[HISTORY: Adopted 12-13-1999 by Ord. No. 102; amended 9-16-2002 by Ord. No. 170; 10-15-2002 by Ord. No. 171-A; 10-12-2004 by Ord. No. 252; 5-9-2005 by Ord. No. 275; 5-8-2006 by Ord. No. 321; 11-20-2006 by Ord. No. 363; 2-8-2016 by Ord. No. 737. Amendments after 5-13-2020
are noted off of the specific articles, sections or subsections affected.]
A.
Pursuant to Section 479.020 RSMo., as amended, there shall be established
for the City of Moscow Mills, a Municipal Court. There shall be two
divisions established, those being denominated as Municipal Division
I and Municipal Division II. The Municipal Court shall be known as
"The City of Moscow Mills Municipal Court", a Division of the 45th
Judicial Circuit Court of the State of Missouri.
B.
Each Judge of Division I and II shall be selected by the Board of
Alderman, a majority vote of all members being required for his or
her selection. The Municipal Judge may serve as Municipal Judge for
any other municipality. The Municipal Judge shall be considered as
holding a part-time position and may accept other employment within
the requirements of the Code Judicial Conduct, Missouri Supreme Court
Rule 2. The Municipal Judge may be removed from office for cause in
the manner provided for removal by the City or by State statute. Selection
shall be made for a term of two years and he or she shall serve until
his or her successor is selected and qualified. The Municipal Judge
shall be at least 28 years of age and have been licensed to practice
law in the State of Missouri for at least two years. No person shall
serve as Municipal Judge after he or she has reached his 70th birthday.
The Municipal Judge shall not hold any other office in the City of
Moscow Mills. The Municipal Judge need not be a resident of the City
of Moscow Mills or of the Circuit in which he or she serves but shall
be a resident of Missouri. The Municipal Judge shall be a member and
attend the annual conference, absent exigent circumstances, of the
Missouri Municipal and Associate Circuit Judges Association. Membership
fees and reasonable costs of attendance of the conference shall be
paid by the City.
C.
The jurisdiction of the Municipal Court shall extend to all cases
involving alleged violations of the Ordinances of the City of Moscow
Mills, State of Missouri.
D.
The Municipal Court shall be subject to the rules of the Circuit
Court of Lincoln County 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 of Lincoln County and the Judge and Court personnel of the Municipal
Court shall obey such Circuit Judges directives.
E.
The salary of a Municipal Judge shall be established from time to
time by Ordinance.
A.
The Municipal Judge of the City of Moscow Mills Municipal Court:
1.
Shall administer oaths and enforce due obedience to all orders, rules
and judgments made by him/her and fine and imprison for contempt committed
before him/her while holding Court, in the name manner and to the
same extent as a Circuit Judge.
2.
May 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 manner that
may be pending in the Municipal Court.
3.
Shall establish a Traffic Violations Bureau as provided for in the
Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts and § 479.050 of the Revised Statutes of Missouri.
4.
Shall periodically review the data entry function of the Court's
automated Court docketing; the preparation of the monthly reports
of the Court's cases and dispositions, fines, costs, training fees
and crime victims' compensation; and the accounting for all funds
collected by the Municipal Court and maintenance of appropriate records
of the Court's fiscal activities. Requirements necessary to fulfill
the obligations of this chapter shall be documented and communicated
to the Court Clerk and the Mayor for implementation.
5.
May assist in preparation of annual budgetary proposals relating
to the operations of Municipal Court and presentation to the City
in conjunction with the City Clerk for submittal to the Board of Aldermen.
6.
May provide annual evaluations of all judicial and non-judicial employees
in the Court Clerk's office and other Court support personnel, and
any written recommendations relating to personnel issues to the appropriate
supervisor. All such communications shall be taken into account prior
to personnel action. Unresolved issues shall be submitted to the Mayor
who shall be responsible to ensure the requirements of the Municipal
Court are attained.
7.
Shall make and adopt such rules of practice and procedure as are
necessary to implement and carry out the provisions of this chapter,
and make and adopt such rules of practice and procedure as are necessary
to hear and decide matters pending before the Municipal Court, and
implement and carry out the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts. Any rules made or adopted
hereunder shall be consistent with the provisions of the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts. Any
rules made or adopted hereunder may be annulled or amended by an ordinance
limited to such purpose; provided, that such ordinance does not violate
or conflict with the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts or State law.
B.
The Municipal Judge shall have such other powers, duties, and privileges
as prescribed by State law or other ordinances of the City.
C.
