Supreme Court of Missouri
en banc
November 3, 2020
Effective June 1, 2021
In re:
Repeal of Minimum Operating Standard # 10 of Appendix A, entitled "Municipal Divisions Shall be Well-Managed and Accountable to the Law, with Appropriate Oversight of Municipal Division Operations Provided by the Circuit Court Presiding Judge of the Judicial Circuit," 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 # 10 of Appendix A, entitled " Municipal Divisions Shall be Well-Managed and Accountable to the Law, with Appropriate Oversight of Municipal Division Operations Provided by the Circuit Court Presiding Judge of the Judicial Circuit."
ORDER
1. It is ordered that effective June 1, 2021, Minimum Operating Standard # 10 of Appendix A to Rule 37.04 of Rule 37 be and the same is hereby repealed and a new Minimum Operating Standard # 10 of Appendix A to Rule 37.04 of Rule 37 adopted in lieu thereof to read as follows:
37.04 SUPERVISION OF COURTS HEARING ORDINANCE VIOLATIONS
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Appendix A
Minimum Operating Standards for Municipal Divisions and Municipal Division Judges – Annual Certification Requirement
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Minimum Operating Standard # 10: Municipal divisions shall be well-managed and accountable to the law, with appropriate oversight of municipal division operations provided by the circuit court presiding judge of the judicial circuit.
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Certification of Compliance with Minimum Operating Standards
♦ Principal/Chief Judge
By September 1 of each year, the municipal judge in each municipality with one regular municipal judge, or the chief municipal judge in municipalities with more than one municipal judge, subject to the exceptions listed below, shall certify to the Office of State Courts Administrator compliance with all minimum operating standards.
This certification must be made personally by the judge, and not by a clerk, court administrator, or other personnel. This certification shall be submitted in an electronic format as designated by the Clerk of the Supreme Court of Missouri, and shall include the following electronic attachments:
* Semiannual disposition report of intoxication-related traffic offenses provided to the circuit court en banc pursuant to section 479.172, RSMo;
* Executed substantial compliance certification form, section 479.360.1(1-10), RSMo; and
* CLE compliance form, Rule 18.
In consolidated municipal courts which serve more than one municipality, a separate certification must be filed for each municipality served.
♦ Non-principal/non-chief judge
By September 1 of each year,
* in municipalities with more than one municipal judge, each regular municipal judge other than the chief municipal judge, and
* in all municipal divisions, each substitute, provisional, part-time, and pro tem municipal division judge, subject to the exceptions listed below, shall certify to the Office of State Courts Administrator that the individual judge is in compliance with Minimum Operating Standards 1B, 2, 3, 4B, 5B, and 9. This certification must be made personally by each individual non-principal/non-chief judge, and not by a clerk, court administrator, or other personnel. This certification shall be submitted in an electronic format as designated by the Clerk of the Supreme Court of Missouri, and shall include the following electronic attachment:
* CLE compliance form, Rule 18.
Exceptions: Certification of Compliance with Minimum Operating Standards shall not be required of judges who hear no cases within the 12-month period immediately preceding the September 1 reporting date, associate circuit judges presiding over municipal division cases for municipalities which have elected to have their cases heard by the associate division of the circuit court, special judges sitting temporarily by assignment from the Supreme Court of Missouri, or special judges sitting by assignment from the presiding judge of the circuit. (The exception for associate circuit judges applies only to associate circuit judges hearing municipal division cases at the state circuit court. An associate circuit judge who hears municipal division cases by agreement in a freestanding municipal division is required to file the same certification as would be required of a municipal judge.)
Within one month after each reporting cycle, the Office of State Courts Administrator shall provide the presiding circuit judge of the judicial circuit with the results of its municipal division judges' certifications. Subject to the exceptions above, the presiding circuit judge shall be responsible for ensuring that: each municipal division and the principal municipal division judge is in compliance with all minimum operating standards and each municipal division judge other than the principal municipal division judge is in compliance with minimum operating standards 1B, 2, 3, 4B, 5B, and 9.
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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 division court judge, each municipal division court clerk, and such other persons as she may direct.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice