479.500. Traffic court may be established in twenty-first judicial circuit--appointment of judges--procedure and operation--jurisdiction--qualification of traffic judges, compensation--pleas without p
Traffic court may be established in twenty-first judicialcircuit--appointment of judges--procedure andoperation--jurisdiction--qualification of traffic judges,compensation--pleas without personal appearance--recording ofproceedings--costs of establishment and operation.
479.500. 1. In the twenty-first judicial circuit, a majority of thecircuit judges, en banc, may establish a traffic court, which shall be adivision of the circuit court, and may authorize the appointment of notmore than three municipal judges who shall be known as traffic judges. Thetraffic judges shall be appointed by a traffic court judicial commissionconsisting of the presiding judge of the circuit, who shall be the chair,one circuit judge elected by the circuit judges, one associate circuitjudge elected by the associate circuit judges of the circuit, and twomembers appointed by the county executive of St. Louis County, each of whomshall represent one of the two political parties casting the highest numberof votes at the next preceding gubernatorial election. The procedures andoperations of the traffic court judicial commission shall be established bycircuit court rule.
2. Traffic judges may be authorized to act as commissioners to hearin the first instance nonfelony violations of state law involving motorvehicles, and such other offenses as may be provided by circuit court rule.Traffic judges may also be authorized to hear in the first instanceviolations of county and municipal ordinances involving motor vehicles, andother county ordinance violations, as provided by circuit court rule.
3. In the event that a county municipal court is established pursuantto section 66.010, RSMo, which takes jurisdiction of county ordinanceviolations the circuit court may then authorize the appointment of no morethan two traffic judges authorized to hear municipal ordinance violationsother than county ordinance violations, and to act as commissioner to hearin the first instance nonfelony violations of state law involving motorvehicles, and such other offenses as may be provided by rule. Thesetraffic court judges also may be authorized to act as commissioners to hearin the first instance petitions to review decisions of the department ofrevenue or the director of revenue filed pursuant to sections 302.309 and302.311, RSMo, and, prior to January 1, 2002, pursuant to sections 302.535and 302.750, RSMo.
4. After January 1, 2002, traffic judges, in addition to theauthority provided in subsection 3 of this section, may be authorized bylocal court rule adopted pursuant to article V, section 15 of the MissouriConstitution to conduct proceedings pursuant to sections 302.535 and302.750, RSMo, subject to procedures that preserve a meaningful hearingbefore a judge of the circuit court, as follows:
(1) Conduct the initial call docket and accept uncontesteddispositions of petitions to review;
(2) The petitioner shall have the right to the de novo hearing beforea judge of the circuit court, except that, at the option of the petitioner,traffic judges may hear in the first instance such petitions for review.
5. In establishing a traffic court, the circuit may be divided intosuch sectors as may be established by a majority of the circuit andassociate circuit judges, en banc. The traffic court in each sector shallhear those cases arising within the territorial limits of the sector unlessa case arising within another sector is transferred as provided byoperating procedures.
6. Traffic judges shall be licensed to practice law in this state andshall serve at the pleasure of a majority of the circuit and associatecircuit judges, en banc, and shall be residents of St. Louis County, andshall receive from the state as annual compensation an amount equal toone-third of the annual compensation of an associate circuit judge. Eachjudge shall devote approximately one-third of his working time to theperformance of his duties as a traffic judge. Traffic judges shall notaccept or handle cases in their practice of law which are inconsistent withtheir duties as a traffic judge and shall not be a judge or prosecutor forany other court. Traffic judges shall not be considered state employeesand shall not be members of the state employees' or judicial retirementsystem or be eligible to receive any other employment benefit accordedstate employees or judges.
7. A majority of the judges, en banc, shall establish operatingprocedures for the traffic court which shall provide for regular sessionsin the evenings after 6:00 p.m. and for Saturday or other sessions asefficient operation and convenience to the public may require. Proceedingsin the traffic court, except when a judge is acting as a commissionerpursuant to this section, shall be conducted as provided in supreme courtrule 37. The hearing shall be before a traffic judge without jury, and thejudge shall assume an affirmative duty to determine the merits of theevidence presented and the defenses of the defendant and may questionparties and witnesses. In the event a jury trial is requested, the causeshall be certified to the circuit court for trial by jury as otherwiseprovided by law. Clerks and computer personnel shall be assigned as neededfor the efficient operation of the court.
8. In establishing operating procedure, provisions shall be made forappropriate circumstances whereby defendants may enter not guilty pleas andobtain trial dates by telephone or written communication without personalappearance, or to plead guilty and deliver by mail or electronic transferor other approved method the specified amount of the fine and costs asotherwise provided by law, within a specified period of time.
9. Operating procedures shall be provided for electronic recording ofproceedings, except that if adequate recording equipment is not provided atcounty expense, then, in that event, a person aggrieved by a judgment of atraffic judge or commissioner shall have the right of a trial de novo. Theprocedures for perfecting the right of a trial de novo shall be the same asthat provided under sections 512.180 to 512.320, RSMo, except that theprovisions of subsection 2 of section 512.180, RSMo, shall not apply tosuch cases.
10. The circuit court shall only have the authority to appoint twocommissioners with the jurisdiction provided in subsection 3 of thissection.
11. All costs to establish and operate a county municipal court undersection 66.010, RSMo, and this section shall be borne by such county.
(L. 1992 S.B. 529 § 1, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38)