo respectively.
The report shall be prepared, under oath, by the Municipal Court Clerk or the Municipal Judge.
The report shall be filed with the City Clerk who shall thereafter forward the same to the City Council for examination at its first session thereafter. All reports and records shall remain on file and shall be subject to inspection by the Presiding Judge of the County Circuit Court.
[CC 1983 §18-5; Ord. No. 577 §10, 1-8-1979]
All warrants issued by a Municipal Judge shall be directed to the City Marshal or any other Police Officer of the municipality, or to the Sheriff of the County. The warrant shall be executed by the Marshal, Chief of Police, Police Officer or Sheriff at 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 under the laws of the State.
[CC 1983 §18-6; Ord. No. 577 §11, 1-8-1979]
The City Marshal or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall before the trial file a written complaint with the Judge hearing violations of municipal ordinances.
[CC 1983 §18-7; Ord. No. 577 §12, 1-8-1979]
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 Judge.
[CC 1983 §18-8; Ord. No. 577 §13, 1-8-1979]
It shall be the duty of the City Attorney to prosecute the violations of the City's ordinance 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 result of any case.
[CC 1983 §18-9; Ord. No. 577 §15, 1-8-1979]
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 him/her on the day set for trial to testify in the case, and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.
[CC 1983 §18-10; Ord. No. 577 §16, 1-8-1979]
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 before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.
[CC 1983 §18-11; Ord. No. 577 §17, 1-8-1979]
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, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, 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 prisoners in his/her custody. The same shall be taxed as cost.
Section 135.120 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
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 a certificate explicitly stating the conditions on which he/she is being released.
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:
Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge; and
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.
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.
The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
In any case tried before a Municipal Judge who is not licensed to practice law in this state, the defendant shall have a right to trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
In any case tried before a Municipal Judge who is licensed to practice law in this State or before an Associate Circuit Judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Judge or upon 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 Rule.
In any case tried with a jury before an Associate Circuit Judge a record shall be made and appeals may be had upon that record to the appropriate appellate court.
The supreme court may provide by rule what record shall be kept and may provide that it be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.
[CC 1983 §18-14; Ord. No. 577 §20, 1-8-1979]
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.
[CC 1983 §18-15; Ord. No. 577 §21, 1-8-1979]
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 same shall be deemed forfeited and 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. Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge. All monies recovered in such actions shall be paid over to the Municipal Treasury to the General Revenue Fund of the municipality.
[CC 1983 §18-16; Ord. No. 577 §22, 1-8-1979]
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 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 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.
[Ord. No. 2012-03 §4, 3-19-2012; Ord. No. 2012-07 §3, 9-17-2012]
If the Municipal Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court, the Mayor may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or in cases of circumstances making it impossible to reach the Presiding Judge of the Circuit Court in a timely manner, the Mayor may designate some competent, eligible person to act as Municipal Court Judge until the Presiding Judge of the Circuit Court can designate a special Municipal Judge as provided for under Subsection (B) of this Section.
The Presiding Judge of the Circuit Court may appoint the Associate Municipal Judge or any other Municipal Judge within the Circuit to act as a special interim Municipal Judge in the event the Municipal Judge is absent, sick or disqualified from acting.
The City Council shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[CC 1983 §18-18; Ord. No. 577 §24, 1-8-1979]
There shall be a Municipal Division Clerk and such additional clerical staff as is necessary to aid the Municipal Division Clerk. The Municipal Division Clerk under the supervision of the Municipal Judge and with the aid of other clerical personnel, shall have the following duties:
The duties provided for municipal divisions by Subsection (1) of Section 479.060, RSMo.
To collect such fines for such violations of such offenses as may be described and the court costs thereof.
To take oaths and affirmations.
To accept signed complaints and allow the same to be signed and sworn to or affirmed before him/her.
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
To accept the appearance, waiver of trial and pleas of guilty and payment of fine and costs in the Traffic Violations Bureau or as directed by the Municipal Judge, generally act as Violation Clerk of the Traffic Violations Bureau.
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 in Municipal and Traffic Courts and by statute.
[CC 1983 §18-19; Ord. No. 577 §25, 1-8-1979]
The Municipal Court Clerk shall be paid a salary as established by the Council from time to time.
[CC 1983 §18-20; Ord. No. 577 §27, 1-8-1979]
The Clerk of the Municipal Court shall be appointed by the Mayor with the approval and consent of the City Council.
