37.04 | Supervision of Courts Hearing Ordinance ViolationsAppendix A | Minimum Operating Standards for Municipal Divisions and Municipal Division Judges – Annual Certification RequirementAppendix B | Code of Conduct for Municipal Division PersonnelAppendix C | Notice of Rights for Defendants Appearing in Municipal DivisionsAppendix D | Lawful Enforcement of Legal Financial Obligations; a Bench Card for JudgesAppendix E | Protocols for Presiding Circuit Court Judges in Supervising Municipal Division JudgesAppendix F | Alternative Sanctions: a Bench Card for Judges
First Adopted: May 14, 1985
Most Recently Effective: July 01, 2017
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37.04 | Supervision of Courts Hearing Ordinance Violations
The presiding judge of the circuit shall have general administrative authority over the judges and court personnel of all divisions of the circuit court hearing and determining ordinance violations within the circuit. Municipal divisions shall operate in substantial compliance with the minimum operating standards set out in Appendix A of this 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.
(Adopted May 14, 1985, effective January 1, 1986. Amended September 20, 2016, effective July 1, 2017.)
First Adopted: September 20, 2016
Most Recently Effective: June 01, 2021
Rule 37.04 Appendix A | Supervision of Courts Hearing Ordinance Violations
Appendix A | Minimum Operating Standards for Municipal Divisions and Municipal Division Judges – Annual Certification Requirement
Minimum Operating Standard # 1:
Municipal divisions and their judges shall ensure that when individuals must be held in jail in the interests of justice, this is done strictly in accordance with the principles of due process of law, including:
A. Municipal Divisions
◻ The municipal division is in compliance with the following requirements of section 479.360.1, RSMo:
◻ The municipal division has a duty judge available at all times to rule promptly upon warrants, bail and conditions of pretrial release, and other matters, without undue delay.
◻ 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.
B. Municipal Division Judges
o 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.
o 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.
o No additional charge is issued for failure to appear for a minor traffic violation.
o 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.
o No additional charge is issued for failure to appear for a minor traffic violation.
◻ The municipal division has a duty judge available at all times to rule promptly upon warrants, bail and conditions of pretrial release, and other matters, without undue delay.
◻ 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.
B. Municipal Division Judges
◻ Confinement to coerce payment of fines and costs is utilized only if found in contempt of court after strict compliance with the Due Process procedures of Rule 37.65. Section 479.353, RSMo.
◻ 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.
Minimum Operating Standard # 2:
Municipal division judges shall inquire of defendants and allow them to present information about their financial condition when assessing their ability to pay and establishing payment requirements for monies due.
◻ The judge complies with the following requirements of section 479.360.1, RSMo:
◻ Defendants are allowed to present evidence about their financial condition in assessing their ability to pay and establishing payment requirements.
◻ Stay of execution procedures exist for defendants to pay fines and costs within a specified period of time or to make installment payments. Rule 37.65(a)(1)-(2).
◻ 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.
◻ Defendants are allowed to present evidence about their financial condition in assessing their ability to pay and establishing payment requirements.
o Alternative payment plans are utilized. See also Rule
37.65(a)(1)-(2).
o Community service is utilized with no fee assessed to the defendant.
o Community service is utilized with no fee assessed to the defendant.
◻ Stay of execution procedures exist for defendants to pay fines and costs within a specified period of time or to make installment payments. Rule 37.65(a)(1)-(2).
◻ 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.
Minimum Operating Standard # 3:
Municipal division judges shall not condition an indigent defendant's access to a judicial hearing or the granting of probation upon the payment of fines or fees.
◻ If a defendant files an application for trial de novo, the payment of the statutory trial de
novo fee shall be waived if the defendant qualifies as indigent.
◻ 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.
◻ 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.
Minimum Operating Standard # 4:
Municipal divisions and their judges shall neither assess nor collect unauthorized fines, costs, or surcharges.
A. Municipal Divisions
◻ The violation bureau schedule of fines and costs is prominently posted at the place where fines are to be paid. Rule 37.49(d).
