Supreme Court of Missouri
en banc
December 18, 1998
Effective January 1, 2000
In re:
Repeal of subdivision 37.01, entitled “Rules – When Applicable,” subdivision 37.03, entitled “Rules – Construction,” subdivision 37.05, entitled “Local Circuit Court Rules – Publication and Distribution,” subdivision 37.06, entitled “Definitions,” subdivision 37.08, entitled “Rules – When Not Applicable – Procedure,” subdivision 37.12, entitled “Arrest Without Warrant – 20 Hour Limit,” subdivision 37.15, entitled “Right to Release – Conditions,” subdivision 37.16, entitled “Officials Authorized to Set Conditions of Release – Conditions to be Stated on Warrant,” subdivision 37.17, entitled “Arrest Without Warrant – Peace Officer May Set Conditions of Release,” subdivision 37.32, entitled “Bond - Surety Company and Agent – Qualifications,” subdivision 37.33, entitled “Complaint – Contents,” subdivision 37.34, entitled “Information,” subdivision 37.49, entitled “Traffic Violations Bureau – Violations Clerk – Schedule of Fines – Payment,” subdivision 37.61, entitled “Trials – Issues of Fact – Jury – Certification,” subdivision 37.71, entitled “Trial De Novo – Right – Time,” and subdivision 37.72, entitled “Trial De Novo – Stay of Execution,” of Supreme Court Rule 37, entitled “Ordinance Violations and Traffic Violations Bureaus,” and in lieu thereof adoption of a new subdivision 37.01, entitled “Rules – When Applicable,” a new subdivision 37.03, entitled “Rules – Construction,” a new subdivision 37.05, entitled “Local Circuit Court Rules – Publication and Distribution,” a new subdivision 37.06, entitled “Definitions,” a new subdivision 37.08, entitled “Rules – When Not Applicable – Procedure,” a new subdivision 37.15, entitled “Right to Release – Conditions,” a new subdivision 37.16, entitled “Officials Authorized to Set Conditions of Release – Conditions to be Stated on Warrant,” a new subdivision 37.17, entitled “Arrest Without Warrant – Peace Officer May Set Conditions of Release,” a new subdivision 37.32, entitled “Bond – Surety Company and Agent – Qualifications,” a new subdivision 37.33, entitled “Violation Notice – Contents,” a new subdivision 37.34, entitled “Information,” a new subdivision 37.49, entitled “Violation Bureau – Violations Clerk – Schedule of Fines – Payment,” a new subdivision 37.61, entitled “Trials - Issues of Fact – Jury – Certification,” a new subdivision 37.71, entitled “Trial De Novo – Right – Time,” and a new subdivision 37.72, entitled “Trial De Novo – Stay of Execution,” of Supreme Court Rule 37, entitled “Ordinance Violations and Violation Bureaus.”
Repeal of subdivision 37.01, entitled “Rules – When Applicable,” subdivision 37.03, entitled “Rules – Construction,” subdivision 37.05, entitled “Local Circuit Court Rules – Publication and Distribution,” subdivision 37.06, entitled “Definitions,” subdivision 37.08, entitled “Rules – When Not Applicable – Procedure,” subdivision 37.12, entitled “Arrest Without Warrant – 20 Hour Limit,” subdivision 37.15, entitled “Right to Release – Conditions,” subdivision 37.16, entitled “Officials Authorized to Set Conditions of Release – Conditions to be Stated on Warrant,” subdivision 37.17, entitled “Arrest Without Warrant – Peace Officer May Set Conditions of Release,” subdivision 37.32, entitled “Bond - Surety Company and Agent – Qualifications,” subdivision 37.33, entitled “Complaint – Contents,” subdivision 37.34, entitled “Information,” subdivision 37.49, entitled “Traffic Violations Bureau – Violations Clerk – Schedule of Fines – Payment,” subdivision 37.61, entitled “Trials – Issues of Fact – Jury – Certification,” subdivision 37.71, entitled “Trial De Novo – Right – Time,” and subdivision 37.72, entitled “Trial De Novo – Stay of Execution,” of Supreme Court Rule 37, entitled “Ordinance Violations and Traffic Violations Bureaus,” and in lieu thereof adoption of a new subdivision 37.01, entitled “Rules – When Applicable,” a new subdivision 37.03, entitled “Rules – Construction,” a new subdivision 37.05, entitled “Local Circuit Court Rules – Publication and Distribution,” a new subdivision 37.06, entitled “Definitions,” a new subdivision 37.08, entitled “Rules – When Not Applicable – Procedure,” a new subdivision 37.15, entitled “Right to Release – Conditions,” a new subdivision 37.16, entitled “Officials Authorized to Set Conditions of Release – Conditions to be Stated on Warrant,” a new subdivision 37.17, entitled “Arrest Without Warrant – Peace Officer May Set Conditions of Release,” a new subdivision 37.32, entitled “Bond – Surety Company and Agent – Qualifications,” a new subdivision 37.33, entitled “Violation Notice – Contents,” a new subdivision 37.34, entitled “Information,” a new subdivision 37.49, entitled “Violation Bureau – Violations Clerk – Schedule of Fines – Payment,” a new subdivision 37.61, entitled “Trials - Issues of Fact – Jury – Certification,” a new subdivision 37.71, entitled “Trial De Novo – Right – Time,” and a new subdivision 37.72, entitled “Trial De Novo – Stay of Execution,” of Supreme Court Rule 37, entitled “Ordinance Violations and Violation Bureaus.”