[CC 1983 §18-21; Ord. No. 577 §26, 1-8-1979; Ord. No. 611 §§2 — 5, 10-6-1980; Ord. No. 802 §§1 — 2, 12-2-1996; Ord. No. 2009-10 §2, 4-6-2009]
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases, the following:
Costs of court in the amount of twelve dollars ($12.00).
Court costs to be used in the training of peace officers as set out herein:
In addition to any fine or other costs that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases, except those for non-moving traffic violations, the sum of two dollars ($2.00) for the training of Peace Officers. This fee shall be transmitted monthly to the Treasurer of the City.
An additional one dollar ($1.00) shall be assessed as costs in all cases, except those for non-moving traffic violations. This fee shall be deposited with the Treasurer of the State in the Peace Officer Standards and Training Commission Fund, to be used statewide for the training of Peace Officers.
Other costs, such as for the issuance of a warrant, a commitment, or a summons, as provided before Associate Circuit Judges in criminal prosecutions.
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
An additional sum of five dollars ($5.00) shall be assessed and added in each case in which a defendant pleads guilty, or is found guilty, for violation of any ordinance involving an intoxication-related traffic offense. All sums collected pursuant to this Subsection shall be distributed on a monthly basis to the Director of Revenue of the State of Missouri to be placed to the credit of the Independent Living Center Fund established by Section 178.653, RSMo.
Reimbursement of certain costs of arrest.
Upon a plea or a finding of guilty for a first offense of violating the provisions of an ordinance of the City of Caruthersville, involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.
The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
Upon receipt of such additional costs authorized by this Section, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies with such fund shall be appropriated by the City Council to the Police Department in amounts equal to those costs so collected and shall be used by such Department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
State Court Automation Fund, seven dollars ($7.00).
The court costs in all cases shall not be suspended unless at the request of the City.
The Marshal of the City shall collect all court costs as taxed and shall safely keep such monies.
At the first (1st) meeting of the Council in each month, the Marshal shall make a full and detailed report of such court costs collected by him/her during the preceding month, stating when it was collected, from whom, the amount, the balance remaining and from whom the same is due.
The Marshal shall pay over to the City all court costs in accordance with the provisions established in the ordinances for fines.
A fund is hereby established to be called, "Law Enforcement Training Fund" and four dollars ($4.00) of all court costs taxed in each case shall be deposited in such fund and in addition, in all cases involving moving traffic violations, the additional two dollars ($2.00) court costs taxed shall be deposited in such fund. All monies deposited in such fund shall be used for training City Police Officers and may not be used for any other purpose.
[CC 1983 §18-22; Ord. No. 577 §28, 1-8-1979]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause from malicious motives.
[CC 1983 §18-23; Ord. No. 577 §29, 1-8-1979]
When a fine is assessed for violating an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis, under such terms and conditions as he/she may deem appropriate.
[Ord. No. 766 §§1 — 5, 3-21-1994]
There is hereby authorized the creation, funding and use of a fund to be known as the "Caruthersville Criminal Investigation Fund" to be used to provide for and accommodate all of the purposes and considerations hereinafter set forth in this Section.
Funding Of Fund. The funding of the account known as the "Caruthersville Criminal Investigation Fund" shall be by payments required as a special condition of probation hereafter to be afforded by the Municipal Judge in certain cases brought before the Municipal Court in the discretion of the Municipal Judge of the City of Caruthersville, Missouri.
Use Of Fund. The authorized use of the monies hereafter accumulated in said Fund shall be limited to the following purposes:
Payment of expert witness fees;
Payment of rewards;
Payment for transcripts;
Payment of fees and costs incurred in the laboratory analysis of physical evidence;
Payment of expenses incurred for special investigators and/or prosecutors in connection with particular cases or classes of cases maintained through the office of the City Prosecutor;
Payment of expenses and costs incurred by victims, witnesses, investigative officers and prosecutorial officials reasonably related to the investigation, preparation, trial and disposition of cases wherein venue for the prosecution of the offense or incident would lie within the City of Caruthersville, Missouri.
