479.260. Court costs and fees, judicial education fund, purpose, administration.
Court costs and fees, judicial education fund, purpose,administration.
479.260. 1. Municipalities by ordinance may provide for fees in anamount 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 judgemay assess costs against the defendant except in those cases where thedefendant 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 beassessed, but are in lieu of other court costs. The fees provided by thissubsection shall be collected by the municipal division clerk inmunicipalities electing or required to have violations of municipalordinances tried before a municipal judge pursuant to section 479.020, orto employ judicial personnel pursuant to section 479.060, and disbursed asprovided in subsection 1 of section 479.080. Any other court costsrequired in connection with such cases shall be collected and disbursed asprovided in sections 488.010 to 488.020, RSMo; provided that, eachmunicipal court may establish a judicial education fund and an appointedcounsel fund, each in separate accounts under the control of the municipalcourt to retain one dollar of the fees collected on each case. The feescollected shall be allocated between the two funds as determined by thecourt. The judicial education fund shall be used only to pay for:
(1) The continuing education and certification required of themunicipal judges by law or supreme court rule; and
(2) Judicial education and training for the court administrator andclerks of the municipal court.
The appointed counsel fund shall be used only to pay the reasonable feesapproved by the court for the appointment of an attorney to represent anydefendant found by the judge to be indigent and unable to pay for legalrepresentation, and where the supreme court rules or the law prescribessuch appointment. Provided further, that no municipal court shall retainmore than one thousand five hundred dollars in the judicial education fundfor each judge, administrator or clerk of the municipal court and no morethan five thousand dollars in the appointed counsel fund. Any excessfunds shall be transmitted quarterly to the general revenue fund of thecounty or municipal treasury.
2. In municipal ordinance violation cases which are filed in theassociate circuit division of the circuit court, fees shall be assessed ineach 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 judgeshall assess costs against the defendant except in those cases where thedefendant 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 judgeshall not assess costs against the municipality. The costs authorized inthis subsection are in addition to service charges, witness fees and jailcosts that may otherwise be authorized to be assessed, but are in lieu ofother court costs. The costs provided by this subsection shall becollected by the municipal division clerk in municipalities electing orrequired to have violations of municipal ordinances tried before amunicipal judge pursuant to section 479.020, or to employ judicialpersonnel pursuant to section 479.060, and disbursed as provided insubsection 2 of section 479.080. Any other court costs required inconnection with such cases shall be collected and disbursed as provided insections 488.010 to 488.020, RSMo.
3. A municipality, when filing cases before an associate circuitjudge, shall not be required to pay fees.
4. No fees for a judge, city attorney or prosecutor shall be assessedas costs in a municipal ordinance violation case.
5. In municipal ordinance violation cases, when there is anapplication for a trial de novo, there shall be an additional fee in anamount to be set pursuant to sections 488.010 to 488.020, RSMo, which shallbe assessed in the same manner as provided in subsection 2 of this section.
6. Municipalities by ordinance may provide for a schedule of costs tobe paid in connection with pleas of guilty which are processed in a trafficviolations bureau. If a municipality files its municipal ordinanceviolation cases before a municipal judge, such costs shall not exceed thecourt costs authorized by subsection 1 of this section. If a municipalityfiles its municipal ordinance violations cases in the associate circuitdivision of the circuit court, such costs shall not exceed the court costsauthorized 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)