[Ord. No. 195 §1, 1-4-1979]
There is hereby established in this City a Municipal Court,
to be known as the St. Robert Municipal Court, a Division of the 25th
Judicial Circuit Court of the State of Missouri. This court is a continuation
of the Municipal Court of the City as previously established, and
is termed herein "the Municipal Court".
[Ord. No. 4068, 6-4-2024]
A. The
Board of Aldermen of the City of St. Robert find that it is in the
best interests of the City of St. Robert that the City ordinance violations
be heard and determined by a Pulaski County Associate Circuit Judge
rather than a Municipal Court Judge.
B. Pursuant
to Section 479.040, RSMo., the Board of Aldermen elects that an Associate
Circuit Judge of the Twenty-Fifth Judicial District located in the
City of Waynesville, County of Pulaski, shall hear and determine violations
of ordinances of the City of St. Robert.
C. The
City Counselor is authorized to request of the Presiding Judge on
the Circuit that Associate Circuit Judges commence hearing municipal
ordinances violations sooner than the six (6) months set forth in
Section 479.040(2).2, RSMo.
D. The
City Counselor is authorized to give written notice to the Presiding
Judge of the Twenty-Fifth Judicial District of this election by the
Board of Aldermen.
E. The
City Counselor is authorized to take all actions necessary to effectuate
this election.
[Ord. No. 195 §2, 1-4-1979]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 195 §3, 1-4-1979; Ord.
No. 2277 §1, 5-3-2010]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 25th Judicial Circuit Court and shall be selected
as follows:
He/she shall be appointed to the position by the Mayor with
the consent and approval of a majority of the Board of Aldermen for
a two (2) year term as specified herein. A vacancy in the position
shall be filled in a like manner to fill any unexpired term.
[Ord. No. 195 §4, 1-4-1979; Ord.
No. 870 §2, 4-10-2000; Ord. No. 2277 §2, 5-3-2010]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office bi-annually from the day after
the appointment is approved by the Board of Aldermen. If for any reason
a Municipal Judge vacates his/her office, his/her successor shall
complete the term of office, even if the same be less than two (2)
years.
[Ord. No. 195 §5, 1-4-1979]
A. The
Municipal Judge shall vacate his/her 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 attaining his/her seventy-fifth (75th) birthday.
[Ord. No. 195 §6, 1-4-1979; Ord.
No. 2277 §3, 5-3-2010]
A. The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1. He/she must be a resident of the State of Missouri and Pulaski County.
2. He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
3. He/she may also serve as Municipal Judge for other municipalities.
4. He/she may not hold any other elected office within the City Government
of the City of St. Robert.
5. 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.
6. He/she must comply with all Supreme Court directives on courses of
instruction.
7. Within six (6) months after selection for the position, each Municipal
Judge who is not licensed to practice law in this State shall satisfactorily
complete the course of instruction for Municipal Judges prescribed
by the Supreme Court. The State Courts Administrator shall certify
to the Supreme Court the names of those Judges who satisfactorily
complete the prescribed course. If a Municipal Judge fails to complete
satisfactorily the prescribed course within six (6) months after the
Municipal Judge's selection as Municipal Judge, the Municipal Judge's
office shall be deemed vacant and such person shall not thereafter
be permitted to serve as a Municipal Judge, nor shall any compensation
thereafter be paid to such person for serving as Municipal Judge.
8. Upon the City of St. Robert reaching a population of seven thousand
five hundred (7,500) persons or more, the Municipal Judge shall be
a licensed attorney, qualified to practice law within the State of
Missouri. A non-lawyer Judge serving as Municipal Judge shall be permitted
to serve the remainder of their term.
[Ord. No. 195 §7, 1-4-1979]
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. 2277 §4, 5-3-2010]
A. The
Mayor may appoint a person to serve in the position of Senior Judge,
with the consent of the majority of the Board of Aldermen.
B. All
ordinances, rules, qualifications, terms of office and regulations
applicable to the Municipal Judge shall apply to the position of Senior
Judge except that no person may be appointed Senior Judge without
previously serving at least two (2) years as the Municipal Judge for
the City of St. Robert.
C. The
salary of the Senior Municipal Judge shall be the same as the Municipal
Judge.
