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Municipal Clerk Manual – Courts without JIS
Section/Rule:
1.6
Subject:
Chapter 1 -Administrative Procedures
Publication / Adopted Date:
September 1995
Topic:
Court Facilities
Revised / Effective Date:
June 2017
Municipal Clerk Manual
Courts Without JIS
Chapter One – Administrative Procedures
1.6 – COURT FACILITIES
References
Statutes:
479.060
and
479.360
.1, RSMo
Supreme Court Rules:
37
Court Operating Rules:
16
Publication Date: September 1995
Revised: September 2020
Introduction
The following section provides general guidelines for facilities of municipal courts. It is the responsibility of the judge, the municipality and court personnel to ensure that the court is in compliance with statute, Supreme Court Rule, and reinforce the dignity of the court in operations and appearance.
Court Lo
cation (
Sections
479.060
and
479.360.1
, RSMo;
SCR 37.04, Appendix A
)
Section
479.060.1
,
RSMo, states that the municipality ‘shall provide a suitable courtroom in which to hold court.’
The court should be in a place designated specifically for court operations and should be easily identified as a separate and independent branch of government. Access to the court must meet all requirements set by the American’s with Disabilities Act (ADA).
The court may not be located in a private residence, within any law enforcement building or a building used by the judge for private business purposes. If the court is located within any other municipality office, such as City Hall, signage must be to indicate where court business is to be handled by court personnel.
Courtroom Construction and Appeara
nce (
Sections
479.060
and
479.360.1
,
RSMo;
SCR 37.04, Appendix A
)
Courtrooms must be suitable and meet due process requirements for all court attendees, is open to the public of all ages, and large enough to reasonably accommodate all parties and the public.
The facility chosen for court takes into consideration cleanliness, the safety and comfort of the public, parties, and lawyers. The facilities chosen uphold the integrity and independence of the judiciary as a separate branch of government. The courtroom should be separate from the clerk's office, the judge's chambers, the conference room, the restrooms, and the storage areas.
The Notice of Rights in Municipal Divisions (
SCR 37.04, Appendix C
) shall be posted in the courtroom.
The Municipal Judge Bench Book makes recommendations for the construction and appearance of the courtroom that reiterate the requirements in statute and Supreme Court Rule.
§
Special attention should be given to cleanliness, lighting, heating, and ventilation.
§
Acoustics should allow for all announcements to be easily heard by all in the courtroom.
§
No commercial advertising should be displayed anywhere in a courtroom.
§
The courtroom should be clearly divided into a trial area and a spectator area by a railing or space.
§
Where possible, entrances should be at the rear of the spectator area for the public and at the front of the trial area for the judge. Each entrance should have a door that can be closed to minimize outside noise while court is in operation.
§
The spectator area should have enough fixed chairs or benches to accommodate the court's usual number of observers.
§
The trial area should include an elevated bench area, a clerk's desk and chair, counsel tables with chairs, and a witness chair.
§
The bench area should be elevated so the judge's level is two or three steps higher than the rest of the room and should include a chair for the judge and a large desk. An American and a state flag should stand behind the bench, one on each side of the judge.
§
The clerk’s area should include a desk and chair for the clerk directly below the bench. The desk should be large enough to accommodate a computer, printer and filing system.
§
Counsel tables and chairs should be located at least 6 feet from the bench area.
§
A witness chair should be placed to one side of the judge's desk at the front of the elevated area.
Clerk's Office (
SCR 37.04, Appendix A
)
The municipal division has a municipal clerk available at least 30 hours per week during regular business hours and court sessions to whom the person can pay fines and from whom the person can obtain information about charges, payments and court operations. In the event the municipal division does not have sufficient staff to have a clerk available for all of the 30 hours in person, the clerk may instead be made available for up to 15 of the 30 hours through live communication by telephone, email, or other means of electronic communication.
§
The clerk should be available in person during these hours in an office open and accessible to the public.
§
The clerk may perform other functions for the municipality that do not constitute an actual or apparent conflict with the impartial performance of judicial duties.
The clerk's office is used for the purposes of organizing and preserving the judicial records, bookkeeping and money handling obligations of the municipal division in a prudent and organized manner and in compliance with applicable laws Supreme Court Rules, and current recommendations of the Office of State Courts Administrator and the Missouri state auditor.
The clerk's office should be located far enough away from the courtroom to minimize any office noise that might occur during court proceedings. The office should be located in an area that can be locked and does not allow for access by the general public or unauthorized, non-court personnel. According to the Americans with Disabilities Act of 1990, the clerk's office and the courtroom must be physically accessible to all persons, including persons with disabilities.
If the clerk’s office is the location where the clerks transacts business with the public the Notice of Rights in Municipal Divisions (
SCR 37.04, Appendix C
) shall be posted. If the division utilizes a Violations Bureau, the fine schedule must be prominently posted (SCR
37.49
).
Other recommended postings include:
§
Hours of availability
§
Contact information
§
Payment options
§
Court procedures
§
Docket schedules
Courtroom Security
Policies and procedures should be established to ensure, as much as possible, that persons appearing before the court or supervised by the court are safe from harm, and that all the records and property of the court are protected against theft or accidental or intentional damage.
Preventive measures should be taken where possible. For example, the presence of a bailiff or a police officer at all court proceedings will reduce the possibility of violence or general disruption; a barrier, such as a railing, in the courtroom may help prevent unwelcome intrusions in the trial or bench area of the courtroom. Defendants should not be allowed to handle their case files without court supervision; collection of money should not occur in an area where theft and escape could occur easily.
Cameras in the Courtroom (Court Operating Rule
16
)
Court Operating Rule
16
allows for broadcasting, televising, recording or taking of photographs in all judicial circuits and in the Missouri Appellate courts in the state as expressly authorized by the judge. This rule applies to the municipal courts as divisions of the circuit courts.
The Supreme Court will appoint a media coordinator, upon receipt of a recommendation from the presiding judge of the circuit. Media coordinators have already been appointed in many circuits. The media coordinator is responsible for working with the media representatives to ensure coverage is conducted in accordance with
Court Operating Rule
16.03
.
The Supreme Court of Missouri has prepared a guide "Cameras in the Courtroom: A Guide to Missouri’s Court Operating Rule
16
.” Copies of
the guide can be viewed on the
Missouri Courts website
or by contacting:
Beth S. Riggert, Communications Counsel
Supreme Court of Missouri
P.O. Box 150
Jefferson City, 65102
(573) 751-3676