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Municipal Clerk Manual – Courts with 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 with 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: June 2017

Introduction

The following section provides general guidelines for facilities of municipal courts. Some of the recommendations can be implemented by rearranging existing facilities, while others may entail remodeling or the purchase of furniture or equipment. Obviously, not all courtrooms can be arranged as suggested. Each judge should strive to establish a court that operates professionally, efficiently, and safely with the resources and facilities available.

Court Location (479.060 and 479.360.1, RSMo)

Section 479.060.1 RSMo states that the municipality ‘shall provide a suitable courtroom in which to hold court.’

Proceedings are open to the public of all ages unless the municipal division orders otherwise in a particular circumstance for good cause shown.

Note: Special attention should be given to cleanliness, acoustics, lighting, heating, and ventilation. No commercial advertising should be displayed anywhere in a courtroom. The courtroom should be clearly divided into a trial area and a spectator area. The trial area should be separated from the 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 trial area should include an elevated bench area, a clerk's desk and chair, a counsel table (preferably two) 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. The bench area should include a chair for the judge and a large desk with at least one drawer for storage. An American and a state flag should stand behind the bench, one on each side of the judge. A witness chair should be placed to one side of the judge's desk at the front of the elevated area.

The remainder of the trial area should include (1) a desk and chair for the clerk, preferably directly below the bench; (2) two counsel tables, each with two or more chairs located at least six feet away from the bench; and (3) a blackboard and magnetized traffic board with cars and accessories for clarifying testimony.

The spectator area should have enough fixed chairs or benches to accommodate the court's usual number of observers. Benches or seats should be far enough apart to provide leg and elbow room and to avoid causing discomfort.

Clerk's Office

The clerk's office should be located far enough away from the courtroom to minimize any office noise that might occur during court proceedings.

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.

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. 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: