Chapter 72 – Municipal Court

(ORD. # 1-90)

 

Chapter 72–Municipal Court and Prosecuting Attorney

 

72.010.    Municipal Cases to be heard by Associate Circuit Judge.

 

The City of Holden, Johnson County, Missouri hereby elects to have all violations of its municipal ordinances heard and determined by the Associate Circuit Judge of Johnson County, Missouri, 17th. Judicial Circuit or such other judge as shall be assigned by the presiding judge of the 17th. Judicial Circuit of Missouri, pursuant to the provisions of Section 479.040, Revised Statutes of Missouri.  Court shall be held at the Johnson County COurthouse, Warrensburg, Missouri on the Third (3) Tuesday of the month or at such reasonable times and places as designated by the presiding judge of the 17th. Judicial Circuit.

 

72.020.    Office of City Prosecutor, Appointment, Term, Duties, Qualifications and Salary.

 

It is the policy and intent of the City Council of Holden that all City

Ordinance Violations be prosecuted fairly and equally before the law, without regard for the sex, race, religion, creed or community standing of the accused; toward that end;

 

  1. The Office of the City Prosecutor is hereby established and shall hereafter be filled by appointment as prescribed by Holden Ordinance 21.100 (2) at the first City Council Meeting after the municipal election at which the position of City Attorney is filled. The City Prosecutor shall hold said office for a term of Two (2) Years.

 

  1. The Mayor shall appoint, subject to the approval of the City Council, a qualified person to perform the duties of City Prosecutor. A vacancy in the office of City Prosecutor shall be filled as prescribed in Holden Ordinance 21.170 (2).

 

  1. Once appointed to office, the City Prosecutor shall be subject to removal by the procedure designated in Holden Ordinance Chapter 21, subchapter M-Removal of Officers.

 

  1. The person appointed by the Mayor shall possess all of the qualifications of a person holding public office in the State of Missouri and shall be a practicing attorney, licensed in Missouri. The person appointed shall be, or immediately after appointment become, a member of the Johnson County Bar Association.

 

  1. It shall be the regular duty of the City Prosecutor to prosecute all City Ordinance Violations in the Municipal Court as and for the City of Holden. He shall receive as consideration therefore a sum of money as shall be set by the City Council of Holden, said sum paid on a monthly basis.
  2. In the event a Defendant in a Holden Municipal Case demands a jury trail or a given Defendant appeals a judgment entered by the Municipal Judge, the City Prosecutor shall receive as compensation the sum of Fifty ($50.00) Dollars per hour or such compensation as the City Prosecutor and the City Council shall agree.

 

 

72.030.    (ORD # 2-96) Appointing Special City Prosecutor in Case of Conflict of Interest or Unavailability of City Prosecutor.

 

  1. In the event the City Prosecutor is unable to investigate, file, or prosecute any charge or offense for the City of Holden due to a conflict of interest, unavailability, or any other reason, the City Attorney may appoint such other special prosecutor on a case-by-case basis to stand in his or her place to carry out the interests of the city.  Such special prosecutor shall be compensated by the city at the rate of $80.00 per hour.

 

72.040.    (Ord. #21-04) Court Costs.  In addition to any fine that may be imposed, there shall be the following costs assessed.

 

  1. There shall be assessed as basic court costs a sum equal to the sum provided for as basic court costs in Section 479.260 RSMo., as amended from time to time.

 

  1. In addition to any other costs that may be imposed, there shall be a surcharge assessed in all municipal cases which shall be used for law enforcement training. The collection and disbursement of this surcharge shall be made pursuant to the provisions of Section 488.5336 RSMo., as amended from time to time, in the maximum amount authorized.

 

  1. In addition to any other costs that may be imposed, there shall be a surcharge assessed in all municipal cases for the Crime Victim’s

Compensation Fund.  The collection and disbursement of this surcharge shall be made pursuant to the provisions of Section 595.045 RSMo., as amended from time to time, in the maximum amount authorized.

 

  1. In addition to any other costs that may be imposed, there shall be a surcharge assessed in all municipal cases for the benefit of shelters for battered persons as defined in Section 455.200. The collection and disbursement of this surcharge shall be made pursuant to the provisions of Section 488.607 RSMo., as amended from time to time, in the maximum amount authorized.

 

  1. The filing fee for applications for a trial de novo shall be in an amount established pursuant to the provisions of Section 479.260 RSMo., and as amended.

 

  1. In addition to any other costs that may be imposed, there shall be assessed as an additional cost, an amount equal to the actual costs which will be assessed against the city by the sheriff for the incarceration of any convicted person in the county jail, including any transportation costs associated with the incarceration.

 

  1. Nothing contained herein shall prevent any court from requiring, as a condition of probation, any person incarcerated in the county jail to pay an amount equal to the actual costs which will be assessed against the city by the sheriff for the incarceration, including any transportation costs associated with the incarceration.

 

 

 

 

 

  1. In addition to any other costs that may be imposed, there shall be an additional cost assessed for all sheriff’s fees submitted to the Court as authorized by law.

 

  1. In addition to costs imposed hereunder, all costs required

to be imposed by State Statute shall be imposed without further enactment.