Article I. Municipal Court.[109]
Sec. 9-1. Appointment, term, qualifications, etc., of judge.[110]
The appointment, term, qualifications, oath and bond of the
judge of the municipal court shall be as fixed by state law and
the charter of the city. (Code 1959, § 9-1.)
Sec. 9-2. Jurisdiction; powers and duties of judge.[111]
The judge of the municipal court shall have jurisdiction of
and shall try all violations of the City Code and other city
ordinances within the corporate limits and inflict such punishment
as may be prescribed for a violation of the same. He
shall also have such jurisdiction and powers and perform such
duties as are provided by state law and the Charter of the
city. (Code 1959, § 9-2.)
Sec. 9-3. When court open for business; vacation period.[112]
The municipal court shall be open for the transaction of
business every day in the year except Saturdays, Sundays and
legal holidays, but the judge shall be allowed annually a vacation
period of not more than two weeks with pay. (Code 1959,
§ 9-3.)
Sec. 9-4. Compensation of judge.[113]
The judge of the municipal court shall receive a salary, in
such amount as may be fixed by the city council, to be paid by
the city in monthly installments. He shall receive no other
compensation for his services. (Code 1959, § 9-4.)
Sec. 9-4.1. Retirement of judges.
Notwithstanding any other provision of this Code, any
municipal court judge having attained the age of fifty-five
years who has completed ten years or more of continuous
service in such position shall be eligible for retirement, and
upon electing to retire, shall receive an annual pension during
his lifetime equal to four and one-half percent of the
highest annual salary he has received during his term of service
multiplied by the number of years of such service, not
to exceed fifteen years; provided, however, that in no case
shall the amount of such pension exceed the sum of six thousand
dollars annually. No rights under this section shall be
deemed to have vested until such judge shall have attained the
age of fifty-five and completed ten years of service; however,
upon the attainment of such age and completion of such service,
the rights of any such judge shall be deemed vested
and contractual and shall not be abrogated or diminished
on account of any subsequent amendment or repeal of this
section. In addition to such pension, any judge electing to retire
pursuant to this section shall be eligible upon such retirement
to receive the hospitalization and life insurance benefits
allowed to city employees retiring pursuant to article XVI of
chapter 2 of this Code. (3-9-73.)
Sec. 9-5. Trial fees; accounting for fines, fees and costs.
At or before the time of hearing had before the judge of
the municipal court on any claim over which such judge is
given jurisdiction, the plaintiff in such claim shall pay to the
judge of the municipal court a trial fee of fifty cents for one
hundred dollars of value or fraction thereof, claimed in such
warrant. The trial fee shall be taxed as part of the costs.
In all criminal cases heard on warrant by the judge of the
municipal court, there shall be taxed as a part of the costs a
trial fee of one dollar.
The judge of the municipal court shall cause to be kept a
record of all fines, forfeitures, fees and costs imposed, arising
or collected in the administration of his office, and shall cause
to be reported and paid by the clerk of the municipal court
to the director of finance, daily, all trial fees and civil and
criminal costs except that all fines collected for convictions
under the state law shall be reported and paid to the clerk
of the corporation court, as is provided by state law. (Code
1959, § 9-5.)
Sec. 9-6. Fines for use of city; collection.[114]
All fines imposed under this Code or any other ordinance of
the city shall be for the use of the city. When imposed, the
offender may be committed and the fines may be collected by
execution directed to the chief of police and returnable in
fifteen days before the judge of the municipal court. The
officer levying shall sell the article levied on for cash, on the
City Hall lot, or at such other place in the city as the officer
levying may desire, after five days' notice posted at the door
of the municipal court. (Code 1959, § 9-6.)
Sec. 9-7. Imprisonment upon nonpayment of fine.[115]
Anyone against whom a fine is adjudged may be confined
in jail by the order of the judge of the municipal court until
such fine and the costs are paid; provided, that no term of
imprisonment for the nonpayment of a fine and costs shall
exceed ninety days. (Code 1959, § 9-7.)
Sec. 9-8. Substitute judge.[116]
A substitute judge of the municipal court shall be appointed
as provided by state law. Such substitute judge shall have
such powers, perform such duties and receive such compensation
as are provided by state law. (Code 1959, § 9-8.)
Sec. 9-9. Courtroom, office and supplies.[117]
The city manager shall furnish the judge of the municipal
court, at the expense of the city, with a courtroom, an office
and all necessary furniture, books and stationery, which shall
be under the control of the judge, but shall remain the property
of the city. (Code 1959, § 9-9.)
Sec. 9-10. Bailiff and clerk of court.[118]
The judge of the municipal court shall appoint a bailiff, who
shall also be clerk of the municipal court. The bailiff and
clerk shall attend all sessions of the court, receive all fees and
fines imposed and report and pay the same daily to the director
of finance and shall perform such other duties as may be
required of him by the judge, by state law, and by the city
council. He shall be paid such monthly salary as may be fixed
by the city council and shall give such bond as is prescribed
by section 2-186. (Code 1959, § 9-10.)