ORDER
1. It is ordered that effective January 1, 2000, subdivisions 37.01, 37.03, 37.05, 37.06, 37.08, 37.12, 37.15, 37.16, 37.17, 37.32, 37.33, 37.34, 37.49, 37.61, 37.71, and 37.72 of Supreme Court Rule 37 be and the same are hereby repealed and a new subdivision 37.01, a new subdivision 37.03, a new subdivision 37.05, a new subdivision 37.06, a new subdivision 37.08, a new subdivision 37.15, a new subdivision 37.16, a new subdivision 37.17, a new subdivision 37.32, a new subdivision 37.33, a new subdivision 37.34, a new subdivision 37.49, a new subdivision 37.61, a new subdivision 37.71, and a new subdivision 37.72 adopted in lieu thereof to read as follows:
RULE 37 ORDINANCE VIOLATIONS AND VIOLATION BUREAUS
37.01 RULES - WHEN APPLICABLE
Rule 37 governs the procedure in all courts of this state having original jurisdiction of ordinance violations and the disposition of any such violation in a violation bureau.
37.03 RULES - CONSTRUCTION
Rule 37 shall be construed to secure the just, speedy and inexpensive determination of ordinance violations in a violation bureau and all ordinance violations.
37.05 LOCAL CIRCUIT COURT RULES – PUBLICATION AND DISTRIBUTION
The circuit courts may make rules governing hearing of ordinance violations and the disposition of ordinance violations in a violation bureau if the rules are not inconsistent with the rules of this Court or the Constitution. Upon promulgation, copies of such rules shall be filed with the clerk of this Court. The clerk of each court shall from time to time compile all of the current rules and maintain copies thereof for distribution among members of the bar and litigants.
37.06 DEFINITIONS
Whenever in this Rule 37 the following terms are used, they shall mean the following:
“Animal” includes any animal other than human beings;
“Animal control violation”, any violation of an ordinance relating to the care or control of any animal;
"Clerk", any duly appointed court clerk or court administrator or any deputy or division court clerk serving courts to which this Rule 37 applies;
"Correction official”, a person in control of a detention facility;
"County" includes the City of St. Louis;
"Court”, a division of the circuit court having jurisdiction to hear ordinance violations;
"Detention facility", any jail, workhouse, lockup or other facility normally operated to hold sentenced offenders or that is used to confine adults awaiting trial;
“Housing violation”, any violation of an ordinance relating to the condition or maintenance of residential buildings and residential real property;
"Law" includes constitutions, statutes, ordinances, judicial decisions and this Rule 37;
"Municipal division", any division of the circuit court presided over by a judge having original jurisdiction to hear and determine municipal ordinance violations;
"Municipality" includes all charter, first, second, third and fourth class cities, and towns and villages;
"Ordinance", a law enacted by a municipality or county;
"Peace officer" includes police officers, members of the state highway patrol, sheriffs, marshals, constables, and their deputies;
"Person" includes corporations;
"Prosecutor", any attorney or counselor who represents any county, city, town, or village in the prosecution of a person for violation of an ordinance.