◻ 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).
B. Municipal Division Judges
◻ The violation bureau schedule of fines and costs is prominently posted at the place where fines are to be paid. Rule 37.49(d).
◻ 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).
B. Municipal Division Judges
◻ Fines and costs assessed on "minor traffic violations" as defined at section 479.350(3), RSMo, shall not exceed $225.00. Section 479.353(1)(a), RSMo.
◻ 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.
Minimum Operating Standard # 5:
All municipal judges shall be lawfully selected, lawfully authorized to act in specific cases, and adequately prepared for their duties through appropriate training and continuing education.
A. Municipal Divisions
◻ All judge(s) serving in a municipality – full-time, part-time, substitute, and provisional – are selected pursuant to municipality's ordinance or charter before serving. Section 479.020.1, RSMo.
◻ 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.
B. Municipal Division Judges
◻ Following applicable law, the judge follows rules cutting off or limiting the judge's authority to act in a case once a motion to disqualify, motion for jury trial, or motion for trial de novo is filed.
◻ 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.
Minimum Operating Standard # 6:
Municipal divisions shall be operated in a manner reasonably convenient to the public and in facilities sufficient to the purpose.
◻ Courtrooms are suitable and meet due process requirements for all court attendees. Section 479.060.1, RSMo.
◻ The municipal division is in compliance with the following requirements of section 479.360.1, RSMo:
◻ The municipal division allows payments online and makes available free, online access to information about pending cases, outstanding warrants, and scheduled municipal division dockets,
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.
◻ The municipal division is in compliance with the following requirements of section 479.360.1, RSMo:
o The courtroom is open to the public of all ages and large enough to reasonably
accommodate the public, parties, and attorneys.
o For minor traffic violations, procedures exist for electronic payment or payment by mail.
o For minor traffic violations, procedures exist for electronic payment or payment by mail.
◻ The municipal division allows payments online and makes available free, online access to information about pending cases, outstanding warrants, and scheduled municipal division dockets,
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.
Minimum Operating Standard # 7
Municipal divisions shall be operated in a manner that upholds the constitutional principles of separation of powers and the integrity of the judiciary as a separate and independent branch of government.
◻ Informations are signed by the prosecutor. Rule 37.35(a).
◻ Clerks of court and other nonjudicial personnel do not perform any functions that constitute an actual or apparent conflict of interest with the impartial performance of their judicial duties. Work performed on behalf of law enforcement or the prosecuting attorney is one example of an actual or apparent conflict of interest.
◻ 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.
◻ Clerks of court and other nonjudicial personnel do not perform any functions that constitute an actual or apparent conflict of interest with the impartial performance of their judicial duties. Work performed on behalf of law enforcement or the prosecuting attorney is one example of an actual or apparent conflict of interest.
◻ 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.
Minimum Operating Standard # 8
Municipal divisions shall be operated in accordance with the constitutional principles and legal requirements of open courts and open records.
◻ 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.
◻ 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.
◻ 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.
Minimum Operating Standard # 9:
Municipal divisions shall advise litigants of their rights in court.
◻ Defendants are given advice of rights pursuant to Rules 37.47, 37.48, 37.50, and 37.58.
◻ 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).
◻ 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).
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.
♦ Generally
♦ Chapter 479, RSMo
◻ If holding administrative hearings, the municipal division is authorized to do so. Section 479.011.1, RSMo.
◻ Judge serves as a judge in no more than five municipalities. Section 479.020.9, RSMo.
◻ Judge's 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.
◻ Semiannual disposition report of intoxication-related traffic offenses is provided to the circuit court en banc. Section 479.172.3, RSMo.
♦ Open Records and Other Recordkeeping Matters (Article I, § 14, Constitution of Missouri; Court Operating Rules 2, 4 and 8; sections 483.065, 483.075, 483.082, RSMo)
◻ The municipal division maintains complete and accurate records of municipal division proceedings, including warrants outstanding, bonds posted, case files and dispositions.
