There is hereby established the office of Court Clerk for the
City of Malden Municipal Division of the Dunklin County Circuit Court.
The Court Clerk shall be appointed by the Mayor with the consent
of a majority of the members of the City Council to serve for an unspecified
term at the will of the Mayor and City Council.
The Court Clerk shall attend all sessions of the Malden Municipal
Division of the 35th Judicial Circuit Court and may be required to
be present at the Malden City Hall to perform the duties of the office
at such additional times as the Mayor or City Council may specify.
Compensation for the Court Clerk shall be established by ordinance
from time to time.
Within fifteen (15) days after appointment and before entering
upon the discharge of the above-described duties of office, the Court
Clerk shall give bond to the City in the sum of fifty thousand dollars
($50,000.00) conditioned upon the faithful performance of said duties
and the said Court Clerk will pay over all monies belonging to the
City, as provided by law, that may come into the Court Clerk's hands.
[R.O. 1993 § 150.240; Ord. No.
2501 § I, 6-11-1991]
A. The City Council shall employ an individual in accordance with the
City personnel policy as Clerk of the Municipal Court. The duties
of the 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.
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 act as Violation Clerk of the Violations
Bureau.
6.
Perform all other duties as provided 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.
8.
To maintain the court dockets, court files, and such records
as may be necessary to the proper functioning of the City Court.
9.
To certify proceedings and transfer records to the Circuit Court
of Dunklin County upon order for a change of Judge.
10.
To prepare under the direction of the Municipal Judge a monthly report to the City Council in accordance with Section
125.370 of this Chapter.
B. Municipal Court Clerk — Disbursement Of Monies. The Municipal
Court Clerk shall pay over to the City Collector all monies received
on a weekly basis and shall receive from said Collector a receipt
for all such monies.
[R.O. 1993 § 150.250; Ord. No.
2501 § II, 6-11-1991]