[Ord. No. 3087, 1-23-2024[1].]
There is hereby established in this City a Municipal Court,
to be known as the "Shrewsbury Municipal Court, a Division of the
21st Judicial Circuit Court of the State of Missouri." The jurisdiction
of the Municipal Court shall hear and determine all causes relating
to the alleged violation of the ordinances of this City.
[1]
Editor's Note: Former Chapter 120, Municipal Court, containing Sections 120.010 through 120.230, was superseded 1-23-2024 by Ord. No. 3087. Prior history includes: CC 1976 §§ 120.010 — 120.050, 120.070, 120.100, 120.020 — 120.145; Ord. No. 1005; Ord. No. 1080; Ord. No. 1252; Ord. No. 1382; Ord. No.
1438; Ord. No. 1777; Ord. No. 1821; Ord. No. 2025; Ord. No. 2031; Ord. No. 2072; Ord. No. 2223; Ord. No.
2231; Ord. No. 2294; Ord. No. 2539; Ord. No. 2613; Ord. No. 2618; Ord. No. 2811; and Ord. No. 2926
[Ord. No. 3087, 1-23-2024]
The Municipal Court shall be subject to the rules of the Circuit
Court and to the rules of the Missouri 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 such Court shall obey their directive.
[Ord. No. 3087, 1-23-2024]
A.
The
Judge of the Municipal Court shall be known as a Municipal Judge of
the 21st Judicial Circuit Court. The Judge, shall: be between the
ages of twenty-one (21) and seventy-five (75) years; an attorney licensed
to practice law in the State of Missouri; a resident of Missouri;
need not be a resident of the City; and may not hold any other office
within the City. The Judge shall be appointed by the Mayor with the
consent and approval of the majority of the Aldermen, and subject
to removal from office by a majority vote of the Board of Aldermen.
B.
In
the event the position of Municipal Judge becomes vacant, the Mayor,
with the consent and approval of the majority of the Aldermen, shall
appoint a Judge.
[Ord. No. 3087, 1-23-2024]
A.
If
the Municipal Judge be absent, sick, has a disqualifying event, or
be unable to act for any reason, the Mayor or the Mayor's designee
shall be notified.
B.
The
Mayor with the consent and approval of the majority of the Board of
Aldermen, shall appoint a person to the position of Provisional Municipal
Judge who shall have the same qualifications as the Municipal Judge.
The Provisional Municipal Judge shall serve as Municipal Judge, with
the same powers, duties, and responsibilities, as the Municipal Judge,
in the event the Municipal Judge is unable to perform such duties
of office due to absence, illness, vacancy in the office or disqualification
to hear certain matters.
C.
Municipal
Judge Pro Tempore. If both the duly appointed Municipal Judge and
the duly appointed Provisional Municipal Judge are unable to perform
the duties described herein, the Mayor may appoint a Municipal Judge
Pro Tempore to perform said duties until the duly appointed Municipal
Judge, or duly appointed Provisional Municipal Judge, is able to reassume
his/her duties.
[Ord. No. 3087, 1-23-2024]
A.
The
Prosecuting Attorney shall: be between the ages of twenty-one (21)
and seventy-five (75) years; an attorney licensed to practice law
in the State of Missouri; a resident of Missouri; need not be a resident
of the City; may not hold any other office within the City. The Prosecuting
Attorney shall be appointed by the Mayor with the consent and approval
of the majority of the Aldermen, and subject to removal from office
by a majority vote of the Board of Aldermen.
B.
It
shall be the duty of the Prosecuting Attorney of the City 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 compensation of the Prosecuting Attorney shall not be contingent
upon the result in any case.
C.
The
Prosecuting Attorney shall attend all sessions of the Municipal Court.
D.
If
the Prosecuting Attorney is absent, sick, has a disqualifying conflict,
or be unable to act for any reason, the Mayor or the Mayor's designee
shall be notified.
E.