[Ord. No. 195 §9, 1-4-1979]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in which he/she shall enter every case commenced
before him/her and the proceedings therein and he/she shall keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of Pulaski County. The Municipal Judge
shall deliver the docket and 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 Circuit Court.
[Ord. No. 195 §10, 1-4-1979]
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, 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. The Municipal
Judge shall have the power to establish rules and regulations of the
Municipal Court and the Violations Bureau, provided however, said
rules and regulations shall not be in conflict with the rules of the
Circuit Court of the 25th Judicial Circuit or the Missouri Supreme
Court Rules.
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 section
or other ordinances of this City.
6. The salary of the Municipal Judge shall be set by the Board of Aldermen
and paid by the City.
[Ord. No. 195 §11, 1-4-1979]
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 Municipal Judge shall designate who is to serve as
the Violations Clerk for said Bureau, if established.
[Ord. No. 195 §12, 1-4-1979]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police, or any other Police Officer of the municipality
or to the Sheriff of the County. The warrant shall be executed by
the Chief of Police, Police Officer, or Sheriff 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. 195 §13, 1-4-1979]
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 his/her presence, but such officer shall, before the trial, file
a written complaint with the Judge hearing violations of municipal
ordinances.
[Ord. No. 195 §14, 1-4-1979]
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. 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, as provided in Section 2 of
Section 517.520, RSMo.
[Ord. No. 195 §15, 1-4-1979]
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 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 in any case.
[Ord. No. 195 §16, 1-4-1979]
It shall be the duty of the Municipal Judge or the Municipal
Court Clerk 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 duty 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.
[Ord. No. 195 §17, 1-4-1979]
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.
[Ord. No. 195 §18, 1-4-1979]
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. 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 as cost.
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 a certificate 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:
1. Restitution to the victim or any dependent of the victim in an amount
to be determined by the Judge; and
2. The performance of a designated amount of free work for a public
or charitable purpose, or purposes, as determined by the Judge.
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. 195 §20, 1-4-1979]
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, the defendant shall have a right of trial de novo, 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. 195 §21, 1-4-1979]
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.
[Ord. No. 195 §22, 1-4-1979]
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
City Attorney shall cause the same to be prosecuted against the principal
and surety or either of them, in the name of municipality as plaintiff.
Such action shall be prosecuted before a Circuit Judge or Associate
Circuit Judge, and shall be prosecuted on the transcript of the proceedings
before the Municipal Judge. All monies recovered in such action shall
be paid over to the Municipal Treasury to the General Revenue Fund
of the City.
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any way 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.
[Ord. No. 2277 §5, 5-3-2010]
A. The
Presiding Judge of the Circuit Court may appoint 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. The Presiding Judge shall act only upon request of the
Mayor, or person designated by the Mayor, for a special Municipal
Judge.
B. The
Board of Aldermen shall provide by ordinance for the compensation
of any person designated to act as Municipal Judge under the provisions
of this Section.
[Ord. No. 195 §25, 1-4-1979; Ord.
No. 365 §1, 4-19-1993]
A. The
City Administrator shall designate who is to serve as the Clerk of
the Municipal Court and shall also have the power to designate a Deputy
Clerk to serve in absence of the Clerk. The duties of the Clerk and
the Deputy 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 the Municipal Judge.
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 Violation Bureau cases or as directed by the
Municipal Judge; generally act as Violation Clerk of the Violation
Bureau.
6. Perform all other duties as provided for by ordinances 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 Statutes.
7. Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City or 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. 195 §26, 1-4-1979; Ord. No. 362 §§I — II, 3-1-1993; Ord. No. 434 §§1 — 2, 1-6-1997; Ord. No. 728 §1, 9-1-1999; Ord. No. 1204 §§1 — 3, 11-5-2001; Ord. No. 2063 §§1 — 2, 2-19-2008; Ord. No. 2235 §2, 11-16-2009; Ord. No. 2639 §1, 8-19-2013; Ord. No. 2661 §§1
— 4, 12-2-2013; Ord. No. 3011, 1-10-2017; Ord. No. 3645, 1-26-2021; Ord. No. 3662, 3-16-2021; Ord. No. 3669, 3-23-2021; Ord. No. 4080, 8-13-2024]
A. Definitions.
The following words and phrases, as used in this Chapter, shall have
the following respective meanings:
1. COURT COSTS. The total of fees, miscellaneous charges, and surcharges
imposed in a particular case.