◻ The municipal division ensures that the proper disposition of all cases is documented on the municipal division dockets or backer sheets and that all municipal division dockets or backer sheets are signed by the municipal judge, if required by law.
◻ The municipal division ensures that an information signed by the prosecuting attorney is filed for each ordinance violation to be prosecuted. In addition, the municipal division ensures that the prosecuting attorney signs all tickets and reviews and approves all amended and dismissed tickets.
◻ The municipal division ensures that the proper disposition of cases is documented in manual and electronic records and sufficient documentation is maintained to support all case actions.
◻ The municipal division has established procedures to generate monthly reports of municipal division activity, and the municipal division submits these reports timely to OSCA and to the city in accordance with COR 4.28 and 4.29.
◻ The municipal division regularly backs up computer data and ensures it is stored in a secure off-site location and its recovery is tested on a regular, predefined basis.
◻ The municipal division requires unique user identifications and passwords for each employee and passwords that are confidential and periodically changed. The municipal division ensures that user access is periodically reviewed and unnecessary access, including that of terminated users, is removed timely as well as reviews user access to data and other information resources to ensure access rights are commensurate with current user job responsibilities.
♦ Financial and Bookkeeping (section 483.075.1, RSMo)
◻ The municipal division segregates accounting duties to the extent possible. If it is not possible to segregate duties, the municipal division ensures that documented periodic independent or supervisory reviews of municipal division records are performed.
◻ The municipal division ensures that accurate records are maintained to account for all payments received and deposited, receipts are posted accurately and timely, and the method for payment is indicated on all receipts. Checks and money orders are endorsed immediately upon receipt. Additionally, if manual receipts are in use, the municipal division ensures that manual receipt slips are timely entered in the computerized system and the numerical sequence of manual receipt slips is accounted for properly. In addition, the municipal division ensures that voided transactions are properly documented and approved.
◻ The municipal division reconciles the composition of receipts to the composition of deposits, and deposits all monies intact and timely.
◻ The municipal division performs monthly bank reconciliations, resolves reconciling items, and makes appropriate, documented adjustments to accounting records timely.
◻ The municipal division prepares monthly lists of liabilities and reconciles the lists to the bank account and/or city fund balance, promptly investigates and resolves differences, and has established procedures to review the status of liabilities to determine the appropriate disposition of funds held.
◻ The municipal division has developed procedures to ensure the monthly distributions are properly calculated and disbursed timely.
◻ The municipal division has established procedures to routinely generate and review the accrued costs list for accuracy and properly follows up on all amounts due.
◻ The municipal division obtains signed payment plans from all defendants and ensures payment plans are established in the case management system in accordance with court operating rules where applicable.
◻ The municipal division ensures that adequate documentation is maintained to support all adjustment transactions and ensures that an independent review and approval of these transactions is performed and documented.
◻ The municipal division maintains the change fund at an established amount and periodically counts and reconciles the monies on hand to the authorized balance.
◻ The municipal division maintains bond coverage or employee theft coverage for all personnel with access to municipal division monies.
◻ The municipal division ensures that all bond receipts are recorded and deposited timely and intact.
◻ The municipal division has developed procedures and records to identify applicable violations and the associated fines and court costs revenues for the purposes of the revenue calculations required by section 479.359, RSMo, et seq., and the municipal division provides this information to the city.
♦ Trial de novo Procedure
◻ When a case record is certified to the circuit court upon filing of a request for trial de novo, all funds received in connection with the case, any bonds, and the record are transferred within 15 days.
◻ Once a case has been certified to circuit court, the municipal division does not act on that case unless and until the case is remanded back to that municipal division.
♦ Principal/Chief Judge
♦ Non-principal/non-chief judge
◻ The municipal division has a functional clerk's office that organizes and preserves the judicial records of the municipal division in a prudent and organized manner and in compliance with applicable laws and supreme court rules.
◻ The municipal division has a functional clerk's office that
handles bookkeeping and money handling obligations of the municipal
division in a prudent and organized manner and in compliance with the
current recommendations of the Office of State Courts Administrator and
the Missouri state auditor.
◻ The municipal division has certified substantial compliance with
section 479.360.1(1-10), RSMo, and provided
signed certification to the
governing body in compliance with the state auditor's rules and
procedures. Section 479.360.1 and .2, RSMo.
◻ The municipal division provides to the municipality adequate
information for the municipality to determine excessive revenue
calculations to the state auditor. Section 479.359, RSMo.
◻ The municipal division had educated its personnel on the
requirements of Rule 37.04, Appendix B, "Code of Conduct for Municipal
Division Personnel."
◻ The municipal division shall notify the Presiding Judge of the Circuit the following information:
o Names of any substitute, provisional, or pro tem judges who serve
in the municipality.
o Address where municipal division is held.
o Dates and times where municipal division court is held.
o Municipal division phone number.
o Municipal Judge's contact phone number.
o Municipal Judge's email address.
o Clerk's or administrative assistant's email address.
♦ Chapter 479, RSMo
◻ If holding administrative hearings, the municipal division is authorized to do so. Section 479.011.1, RSMo.
◻ Judge serves as a judge in no more than five municipalities. Section 479.020.9, RSMo.
◻ Judge's 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.
◻ Semiannual disposition report of intoxication-related traffic offenses is provided to the circuit court en banc. Section 479.172.3, RSMo.
♦ Open Records and Other Recordkeeping Matters (Article I, § 14, Constitution of Missouri; Court Operating Rules 2, 4 and 8; sections 483.065, 483.075, 483.082, RSMo)
◻ The municipal division maintains complete and accurate records of municipal division proceedings, including warrants outstanding, bonds posted, case files and dispositions.
◻ The municipal division ensures that the proper disposition of all cases is documented on the municipal division dockets or backer sheets and that all municipal division dockets or backer sheets are signed by the municipal judge, if required by law.
◻ The municipal division ensures that an information signed by the prosecuting attorney is filed for each ordinance violation to be prosecuted. In addition, the municipal division ensures that the prosecuting attorney signs all tickets and reviews and approves all amended and dismissed tickets.
◻ The municipal division ensures that the proper disposition of cases is documented in manual and electronic records and sufficient documentation is maintained to support all case actions.
◻ The municipal division has established procedures to generate monthly reports of municipal division activity, and the municipal division submits these reports timely to OSCA and to the city in accordance with COR 4.28 and 4.29.
◻ The municipal division regularly backs up computer data and ensures it is stored in a secure off-site location and its recovery is tested on a regular, predefined basis.
◻ The municipal division requires unique user identifications and passwords for each employee and passwords that are confidential and periodically changed. The municipal division ensures that user access is periodically reviewed and unnecessary access, including that of terminated users, is removed timely as well as reviews user access to data and other information resources to ensure access rights are commensurate with current user job responsibilities.
♦ Financial and Bookkeeping (section 483.075.1, RSMo)
◻ The municipal division segregates accounting duties to the extent possible. If it is not possible to segregate duties, the municipal division ensures that documented periodic independent or supervisory reviews of municipal division records are performed.
◻ The municipal division ensures that accurate records are maintained to account for all payments received and deposited, receipts are posted accurately and timely, and the method for payment is indicated on all receipts. Checks and money orders are endorsed immediately upon receipt. Additionally, if manual receipts are in use, the municipal division ensures that manual receipt slips are timely entered in the computerized system and the numerical sequence of manual receipt slips is accounted for properly. In addition, the municipal division ensures that voided transactions are properly documented and approved.
◻ The municipal division reconciles the composition of receipts to the composition of deposits, and deposits all monies intact and timely.
◻ The municipal division performs monthly bank reconciliations, resolves reconciling items, and makes appropriate, documented adjustments to accounting records timely.
◻ The municipal division prepares monthly lists of liabilities and reconciles the lists to the bank account and/or city fund balance, promptly investigates and resolves differences, and has established procedures to review the status of liabilities to determine the appropriate disposition of funds held.
◻ The municipal division has developed procedures to ensure the monthly distributions are properly calculated and disbursed timely.
