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In the discharge of his duties and in the trial of cases, the Municipal Judge shall follow the rules prescribed by law for criminal proceedings before a magistrate of the State. The Municipal Judge shall keep a record of all warrants issued by him of all persons arrested and brought before them and of all trials, fines or sentences imposed or judgments entered by them in a permanent book to be known as the Municipal Court docket. A record of all entries made in such docket shall be signed by the Municipal Judge on the date of such entry.
(Passed 3-4-21.)
The Municipal Judge or those officials as specified in Section 171.05 may subpoena as witnesses all persons whose testimony he believes will be relevant and material to matters coming before his Court, and no person lawfully served with such a subpoena shall fail or neglect to comply therewith.
(Passed 3-4-21.)
Every person charged with violating a municipal ordinance shall be entitled to a "speedy" trial and disposition of his or her case, provided the Municipal Court is in session or the Municipal Judge is reasonably available. However the provisions of this section shall not apply when the alleged offender, by reason of drunkenness or other incapacity, is not in a proper condition or is not able to appear before the Court. (Passed 3-4-21.)
When the Municipal Judge is not available or when an alleged offender requests and has reasonable grounds for a delay in the trial of his/her case, he/she may, in lieu of remaining in jail pending disposition of his case, be allowed to post an appearance bond with the Municipal Judge, or in the absence of the Judge, with the ranking police officer on duty at the time provided such alleged offender is not drunk or otherwise in need of protective custody.
(Passed 3-4-21.)
All fines and costs shall be imposed and caused to be recorded by the Municipal Judge on the Municipal Court docket. After any fine and costs have been so imposed and recorded, the Municipal Judge shall have no power to remit or release the same or any part thereof except when necessary to correct an error. (Passed 3-4-21.)
(a) Any person sentenced to imprisonment, or any individual or corporation against whom a fine of ten dollars ($10.00) or more is assessed, shall have the right of appeal from such judgment of the Municipal Judge to the court having jurisdiction over appeals therefrom, upon the payment of costs and the execution of an appeal bond, with security deemed sufficient by the Municipal Judge, in a penalty of an amount deemed sufficient by the Municipal Judge, and costs, conditioned that the appellant will appear before the appellate court on the first day of the next term thereof to answer to the offense with which he is charged and to perform and satisfy any judgment which may be entered against him by the appellate court on such appeal.
(b) In no case shall a fine of less than ten dollars ($10.00) be imposed by a Municipal Judge if the defendant, his agent or attorney object thereto. If an appeal be taken, the warrant of arrest, transcript of the judgment, the appeal bond and other papers and exhibits in the case shall be forthwith delivered by the Municipal Judge to the clerk of the appellate court which shall have jurisdiction to try the case in accordance with law.
(c) Any defendant who is dissatisfied with any judgment of the Municipal Court against him or her within twenty (20) days after such judgment is rendered, legal holidays excepted, may appeal to the next term of the Circuit Court upon posting an appeal bond as set forth herein. (Passed 3-4-21.)
The Municipal Judge may punish for contempt a person guilty of any of the following acts:
(a) Contemptuous or insolent behavior towards him while he is engaged in the trial of a case or in any other judicial proceeding.
(b) Any breach of the peace, willful disturbance or indecent conduct in the presence of such Judge while so engaged, or so near as to obstruct or interrupt his proceedings.
(c) Violence or threats of violence to such Judge or any officer, juror, witness or party going to, attending or returning from, any judicial proceeding before such Judge in respect to anything done or to be done in the course of such proceeding.
(d) Misbehavior of any officer in his official character in respect to any action or judicial proceeding had or pending before such Judge or any process, judgment, order or notice therein.
(e) Willful resistance, in the presence of the Judge by an officer, juror, witness, party or other person to any lawful process or order of such Judge.
(Ord. 3-4-21.)
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