Municipal Judge - monthly report to Board of Aldermen - payment of
fines to Treasurer. The Municipal Judge shall cause to be prepared
within the first 10 days of every month a report containing a list
of 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 cost, the names of the Defendants committed
and cases where there was an application for trial de novo. The same
shall be prepared under oath by the Municipal Court Clerk or the Municipal
Judge. This report will be filed with the City Clerk, who shall thereafter
forward the same to the Board of Alderman for examination at its first
session thereafter. The Municipal Court shall, within the 10 days
after the first of the month, pay to the Municipal Treasurer the full
amount of all fines collected during the preceding month, if they
have not previously been paid.
D.
Municipal Judge - docket and records. 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 he 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 the
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.
E.
Municipal Judge - disqualifications from hearing. A Municipal Judge
shall be disqualified to hear any case in which he/she is in anyway
interested or if, before the trial is commenced, the Defendant or
the Prosecutor files an Affidavit that the Defendant or the City,
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 City shall be entitled to file more than one Affidavit or disqualification
in the same case.
F.
Disqualification and assignment. The Municipal Judge of Division
II of the Municipal Court of the City of Moscow Mills shall only hold
Court when the Judge in Division I is disqualified; or the Municipal
Judge in Division I can not be present; or if there is a vacancy in
Division I until such time as the Board of Aldermen selects a replacement
Judge for Division I.
G.
Court sessions - cancellations. The Municipal Judge of Division I
of the Municipal Court of the City of Moscow Mills shall hold at least
one Court session per month on a date and time as specified by the
Municipal Judge, however, the Municipal Judge shall have the authority
to cancel Municipal Court for a date certain by giving proper notice
to the Court personnel, the City Prosecutor and to the City Clerk
when he or she determines that the judicial business on the said date
will be light and rescheduling cases will create no hardship on any
party.
H.
Transfer to Associate Circuit Judge. If, in the progress of any trial
before the Municipal Judge, it shall appear to the Judge that the
accused should be put upon trial for an offense against the criminal
laws of the State, not cognizable before him or her as Municipal Judge,
he or she shall immediately stop all further proceedings before him
or her as Municipal Judge and cause the complaint to be made to the
Prosecuting Attorney of Lincoln County for State prosecution.
I.
Summoning of witnesses. 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 force their attendance by attachment if necessary.
The fees for the witnesses shall be the same as those fixed for witnesses
in trials before Associate Circuit Judges and shall be cost as other
costs in the case. When a trial shall be continued by the 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 or
her set for trial to testify in the case and enter the names of such
witnesses on his or her docket, which oral notice shall be valid as
a summons.
A.
The Municipal Court Clerk is designated as the 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, and to pay all fines and costs into the
City Treasury.
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 traffic violation bureau cases or as directed
by the Municipal Judge; generally act as Violation Clerk of the Traffic
Violation Bureau.
6.
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 and Procedure in Municipal and Traffic Courts and
by statute.
7.
Maintain, properly certified by the City Clerk, a complete copy of
this code and any other ordinance of the City which shall constitute
prima facie evidence of such code or ordinance before the Court. Further,
to maintain a similar certified copy on file with the Clerk serving
the Circuit Court of the County.
8.
The Clerk of the Municipal Court of the City is authorized to issue
warrants and summons as the result of complaints or information filed
by the City Attorney, provided, that no such summons or warrants shall
be issued without the authority of the Municipal Judge.
A.
Prosecution. All prosecutions for the violation of a Municipal Ordinance
shall be instituted by information and may be based upon a complaint.
Proceedings under Informations shall be in accordance with the Missouri
Supreme Court Rules.
B.
Arrest by Law Enforcement Officer. The City Marshall, or Chief of
Police or other Police Officer of the City shall, without a warrant,
make an arrest of any person who commits an offense in his or her
presence, but such Officer shall, before the trial, file a written
Complaint with the City Prosecuting Attorney.
C.
Warrants. All Warrants issued by the Municipal Judge shall be directed
to the City Marshall, Chief of Police or any other Police Officer
of the City, or to the Sheriff of the County. The Warrant shall be
executed by the City Marshall, 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 and criminal cases.
D.
Service of notices. Notices and process arising in Municipal Court
which are necessary to be served on the City shall be served on the
City Prosecutor.
E.
Breach of recognizance and forfeiture of bond. In the case of a breach
of any recognizance entered into before a Municipal Judge, the same
shall be deemed forfeited, and the Judge shall cause the same to be
prosecuted against the principal and surety, or any of them in the
name of the Municipality as Plaintiff. Such action shall be prosecuted
before a Circuit Judge or an Associate Circuit Judge and in the event
cases caused to be prosecuted by a Municipal Judge, such shall be
on the transcript of the proceedings before the Municipal Judge. All
money recovered in such action shall be paid over to the City Treasurer
to the General Revenue Fund of the City of Moscow Mills.
F.
Place of imprisonment. In all cases where any person is in the charge
of or in the custody of the Chief of Police or members of the Police
Department, either before or after trial, such person shall be kept
and held at the County Jail or such other place as the Chief of Police
may designate, except as otherwise provided by law or ordinance.
G.
Trial by jury, trial de novo and appeal. Any person charged with
a violation of any Ordinance of the City shall be entitled to a trial
by jury, as in prosecutions for misdemeanors before an Associated
Circuit Judge. Whenever a Defendant accused of a violation of any
City Ordinance demands trial by jury, the Municipal Court shall certify
the case to the presiding Judge of the Circuit Court for reassignment.
A.
Trial by jury. Any person charged with a violation of any Ordinance
of the City shall be entitled to a trial by jury, as in prosecutions
for misdemeanors before an Associated Circuit Judge. Whenever a Defendant
accused of a violation of any City Ordinance demands trial by jury,
the Municipal Court shall certify the case to the presiding Judge
of the Circuit Court for reassignment. Proceedings in the case shall
be had as if the case was originally commenced under the practice
and procedure applicable before Circuit Judges with there being no
right of trial de novo.
B.
Trial de novo. 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 10
days after judgment and shall be filed in such form and perfected
in such matter as provided by Missouri Supreme Court Rules.
1.
In the event there is an application for a case to be sent to Lincoln
County Circuit Court for a trial de novo there shall be an additional
fee of $45. The Defendant shall issue two money orders or cashier's
checks or an acceptable personal check, one made payable to the City
of Moscow Mills for the amount of $15 and one payable to Lincoln County
Circuit Court in the amount of $30.
C.
Appeals for jury verdicts. In all cases in which a jury trial has
been demanded and obtained, a record of the proceeding shall be made,
and appeals may be had upon that record to the appropriate Appellate
Court.
A.
The Municipal Judge may, when in his judgment it may deem 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 shall be given a certificate explicitly
stating the conditions on which he is being released.
B.
In addition to such other authority as exist to order conditions
of probation, the Municipal Judge may order conditions which the Judge
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:
C.
A person my refuse probation condition on the performance of free
work. If he or she does so, the Judge shall decide the extent or duration
of sentences or other disposition to be imposed and rendered judgment
accordingly. The City of Moscow Mills or any employee of the City
or 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 if such cause of action arises from such
supervision or 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 anytime
prior to the expiration or termination of the probation term. (Authority:
Section 479.190 RSMo.)
[Amended 7-13-2020 by Ord. No. 913; 6-14-2021 by Ord. No. 956]
A.
In all cases where a conviction is had which is brought before the
Judge of the Municipal Court for violation of any of the ordinances
of the City, the following costs shall be taxed:
1.
Court costs: $12;
2.
Costs for the training of police officers: $2;
3.
Costs for training law enforcement officers, the Peace Officers Standards
and Training Commission Fund: $1;
4.
Crime Victims' Compensation Fund: $7.50;
5.
Inmate Security Fund pursuant to RSMo. § 488.5026: $2;
6.
State Court Automation Fund, pursuant to RSMo. §§ 488.012,
Subdivision 3(5), and 488.027, Subdivision 2: $7;
7.
Surcharge for shelters for victims of domestic violence per RSMo.
§ 488.607: $2;
8.
Witness fees per RSMo. § 491.280, Subdivision 1, 33.095,
and 488.035;
9.
Alcohol- or drug-related traffic offenses. The court may, in addition
to imposition of any penalties provided by law, order the person to
reimburse the Police Department for the costs associated with such
arrest; such costs shall include the reasonable costs of making arrest,
and including the costs of any chemical tests to determine the alcohol
or blood content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody. The Police Department
may establish a schedule of such costs, however, the court may order
the costs reduced if it determines the costs are excessive; and
10.
If the defendant is charged and found guilty of an offense where
a victim has incurred medical expenses or property damage as a result
of the acts of the defendant, then the court may order the defendant
to make restitution to the victim or victims in an amount as specified
by the court.
B.
In most court cases, the standard court costs as detailed above shall
be $33.50. The Judge may waive assessment of the costs in those cases
where the defendant is found by the Judge to be indigent and unable
to pay the costs.
