Judge Frank J. Vatterott Municipal Judge Since 1980 Missouri Municipal & Associate Judges Association Board Member and Lecturer at Annual Conference for 22 Years Vatterott, Harris, Devine & Kwentus, P.C. 2458 Old Dorsett Rd., Ste. 230 Maryland Heights, MO 63043 fvatterott@vhdklaw.com
Municipal courts were once known as “police courts” with little statutory authority and were independent from the circuit court. In 1979, municipal courts, through Article V of the Missouri Constitution, became divisions of the circuit court. A municipal judge’s “boss” is the presiding judge of the circuit in which the city is located. There are approximately 575 municipal courts in Missouri. 2
Around 400 municipal courts are independent, stand alone courts conducted at city hall chambers. Another 175 municipal courts are presided over by associate circuit court judges. The City is the “plaintiff” in the associate circuit court, but an associate circuit court judge hears the cases, as the municipal judge, at the County court house. 3
Judge ges: If permitted for by an ordinance, judges may be elected by city residents. Otherwise, judges are selected by the Mayor or members of the Board of Trustees, in accordance with an ordinance. Judges must be elected or appointed for a term of not less than two years as provided by the charter or ordinance. Judges may be part-time and serve in more than one municipality. They must retire at 75 years of age. 4
Judges do not have to be a resident of the municipality unless they are elected. They must be residents of Missouri. In most counties, municipal judges do not have to be attorneys to serve. This is not true in St. Louis County or in cities anywhere in the State with over 7,500 in population. Of the 350 municipal judges in the State, about 30 lay judges serve, all in rural cities. 5
A municipal court’s subject jurisdiction is limited to adjudication of ordinance violations only. A municipal judge cannot hear “State” cases. The municipal court acquires jurisdiction over a case upon the filing of information by the prosecutor for the City. Service of a summons on the defendant in person or by mail completes the process. There is a five year statute of limitations on filing municipal cases. This is longer than State misdemeanor cases. 6
Judges are limited to imposing up to a $1,000.00 fine in certain charter counties, and up to a $500.00 fine in other counties, or up to 90 days in jail or both, jail and fine, in all counties. Judges may place a person on probation for up to two years, either as a suspended imposition of sentence, or a suspended execution of sentence. If it is a suspended execution of sentence, there must be an ordinance allowing the judge to do so. 7
The City cannot appeal a finding by a municipal judge of not guilty in most instances. The defendant has a right to a “trial de novo” to appeal a decision of the municipal judge to the circuit judge or associate circuit judge in the County where the municipal court is located. The appeal must be filed within 10 days of the judgment. An application for “trial de novo” suspends the execution of a judgment. Usually the prosecutor for the City remains the prosecutor on the “trial de novo” at the Circuit Court level. 8
Municipal courts cannot hold jury trials by statute. However, since citizens are entitled to jury trials on criminal or quasi-criminal matters, Missouri has a two-tier system, which permits a defendant who wishes a jury trial to “certify” a pending municipal case to the Circuit Court for a jury trial. 9
Municipal judges are authorized to order completion of traffic offender programs, alcohol and drug programs, community service programs, and restitution. Convictions in municipal court may carry collateral consequences. The most common collateral consequence of a conviction is points on a driver’s license. (more later) Municipal courts are under the same point system as State traffic offenses, except that in some instances there are less points assessed, such as speeding (2 pts. in municipal court rather than 3 pts. for a State charge). 10
Other offenses such as “no insurance” carry the same amount of points as State cases. Some violations of municipal ordinances can be used as enhancement (“prior offenses”) in later State cases. Included in these are alcohol-related offenses. New laws limit municipal judges from suspending imposition of sentence when there is a prior DWI. 11
Some municipal ordinance violations, including those of an aggravated nature, such as assault and DWI, may be used as a basis for the Department of Homeland Security to remove an illegal alien defendant. Municipal court judges must make non- citizens aware of deportation consequences through a notice. 12
Basic court costs are set by statute at $12.00. Municipal courts are required to collect a Crime Victim’s Compensation surcharge of $7.50. Missouri courts must also collect $1.00 per case for the Peace Officers Standards and Training Fund (POST). Courts may, by ordinance, collect for the Law Enforcement Training Fund (LETF), up to $2.00. In addition, by ordinance, $2.00 may be collected for a Biometric ID Fund (i.e. finger printing). 13
In August of 2013, Missouri Supreme Court ordered municipal courts to collect a $3.00 Sheriffs’ Retirement Fund Surcharge. This matter is being litigated as a possible violation of the Missouri Constitution which prohibits court costs not related to the administration of justice from being collected. St. Louis County municipal courts are exempt from the surcharge, since the Sheriff of St. Louis County is not a member of the Sheriffs’ Retirement Fund. St. Louis City municipal court is exempt by statute. 14
Court rt Adminis istra trators tors: Court administrators have a wide variety of duties, including monthly reporting to the City, to the Department of Revenue, to the Crime Victims Compensation Fund, to the Office of State Court Administrators (OSCA) and to the Highway Patrol. Court administrators must collect court fines, court costs and surcharges, and distribute same within time limits set by law. Court administrators administer surety bonds, follow accounting procedures required by OSCA, identify court records as open or closed and destroy or retain records as required by Supreme Court operating rules. An Administrative Order for court administrators is included in the materials-it sets out all administrative duties of the court. 15
Municipal judges are subject the Canons of Judicial Conduct, except that part-time judges are not forbidden from participating in political activities. Full-time judges, including full-time municipal judges, are forbidden from engaging in political activities. 16
Municipal judges cannot discuss any pending case with anyone other than the prosecutor, court administrator or defense counsel in accordance with ethics rules. City administrators may not discuss cases with the judge. The judge may discuss general matters with the Board of Alderman, City Council or Board of Trustees. A judge cannot promise any particular outcome if appointed or elected. 17
We Weddings dings: Municipal Judges may perform weddings, but are not required to do so. Judges cannot charge or receive a gift/gratuity for performing a wedding. 18
QU QUESTIONS STIONS & AN & ANSWERS ERS Frank J. Vatterott Vatterott, Harris, Devine & Kwentus, P.C. October 24, 2013 19
Recommend
More recommend
