Missouri Revised Statutes













Chapter 479

Municipal Courts and Traffic Courts

←479.250

Section 479.260.1

479.270→

August 28, 2015

Court costs and fees, judicial education fund, purpose, administration.

479.260. 1. Municipalities by ordinance may provide for fees in an

amount per case to be set pursuant to sections 488.010 to 488.020 for each

municipal ordinance violation case filed before a municipal judge, and in the

event a defendant pleads guilty or is found guilty, the judge may assess

costs against the defendant except in those cases where the defendant is

found by the judge to be indigent and unable to pay the costs. The fees

authorized in this subsection are in addition to service charges, witness fees

and jail costs that may otherwise be authorized to be assessed, but are in

lieu of other court costs. The fees provided by this subsection shall be

collected by the municipal division clerk in municipalities electing or

required to have violations of municipal ordinances tried before a municipal

judge pursuant to section 479.020, or to employ judicial personnel pursuant

to section 479.060, and disbursed as provided in subsection 1 of section

479.080. Any other court costs required in connection with such cases shall

be collected and disbursed as provided in sections 488.010 to 488.020;

provided that, each municipal court may establish a judicial education fund

and an appointed counsel fund, each in separate accounts under the control of

the municipal court to retain one dollar of the fees collected on each case.

The fees collected shall be allocated between the two funds as determined by

the court. The judicial education fund shall be used only to pay for:



(1) The continuing education and certification required of the municipal

judges by law or supreme court rule; and



(2) Judicial education and training for the court administrator and

clerks of the municipal court.

The appointed counsel fund shall be used only to pay the reasonable fees

approved by the court for the appointment of an attorney to represent any

defendant found by the judge to be indigent and unable to pay for legal

representation, and where the supreme court rules or the law prescribes such

appointment. Provided further, that no municipal court shall retain more

than one thousand five hundred dollars in the judicial education fund for

each judge, administrator or clerk of the municipal court and no more than

five thousand dollars in the appointed counsel fund. Any excess funds shall

be transmitted quarterly to the general revenue fund of the county or

municipal treasury.



2. In municipal ordinance violation cases which are filed in the

associate circuit division of the circuit court, fees shall be assessed in

each case in an amount to be set pursuant to sections 488.010 to 488.020. In

the event a defendant pleads guilty or is found guilty, the judge shall assess

costs against the defendant except in those cases where the defendant is

found by the judge to be indigent and unable to pay the costs. In the event

a defendant is acquitted or the case is dismissed, the judge shall not assess

costs against the municipality. The costs authorized in this subsection are

in addition to service charges, witness fees and jail costs that may

otherwise be authorized to be assessed, but are in lieu of other court costs.

The costs provided by this subsection shall be collected by the municipal

division clerk in municipalities electing or required to have violations of

municipal ordinances tried before a municipal judge pursuant to section

479.020, or to employ judicial personnel pursuant to section 479.060, and

disbursed as provided in subsection 2 of section 479.080. Any other court

costs required in connection with such cases shall be collected and disbursed

as provided in sections 488.010 to 488.020.



3. A municipality, when filing cases before an associate circuit judge,

shall not be required to pay fees.



4. No fees for a judge, city attorney or prosecutor shall be assessed as

costs in a municipal ordinance violation case.



5. In municipal ordinance violation cases, when there is an application

for a trial de novo, there shall be an additional fee in an amount to be set

pursuant to sections 488.010 to 488.020 which shall be assessed in the same

manner as provided in subsection 2 of this section.



6. Municipalities by ordinance may provide for a schedule of costs to be

paid in connection with pleas of guilty which are processed in a traffic

violations bureau. If a municipality files its municipal ordinance violation

cases before a municipal judge, such costs shall not exceed the court costs

authorized by subsection 1 of this section. If a municipality files its

municipal ordinance violations cases in the associate circuit division of the

circuit court, such costs shall not exceed the court costs authorized by

subsection 2 of this section.



(L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 1996 S.B. 869, A.L. 1997

S.B. 248, A.L. 2009 H.B. 237 & H.B. 238 & H.B. 482)





1997



1997



479.260. 1. Municipalities by ordinance may provide for fees in an

amount per case to be set pursuant to sections 488.010 to 488.020, RSMo,

for each municipal ordinance violation case filed before a municipal judge,

and in the event a defendant pleads guilty or is found guilty, the judge

may assess costs against the defendant except in those cases where the

defendant is found by the judge to be indigent and unable to pay the costs.

The fees authorized in this subsection are in addition to service charges,

witness fees and jail costs that may otherwise be authorized to be

assessed, but are in lieu of other court costs. The fees provided by this

subsection shall be collected by the municipal division clerk in

municipalities electing or required to have violations of municipal

ordinances tried before a municipal judge pursuant to section 479.020, or

to employ judicial personnel pursuant to section 479.060, and disbursed as

provided in subsection 1 of section 479.080. Any other court costs

required in connection with such cases shall be collected and disbursed as

provided in sections 488.010 to 488.020, RSMo; provided that, each

municipal court may establish a judicial education fund in an account under

the control of the municipal court to retain one dollar of the fees

collected on each case and to use the fund only to pay for:



(1) The continuing education and certification required of the

municipal judges by law or supreme court rule; and



(2) Judicial education and training for the court administrator and

clerks of the municipal court.





Provided further, that no municipal court shall retain more than one

thousand five hundred dollars in the fund for each judge, administrator or

clerk of the municipal court. Any excess funds shall be transmitted

quarterly to the general revenue fund of the county or municipal treasury.



2. In municipal ordinance violation cases which are filed in the

associate circuit division of the circuit court, fees shall be assessed in

each case in an amount to be set pursuant to sections 488.010 to 488.020,

RSMo. In the event a defendant pleads guilty or is found guilty, the judge

shall assess costs against the defendant except in those cases where the

defendant is found by the judge to be indigent and unable to pay the costs.

In the event a defendant is acquitted or the case is dismissed, the judge

shall not assess costs against the municipality. The costs authorized in

this subsection are in addition to service charges, witness fees and jail

costs that may otherwise be authorized to be assessed, but are in lieu of

other court costs. The costs provided by this subsection shall be

collected by the municipal division clerk in municipalities electing or

required to have violations of municipal ordinances tried before a

municipal judge pursuant to section 479.020, or to employ judicial

personnel pursuant to section 479.060, and disbursed as provided in

subsection 2 of section 479.080. Any other court costs required in

connection with such cases shall be collected and disbursed as provided in

sections 488.010 to 488.020, RSMo.



3. A municipality, when filing cases before an associate circuit

judge, shall not be required to pay fees.



4. No fees for a judge, city attorney or prosecutor shall be assessed

as costs in a municipal ordinance violation case.



5. In municipal ordinance violation cases, when there is an

application for a trial de novo, there shall be an additional fee in an

amount to be set pursuant to sections 488.010 to 488.020, RSMo, which shall

be assessed in the same manner as provided in subsection 2 of this section.



6. Municipalities by ordinance may provide for a schedule of costs to

be paid in connection with pleas of guilty which are processed in a traffic

violations bureau. If a municipality files its municipal ordinance

violation cases before a municipal judge, such costs shall not exceed the

court costs authorized by subsection 1 of this section. If a municipality

files its municipal ordinance violations cases in the associate circuit

division of the circuit court, such costs shall not exceed the court costs

authorized by subsection 2 of this section.



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