Municipal Clerk Manual – Courts with JIS - Chapter 3 - Citation Case Processing Procedures: Case Disposition Procedures

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	3.1
Subject:	Chapter 3 - Citation Case Processing Procedures	Publication / Adopted Date:	September 1995
Topic:	Case Disposition Procedures	Revised / Effective Date:	November 2019

Municipal Clerk Manual
Courts with JIS
Chapter Three – Citation Case Processing Procedures

3.1 – Case Disposition Procedures

References
Statutes: 43.503, 66.080, 77.590, 79.470, 82.020, 82.300, 211.435, 302.020, 302.225, 302.304, 302.592, 303.024, 303.025, 307.178, 307.179, 479.190, 479.350, 479.353, 488.5030, 546.902, 558.011, 558.016, 559.012, 559.021, 559.036, 559.607, 610.100 and 610.105, RSMo
Supreme Court Rules: 37.50, 37.58, 37.64 and 37.65
Court Operating Rules: 21.01 and 21.06
Publication Date: September 1995
Revised: November 2019

Introduction

This section provides a summary and procedures of municipal case disposition activities; i.e., activities completed by the clerk during or after court. Not all duties covered in this section will be performed in every case, local practice may require additional duties not mentioned here.

Pleas (SCR 37.58)

A defendant can plead not guilty or guilty or enter into a plea agreement. The judge cannot participate in any plea agreement discussions, however, must see any plea agreement signed by the prosecuting attorney and the defendant and/or the defendant’s attorney. The judge shall not accept a plea of guilty unless said plea has been made knowingly and voluntarily by the defendant.

Waiver of Counsel (SCRs 37.50 and 37.58)

Any person charged with an ordinance violation, whose conviction could result in confinement, may elect to waive counsel. Most often when a defendant first appears in a municipal court, they are not represented by an attorney. The judge shall advise the defendant of his/her right to counsel and either appoint counsel if appropriate or accept a signed waiver of counsel. The Waiver of Counsel (CR210) form is at the end of this section.

Sentencing (SCR 37.64)

Sentencing is the phase in a municipal case when the court imposes punishment on a person convicted of a municipal ordinance violation. Sentencing options include incarceration or a fine.

Incarceration (Sections 558.011 and 558.016, RSMo)

The court may impose any sentence of imprisonment within a range provided by statute for the class of offense for which an offender has been found or pled guilty.

Fines (COR 21.06; SCR 37.65; Sections 479.350, 479.353, 546.902 and 559.607, RSMo)

The court may order a defendant to pay a monetary penalty (a fine) as part of or as the entire sentence. The fine imposed cannot exceed statutory limits.

The following are a few specific violations that have statutory limits for the fine amount:

Failure to wear safety belt - $10, no court costs

(

Section

307.178

, RSMo

)

Failure to wear protective headgear - $25, no court costs

(

Section

302.020

, RSMo

)

Failure to provide proper child restraint system - $50, plus court costs

(

Section

307.179

, RSMo)

Juvenile Justice Preservation Fund surcharge (211.435, RSMo)

All traffic violations of any county ordnance or any violation state law, including an infraction, in which a person has pled guilty, the surcharge in the amount of two dollars shall be assessed and collected and paid into the juvenile justice preservation fund.

This prevision shall expire August 28, 2024

Minor Traffic and Municipal Ordinance Violations (Sections 479.350 and 479.353, RSMo)

Minor traffic and municipal ordinance violations fine amounts cannot exceed the following limits which include court costs:

Minor traffic violation - $225

Municipal ordinance violations committed within the same 12 month period:

^st

violation - $200

^nd

violation - $275

^rd

violation - $ 350

^th

and subsequent violations - $450

If a person has been held in custody on a notice to show cause or an arrest warrant for an underlying minor traffic violation, the court, on its own motion or the
motion of any interested party, may review the original fine and sentence and waive or reduce the fine or sentence if the court finds it reasonable given the
circumstances of the case.

The maximum fine for other ordinance violations vary depending on the classification of the municipality.

Charter Cities, 3

^rd

, 4

^th

Municipal Courts – Not to exceed $500 and imprisonment not exceeding three months, or both fine and imprisonment.

(

Sections

77.590

79.470

and

82.020

, RSMo

)

Kansas City Municipal Court – Not to exceed $1,000 or by imprisonment not to exceed twelve months for each offense, or both fine and imprisonment.