2. FEES. The amount charged for services to be performed by the court.
3. MISCELLANEOUS CHARGES. The amounts allowed by law for services provided
by individuals or entities other than the court.
4. SURCHARGES. Additional amounts payable to the State of Missouri or
other entity or payable to the City for specific designated purposes
that are imposed for specific purposes designated by law and assessed
by the court.
B. Court
Costs Imposed. When a defendant pleads guilty or is convicted, in
addition to any fine that may be imposed, the Municipal Judge shall
assess against the defendant as Court costs the following costs, except
in those cases where the defendant is found by the Judge to be indigent
and unable to pay the costs:
1. Clerk Fees. As set forth in Section 479.260, RSMo., and limited by
Section 488.012, RSMo., if the matter is a municipal ordinance violation
filed before an Associate Circuit Judge, Court costs will be the amount
of fifteen dollars ($15.00).
2. Crime Victims' Compensation Fund. A surcharge of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection
(B)(1) of this Section, for the purpose of the Crime Victims' Compensation Fund established by the State of Missouri, as imposed by Section 595.045, RSMo. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
a. Ninety-five percent (95%) of such fees shall be paid to the State
of Missouri for deposit as provided in Section 595.045.5, RSMo.
b. Five percent (5%) shall be paid to the City Treasury as reimbursement
for the costs of collection of such State-imposed charge.
3. Law Enforcement Surcharges. A surcharge in the total amount of three
dollars ($3.00) is hereby established and assessed in each Court proceeding,
itemized as follows:
a. Peace Officer Standards And Training Surcharge. A surcharge in the
amount of one dollar ($1.00) as imposed by Section 488.5336, RSMo.,
for purposes of the Police Officer Standards and Training Commission
Fund created by Section 590.178, RSMo. Any sums collected pursuant
to this Subsection shall be distributed to the State of Missouri for
deposit to the Police Officer Standards and Training Commission Fund.
b. Law Enforcement Training Surcharge. A surcharge in the amount of
two dollars ($2.00), as imposed by Section 488.5336, RSMo., for training
Law Enforcement Officers:
(1)
If the fee is imposed in a Municipal Court, the surcharge shall
be collected by the Clerk of the Municipal Court responsible for collecting
Court costs and fines and shall be transmitted monthly to the Treasurer
of the City and used to pay for law enforcement training as provided
by Sections 590.100 through 590.180, RSMo. The City shall not retain
for training purposes more than one thousand five hundred dollars
($1,500.00) of such funds for each certified Law Enforcement Officer
or candidate for certification employed by the City. Any excess funds
shall be transmitted quarterly to the City's General Fund.
(2)
If the matter is a municipal ordinance violation filed before
an Associate Circuit Judge, such surcharge shall be deposited with
the Director of Finance who shall place such costs in a special account
to be used for training Law Enforcement Officers.
4. Reimbursement Of Certain Costs Of Arrest (Alcohol-Related Traffic
Offense Cost Recoupment).
a. Upon a plea or a finding of guilty of violating the provisions of Sections
342.020 or
342.030 of this Code or any ordinance of the City of St. Robert 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.
b. 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, as set forth
in Section 488.5334, RSMo.
c. 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.
d. Upon receipt of such additional costs authorized by this Subsection,
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 Board of Aldermen 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.
5. Statewide Court Automation Fund. In addition to any cost which may
be assessed by the municipal division pursuant to Statute, ordinance,
or court rule, in every proceeding filed in the municipal division
for violation of an ordinance when the Statewide court automation
case management system is in operation, a surcharge of seven dollars
($7.00) shall be assessed. The fees shall be forwarded to the Department
of Revenue pursuant to Section 476.056, RSMo.
6. Shelters For Battered Persons. There shall also be assessed a two
dollar ($2.00) cost per case for each criminal case and each County
or municipal ordinance violation case for the purpose of providing
operating expenses for shelters for battered persons as set out in
Section 488.607, RSMo.
7. Inmate Security Fund.
a. The St. Robert Municipal Court shall assess two dollar ($2.00) Court
costs on all criminal cases, pursuant to Section 488.5026, RSMo. This
assessment is in addition to the Court costs presently collected pursuant
to St. Robert City ordinance.
b. All sums collected pursuant to this Subsection shall be paid at least
monthly to the City Treasury. The City Treasurer shall deposit into
the account "Inmate Security Fund." Deposited funds are to be used
for the development of biometric verification systems. Upon installation
of the biometric verification system, funds in the Inmate Security
Fund may be used for the maintenance of the biometric verification
system, and to pay for any expense related to custody and housing
and other expenses for prisoners.
8. Court Costs Prohibited, When. Court costs shall not be assessed when
the case is dismissed or when costs are to be paid by the State, County,
or City.
9. Judicial Waiver Of Court Costs. Nothing in this Section shall be
construed to prohibit or limit the authority of the Municipal Judge
to waive fees, miscellaneous charges, and surcharges imposed in a
particular case, in whole or in part.
[Ord. No. 2956 §§ 1
— 16, 9-20-2016]
A. Defined Terms.
MINOR TRAFFIC VIOLATION IS DEFINED AS
A municipal traffic ordinance violation prosecuted 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)
mph or a violation occurring within a construction zone or school
zone.
MUNICIPAL ORDINANCE VIOLATION (FOR PURPOSE OF THIS ORDINANCE
ONLY) IS DEFINED AS
A municipal ordinance violation prosecuted for which penalties
are authorized by Statute under Sections 64.160, 64.200, 64.295, 64.487,
64.690, 64.895, 67.398, 71.285, 89.120, and 89.490, RSMo. Municipal
ordinance violation shall include amended charges for municipal ordinance
violations.
B. Notwithstanding any provisions to the contrary, the following conditions
shall apply to minor traffic violations and municipal ordinance violations:
1.
The court shall not assess a fine, if combined with the amount
of court costs, totaling in excess of:
a.
Two hundred twenty-five dollars ($225.00) for minor traffic
violations; and
b.
For municipal ordinance violations committed within a twelve-month
period beginning with the first violation: two hundred dollars ($200.00)
for the first municipal ordinance violation, two hundred seventy-five
dollars ($275.00) for the second municipal ordinance violation, three
hundred fifty dollars ($350.00) for the third municipal ordinance
violation, and four hundred fifty dollars ($450.00) for the fourth
and any subsequent municipal ordinance violations:
C. The court shall not sentence a person to confinement, except the
court may sentence a person to confinement for any violation involving
alcohol or controlled substances, violations endangering the health
or welfare of others, or eluding or giving false information to a
law enforcement officer.
D. A person shall not be placed in confinement for failure to pay a
fine unless such non-payment violates terms of probation, or unless
the due process procedures mandated by Missouri Supreme Court Rule
37.65 or its successor rule are strictly followed by the court.
E. Court costs that apply shall be assessed against the defendant unless
the court finds that the defendant is indigent based upon standard
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Supreme Court.
F. No court costs shall be assessed if the defendant is found to be indigent under Subsection
(E) above or if the case is dismissed.
G. Defendants in custody pursuant to an initial arrest warrant issued
by a municipal court have an opportunity to be heard by a judge in-person,
by telephone, or videoconferencing as soon as practicable and not
later than forty-eight (48) hours on minor traffic violations and
not later than seventy-two (72) hours on other violations, and if
not given the opportunity, are released.
H. Defendants in municipal custody shall not be held for more than twenty-four
(24) hours without a warrant after arrest.
I. Defendants will not be detained in order to coerce payment of fines
and costs unless found to be in contempt after strict compliance by
the court with the due process procedures mandated by Missouri Supreme
Court Rule 37.65 or its successor rule.
J. St. Robert municipal court will allow indigent defendants to present
evidence of their financial condition and will take such evidence
into account if determining fines and costs and establishing related
payment requirements.
K. St. Robert municipal court will only assess fines and costs as authorized
by law.
L. No additional charge will be issued for the failure to appear for
a minor traffic violation.
M. St. Robert municipal court will conduct proceedings in a courtroom
that is open to the public and large enough to reasonably accommodate
the public, parties, and attorneys.
N. St. Robert municipal court will make use of alternative payment plans.
O. St. Robert municipal court will make use of community service alternatives
for which no associated costs are charged to the defendant.
[Ord. No. 195 §27, 1-4-1979]
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 and/or from malicious motives.
[Ord. No. 195 §28, 1-4-1979]
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 a fine on an installment basis under such terms
and conditions as he/she may deem appropriate.