• Procedures exist to prevent defendants from being held longer than 48 hours on minor traffic violations and 72 hours on other violations without being heard by a judge in person, by telephone, or via video conferencing.
• The municipal division has made reasonable efforts to communicate to local law enforcement the 24-hour rule: "Defendants in municipal custody shall not be held more than twenty-four hours without a warrant after arrest." See also section 544.170.1, RSMo, RSMo.
• No additional charge is issued for failure to appear for a minor traffic violation.

¨ Bond schedules are utilized only for persons arrested without a warrant and held no longer than 24 hours pursuant to sections 479.360.1(2) and 544.170.1, RSMo; Rule 37.17.

¨ The municipal division has procedures in place to ensure that when a case is dismissed by the prosecuting attorney or otherwise finally resolved, or when the circumstances that justified issuance of a warrant no longer exist, the judge recalls and cancels any outstanding warrants in that case as soon as practicable.

¨ The municipal division has procedures in place to ensure that the recall and cancellation of outstanding warrants is communicated to law enforcement by the clerk without delay.

¨ Warrants are issued only upon a finding that reasonable grounds exist to believe that the defendant will not appear upon a summons or that the accused poses a danger to a crime victim, the community, or any other person. Rule 37.43(b).

¨ Warrants are signed only by judges unless the exception of a specific warrant ordered by a judge to be signed by a clerk is applicable. Rule 37.45(b)(6).

¨ No person is sentenced to confinement on "minor traffic violations" or "municipal ordinance violations" with the exception of violations: involving alcohol or controlled substances; endangering the health or welfare of others; or involving eluding or giving false information to a law enforcement officer. Section 479.353(2), RSMo.

• Defendants are allowed to present evidence about their financial condition in assessing their ability to pay and establishing payment requirements.
• Alternative payment plans are utilized. See also Rule 37.65(a)(1)-(2).
• Community service is utilized with no fee assessed to the defendant.

¨ If probation fees are assessed, the judge does so in compliance with sections 549.525.2, 559.604, and 559.607, RSMo, including consideration of factors exempting a probationer from part or all of the standard monthly probation fee of $30 to $50 per month. The municipal division advises offenders of the right to request individualized consideration of exemption from paying probation fees and surcharges under these statutes.

¨ If the defendant requests a jury trial, the cause shall be transferred to the circuit court without prepayment of fees.

¨ Granting probation is not conditional upon the payment of anything other than lawfully authorized fees and probation is not denied solely because of the inability of the defendant to pay authorized probation fees and surcharges.

¨ Only court costs (fees, miscellaneous charges, and surcharges as defined at section 488.010, RSMo,) authorized by state statute are assessed. The OSCA bench card on municipal division court costs shall be used as a reference. Sections 479.260.1, 479.360(5), and 488.012,RSMo; COR 21.01.

¨ DPC (Dismissal on Payment of Costs) is not permitted. Section 479.353(5), RSMo; COR 21.01(c).

¨ The municipal division has taken reasonable steps to ensure that, where applicable, the schedule of fines and costs is provided to an accused at the same time as a violation notice. Rule 37.33(b).

¨ If a violation bureau has been adopted, it processes only those violations authorized by Rule 37.49(c).

¨ Fines and costs assessed on "municipal ordinance violations" as defined at section 479.350(4), RSMo, shall not exceed the mandatory maximum amounts authorized by section 479.353(1)(b), RSMo.

¨ Fines assessed on other ordinance violations do not exceed the maximum amount authorized by state law and the city code.

¨ The judge does not assess court costs against indigent defendants. Section 479.353(4)-(5), RSMo.

¨ The judge, in compliance with section 479.360.1(9), RSMo, makes use of community service with no fee assessed to the defendant.

¨ The municipal division has a mechanism in place to check for judicial conflicts prohibited by Rule 37.53(b)(2), and the judge recuses in all instances when required to do so pursuant to this rule.

¨ Upon successful change of judge requests and recusals, the procedural requirements of Rule 37.53(d) and section 479.230, RSMo, are followed.

¨ The judge is in compliance with Rule 18, "Municipal Judge Continuing Education Requirements and Nonlawyer Certification."

¨ The judge has received instruction on laws related to intoxicated-related traffic offenses Section 479.172.1, RSMo.

¨ The municipal division is in compliance with the following requirements of section 479.360.1, RSMo:

• The courtroom is open to the public of all ages and large enough to reasonably accommodate the public, parties, and attorneys.
• For minor traffic violations, procedures exist for electronic payment or payment by mail.

OR
The municipal division is actively pursuing court automation to achieve compliance with allowing payments online and making available free, online access to information about pending cases, outstanding warrants, and scheduled municipal division dockets.

¨ Clerks of court and other nonjudicial personnel, when performing court-related functions, work solely under the direction and supervision of the municipal judge, the circuit clerk, or another officer of the judicial branch as to the work to be performed and the manner in which it is to be done.

¨ Judges, clerks of court, and other nonjudicial personnel are not subject to informal pressure, formal discipline, firing, or threats of non-retention or non-reappointment at the conclusion of a term of office by officers and administrators of the municipal government resulting from the performance of judicial duties in a manner that upholds the independence of the judiciary.

¨ Judges, clerks of court, and other nonjudicial personnel are not subject to informal pressure, formal discipline, firing, or threats of non-retention or non-reappointment at the conclusion of a term of office by officers and administrators of the municipal government that are designed to encourage or require the municipal division to operate in such a way as to maximize the municipal revenues derived from municipal division operations or to meet specified revenue targets without regard to whether such goals or targets are communicated formally or informally to court personnel.

¨ Municipal division facility's exterior and interior signage, design, functionality, and other factors convey an appearance to the public that it is a separate and independent branch of government.

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

¨ The courtroom facility is sufficient for the purpose of a courtroom. The courtroom is large enough to reasonably accommodate the public, parties, and attorneys. Section 479.360.1(7), RSMo. The facility chosen for court takes into consideration 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 municipal division allows members of the public and the news media access to open municipal division records in accordance with Court Operating Rules (COR) 2 and 4 and other relevant law.

¨ The judge assures that a "Notice of Rights in Municipal Division," in a form approved by or substantially similar to that approved by the Supreme Court, is provided to all defendants. This notice of rights is displayed prominently wherever the municipal clerk transacts business with the public and in the facility where proceedings in the municipal division are held. This notice of rights in municipal division is made available as a handout for those appearing before the municipal division and is displayed on each public information website operated by the municipal division or on behalf of the municipal division.

¨ Announcements by the judge that are intended for the benefit of all present can be heard throughout the courtroom or are communicated adequately in other ways. Such announcements are also communicated to those waiting outside the courtroom or otherwise made available to them when they come into the courtroom.

¨ The municipal division utilizes a written "Waiver of Counsel" substantially in the form of Form 37C. Rule 37.58(d).

¨ Judge serves as a judge in no more than five municipalities. Section 479.020.9, RSMo.

¨ Judges are under the age of 75 years. Section 479.020.7, RSMo.

¨ Municipality has notified circuit clerk of the municipal division's existence. Section 479.030.1, RSMo.

¨ Nonjudicial personnel have been provided to ensure proper functioning of the municipal division. Section 479.060.1, RSMo.

¨ Fines and costs collected are paid into the municipality's treasury at least monthly. Section 479.080.1, RSMo.

¨ A written policy for reporting intoxication-related traffic offenses to the central repository has been adopted and provided to OSCA and the highway patrol. Section 479.172.1 and 2, RSMo.

¨ Semiannual disposition report of intoxication-related traffic offenses is provided to the circuit court en banc. Section 479.172.3, RSMo.