There shall be a Municipal Court which shall have jurisdiction
to hear and determine all cases involving alleged violations of ordinances
of the City, and to assess punishment, by fine or incarceration, as
therein provided. This Court is a continuation of the Municipal Court
of the City as previously established under the Seventeenth Judicial
Circuit Court of the State of Missouri. The Municipal Court shall
be subject to the rules of the Missouri Supreme Court and the Circuit
Court of which it is part.
The Municipal Court shall consist of one (1) or more Municipal
Judges as determined from time to time by the Council.
(a) Appointment and term. Each Municipal Judge shall be appointed by
the Mayor with the advice and consent of three-fourths (3/4) of the
entire Council. Each Municipal Judge shall be appointed for a term
of two (2) years; provided however, that nothing shall preclude a
Municipal Judge from serving successive terms.
(b) Powers and duties. A Municipal Judge shall have such powers and duties
as are conferred upon such officers by law or by ordinance.
(c) Qualifications. A Municipal Judge shall be a licensed member of the
Missouri Bar and shall have been engaged in the active practice of
law in the State of Missouri for at least three (3) years immediately
preceding his/her appointment.
(d) Prohibition. No Municipal Judge shall hold any other City office
or City employment during the term for which the Judge was appointed,
and no former Municipal Judge shall hold any compensated appointive
City office or City employment until one (1) year after the expiration
of the term for which the Judge was appointed.
(e) Vacancies. A Municipal Judge's office shall become vacant upon the
Judge's death, resignation, or removal from office in any manner authorized
by this Charter or by law, or upon forfeiture of the office.
(f) Forfeiture of office. A Municipal Judge shall forfeit his/her office
if the Judge:
(1)
At any time during the term of office lacks any qualification
for the office prescribed by this Charter or by law,
(2)
Violates any prohibition as provided in Section
7.2(d), or
(3)
Violates the requirements of Section
14.1.
(g) Removal from office. Municipal Judges may be removed from office
in any manner provided for by law or the Rules of the Missouri Supreme
Court.
(h) Filling of vacancies. The Mayor with the advice and consent of three-fourths
(3/4) of the entire Council shall appoint a qualified person to fill
a vacancy in the office of Municipal Judge.
(i) Compensation. Compensation of each Municipal Judge shall be determined
by ordinance, and shall not be dependent in any way upon the number
of cases tried, the number of guilty verdicts reached or the amount
of fines imposed or collected. No change in compensation of an incumbent
Municipal Judge shall become effective during that Judge's term of
office.
The Council shall provide for a Court Administrator, clerks
and other personnel for the Municipal Court, with management assistance
from the department which administers the financial affairs of the
City. The Judge(s) of the Municipal Court shall do an annual performance
evaluation of the Court Administrator in consultation with the City
Manager. All personnel of the Municipal Court shall be subject to
the administrative policies and procedures of the City, except as
otherwise provided by law. All Municipal Court personnel who shall
have any duties or responsibilities in connection with the collection,
deposit, transfer, transmittal, disbursement, safekeeping, accounting
or recording of funds which come into their hands shall enter such
surety bonds, payable to the City and such other governmental unit
in whose behalf such funds have been collected, as may be required
by the Judge(s) or by ordinance. The cost of the premium for such
surety bonds shall be paid by the City.
(Ord. No. 28081 Question 1, 8-25-08; Ord. No. 28115 Question
1, 12-8-08)