"Traffic violation", any violation of an ordinance relating to the control of traffic;
“Violation”, any ordinance violation within the jurisdiction of any court to which this Rule 37 applies.
37.08 RULES - WHEN NOT APPLICABLE – PROCEDURE
If no procedure is specially provided by this Rule 37, the court shall be governed by Rules 19 to 36, inclusive, to the extent not inconsistent with this Rule 37.
37.15 RIGHT TO RELEASE - CONDITIONS
(a) Any person arrested and charged with an ordinance violation or traffic offense shall be entitled to be released from custody pending trial. The person is also entitled to be released pending trial de novo, review and appeal. As each court enters a judgment, it shall review the conditions of release and may modify them as provided in Rule 37.20.
(b) If any person has not been released by an arresting officer, the judge shall release the person upon a written promise to appear, unless the judge determines that such release will not reasonably assure the appearance. If a written promise to appear will not reasonably assure appearance, the judge shall order one or more of the following conditions:
(1) place the person in the custody of a designated person or organization agreeing to supervise the accused and assure appearance in court;
(2) place restrictions on the travel, association, or place of abode during the period of release;
(3) require the execution of a bond in a stated amount with sufficient solvent sureties, or the deposit with the court a sum in cash or negotiable bonds of the United States or of the State of Missouri or any political subdivision thereof;
(4) require the person to report regularly to some officer of the court or peace officer, in such manner as the judge directs;
(5) require the execution of a bond in a stated amount and the deposit with the court of ten percent, or such lesser sum as the judge directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof; or
(6) impose any other conditions deemed reasonably necessary to assure the appearance of the accused.
(2) place restrictions on the travel, association, or place of abode during the period of release;
(3) require the execution of a bond in a stated amount with sufficient solvent sureties, or the deposit with the court a sum in cash or negotiable bonds of the United States or of the State of Missouri or any political subdivision thereof;
(4) require the person to report regularly to some officer of the court or peace officer, in such manner as the judge directs;
(5) require the execution of a bond in a stated amount and the deposit with the court of ten percent, or such lesser sum as the judge directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof; or
(6) impose any other conditions deemed reasonably necessary to assure the appearance of the accused.
(c) In determining which conditions of release will reasonably assure appearance, the judge shall, on the basis of available information, take into account the nature and circumstances of the violation charged, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character, mental condition, the duration of the accused’s residence in the community, the accused’s record of convictions, the accused’s record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings.
37.16 OFFICIALS AUTHORIZED TO SET CONDITIONS OF RELEASE - CONDITIONS TO BE STATED ON WARRANT
(a) A warrant for the arrest of any person shall contain the condition of release of the accused, which shall be one of the following:
(1) the written promise of the accused to appear; or
(2) the execution of a bond in a stated amount pursuant to Rule 37.15(b)(3); or
(3) the execution of a bond in a stated amount pursuant to Rule 37.15(b)(5).
If the condition of release is not stated on the warrant, the peace officer may set the condition of release specified in Rule 37.15(b)(3).
(b) If the arrest of the accused upon warrant occurs in a county other than that in which the ordinance violation occurred, the peace officer making the arrest shall promptly release the accused in accordance with the release conditions or bail prescribed on the warrant; but if none, the peace officer shall take the accused before a judge of a court in such county having jurisdiction of ordinance violations, to admit the accused to bail in such sum as the judge may determine will likely ensure appearance of the accused before the judge who ordered the warrant. Bail, if taken by the peace officer making the arrest or if taken by a judge in such county, shall be promptly forwarded to the court from which the warrant was issued.
37.17 ARREST WITHOUT WARRANT – PEACE OFFICER MAY SET CONDITIONS OF RELEASE
When an arrest is made without a warrant, the peace officer may set the condition for release specified in Rule 37.15(b)(3), or accept bond in accordance with a bail schedule furnished by the court having jurisdiction.
37.32 BOND - SURETY COMPANY AND AGENT – QUALIFICATIONS
(a) Any corporation qualified under the provisions of section 379.010, RSMo, including the requirement that it produce evidence of its solvency satisfactory to the court, shall be qualified to act as a surety upon any bail bond taken under the provisions of this Rule 37. Any such bond shall be executed by a surety company in the manner provided by law.
