Rule 69 - Municipal Divisions
Rule 69.1 - Revised - Effective Date 9/13/19 - Operation of Municipal Divisions
Part I – Courtroom, Clerk’s Office, Records, Separation of Powers
A. Courtroom – Physical Requirements
1. All courtrooms shall be suitable for all court attendees and meet due process requirements. § 479.060.1 RSMo.
2. All courtrooms shall be open to the public of all ages and large enough to reasonably accommodate the public, parties, and attorneys—unless the court orders otherwise in a particular circumstance for good cause shown.
3. The court facility’s exterior and interior signage, design, functionality, and other factors shall convey an appearance to the public that it is a separate and independent branch of government.
4. The violation bureau schedule of fines and costs shall be prominently posted at the place where fines are to be paid. Rule 37.49(d).
5. The courtroom facility shall be sufficient for the purpose of a courtroom. The facility chosen for court shall take into consideration the safety and comfort of the public, parties, and lawyers. The facility chosen shall uphold the integrity and independence of the judiciary as a separate branch of government.
6. Members of the public and the news media have access to open municipal division records in accordance with Court Operating Rules (COR) 2 and 4 and other relevant law.
B. Clerk’s Office – General
1. The municipal division shall have a functional clerk’s office that organizes and preserves the judicial records of the court in a prudent and organized manner and in compliance with applicable laws and Supreme Court Rules. Rule 37.04 Appendix B.
2. The court shall have a municipal court 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 pursuant to Missouri Supreme Court Rule 37.04 Minimum Operating Standard #8. 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 court 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.
C. Open Records, Recordkeeping
Each municipal court shall:
1. Maintain complete and accurate records of court proceedings, including warrants outstanding, bonds posted, case files, and dispositions.
2. Ensure proper documentation of dispositions in all cases on the court dockets or backer sheets and ensure that all court dockets or backer sheets are signed by the municipal judge—if required by law.
3. Ensure that information signed by the prosecuting attorney is filed for each ordinance violation to be prosecuted. In addition, the court shall ensure that the prosecuting attorney signs all tickets and reviews and approves all amended and dismissed tickets.
4. Document proper disposition of cases in manual and electronic records and ensure that sufficient documentation is maintained to support all case actions.
5. Maintain procedures to generate monthly reports of court activity. The court shall submit these reports timely to OSCA and to the city in accordance with state law, COR 4.28, COR 4.29, and § 479.080.3 RSMo.
6. Maintain regular computer data backup procedures and ensure such data is stored in a secure off-site location and also test its recovery on a regular, predefined basis.
7. Ensure unique user identifications and passwords are required for each employee. Ensure passwords are confidential and periodically changed. Ensure user access is periodically reviewed and unnecessary access, including that of terminated users, is timely removed. Review user access to data and other information resources to ensure access rights are commensurate with current user job responsibilities.
8. Segregate accounting duties to the extent possible. If not possible to segregate duties, the court shall ensure that documented periodic independent or supervisory reviews of court records are performed.
9. Maintain accurate records to account for all payments received and deposited, that receipts are posted accurately and timely, that the method for payment is indicated on all receipts, and that all checks and money orders are endorsed immediately upon receipt. If manual receipts are used, the court shall ensure that manual receipt slips are timely entered in the computerized system and the numerical sequence of manual receipt slips is accounted for properly. The court shall ensure that voided transactions are properly documented and approved.
10. Perform reconciliation of the composition of receipts to the composition of deposits and deposit all monies intact and timely.
11. Perform monthly bank reconciliations, resolve reconciling items, and make timely appropriate documented adjustments to accounting records.
12. Prepare monthly lists of liabilities and reconcile the lists to the bank account and/or city fund balance, and promptly investigate and resolve differences. The court shall establish procedures to review the status of liabilities to determine the appropriate disposition of funds held.
13. Develop procedures to ensure the monthly distributions are properly calculated and disbursed timely.
14. Establish procedures to routinely generate and review the accrued costs list for accuracy and properly follow up on all amounts due.
15. Obtain signed payment plans from all defendants granted such plans. Ensure that payment plans are incorporated in the case management system in accordance with court operating rules where applicable.
16. Notify the circuit clerk of the court’s existence. § 479.030.1 RSMo.
17. Provide sufficient non-judicial personnel to ensure proper functioning of the court. § 479.060.1 RSMo.
18. Ensure all fines and costs collected shall be paid into the municipality’s treasury at least monthly. § 479.080.1 RSMo.
19. Provide a monthly list of cases with required detail within 10 days of the end of each month to the municipality.
20. Adopt a written policy for reporting intoxication-related offenses to the central repository and provide the same policy to OSCA and the highway patrol. The municipal court may use §§ 479.172.1, 479.172.2 RSMo and Court Operating Rule 4 for this purpose.
21. Provide a semiannual disposition report of intoxication-related traffic offenses to the circuit court en banc. § 479.172.3 RSMo.
22. Maintain adequate documentation to support all adjustment transactions and ensure documentation and performance of an independent review and approval.
23. Maintain a change fund at an established amount and periodically count and reconcile the monies on hand to the authorized balance.
