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Municipal Judge Education Committee Updated 3-14-2011

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Municipal Judge Education Committee Updated 3-14-2011 Municipal Judge Education Committee Updated 3-14-2011 Hon. Roy L. Richter, Chair Hon. Dennis E. Budd Hon. Robert L. Hershey Appellate Judge Municipal Judge Municipal Judge Missouri Court of Appeals – 625 N. Benton 2607 PCR 616 Eastern District Springfield, MO 65806 Perryville, MO 63775 One Post Office Square PH: 417-864-1375 PH: 573-547-2594 815 Olive Street FAX: 417-864-1883 Cell: 573-517-1555 St. Louis, MO 63101 [email protected] [email protected] PH: 314-539-4335 Appointed to Committee: 02-22-2001 Appointed to Committee: 01-24-11 FAX: 314-539-4339 Term ends: 12-31- 2011 Term Ends: 12-31-2013 Hon. Larry Butcher Official Station Hon. Shawn R. McCarver Municipal Judge Montgomery County Courthouse Associate Circuit Judge 310 South Platte Clay Way 211 E. Third Division 4 Kearney, MO 64060 Montgomery City, MO 63361 Courthouse – Second Floor PH: 816-628-4887 PH 573-564-3348 1 North Washington Street [email protected] FAX: 573-564-8081 Farmington, MO 63640 [email protected] Appointed to Committee : 02-27-2007 Term ends: 12-31- 2012 PH: 573-756-6601 Appointed to Committee: 10-16-1991 FAX: Appointed Chair: 02-22-2001 [email protected] Term ends: 12- 31-2011 Hon. Earl W. Drennen Appointed to Committee: 06-16-2005 Term ends: 12-31- 2011 Municipal Judge Hon. Dana M. Altieri 507 Briscoe Avenue Municipal Judge O'Fallon, MO 63366 10 N.E. Tudor Road Hon. Kenneth F. Thompson PH: 636-240-4059(home) Lee’s Summit, MO 64086 Associate Circuit Judge 636-379-5514(court) PH: 816/347-1818 Webster County Courthouse FAX: 636-978-4144 FAX: 816/969-1155 P.O. Box B [email protected] [email protected] Marshfield, MO 65706 Appointed to Committee: 07-16-10 Appointed to Committee: 10-16-1991 PH: 417-859-2041 Term ends: 12-31-13 Term ends: 12-31- 2011 FAX: 417-859-6265 [email protected] Suzanne Bocell Bradley Hon. J. Brad Funk [email protected] Municipal Judge Associate Circuit Judge Appointed to Committee : 06-29-1995 Shughart Thomson & Kilroy, P.C. Mercer County Courthouse Term ends: 12-31- 2013 3101 Frederick Avenue 802 E. Main St. Joseph, MO 64506 Princeton, MO 64673 PH: 816-364-2117 (office) PH: 660-748-4232 (court) Hon. Marcia Walsh FAX: 816-279-3977 (office) FAX: 660-748-4292 Municipal Judge (Ret.) PH: 816-233-7447 (home) [email protected] PH: 816-942-5124 FAX: 816-232-2370 (home) Appointed to Committee: 04-23-2004 Appointed to Committee: 08-21-2007 [email protected] Term ends: 12-31- 2012 Term ends: 12-31- 2012 Appointed to Committee : 01-24-1995 [email protected] Term ends: 12-31- 2012 TO: ALL MUNICIPAL JUDGES AND ASSOCAITE CIRCUIT JUDGES PRESIDING OVER MUNICIPAL COURTS The Bench Book has been a guide for municipal judges since 1972. The last edition of the Bench Book was printed in 1998. Realizing how much the laws have changed since the last edition was printed, MMACJA has endeavored to seek funding to no avail. All efforts having failed, the Board of Directors of MMACJA voted for the Association to update this book and distribute to all municipal courts. We realize this is an expensive endeavor but considering the benefits for our municipal courts to have this information readily available to the courts, we are proud to present to you the 2010 BENCH BOOK for municipal courts. There have been many changes in the laws and rules over the past twelve years and we suggest you use this book as necessitated by your court cases. Since many of you preside over more than one court, a book will be provided for each municipal court and should be left in possession of the court. If you should leave your position as judge of any court, please leave the book for your successor. We wish to express our thanks to the many authors, as well as previous authors, for devoting the many hours necessary to write and update these chapters and to Charles Billings, editor of the 2010 Bench Book for his diligent work in coordinating these chapters. We also wish to express our thanks to OSCA for their cooperation in providing updates for all of the Rules. (An updated electronic copy of the Bench Book may be found on OSCA’s web site.) MISSOURI MUNICIPAL & ASSOCIATE CIRCUIT JUDGES ASSOCIATION 2009 Board of Directors TABLE OF CONTENTS I. INTRODUCTION ______________________________________________________ 1.1 Scope of Chapter Missouri Court System 1.2 The Missouri Judicial Branch Statues/Rules/Ordinances 1.3 Statutes 1.4 Supreme Court Rules 1.5 Local Court Rules 1.6 Ordinances The Municipal Division Judge 1.7 The Role of the Judge 1.8 The Judicial Office Defined 1.9 The Court and Its Place In The Administration of Justice-Judge Wilson’s Famous “Box Theory” 1.10 The Opening Statements by The Judge 1.11 Personal