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Municipal Clerk Manual – Courts with JIS



Section/Rule:
1.7

Subject:
Chapter 1 -Administrative Procedures
Publication / Adopted Date:
July 2007

Topic:
Violations Bureau
Revised / Effective Date:
May 2019
Municipal Clerk Manual
Chapter One – Citation Case Processing Procedures


1.7 - VIOLATIONS BUREAU

References
Statutes: 479.050 RSMo
Supreme Court Rules: 37.01, 37.02, 37.03, 37.04, 37.05, 37.06, 37.07, 37.08, 37.09, 37.10, 37.11, 37.13, 37.14, 37.15, 37.16, 37.17, 37.18, 37.19, 37.20, 37.21, 37.22, 37.23, 37.24, 37.25, 37.26, 37.27, 37.28, 37.29, 37.30, 37.31, 37.32, 37.33, 37.34, 37.35, 37.36, 37.37, 37.38, 37.39,37.40,37.41,37.42,37.43,37.44,37.45, 37.46, 37.47, 37.48, 37.49, 37.50, 37.51, 37.52, 37.53, 37.54, 37.55, 37.56, 37.57, 37.58, 37.60, 37.61, 37.62, 37.63, 37.64, 37.65, 37.66, 37.67, 37.69, 37.70, 37.71, 37.72, 37.73, 37.74, 37.75, 38.01, 38.02, 38.03, 38.04, 38.05, 38.06, 38.09, 38.10, 38.11, 38.12 38.13, 38.14
Court Operating Rules: 4.02
Publication Date: July 2007
Revised: July 2009


INTRODUCTION

Rule 37 governs procedures in all courts having original jurisdiction of ordinance (a law enacted by a municipality or county) violations.

Rule 38 governs the procedures in all courts having original jurisdiction of violations of the following statutes:

* Section 577.070, Littering.

* Chapter 301, Registration and Licensing of Motor Vehicles.

* Chapter 302, Drivers’ and Commercial Drivers’ Licenses.

* Chapter 304, Traffic Regulations.

* Chapter 307, Vehicle Equipment Regulations.

* Chapter 390, Motor Carriers and Express Companies.


Rule 37.49 states that any judge having original jurisdiction of any animal control violation, housing violation, or traffic violation may establish by court order a VIOLATIONS BUREAU. The establishment of a violations bureau allows defendants to dispose of their violations without a court appearance; i.e., they may waive a trial, enter a plea of guilty and pay the fine and costs through the mail or at the clerk’s office and never have to appear before a judge.

Violations Bureau payments must be made prior to the defendant’s originally scheduled court appearance unless a continuance is allowed by the court. If payment is not received in advance, the defendant is expected to appear in court on the date shown on the Uniform Citation.


VIOLATIONS THAT MAY NOT BE PROCESSED THROUGH THE VIOLATIONS BUREAU

Not all violations may be handled through the Violations Bureau. Rules 37.49 and 38.06 state that the violations within the authority of the bureau shall be designated by order of the judge and that the following offenses may not be processed through the bureau:

* Any violation resulting in personal injury or property damage;

* Operating a motor vehicle or watercraft while intoxicated or under the influence of intoxicants or drugs;

* Operating a vehicle with a counterfeited, altered, suspended, or revoked license;

* Fleeing or attempting to elude an officer; and

* Any other violation excluded by law.


NOTICE OF VIOLATION (SCR 37.33and 38.07)

The notice of violation must be substantially in the form of the Uniform Citation as set out in Supreme Court Form 37A, with modification as may be necessary to accommodate the jurisdiction involved. In addition, the defendant must be provided with written notification of the specified fine and costs for the alleged violation or directions regarding how to obtain the information. The defendant shall be informed that he or she must respond to the notice by either paying the fine or pleading not guilty and appearing for trial.

SCHEDULE OF FINES (SCRs 37.49 and 38.09; Section 476.385 RSMo)

When a Violations Bureau has been established, the judge must issue an order designating which offenses may be handled through the Violations Bureau and list the fine and costs to be imposed for each offense. The order and fine schedule must be filed with the Clerk of the Supreme Court and must be posted prominently at the place where the costs and fines are to be paid.

NOTE: Most courts have designed and provided to local law enforcement personnel a schedule of fines notice containing Violation Bureau payment instructions. This notice should be given to the defendant by the arresting officer at the time a Uniform Citation is issued, to reduce the number of inquiries by the public.


Forms

DOR form 4704, Record RevisionMunicipal Clerk Manual
Courts with JIS
Chapter One – Citation Case Processing Procedures


1.7 - Violations Bureau

References
Statutes: Chapters 252, 301, 302, 304, 306, 307, 390 and sections 302.341, 479.050, 479.350, 577.070, and 577.073, RSMo
Supreme Court Rules: 37 and 38
Court Operating Rules: 4.03
Publication Date: July 2007
Revised: April 2019

Introduction

Per Supreme Court Rules 37 and 38, effective May 1, 2019, all municipal ordinance violations may be disposed through a local violations bureau and all traffic, public safety, watercraft, and wildlife violations shall be disposed through a circuit violations bureau.

Supreme Court Rule 37 governs procedures in all courts having original jurisdiction of ordinance (a law enacted by a municipality or county) violations and the disposition of these in a local violations bureau.

Supreme Court Rule 37.49 states that any judge having original jurisdiction of any animal control violation, housing violation, or traffic violation may establish by court order a local violations bureau.

Supreme Court Rule 38 governs the procedures in all courts having original jurisdiction of violations of the following statutes:


Violations That May Not be Processed through the Violations Bureau (SCR 37.49 and 38.06)

Not all violations may be handled through the Violations Bureau. Rules 37.49 and 38.06 state that the violations within the authority of the bureau shall be designated by order of the judge and that the following offenses may not be processed through the bureau:
Notice of Violation (SCR 37.33)

The notice of violation must be substantially in the form of the Uniform Citation as set out in Supreme Court Form 37A, with modification as may be necessary to accommodate the jurisdiction involved. In addition, the defendant must be provided with written notification of the specified fine and costs for the alleged violation or directions regarding how to obtain the information. The defendant shall be informed that he or she must respond to the notice by either paying the fine or pleading not guilty and appearing for trial.

Schedule of Fines (SCR 37.49)

When a Violations Bureau has been established, the order must designate which offenses may be handled through the Violations Bureau and adopt the uniform fine schedule established by Supreme Court Rule 37.495. The uniform fine schedule committee shall promulgate and maintain the uniform fine schedule for violations disposed through a violations bureau.

The schedule must be filed with the Clerk of the Supreme Court and must be prominently posted at the place where the costs and fines are to be paid and list the fine and costs to be imposed for each violation.

Failure to Respond (Sections 302.341 and 479.350, RSMo)

For moving traffic violations, (excluding minor traffic violations as defined in section 479.350, RSMo) the court will notify the defendant of their failure to comply and give them 30 days to respond to the notice. If the defendant does not respond within 30 days, the court will notify the Driver’s License Bureau of the Department of Revenue to suspend the offender’s license for failure to pay or respond within the statutory time frames. The Department of Revenue will notify individuals of license suspensions and direct them to contact the court in the county where the ticket originated in order to pay the fine and have the driver’s license reinstated.

Forms

DOR Form 4704, Record Revision Request
Supreme Court Form 37A