24. Maintain bond coverage for all personnel with access to municipal division monies.
25. Ensure all bond receipts are intact and recorded and deposited timely.
26. Develop procedures and maintain records to identify applicable violations and the associated fines and court cost revenues for purposes of the revenue calculations required by § 479.359 RSMo et seq., and provide this information to the city.
27. Maintain physical custody of records until destruction is authorized. Each municipality shall maintain custody of municipal court records even if court operations are transferred to the circuit court.
B. Separation of Powers
Each court shall comply with the following requirements:
1. In the performance of court-related functions, administrators, clerks of court, and other non-judicial personnel shall 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 performed and the manner in which it is to be done.
2. Clerks and other non-judicial personnel shall not perform any functions that could constitute an actual or apparent conflict of interest with the impartial performance of their duties.
3. Judges, clerks of court, and other non-judicial personnel shall not be subject to informal pressure, formal discipline, termination, or threats of non-retention or non-reappointment at the conclusion of a term 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.
4. Judges, clerks of court, and other non-judicial personnel shall not be subject to informal pressure, formal discipline, termination, 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 court to operate in such a way 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.
Part II – General Courtroom Procedures
A. Rights of Defendants
Each court shall comply with the following requirements:
1. Establish standardized procedures to assure that defendants are given advice of rights pursuant to Rules 37.47, 37.48, 37.50, and 37.58.
2. Provide a “Notice of Rights” in a form approved by—or substantially similar to that approved by—the Supreme Court to all defendants. This notice of rights shall be displayed prominently wherever the clerk of the court transacts business with the public and in the facility where court proceedings are held. This notice of rights shall be made available as a handout for those appearing before the court and is displayed on each public information website operated by the court or on behalf of the court.
3. Ensure announcements by the judge intended for the benefit of all present are made in such a manner that they can be heard throughout the courtroom or are communicated adequately in other ways. Such announcements shall also be communicated to those waiting outside the courtroom or otherwise made available to them when they come into the courtroom.
4. Utilize a written “Waiver of Counsel” form substantially in the form set out in Form 37.C. Rule 37.58(d).
B. Other General Rules
Each court shall comply with the following requirements:
1. Provide a schedule of fines and costs to the accused under Rule 37.33(b).
2. Process only authorized charges and not impose any additional charges for failure to appear.
3. Ensure any violation bureau established by the court processes only those violations authorized under Rule 37.49(c).
4. Ensure no additional charges shall be issued for failure to appear for a minor traffic offense.
Part III – Arraignment, Pleas, Financial Condition Inquiries, Indigency, Payment Plan, Online Payment
A. Fines, Costs, Surcharges, Indigency
Each court shall comply with the following requirements:
1. Fines and costs assessed on minor traffic violations (MTV) as set forth in § 479.353.1(a) RSMo shall not exceed $225.00. Fines and costs assessed on “municipal ordinance violations” as defined in § 479.350.4 RSMo shall not exceed the mandatory maximum schedule of § 479.353.1(b) RSMo. Other ordinance violations shall not exceed the maximum amount authorized by state law and/or city codes.
2. Only court costs authorized by statute—including fees, miscellaneous charges, and surcharges as defined in § 488.010 RSMo—shall be assessed. The OSCA bench card on municipal court costs shall be used as a reference. §§ 479.260.1, 479.360.5, and 488.012 RSMo; COR 21.01.
3. “Dismissal on Payment of Costs” (DPC) shall not be permitted. § 479.353.5 RSMo, COR 21.01(c).
4. Court costs shall not be assessed against indigent defendants. § 479.353.4-5 RSMo.
5. No fee shall be assessed to the defendant for the use of community service in compliance with the requirements of § 479.360.1 RSMo.
B. Defendant’s Right to Present Evidence of Inability to Pay
Each court shall comply with the following requirements:
1. Procedures shall be established for the judge to inquire of defendants and allow them to present evidence about their financial condition in order to assess the ability the defendant to pay and establishing payment requirements. Appendix D. The court shall ensure the indigency form provided by the Missouri Supreme Court is used in the determination of indigency. See Supreme Court Model Local Rule 69.01.
2 Ensure procedures are in place whereby defendants may pay fines and costs within a specified period of time or make installment payments. Rule 37.65(b)(1)-(2).
C. Alternative Payment, Community Service, Probation, Payment Plans
Each court shall comply with the following requirements:
1. Alternative payment plans shall be available for utilization. Rule 37.65(b)(1)-(2).
2. The granting of probation shall not be conditioned upon the payment of anything
other than authorized fees. Probation shall not be denied because of the inability of the defendant to pay authorized probation fees and surcharges.
3. Any probation fees assessed shall be in compliance with §§ 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 $30.00 to $50.00 per month. The court shall advise offenders of the right to request individualized consideration of exemption from paying probation fees and surcharges under these statutes.
D. Online Payment
Each court shall comply with the following requirements:
1. Ensure procedures exist to allow payments online. The court shall make available to the defendant free online access to information about his or her pending cases, outstanding warrants, and scheduled court dockets;
OR
2. Actively pursue court automation to achieve compliance with allowing payments online and making available to the defendant free online access to information about his or her pending cases, outstanding warrants, and scheduled court dockets.