◻ The municipal division has established procedures to routinely generate and review the accrued costs list for accuracy and properly follows up on all amounts due.
◻ The municipal division obtains signed payment plans from all defendants and ensures payment plans are established in the case management system in accordance with court operating rules where applicable.
◻ The municipal division ensures that adequate documentation is maintained to support all adjustment transactions and ensures that an independent review and approval of these transactions is performed and documented.
◻ The municipal division maintains the change fund at an established amount and periodically counts and reconciles the monies on hand to the authorized balance.
◻ The municipal division maintains bond coverage or employee theft coverage for all personnel with access to municipal division monies.
◻ The municipal division ensures that all bond receipts are recorded and deposited timely and intact.
◻ The municipal division has developed procedures and records to identify applicable violations and the associated fines and court costs revenues for the purposes of the revenue calculations required by section 479.359, RSMo, et seq., and the municipal division provides this information to the city.
♦ Trial de novo Procedure
◻ When a case record is certified to the circuit court upon filing of a request for trial de novo, all funds received in connection with the case, any bonds, and the record are transferred within 15 days.
◻ Once a case has been certified to circuit court, the municipal division does not act on that case unless and until the case is remanded back to that municipal division.
Certification of Compliance with Minimum Operating Standards
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.
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.
Minimum Operating Standards Form
This form – titled Judge's Report to the Presiding Circuit Judge of
Compliance with Minimum Operating Standards for Municipal Division Having Cases Heard by an Associate Circuit
Judge – was last revised effective July 1, 2018.
(Adopted September 20, 2016, effective September 20, 2016. Amended November 1, 2016, effective November 1,
2016. Amended June 12, 2018, corrected June 29, 2018, effective July 1, 2018; amended November 3, 2020,
effective June 1, 2021.)
First Adopted: November 16, 2016
Most Recently Effective: January 01, 2017
Rule 37.04 Appendix B | Supervision of Courts Hearing Ordinance Violations
Appendix B | Code of Conduct for Municipal Division Personnel
This code of conduct applies to all full-time, part-time and temporary court system employees for municipal divisions, who are identified in this code as "court professionals."
Code of Conduct 1:Avoiding Impropriety and the Appearance of Impropriety in All Activities.
1.1 | Performing Court Duties
A court professional shall faithfully carry out all appropriately assigned duties striving at all times to perform the work diligently, efficiently, equitably, thoroughly, courteously, honestly, truthfully and with transparency.
A court professional shall carry out properly issued court orders and rules, not exceeding the court professional's authority.
A court professional shall make every reasonable effort to act in a manner consistent with his or her judge's obligations under the Missouri Code of Judicial Conduct found at Supreme Court Rule 2.
1.2 | Avoiding Impropriety
A court professional shall avoid both impropriety and the appearance of impropriety.
A court professional shall avoid improper influences from business, family, position, party, or person.
A court professional shall avoid activities that would impugn the dignity of the court.
1.3 | Bias, Prejudice, and Harassment
A court professional shall perform his or her duties without bias or prejudice.
A court professional shall not, in the performance of his or her duties, by words or conduct, manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender, gender identity, religion, national origin, ethnicity, disability, age, sexual orientation, or marital status.
A court professional shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, including but not limited to race, sex, gender, gender identity, religion, national origin, ethnicity, disability, age, sexual orientation, or marital status, against parties, witnesses, lawyers, or others.
These restrictions do not preclude court professionals from making legitimate reference to personal factors or characteristics, when they are relevant to an issue in a proceeding.
1.4 | Respect of Others
A court professional shall treat litigants, coworkers and all others interacting with the court with dignity, respect and courtesy.
1.5 | Involvement in Actions Before a Court
A court professional shall notify their supervisor of the court whenever he or she, anyone in his or her family, or anyone with whom he or she has a close personal relationship has been arrested, named as a party, or is otherwise formally involved in any action pending in any court.
1.6 | Avoiding Privilege
A court professional shall use his or her official position solely for its intended purpose.
A court professional shall not use his or her position (intentionally or unintentionally), to secure unwarranted privileges or exemptions for oneself or others.
A court professional shall not dispense special favors to anyone, whether or not he or she was offered remuneration.
1.7 | Assisting Litigants
A court professional shall be responsive to inquiries regarding standard court procedures, but shall not give legal advice unless it is required as part of one's official position.
Code of Conduct 2: Performing the Duties of Position Impartially and Diligently.
2.1 | Independent Judgment
A court professional shall avoid relationships that would impair one's impartiality and independent judgment.
A court professional shall be vigilant of conflicts of interest and ensure that outside interests are never so extensive or of such nature as to impair one's ability to perform court duties.
2.2 | Personal Relationships
A court professional shall recruit, select, and advance personnel based on demonstrated knowledge, skills, abilities, and bona fide work–related factors, not on favoritism.
A court professional shall avoid appointing, assigning, or directly supervising, a family member, or attempting to influence the employment or advancement of a family member.
Where circumstances dictate that one must work directly with a family member, a court professional shall report the circumstance to their supervisor or the court, regularly assess the situation, and take remedial action at the earliest time practicable.
2.3 | Misconduct of Others
A court professional should expect fellow professionals to abide by this code of conduct.
A court professional shall report to their supervisor or the court the behavior of any court professional who violates this code including, but not limited to, potential conflicts of interest involving one's duties and attempts to inappropriately influence one in performing one's duties.
2.4 | Attempts at Influence
A court professional shall immediately report to their supervisor or the court any attempt to compel one to violate this code of conduct.
2.5 | Properly Maintain Records
A court professional shall not inappropriately destroy, alter, falsify, mutilate, backdate or fail to make required entries on any records within the court's control.
2.6 | Legal Requirements
A court professional shall maintain the legally required confidentialities of the court, not disclosing confidential information to any unauthorized person, for any purpose.
A court professional shall properly provide confidential information that is available to specific individuals authorized to receive such by reason of statute, court rule or administrative policy.
2.7 | Discretion
A court professional shall be respectful of litigants, the public, applicants and employees' personal lives; disregard information that legally cannot or should not otherwise be considered; use good judgment in weighing the credibility of Internet data; and be cautious about verifying identities.
A court professional shall treat personal or sensitive information with the same discretion that one would wish others to have if one were involved in a similar case.
2.8 | Proper Use of Public Resources
A court professional shall use the resources, property and funds under one's official control judiciously and solely in accordance with prescribed procedures.
Code of Conduct 3:
Conducting Outside Activities to Minimize the Risk of Conflict with Official Position.
3.1 | Outside Business
The court is a court professional's primary employment. A court professional shall avoid outside activities, including outside employment, business activities, even subsequent employment and business activities after leaving judicial service, that reflect negatively upon the judicial branch and on one's own professionalism.
A court professional shall notify their supervisor or the court prior to accepting work or engaging in business outside of one's court duties.
A court professional shall not request or accept any compensation or fee beyond that received from their employer for work done in the course of their public employment.
However, court professionals may engage in outside employment as long as it does not conflict with the performance of their official responsibilities or violate this code of conduct.
3.2 | Compensation and Post Employment Restrictions
During or following one's employment with a court, a court professional shall not represent a commercial interest to, or do business with, that same court unless both the employment and commercial interest are fully disclosed to and approved by the court's appropriate management authority.
3.3 | Avoiding Gifts
A court professional shall not solicit, accept, agree to accept, or dispense any gift, favor, or loan either for oneself or on behalf of another based upon any understanding, either explicit or implicit, that would influence an official action of the court.
3.4 | Financial Disclosure
A court professional shall dutifully disclose all financial interests and dealings required by law, rule, or regulation.
Code of Conduct 4: Refraining from Inappropriate Political Activity.
4.1 | Refraining from Inappropriate Political Activity
A court professional retains one's right to vote and is encouraged to exercise it as a part of citizenship.
Engaging in any political activity is done strictly as a private citizen and only in accordance with state law or court rules.
A court professional shall participate only during non-court hours, using only non-court resources. A court professional shall not use one's position or title within the court system to influence others.