Provisional
Prosecuting Attorney. The Mayor with the consent and approval of the
majority of the Board of Aldermen, shall appoint a person to the position
of Provisional Prosecuting Attorney who shall have the same qualifications
as the Prosecuting Attorney. The Provisional Prosecuting Attorney
shall serve as Prosecuting Attorney with the same powers, duties,
and responsibilities, as the Prosecuting Attorney, in the event the
Prosecuting Attorney is unable to perform such duties of office due
to absence, illness, vacancy in the office, or disqualification to
hear certain matters.
F.
Prosecuting
Attorney Pro Tempore. If both the duly appointed Prosecuting Attorney
and the duly appointed Provisional Prosecuting Attorney are unable
to perform the duties described herein, the Mayor may appoint a Prosecuting
Attorney Pro Tempore to perform said duties until the duly appointed
Prosecuting Attorney, or duly appointed Provisional Prosecuting Attorney,
is able to reassume his/her duties.
[Ord. No. 3087, 1-23-2024]
The Municipal Judge and Prosecuting Attorney shall be contractual
employees and receive monthly compensation for services rendered,
as designated by ordinance.
[Ord. No. 3087, 1-23-2024]
The Chief of Police of the City and his/her subordinates shall
serve as Marshals and Bailiffs of the Court and shall be subject to
and shall enforce its orders, judgments and decrees.
[Ord. No. 3087, 1-23-2024]
The Municipal Judge shall designate the time and location for
sessions of the Municipal Court, in accordance with Missouri Supreme
Court Rule 37.04, Appendix A, and be ready to be reconvened should
the occasion arise.
[Ord. No. 3087, 1-23-2024]
A.
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.
B.
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.
[Ord. No. 3087, 1-23-2024]
A.
In
all cases before the Traffic Violations Bureau and the Municipal Court
where the defendant pleads guilty or is convicted, there shall be
collected from such defendant, in addition to the fine or other punishment
imposed, the sum of twelve dollars ($12.00) as Court costs. In addition
to such Court costs, a fee of two dollars ($2.00) shall be assessed
and collected and set aside in a separate fund by the City Treasurer
to be used solely for the training of Police Officers. A fee of one
dollar ($1.00) shall be assessed and collected and set aside to be
used Statewide for training Law Enforcement Officers to be deposited
into the Peace Officer Standards and Training Commission Fund. A fee
of seven dollars fifty cents ($7.50) shall be assessed and ninety-five
percent (95%) of this fee shall be deposited in the Crime Victims'
Compensation Fund and five percent (5%) of this fee shall be deposited
in the General Fund. A fee not to exceed two dollars ($2.00) shall
be assessed for the Weinman Shelter and shall be deposited in the
Domestic Violence Shelter Fund. A fee of two dollars ($2.00) shall
be assessed, collected and set aside in a separate fund by the City
Treasurer called the Inmate Security Fund, to be used for costs associated
with biometric verification systems, and for any expenses related
to custody and housing and other expenses for prisoners. A fee of
seven dollars ($7.00) shall be assessed, collected, and set aside
for the Statewide Court Automation Fund, with all such amounts collected
transmitted monthly to the Missouri Director of Revenue to the credit
of the Missouri Statewide Court Automation Fund.
B.
The
following additional Court costs shall also be collected from a defendant
who pleads guilty or is convicted (as applicable):
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Law enforcement arrest fee (DWI arrests)
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$100.00
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Bad check fee
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$10.00 (check less than $100.00)
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$25.00 (check over $100.00)
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Non-negotiable payment fee
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$4.00
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Copy fee for judicial records (for filing notice of appeal,
accepting bond or recognizance thereon, preparing transcript on appeal)
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$10.00
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C.
Such
additional costs are the sole property of the City and shall be paid
into the City Treasury to the credit of the General Revenue Fund.
In no event shall the City be liable to pay any costs assessed in
or by the Municipal Court.
[Ord. No. 3087, 1-23-2024]
A.
The
Clerk of the Municipal Court shall be appointed by the Mayor and shall
serve until his or her successor shall be appointed and qualified.
B.
The
Clerk shall be subject to and shall perform such duties as are designated
herein and such other duties as are required by the Municipal Judge.
C.
The
Clerk of the Municipal Court, and any Deputy Clerk serving under him/her,
shall be and is hereby authorized to:
1.
Take oaths and affirmations.
2.
Accept and sign complaints signed and sworn to or affirmed before
him/her.
3.
Sign and issue warrants.
4.
Sign and issue commitments to jail.
5.
Sign and issue subpoenas requiring the attendance of a witness and
sign and issue subpoenas duces tecum.
6.
Fix the amounts of bail and admit to bail.
7.
Accept the appearance, waiver of trial, and plea of guilty and payment
of fines and costs in Traffic Violations Bureau cases or as directed
by the Municipal Judge; generally act as Violation Clerk of the Traffic
Violations Bureau.
8.
Perform such other duties as provided for by ordinance, by Rules
of Practice and Procedure adopted by the Municipal Judge, and as directed
by the said Judge, and as provided for by the Missouri Rules of Practice
and Procedure in Municipal and Traffic Court.
[Ord. No. 3087, 1-23-2024]
All warrants issued by the Municipal Judge shall be directed
to the Chief of Police, or to any other Police Officer of the City,
or to the Sheriff of the County. The warrant shall be executed by
said Law Enforcement Officer 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. 3087, 1-23-2024]
Any officer of the Police Department 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 Municipal Judge.
[Ord. No. 3087, 1-23-2024]
Any person charged with a violation of an 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 Judge shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[Ord. No. 3087, 1-23-2024]
A.
The
duly appointed Municipal Judge is hereby authorized to issue warrants
to arrest and to summon and compel the attendance of witnesses; to
administer oaths; to establish and accept bail bonds and render final
judgment on any forfeited bond or recognizance returnable to the Municipal
Court; and to enforce due obedience to all orders, rules, and judgments
made by it within the scope of its authority as described herein and
as otherwise provided by State law; and to fine and/or imprison for
contempt, including, but not limited to, the violations referenced
as follows:
1.
Any breach of the peace committed during its session, including,
but not limited to, disorderly, contemptuous, or insolent behavior
committed in its immediate view and presence, which interrupts its
session or proceedings, or otherwise impairs the respect due to its
authority;
2.
Willful disobedience or resistance of any process or order lawfully
issued or made by it;
3.
Refusal of any person to be sworn as a witness, or when sworn, a
refusal to answer any legal and proper interrogatory.
B.
Contempt
committed in the immediate view and presence of the Municipal Court
may be punished summarily. In other cases, the person charged shall
be notified of the accusation, and have a reasonable time to make
his or her defense. Whenever any person shall be committed for any
contempt, including, but not limited to, the examples of violations
described herein, the particular circumstances of his/her offense
shall be set forth in the order of warrant of contempt.
C.
The
Municipal Court may punish for contempt of court by the highest fine
or longest incarceration, or both, as permitted by State law.
D.
The
Municipal Court is further authorized to:
1.
Establish a Traffic Violations Bureau as provided for by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts;
2.
Commute the term of any sentence, stay execution on any fine or sentence,
suspend any fine or sentence, and to make such other orders as the
Judge deems necessary relative to any matter that may be pending in
the Municipal Court, all in accordance with the Missouri Rules of
Practice and Procedure in Municipal and Traffic Courts;
3.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter, 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.
E.
If
the duly appointed Municipal Judge is unavailable to perform the duties
described herein, the Mayor may appoint a Municipal Judge Pro Tem
to perform said duties until the duly appointed Municipal Judge is
able to reassume his/her duties.
F.
The
Municipal Judge shall have such other powers, duties, and privileges
as are or may be prescribed by the laws of this State and this Code.
[Ord. No. 3087, 1-23-2024]
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 witness 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 the docket, which oral notice shall be valid
as a summons.
[Ord. No. 3087, 1-23-2024]
The Municipal Judge may commit a defendant to the County Jail,
and it shall be the duty of the Sheriff 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 City shall pay the board
of such prisoner at the 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 costs.
[Ord. No. 3087, 1-23-2024]
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:
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. 3087, 1-23-2024]
On proper application for a trial de novo filed within ten (10)
days after judgment in the form provided by Missouri Supreme Court
Rules, the defendant shall have a right of trial de novo in Circuit
Court 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.
[Ord. No. 3087, 1-23-2024]
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. 3087, 1-23-2024]
In the case of a breach of any recognizance entered into before
a Judge hearing a municipal ordinance violation case, the same shall
be deemed forfeited and the Judge shall cause the same to be prosecuted
in the Circuit Court against the principal and surety, or either of
them, in the name of the City as plaintiff. All monies received by
such forfeiture shall be paid to the General Revenue Fund of the City.
[Ord. No. 3087, 1-23-2024]
The Municipal Judge shall be disqualified to hear any case in
which he/she is in anyway interested, or, if before the trial is begun,
the defendant or the prosecutor files an affidavit that the party
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 (1) affidavit for disqualification
in the same case.
[Ord. No. 3087, 1-23-2024]
The Prosecuting Attorney shall comply with Missouri Supreme
Court Rule 37.04, Appendix A, Minimum Operating Standard #7. The Prosecuting
Attorney shall not hold an interest or engage in activities, financial
or otherwise, that conflict, have a significant potential to conflict,
or are likely to create a reasonable appearance of conflict with the
duties and responsibilities of the prosecutor's office. The prosecutor
will excuse themselves from the investigation and prosecution of any
current or former client.
[Ord. No. 3087, 1-23-2024]
A.
The
Municipal Court Clerk shall follow such procedure for reporting as
established by the Supreme Court of the State of Missouri. The Municipal
Judge shall cause to be prepared within the first ten (10) days of
every month a report indicating 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 costs,
the names of the defendants committed and the cases in which there
was an application for trial de novo, respectively. The same shall
be prepared under oath by the Municipal Court or the Municipal Judge.
This report will be filed with the City Clerk, who shall thereafter
forward the same to the Board of Aldermen for examination at its first
(1st) session thereafter. The Municipal Court shall, within ten (10)
days after the first (1st) of the month, pay to the Municipal Treasurer
the full amount of all fines collected during the preceding months,
if they have not been previously paid.
B.
The
Prosecuting Attorney shall cause to be prepared within the first ten
(10) days of every month a report for the preceding month detailing:
1.
Number of traffic cases submitted by the Police Department.
2.
Number of criminal cases submitted by the Police Department.
3.
Number of cases issued.
4.
Number of cases taken under advisement, refused, dismissed/Nolle
Pros, with reasons.
5.
Number of attorney recommendation requests received, to include number
of attorney recommendations completed/sent out and number of recommendations
paid/disposed.
6.
Number of cases to trial.
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This report will be filed with the City Clerk and the Municipal
Treasurer.
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[Ord. No. 3087, 1-23-2024]
A.
A defendant
shall, upon arrest, be entitled and admitted to bail by sufficient
surety or sureties or cash bond in a reasonable amount:
1.
By the Municipal Judge, or by the Clerk or Deputy Clerk thereof,
if the Judge is absent or the Court is not in session, or when so
authorized or directed by the Judge.
2.
By the Mayor of the City, if the Judge, Clerk and Deputy Clerk are
absent, or the Court is not in session.
3.
By the Chief of Police or any Police Officer having custody of the
defendant, when the amount of bail is endorsed on the warrant of arrest
in the amount so specified, or when so authorized or directed by the
Judge.
B.
All
bail bonds shall be immediately deposited with the Clerk of the Municipal
Court who shall have exclusive custody and control of said bonds,
subject to the order of the Municipal Judge.
C.
The
Court Clerk shall deposit all cash bonds in the registry of the court
until final disposition by the Municipal Judge.
[Ord. No. 3087, 1-23-2024]
It shall be unlawful for any person to fail to appear before
the Municipal Court of the City of Shrewsbury, Missouri, when charged
with a violation of any ordinance or law of the City. In addition
to the forfeiture of any security given such person who shall fail
to appear shall upon conviction be punished by a fine not to exceed
five hundred dollars ($500.00) or imprisonment not to exceed ninety
(90) days, or by both such fine and imprisonment.