Maintenance Of Fund. The Fund herein created will be maintained at an appropriate financial institution located within the City of Caruthersville, Missouri, as may be agreed by a majority of the authorized signatories for the account; and the account so created shall be maintained upon a signature card bearing the signatures of the parties hereafter named, and withdrawals from the account shall be authorized only upon signatures affixed by no less than two (2) of the authorized signatories who are:
Collection, Interest And Accounting. All funds collected shall be receipted through and by the Clerk of the Municipal Court of the City of Caruthersville, Missouri; the account herein created and into which said funds are deposited shall be an interest bearing account and all interest received shall follow the account; and, an accounting of this Fund shall be made annually to the City Council of the City of Caruthersville, Missouri.
[CC 1983 §18-24; Ord. No. 624 §§1 — 2, 5-17-1982; Ord. No. 2008-16 §1, 10-6-2008]
[CC 1983 §18-36; Ord. No. 577 §3, 1-8-1979; Ord. No. 2012-03 §2, 3-19-2012; Ord. No. 2012-07 §1, 9-17-2012]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the Thirty-Fourth Judicial Circuit Court and shall be selected as follows:
Upon the completion of the term of office by the current elected Municipal Judge, or upon a vacancy in such office, all subsequent Municipal Judges shall be selected by appointment by the Mayor, with the consent and approval of a majority of the members elected to the City Council. Such appointments shall be made at the first (1st) regular meeting of the City Council held in the month of May of each even-numbered year. Any person so appointed shall hold office for a term of two (2) years and until his/her successor has been duly appointed and qualified.
If a vacancy occurs in the office of Municipal Judge, the Mayor, with the consent and approval of a majority of the members of the City Council, shall appoint a qualified person to serve as Municipal Judge for the remainder of the unexpired two (2) year term of office.
The Mayor, with the consent and approval of a majority of the members elected to the City Council, is hereby authorized to appoint an Associate Municipal Judge of the Caruthersville Municipal Division of the Thirty-Fourth Judicial Circuit Court. Such Associate Municipal Judge shall be a Municipal Judge of the Thirty-Fourth Judicial Circuit Court and shall serve as the acting Municipal Judge for the City upon appointment by the Circuit Court Judge pursuant to Section 135.170 of this Code. Such Associate Municipal Judge shall serve for a term of two (2) years and until his/her successor has been duly appointed and qualified. Such Associate Municipal Judge shall be compensated in accordance with the salary schedule established by ordinance for compensation of the Municipal Judge during all periods the Associate Municipal Judge is actively serving as the Municipal Judge pursuant to an order of the Circuit Court. No salary shall be paid during any period the Associate Municipal Judge is not actively serving as Municipal Judge pursuant to order of the Circuit Court.
[CC 1983 §18-37; Ord. No. 577 §4, 1-8-1979]
The Municipal Judge shall vacate his/her office under the following circumstances:
[CC 1983 §18-38; Ord. No. 577 §5, 1-8-1979; Ord. No. 816 §1, 11-3-1997; Ord. No. 2012-03 §3, 3-19-2012; Ord. No. 2012-07 §2, 9-17-2012]
The Municipal Judge, and any person appointed as Associate Municipal Judge, shall possess the following qualifications before he/she shall take office or continue in office as the case may be:
He/she must reside within the City;
He/she must be a resident of the State;
He/she shall be at least twenty-one (21) years of age;
All Municipal Judges appointed subsequent to the Judge elected at the municipal election on April 3, 2012 shall be licensed to practice law in the State of Missouri;
No person shall serve as Municipal Judge after that person has reached that person's seventy-fifth (75th) birthday;
He/she may not hold any other public office within the City Government;
The Municipal Judges shall be considered holding a part-time position, and as such, may accept other employment within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2.
[CC 1983 §18-39; Ord. No. 577 §8, 1-8-1979]
The Municipal Judge shall be a conservator of the peace.
[CC 1983 §18-40; Ord. No. 577 §8, 1-8-1979]
The Municipal Judge shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and shall keep such other records as may be required by law. Such docket and record shall be records of the Circuit Court of the County. The Municipal Judge shall deliver the docket and the records of the Municipal Court, and all books and papers pertaining to his/her office to his/her successor in office or to the Presiding Judge of the County Circuit Court.
[CC 1983 §18-41; Ord. No. 577 §9, 1-8-1979]
The Municipal Judge shall be and is hereby authorized to:
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.
Commute the term of any sentence, stay execution of any fine or sentence or 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.
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 determine matters pending before the Municipal Court and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal Traffic Courts.
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 1983 §18-42; Ord. No. 577 §14, 1-8-1979]
The salary of the Municipal Judge shall be as established by the Council from time to time and such salary shall not be contingent upon the results in any case.