Charter: Article XII
The Municipal Court

Section 12.1. Jurisdiction and powers

There shall be a municipal court which shall have jurisdiction to hear and determine all cases involving violations of the provisions of this Charter or of the ordinances of the city, subject to appeal by either party to the circuit court in like manner as provided by law for appeals from magistrate court in Greene County in criminal cases. Such court may punish contempts of court in like manner and to the same extent as is authorized by law for courts of record; may enforce its process, orders and judgments in the same manner as a court of record; may issue search warrants as authorized by law upon application of the city attorney, assistant city attorneys or chief of police; may summon and compel the attendance of witnesses; may administer oaths; may summon and compel the attendance of jurors, when a jury is allowed; may pass upon the competency of evidence; and may render final judgment on any forfeited bond or recognizance returnable to such court, subject to appeal, as in other cases.

Section 12.2. Judge of the municipal court

The municipal court shall be presided over by a judge or judges, who shall be a resident of this city, a licensed member of the bar of this state, and who shall have practiced law for not less than five years, elected by the city council on nomination by the city manager for a term of four years, but who shall be removable by the city council on complaint of the city manager at any time or cause by a two-thirds vote of the council after a hearing before the council. Substitute judges may be appointed in like manner to act during absence or disability of a municipal judge.

Approved by vote of the people April 6, 1971.

Section 12.3. Place of holding court

The city shall provide a suitable place for holding court, adequately heated and lighted, together with such offices and chambers as may be necessary. Such places provided for holding court shall not be any building primarily used by the police department and shall have no physical connection with any quarters or buildings used for the police department.

Section 12.4. Compensation of municipal judge; disposition of costs and fines

The council shall prescribe by ordinance the salary and other compensation for a municipal judge; however, the salary shall not be reduced during the term of office of any municipal judge. The council shall likewise prescribe the salary and other compensation for a substitute municipal judge. All costs, fines and forfeitures imposed by the municipal court, or collected under the authority thereof, and all other receipts so collected, shall be regularly accounted for and paid into the City treasury for the use and benefit of the City.

Approved by vote of the people April 2, 1995.

Section 12.5. Marshal

The chief of police, his subordinates, and other conservators of the peace may serve as marshal and deputy marshals of the municipal court and shall enforce its orders, judgments and decrees.

Approved by vote of the people April 7, 1981.

Section 12.6. Proceedings

The forms of complaints and the conduct of all proceedings in the municipal court, including the time of holding court, shall be as prescribed by law or by ordinance not inconsistent with this Charter.

Section 12.7. Jury trial and costs

Any defendant shall have the right to a fair and impartial trial by jury and the costs of jury service shall be paid by the losing party, irrespective of the nature of the verdict. If the jury fails to return a verdict, the cost of the jury shall be paid by the City.

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