(

Section

82.300

, RS

)

County Municipal Ordinance Courts – Not to exceed $1,000 or imprisonment in the county jail for more than one year or both fine and imprisonment.

(

Section

66.080

, RSMo

)

St. Louis County Municipal Courts – Not to exceed $1,000 and imprisonment not exceeding three months, or both fine and imprisonment, excluding minor traffic violations. (Section

546.902

, RSMo)

Collection of Fines and Cost (COR 21.06; SCR 37.65; Section 488.5030, RSMo)

If the defendant cannot pay fine and costs in full the court shall grant the defendant a period of time to pay via payment agreement. A payment agreement lists the payment amount(s) and date(s) payments are due to the court. An Agreement to Pay (GN185) form is at the end of this section.

COR 21.01 and Section 479.353, RSMo - For minor traffic violations and municipal ordinance violations, a person shall not be placed in confinement for failure to pay a fine unless such nonpayment violates terms of probation. Court costs that apply shall be assessed against the defendant unless the court finds that the defendant is indigent. No court costs shall be assessed if the defendant is found to be indigent or if the case is dismissed. Form MU 69 Statement of Financial Condition is included at the end of this section.

Section 488.5030, RSMo, authorizes courts to contract with private entities operating under a contract with a state agency or the Office of State Courts Administrator to collect delinquent court costs. The collection agency may pursue collection of past-due court-ordered penalties, fines, sanctions, court costs, including restitution or judgments to the state of Missouri or one of its political subdivisions. The costs of the collection efforts may be added to the amount due, but cannot exceed 20% of the amount collected. Courts using the approved statewide case management system can be set up to have their delinquent costs automatically sent to a collection agency contracted with by OSCA. For additional information regarding the Debt Collection Program see section 4.8, Missouri Debt Collection Program in the Municipal Clerk Handbook.

In addition, courts using the approved statewide case management system are able to use the Missouri Tax Offset program. Missouri Court Operating Rule 21.06 requires all courts utilizing the approved statewide case management system to participate in the Missouri Tax Offset Program. All other courts are required to participate in the Tax Offset program within 6 months of implementation of the approved statewide case management system within the court. For more information about the Tax Offset Program offered to courts using the approved statewide case management system, see section 4.9, Tax Offset in the Municipal Clerk Handbook.

Probation (SES/SIS) (SCR 37.64; Sections 479.190, 559.012, 559.021 and 559.036, RSMo)

Probation is an alternative to incarceration that allows an offender to stay out of jail as long as they abide by certain conditions. The court may pronounce a sentence but suspend the execution of sentence (SES), or the court may suspend the imposition of sentence (SIS). For additional information, see section 3.2, Probation Summary in the Municipal Clerk Handbook. A Probation Order and Certificate form is at the end of this section.

Dismissal (COR 21.01; Sections 610.100 and 610.105, RSMo)

The prosecutor may dismiss a case after the charges have been filed with the court. The judge may also dismiss a case if the prosecutor fails to appear in court to prosecute the case. When a case is dismissed, the records become confidential pursuant to section 610.100, RSMo, however, the final action taken by the prosecutor or judge may be accessed. See section 5.1, Closed Records under Chapter 610, RSMo in the Municipal Clerk Handbook for more information on confidential cases. A Dismissal Order form is at the end of this section. Court Operating Rule 21.01(c) clearly indicates that costs should not be assessed against the defendant in any case which is dismissed or nolle prossed.

Proper disposition of the case must be documented on the municipal division docket or backer sheet and signed by the municipal judge. The prosecutor must sign all citations and must review and approve all amended and dismissed tickets.

Citations (Section 302.225, RSMo)

The court shall report case disposition information on all moving traffic violations, alcohol and drug related traffic offenses, including suspended imposition of sentence, all convictions while driving a commercial motor vehicle, including commercial driver’s license holders driving a personal vehicle, to the Missouri Department of Revenue (DOR). The Department of Revenue (DOR) must receive the disposition information within seven (7) days of disposition. DOR then forwards the record to the Missouri Highway Patrol (MSHP) to update the DWI Tracking System (DWITS).

Failure to Provide Proof of Financial Responsibility (Sections 302.304, 303.024 and 303.025, RSMo)

Failure of a Missouri resident or non-resident owner to maintain financial responsibility on his or her motor vehicle is an ordinance violation. In accordance with section 303.024, RSMo, officers or commercial vehicle inspectors are required to issue a citation for failure to provide proof of insurance as required by section 303.025, RSMo.