Characteristics 1.12 Conclusion II. ADMINISTRATION OF THE MUNCIPAL DIVISION_______________________ 2.1 Introduction General Administration 2.2 Presiding Judge 2.3 Municipal Judge 2.3.1 Marriages 2.4 Court Clerk/Court Administrator 2.5 Municipal Division Budget 2.5.1 Fidelity Bonds 2.6 Establishment of a Violations Bureau Record-Keeping Procedures 2.7 In General 2.8 Court Docket 2.9 Case Numbers 2.10 Case Index 2.11 Closed Records 2.12 Reporting Requirements 2.13 Confidential and Closed Records 2.14 Records Transfer/Destruction 1 Court Facilities 2.15.1 In General 2.15.2 Court Location 2.15.3 Court Security 2.15.4 Courtroom 2.15.5 Clerk’s Office Accounting Guidelines 2.16 In General 2.17 Judicial Education Fund 2.18 Appointed Counsel Fund 2.19 Domestic Violence Shelter Fund 2.20 Inmate Security Surcharge 2.21 Law Enforcement Training Surcharge 2.22 Municipal Division Costs III. JURISDICTION-VENUE-TIME__________________________________________ 3.1 Scope of Chapter 3.2 Source and Distribution of Judicial Power Jurisdiction - Definition and Principles 3.3 Definition 3.4 Principles of Jurisdiction 3.5 Subject Matter Jurisdiction 3.6 Jurisdiction Over the Case 3.7 Jurisdiction Over the Person Special Problems Involving Jurisdictional Issues 3.8 Defects in the Information 3.9 Statute of Limitations 3.10 Disqualification of Judge and Waiver of Disqualification 3.11 Limitation of Probationary Period; Revocation of Probation Venue 3.12 Definition 3.13 Proof of Venue and Subject Matter Jurisdiction Time Computations 3.14 Rule 3.15 Tolling 3.16 Enlargement of Time 3.17 Court Deemed Always Open 2 IV. THE VIOLATION NOTICE, INFORMATION, SUMMONS AND WARRANT __ 4.1 Scope of Chapter Violations Notices 4.2 Contents of Violation Notice 4.3 Form of Violation Notice Information 4.4 Form and Contents A. Leading Cases on Sufficiency of Information B. Sufficiency of Information v. Jurisdiction C. Plain, Concise, and Definite Statement of the Essential Facts D. Lack of Prosecutor’s Signature on the Information E. Lack of Reference to the Charge or Punishment by Chapter and Section F. Lack of Date and Place - Venue 4.5 Pretrail Motions, Defenses, and Objections to Pleadings 4.6 Joinder 4.7 Severance 4.8 Incorrect Name of Defendant 4.9 Amendment of Information A. Amendment that Charges a New or Different Violation B. Test for Prejudice Due to Amendment 4.10 Unavailability of Original Information 4.11 Nonprejudicial Defects of an Information Appearance of the Defendant 4.12 Voluntary Appearance of the Defendant 4.13 Compelling the Appearance of the Defendant A. Appearance by Summons B. Appearance by Warrant for Arrest Form Form 37.A Uniform Citation – Abstract of Court Record V. RIGHT TO COUNSEL__________________________________________________ 5.1 Introduction Defendant Represented By Counsel 5.2 Restrictions on the Court 5.3 When Presence of Attorney is Required 5.4 When Presence of Defendant is Not Required Defendant Not Represented By Counsel 5.5 Informing Defendant of Right to Counsel 3 5.6 Waiver of Counsel 5.7 Defendant Who Refuses to Hire Counsel or Sign Waiver 5.8 Necessity of Counsel When Defendant Faces Commitment for Contempt 5.9 General Considerations 5.10 Requirement of Waiver Indigency and the Appointment of Counsel 5.11 Requirement of Appointment of Counsel 5.12 Determining “Indigency” 5.13 Arranging for Appointment of Counsel 5.14 Drug- and Alcohol-Related Offenses Forms MBB5-01 Memorandum: Finding Defendant Has Waived Counsel and Has Been Advised of Rights CR210 Waiver of Counsel VI. BAIL AND SURETIES__________________________________________________ 6.1 Scope of Chapter Right to Bail 6.2 Purpose of Bail 6.3 Driver’s License as Bond 6.4 Conditions of Release and Setting Bail 6.5 Re-Arresting the Accused Modification of Bond Conditions 6.6 Modification in Division 6.7 Modification by “Higher Court” Forfeiture and Judgment 6.8 Declaring Forfeiture, Setting Aside Forfeiture, and Penalty for Failure to Appear 6.9 Judgment on Bond 6.10 Surrender of Accused by Surety 6.11 Administrative Enforcement of Judgment Sureties 6.12 Uncompensated Sureties 6.13 Compensated Sureties 6.14 Surety Corporations 6.15 Affidavit of Justification Forms 6-01 Notice of Hearings 6-02 Motion to Enter a Judgment of Default on Bond Forfeiture and Execution Theron 6-03 Judgment on Bond Forfeiture 4 VII PRETRAIL POCEEDINGS______________________________________________ 7.1 Scope of Chapter 7.2 Court Docket: Separation of Traffic and Non-Traffic Cases (Docket Control) 7.3 Arraignment 7.4 Violation Bureau and Violations Clerk 7.5 Continuances 7.6 Disqualification of Judge 7.7 Pretrial Motions 7.8 Discovery 7.9 Severance 7.10 Witness—Subpoena 7.11 Service 7.12 Return of Service 7.13 Failure to Appear Forms CR210 Waiver of Counsel MU95 Subpoena Order to Appear VIII.
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