Order dated November 1, 2016, re: Rule 37.04 Appendix A, Minimum Operating Standard 8

Supreme Court of Missouri
en banc

November 1, 2016

In re:

Repeal of Minimum Operating Standard #8 of Appendix A, entitled "Minimum Operating Standards for Missouri Courts: Municipal Divisions," to Rule 37.04, entitled "Supervision of Courts Hearing Ordinance Violations," of Rule 37, entitled "Statutory and Ordinance Violations and Violation Bureaus," and in lieu thereof adoption of a new Minimum Operating Standard #8 of Appendix A, entitled "Minimum Operating Standards for Missouri Courts: Municipal Divisions."

ORDER

1. It is ordered that Minimum Operating Standard #8 of Appendix A to Rule 37.04 of Rule 37 be and the same is hereby repealed and a new Minimum Operating Standard #8 of Appendix A to Rule 37.04 of Rule 37 adopted in lieu thereof to read as follows:

Minimum Operating Standard # 8: Municipal divisions shall be operated in accordance with the constitutional principles and legal requirements of open courts and open records.

o The courtroom is open to the public of all ages and large enough to reasonably accommodate the public, parties, and attorneys.

o The municipal division has a municipal clerk available at least 30 hours per week during regular business hours and court sessions to whom the person can pay fines and from whom the person can obtain information about charges, payments and court operations. The clerk should be available in person during these hours in an office open and accessible to the public and may perform other functions for the municipality that do not constitute an actual or apparent conflict with the impartial performance of judicial duties. In the event the municipal division does not have sufficient staff to have a clerk available for all of the 30 hours in person, the clerk may instead be made available for up to 15 of the 30 hours to provide information about charges, payments and court operations through live communication by telephone, email, or other means of electronic communication.

◻ Courtroom facility is sufficient for the purpose of a courtroom. Courtroom is open to the public of all ages and large enough to reasonably accommodate the public, parties, and attorneys. 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.

2. It is ordered that notice of this order be published in the Journal of the Missouri Bar.

3. It is ordered that this order be published in the South Western Reporter.

4. The state courts administrator shall furnish a copy of this order to each circuit court presiding judge, each municipal judge, each municipal clerk, and such other persons as she may direct.