However, if the individual can provide proof to the court that the financial responsibility requirement was met at the time the citation was written, they shall not be found guilty and no court costs shall be assessed. If the individual is found guilty, in addition to any other authorized punishment, the court shall report disposition information to DOR for points assessment.

Criminal History/Offense Cycle Number (OCN) (Sections 43.503 and 302.592, RSMo)

The court shall report all dispositions of any criminal offense, infraction, or ordinance violation related to the operation of a vehicle while intoxicated or with an excessive blood alcohol content to the department of revenue within seven days. The records shall be forwarded by the department of revenue within fifteen days of receipt to the Missouri state highway patrol. The record forwarded by the clerk shall clearly state the name of the court, the court case number, the name, address, and motor vehicle operator's or chauffeur's license number of the person who is the subject of the proceeding, the code or number identifying the particular arrest, and any court action or requirements pertaining thereto.

Note: The approved statewide case management system automatically transmits records of conviction to the department of revenue, providing all required information has been correctly entered on the case. Regular monitoring of Electronic Criminal History and Electronic Traffic reports will ensure timely electronic reporting.

The Record of Convictions (ROC) column of the Municipal Charge Codes with Excess Revenue Indicator (link is provided at the end of this section) and the Missouri Charge Code Manual can assist you in determining what violations need to be reported. Refer to sections 3.3, Criminal History Reporting and 3.4, Citation Disposition Reporting of the Municipal Clerk Handbook for additional information and procedures.

Clerk's Duties/Procedures

Reminder: While on the appropriate docket code, access the Document Management Window to attach the document(s). (See Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD).

Courts Accepting Paper Filings and eFiled Documents

Disposition Activities

1. CMADISP - Custom Related Disposition (See Procedures: Amending Charges in GOLD)

1.1 If necessary, select charge to be amended on the charge tab and select Change Violation in the navigation pane to amend.

Change the filing date to the date the amended charge was filed by the prosecuting attorney.

Select View Charge Date in the navigation pane. Verify that the Charge Date on the amended charge is the date the violation actually occurred.

Note

: If speeding charge is amended, then the clocked speed must be changed to the amended speed amount on CVACASU in the navigation pane or an error will appear on the ETR (Electronic Traffic Report) problem log.

(See

Procedures: Creating an Error Log Report

in GOLD)

2. CVATDIS - Custom Traffic Disposition/Payment Entry (See Procedures: Disposing of a Citation Case in GOLD)

2.1 Verify the disposition date.

Enter one of the following charge disposition codes in the Disposition field, as appropriate:

DDGPW – Guilty Plea Written (for cases disposed of through the violations bureau)

DDGTP – Guilty Plea

DDST – Dismissed by Prosec/Nolle Pros

DTCGL – Tried/Court – Guilty

DDCT – Dismissed by Court w/o Prejudice

DTCNG – Tried/Court –Not Guilty

2.2 Enter one of the following sentence codes in the Sentence field:

FIN – Fine

SIS – Suspended Imposition of Sentence

WCO – Waived Fine/Costs Only

Note:

If the defendant was sentenced to Jail or placed on a Suspended Execution of Sentence (SES),

sentence information will be added in the sentence field of CVATDIS. The jail sentence, length and start date will need to be added on the sentence tab of CMADISP; instructions provided under step 6.

2.3

Enter one of the following case disposition codes in the Docket field, as appropriate:

DDGPW – Guilty Plea Written (for cases disposed of through the violations bureau)

DDGTP – Guilty Plea

DDST – Dismissed by Prosec/Nolle Pros

DTCGL – Tried/Court – Guilty

DDCT – Dismissed by Court w/o Prejudice

DTCNG – Tried/Court –Not Guilty

Note

: Charge disposition code and case disposition code entered should be the same.

IF THE CASE DISPOSITION IS NOT ENTERED, DISPOSITION INFORMATION WILL NOT BE ELECTRONICALLY REPORTED TO DOR OR MSHP.

