The presiding circuit judge has the authority to take prompt and appropriate action in regard to the municipal division itself, to the municipal judge, or both, as appropriate, if the annual review or other information brought to the attention of the presiding circuit judge indicates that the municipal division or judge is having difficulty substantially complying with the law and minimum operating standards.
The presiding circuit judge must submit to the clerk of the Supreme Court of Missouri by October 1 of each year, each judge's executed minimum operating standards form referenced in Appendix A to Rule 37.04 and to provide a list of any judges or divisions that did not return the form for the most recent reporting period. The presiding judge can review and approve these reports utilizing the Municipal Division Management Portal, which can be accessed from the Court Information Center (CIC).
Municipal Judge (Section 479.070, RSMo)
The municipal judge shall be the conservator of the peace and have the power to administer oaths and enforce due obedience to all orders, rules and judgments. The dockets and records maintained by the municipal judge shall be records of the circuit court. The judge can serve in no more than five municipalities and the judge must be under 75 years of age.
The judge may fine or imprison for contempt committed before the judge while holding court, in the same manner and to the same extent as a circuit judge.
Municipal divisions shall operate in substantial compliance with the minimum operating standards set out in Appendix A of Rule 37.04. The judges of all such divisions shall be subject to the rules of the circuit court that are not inconsistent with this Rule 37.
Security Point of Contact (see Section 1.4)
The Presiding Judge of each circuit is required to appoint a Security Point of Contact for each municipal division in the circuit. It is the responsibility of the Security Point of Contact to maintain all municipal court and municipal personnel information, name, address, telephone number and all pertinent information for each municipal division within the Municipal Division Management Portal. Updates to court information can be made under the Action of Maintain Municipal Division Court and updates to municipal personnel information can be made under the Action of Maintain Municipal Division Personnel within the portal.
You may find who your Security Point of Contact is by accessing the Municipal Divisions page on CIC. There you will find a link to view who the Security Point of Contact is for your division. Also, you can find the document describing the Responsibilities for the Municipal Division Security Point of Contact at the end of this section.
Municipalities May Establish a Violations Bureau (SCR 37.49)
Any judge having original jurisdiction of all violations contained in the uniform fine schedule established by Rule 37.495, except those that are not offenses within the respective municipality or county, may establish by court order a local Violations Bureau. The order shall designate a violations clerk who shall perform the duties designated by the court, including accepting appearance, waiver of trial, plea of guilty, and payment of fine and costs for the designated violations, entering the plea on the record, and transmitting the violation record as required by law.
See section 1.7, Violations Bureau of this handbook for additional information.
Municipalities to Provide Clerks, Courtroom (Section 479.060, RSMo, Rule 37.04 Appendix “A” MOS 7)
Where municipal violations are to be tried before a municipal judge or judges, the governing body of the municipality shall provide by ordinance for a clerk or clerks and such non-judicial personnel as may be required for the proper functioning of the municipal court. The municipality is also required to provide a suitable courtroom to conduct court.
Court clerks and other court personnel are not permitted to perform any duties on the behalf of either of the two other branches of government that create an actual or apparent conflict of interest. All court personnel work under the direct supervision of the municipal judge while performing court duties.
Municipal Court Budget (COR 13 and Section 477.600, RSMo)
Each municipal division should have its own operating budget set apart from other city departments' budgets. The municipal judge is responsible for preparing the budget and supervising expenditures.
If a municipality and the municipal division are unable to resolve a budget dispute, COR 13 gives either party the authorization to file a request for a settlement conference with the presiding judge of the circuit. The presiding judge shall promptly schedule the conference at which the municipal division shall have the burden of proving the budget request is reasonable. The presiding judge shall issue a written recommendation following the conference.
The municipal division may seek review of any recommendation of the presiding judge regarding the municipal division's budget request by filing a petition for review with the Judicial Finance Commission acting as the Municipal Finance Commission. The municipal judge has the burden of proof that the budget request is reasonable. The Commission shall issue a written recommendation following review of the issues.
Fines and Costs (COR 4.29 and Section 479.080 and 488.012, RSMo)
All fines and costs ordered by a Municipal Judge or an Associate Circuit Judge in Municipal Court shall be paid to and deposited not less frequently than monthly into the municipal treasury. On or before the 15th of each month, the Municipal Division shall submit to the municipality a copy of the monthly case load summary report for the preceding month required by Court Operating Rule 4.28. All other fines and costs shall be distributed as directed by statute and rule. No fines and cost may be assessed without statutory authority.
Trials (SCR 37.61 and section 479.130, RSMo)
Any defendant is entitled to a bench trial. The judge shall determine all issues of fact in ordinance violation cases unless a jury trial is authorized by law and requested by the defendant. See section 2.7, Certification of Case for Jury Trial for additional information. Electronic Record Keeping Systems ( COR 1 and 4)
The office of state courts administrator shall operate the statewide court automation and accounting system. The court automation system shall serve as the communications link for judicial records among all courts and with all regional, statewide, and national non-court systems. Any division of the circuit court may use its existing manual or automated system, and any upgrades approved by the state judicial records committee, until such time as the statewide court automation system is available.
Minimum Operating Standards (SCR 37.04)
By September 1st of each year, every principal/chief municipal judge and every non-principal/non- chief municipal judge, shall certify to the Office of State Courts Administrator compliance with all the minimum operating standards. This certification shall be submitted electronically utilizing the Minimum Operating Standards report from the Municipal Division Management Portal. The portal can be accessed from the Court Information Center (CIC).
Forms Lawful Enforcement of Legal Financial Obligations - A Bench Card for Judges Municipal Division Operating Order Notice of Rights for Defendants Appearing in Municipal Divisions Protocols for Presiding Circuit Court Judges in Supervising Municipal Division Judges