Unless a court professional is elected to one's court position, one shall campaign during non-work hours or take an unpaid leave of absence upon declaring one's intent to run for office.
If elected, a court professional shall resign one's post with the court unless one is holding a political office that clearly does not hold a conflict of interest, nor does it interfere with one's ability to perform one's court duties.
(Adopted November 16, 2016, effective January 1, 2017.)
First Adopted: June 30, 2017
Most Recently Effective: January 01, 2021
Rule 37.04 Appendix C | Supervision of Courts Hearing Ordinance Violations
Appendix C | Notice of Rights for Defendants Appearing in Municipal Divisions
The attached Notice of Rights for Defendants Appearing in Municipal Divisions was last revised effective January 1, 2021.
(Adopted June 30, 2017, effective July 1, 2017. Amended May 17, 2018, effective July 1, 2018; amended June 4, 2020, effective January 1, 2021.)
First Adopted: June 30, 2017
Most Recently Effective: May 04, 2021
Rule 37.04 Appendix D | Supervision of Courts Hearing Ordinance Violations
Appendix D | Lawful Enforcement of Legal Financial Obligations; a Bench Card for Judges
The attached Lawful Enforcement of Legal Financial Obligations: A Bench Card for Judges was last revised effective May 4, 2021.
(Adopted June 30, 2017, effective July 1, 2017. Amended Novemvber 4, 2020, effective May 4, 2021.)
First Adopted: June 29, 2018
Most Recently Effective: July 01, 2018
Rule 37.04 Appendix E | Supervision of Courts Hearing Ordinance Violations
Appendix E | Protocols for Presiding Circuit Court Judges in Supervising Municipal Division Judges
(a) To assist in the supervision of each circuit's municipal divisions, the presiding circuit judges are encouraged to invite each municipal division judge to attend at least one of the circuit's court en banc meetings each year.
(b) In fulfilling their obligation to supervise municipal divisions within their circuit, the presiding circuit judge shall:
(1) Adopt a circuit court rule governing the operation of its municipal divisions and reporting obligations from the municipal divisions to the presiding circuit judge;
(2) Provide education, support, and direction to the municipal divisions;
(3) Verify annually each municipal division's substantial compliance with applicable circuit rules and minimum operating standards; and
(4) 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.
(c) 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. If the presiding circuit judge is unable to obtain substantial compliance voluntarily or believes that the noted deficiencies are serious or continuing, he or she shall immediately give written notice to the clerk of the Supreme Court of Missouri of the identified noncompliance/deficiencies.
(d) The presiding judge, with the assistance of the clerk of the Supreme Court, shall prepare a plan for remediation of the identified concerns and, until the plan for remediation is fully implemented, shall keep the clerk apprised in writing, at least once every 60 days, of the municipal division's success in coming into substantial compliance with the plan.
(e) If the circumstances appear to the presiding judge or the clerk or judges of the Supreme Court to require more immediate and decisive action in the interests of justice, any or all of them may take appropriate action with regard to the noncompliant municipal division. By way of example, this could include directives for necessary changes in operations with appropriate deadlines for compliance; consultation with the governing authorities of the municipality; reassignment of all cases pending in the division to another judge or to multiple judges as may be necessary to handle the case load; suspension of the division's operations until sufficient remediation of the identified noncompliance/deficiencies has been accomplished; reporting the municipal judge to the appointing authority for that judge or to the Commission on Retirement, Removal and Discipline; or other appropriate action within the constitutional authority of the presiding circuit judge or the Supreme Court of Missouri.
(Adopted June 29, 2018, effective July 1, 2018.)
First Adopted: November 03, 2020
Most Recently Effective: June 01, 2021
Rule 37.04 Appendix F | Supervision of Courts Hearing Ordinance Violations
Appendix F | Alternative Sanctions: a Bench Card for Judges
The attached Alternative Sanctions: A Bench Card for Judges was last revised effective June 1, 2021.
(Adopted November 3, 2020, effective June 1, 2021.)