(See sections

3.3, Criminal History Disposition Reporting

and

3.4, Traffic Disposition Reporting

)

2.4 Enter court costs by utilizing the appropriate X code, as outlined in Section 4.1 Municipal Court Costs of this manual. Enter one of the following court cost codes in the Docket field, as appropriate:

XMUNI - Cost Txd Heard by Muni Judge

XMUMT - Municipal Ord E/R

XMUNS - Muni Costs Taxed w/o SRF (21st Circuit Only)

XMUSC - Muni Ord E/R No SRF (21st Circuit Only)

XCOAT - County Ordinance Costs Taxed

XCOMT - County Muni Ord E/R

XCOAJ - County Ord non TR

XCOMJ - County Ord non TR - E/R

Enter the appropriate X**** docket code for municipal and county ordinance court reporting more than one location.

Note:

If the municipal court hears cases for other municipalities, there will be a different X code designated for each municipality as well as different detail codes for each respective municipal’s court costs and fines. Contact the OSCA Help Desk and request assistance from an Accounting Specialist to determine the proper docket code and detail code to be set up and used for other municipal cases disposed.

2.5 Enter DFT party type to associate costs to the defendant.

2.6 Enter fine detail code and fine amount if applicable and save.

5040 – Fine

5041 – Fine-Muni Ordin

5141 – Fine-Muni Ordin E/R

Note:

Additional costs not included in the standard costs assessed with the previous docket code(s) may be entered in the detail field. Any detail code and amount added to the case must be saved before another can be added. Additional costs that are not added on CVATDIS may be added on CBAACCD but do not enter any costs in both forms because it will assess duplicate costs.

Review COGNOS - Excess Revenue Exception Report for list of cases in which incorrect detail codes were entered for original and disposing charge codes. The report may be obtained by accessing Cognos Connection – Public Folders – JIS Reports – Accounting – Exceptions – Excess Revenue Exception Report

2.7 Enter any additional docket codes in the Docket field as appropriate.

2.8 If full payment is received, enter the pay type in the pay field.

2.9 Issue a receipt for the payment received. If partial payment is received, proceed to step 3 for instructions.

2.10 Proceed to step 5.2

3. Receipt Partial Payment. CZASPAY-Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab in GOLD)

3.1 Enter the pay type in the pay field and amount of payment received

3.2 Issue a receipt for the payment received

4. CBAACCD – Custom Case/Party Account Detail (See Procedures: Create a Quick Payment Plan in GOLD)

4.1 Create a Payment Plan with the appropriate party ID.

5. Exit back to CVATDIS.

6. CVATDIS - Custom Traffic Disposition/Payment Entry (See Procedures: Disposing of a Citation Case in GOLD)

6.1 Select

Site Defined Fields (COASITE)

in the navigation pane and enter any specific additional orders of the court for reporting purposes. The following fields are required for state and/or federal reporting:

OCN – Offense Cycle Number – This field must have the OCN entered if provided.

Driver Improvement – This field must be a “Y” if a person is sentenced to a driver improvement program.

No Pts - Order of Supervision – This field must be a “Y” if the court submitted a written order to DOR to forgo assessing points on the conviction.

License Surrendered – If the defendant surrenders his license, this field must be a “Y”.

Def Waived Right to Counsel- This field must be a “Y” if the defendant does not have an active attorney at the time of disposition. If the defendant has an attorney, this field will be an “N”.

7. Proceed to the sentence tab of CMADISP - Custom Related Disposition if the defendant was sentenced to a Suspended Imposition of Sentence (SIS), Suspended Execution of Sentence (SES) or Jail time. (See Procedures: Associating a Sentence to a Charge in GOLD) You must complete both CMADISP and CZAPROG to associate the disposition to the sentence.

Note:

If SIS or SES is ordered and Step 6 is not completed, then an error will appear on the problem log until the probation record is entered into CZAPROG.

(See

Procedures: Creating an Error Log Report

in GOLD)

8. CZAPROG – Custom Programs/Services – (See Procedures: Entering an Individual in a Program in GOLD)

8.1 Enter the probation on the Services/Sanctions tab and associate the probation to the sentence. (See section 3.2, Probation Summary)

Note

: The probation program must be associated to the sentence or an error will appear on the problem log.

(See

Procedures: Creating an Error Log Report

in GOLD)

9. If case is closed, file with other disposed cases according to disposition and record retention requirements. If the case has an active probation, file the case with other active probation cases.

Forms
MBB 13-02 - Agreement to Pay
MU 20 - Dismissal Order
MU 60 - Plea of Guilty and Waiver of Counsel
MU 69 – Statement of Financial Condition
MU 70 - Probation Order and Certificate
MU 90 - Stay of Execution
CR 210 - Waiver of Counsel
Municipal Charge Codes with Excess Revenue Indicator