E. Trial De Novo, Jury Trial, Change of Judge
Each Court shall comply with the following requirements:
1. The judge shall follow rules cutting or limiting his or her authority to act in a case if the defendant files a motion to disqualify, motion for jury trial, or motion for trial de novo.
2. All notices of application for trial de novo shall be filed in writing with the municipal division within 10 days after the date of judgment. If no application for the trial de novo is filed with the municipal division within 10 days of the judgment, the right to trial de novo shall be deemed waived and the municipal division shall execute the judgment and sentence.
3. If a defendant files an application for trial de novo, the fee for trial de novo shall be $30.00 and shall be deposited with the municipal division. When an application for trial de novo is made without the deposit of the trial de novo fee, the defendant shall also complete and file a Statement of Financial Condition in the form provided by the Missouri Supreme Court in Model Local Rule 69.01. The judge assigned to hear the trial de novo shall be bound by the procedures established in Model Local Rule 69.01, Part III, Sections A, B, and C.
4. When a trial de novo request has been filed, the court shall certify the file to the circuit court within 15 days. The court shall ensure that when a case record is certified to the circuit court upon filing of a request for trial de novo—including all funds received in connection with the case, any bonds, and the record—shall be transferred within 15 days.
5. If the defendant requests a jury trial, the case shall be transferred to the circuit court.
6. Once a case has been certified or transferred to circuit court, the court shall not act on that case unless and until the case is remanded to that court.
7. Upon successful change of judge reque3st and recusals, the procedural requirements of Rule 37.53(d) and § 479.230 RSMo shall be followed.
8. While hearing a trial de novo, the Court shall be bound by Part III, Sections A, B, and C as set out above.
Part IV – Defendants in Custody, Bonds, Warrants, and Sentencing
A. Defendants in Custody
Each court shall comply with the following requirements:
1. Procedures shall 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 videoconferencing.
2. The court shall make 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.” § 544.170.1 RSMo.
3. Confinement may, after compliance with Rule 37.65, be utilized if the defendant is found in contempt of court for nonpayment of fines and costs.
4. There shall be a duty judge available at all times to rule promptly upon warrants, bail and conditions of pretrial release, and other matters, without undue delay.
B. Bond Schedules
Each court shall comply with the following requirements:
1. The municipal division shall ensure bond schedules be utilized only for persons arrested without a warrant and held no longer than 24 hours pursuant to § 479.360.1(2), 544.170.1 RSMo, and Rule 37.17.
C. Warrants
Each court shall comply with the following requirements:
1. Warrants shall be 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).
2. All warrants shall be signed only by judges except for specific exceptions in which a clerk may sign the warrant. Rule 37.45(b)(6).
3. When a case is dismissed by the prosecuting attorney or otherwise resolved, or when the circumstances that justified issuance of a warrant no longer exist, the judge shall recall and cancel any outstanding warrants in that case as soon as practicable.
4. The recall and cancellation of outstanding warrants shall be communicated to law enforcement by the clerk without delay.
5. Due process procedures of Rule 37.65 shall be strictly followed before confining defendants for failure to pay fines and costs. § 479.353.3 RSMo.
D. Sentencing
Each court shall comply with the following requirements:
1. No person shall be 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 eluding or giving false information to a law enforcement officer. § 479.353.2 RSMo.
Part V – Judges’ Qualifications, Regulations, and Duties
A. Qualifications
Each court shall comply with the following requirements:
1. All judges serving in a court municipality—whether full-time, part-time, substitute, or provisional—shall be selected pursuant to the municipality’s ordinance or charter before serving. § 479.020.1 RSMo.
2. A judge may serve as a judge in no more than five municipalities. § 479.020.9 RSMo.
3. A judge shall not be more than 75 years of age. § 479.020.7 RSMo.
4. All lawyer judges shall obtain the following required training and continuing education; and provide documentation to the presiding circuit judge showing completion of:
a. Orientation course completed within 12 months after beginning service. Rule 18.05(d).
b. Five hours of judicial CLE completed annually. Rule 18.05(a).
c. Two hours of judicial ethics CLE completed annually. Rule 18.05(a).
d. CLE compliance form is submitted to the circuit court presiding judge.
e. If substitute/provisional judges preside, names and CLE compliance form have been provided to the circuit court presiding judge.
f. Instruction on laws related to intoxication-related traffic offenses. § 479.172.1 RSMo.
B. Duties of Judge, Generally
Each court shall comply with the following requirements:
1. The court shall have a mechanism in place to check for judicial conflicts prohibited by Rule 37.53(b)(2) to allow the judge to recuse himself or herself in all instances when required to do so by this rule.
2. If holding administrative hearings, the court shall be authorized by law to do so. § 479.011.1 RSMo.
C. Compliance with Minimum Standards
1. By September 1 of each year, each judge of a municipal court shall certify to the presiding judge of his or her compliance with MOS by completing the Minimum Operating Standards Form and submitting it along with qualifying CLE credits to the presiding judge.
ADOPTED 12/21/90
REVISED 7/19/19
EFFECTIVE 9/13/19