(b) An agent acting on behalf of such a corporation shall be subject to the qualifications set forth in Rule 37.29(a), (c), and (d).
37.33 VIOLATION NOTICE - CONTENTS
(a) A violation notice must be in writing and shall:
(1) state the name and address of the court;
(2) state the name of the prosecuting county or municipality;
(3) state the name of the accused, if known, or if the accused’s name is not known, designate the accused by any name or description by which the accused can be identified with reasonable certainty;
(4) state the facts constituting the claimed violation;
(5) state the time and place of the claimed violation as definitely as can be done;
(6) state other legal penalties prescribed by law may be imposed for failure to appear and dispose of the violation.
(b) When a violation has been designated by the judge to be within the authority of a violation bureau pursuant to Rule 37.49, the violation notice shall also state:
(1) the specified fine and costs for the violation; and
(2) a person must respond to the violation notice by:
(A) paying the specified fine and court costs; or
(B) pleading not guilty and appearing at trial.
37.34 INFORMATION
The prosecutor may file an information charging the commission of an ordinance violation based upon either:
(a) the prosecutor’s own knowledge or information and belief, or
(b) upon a verified complaint.
37.49 VIOLATION BUREAU - VIOLATIONS CLERK – SCHEDULE OF FINES – PAYMENT
(a) Any judge having original jurisdiction of any animal control violation, housing violation, or traffic violation may establish by court order a violation bureau, which shall be subject to the supervision of the circuit court.
(b) The judge shall designate a clerk. The clerk 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, subject to the limitations hereinafter prescribed.
(c) The violations within the authority of the bureau shall be designated by order of the judge. Such designated violations may be amended from time to time but shall in no event include the following:
(1) any violation resulting in personal injury or property damage;
(2) operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;
(3) operating a vehicle with a counterfeited, altered, suspended, or revoked license;
(4) fleeing or attempting to elude an officer.
(2) operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;
(3) operating a vehicle with a counterfeited, altered, suspended, or revoked license;
(4) fleeing or attempting to elude an officer.
(d) The judge, by order prominently posted at the place where the fines are to be paid, shall specify by schedule the amount of fines and costs to be imposed for each violation.
(e) Within the time fixed by the judge and subject to the judge's order, any person charged with an animal control, housing, or traffic violation, except violations requiring court appearance, may deliver, by mail, automatic teller machine, or as otherwise directed, the specified amount of the fine and costs to the bureau. Said delivery constitutes a guilty plea and waiver of trial.
37.61 TRIALS - ISSUES OF FACT - JURY – CERTIFICATION
(a) All trials of ordinance violations shall be held in open court in an orderly manner according to law.
(b) If practical, traffic cases shall be heard and tried separately from other types of cases. Where a particular session of court has been designated a traffic case session, only traffic cases shall be tried except for good cause shown.
(c) 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.
(d) A request for a jury trial shall be made by motion filed at least ten days prior to the scheduled trial date. If the designation of the trial judge occurs less than ten days before trial, the application may be filed any time prior to trial. The judge shall promptly rule on a motion for jury trial. If the motion is sustained, the case shall be certified to the presiding judge for assignment for trial by jury unless otherwise provided by statute.
(e) All jury trials shall proceed in the manner provided for the trial of a misdemeanor by the rules of criminal procedure.
(f) If the defendant files a written motion so requesting and attaches thereto a waiver of the right to a jury trial, the case may be remanded to the municipal division for trial.
37.71 TRIAL DE NOVO - RIGHT - TIME
(a) An application for trial de novo shall be filed as provided by law. No judge may order an extension of time for filing or perfecting an application for trial de novo.
(b) An application for trial de novo shall not be granted after the satisfaction by the defendant of any part of the penalty and costs of the judgment.
37.72 TRIAL DE NOVO - STAY OF EXECUTION
The filing of an application for trial de novo or review shall suspend the execution of the judgment of the municipal division. If the applicant for trial de novo withdraws the application or, if before commencement of trial, the court enters a finding that the applicant has abandoned the trial de novo, the case shall be remanded to the municipal division for execution of judgment.
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.
Day - to - Day
_________________________
DUANE BENTON
Chief Justice