The Missouri Supreme Court has ordered the municipal courts to remain accessible to the public throughout the COVID-19 public health emergency in order to perform  their essential functions, including compliance with constitutional and statutory rights of those who are confined.

• Review confined defendants as soon as practicable after arrest
  Municipal judges are strongly encouraged to expeditiously review confined defendants’ conditions for release, in a manner that reduces unnecessary person-to-person contact. Prosecutors should not need more than three hours to make such decisions.

• Review of bonds
  Municipal judges must presume by Missouri statute that a recognizance bond is appropriate for defendants. Given the nature of most municipal offenses, (minor traffic and municipal ordinance violations), most charges should have recognizance bonds.

• Review of outstanding warrants
  Municipal judges should review and consider recalling all outstanding warrants for municipal matters unless there are specified concerns for the safety of a victim, witness or the community.

• Considerations for Release of Defendants
  Municipal judges must consider releasing defendants pursuant to state law and Supreme Court rules that require the imposition of the least restrictive condition(s) of release.
  When considering the least restrictive conditions, municipal judges must always consider non-monetary conditions and determine if they alone will secure the appearance of the defendant in court. This court discourages municipal judges from issuing monetary bonds for most municipal offenses unless potentially dangerous circumstances warrant otherwise. Some municipal offenses, such as domestic assaults and alcohol-related offenses, may warrant additional conditions of release or continued incarceration in order to protect victims and others in the community.

• Provide law enforcement agencies with written procedures for bond condition review for in-custody defendants
  Municipal divisions must develop and provide to their law enforcement agencies a written procedure for the immediate review of bond conditions of defendants taken into custody on a municipal division warrant. Such protocols must be provided to this court immediately.

• Provide and post written procedures for the recall of outstanding warrants and bond reviews for defendants not in-custody
  In the event a municipality limits public access to the office or the administrator of the municipal division to less than 30 hours a week, the municipal division shall develop written procedures, posted at a location visible to the public and on the municipal division’s website, if available, explaining how defendants and attorneys may request the recall of outstanding warrants.

In the event the municipal division requires the posting of a monetary bond for a defendant not in custody, the municipal division shall make available, upon request of the defendant or attorney representing the defendant, a municipal judge to conduct the review of the defendant’s bond conditions. Review of bond conditions may be conducted telephonically or via videoconference.

• Review and update Municipal Division Directory
  In order to facilitate communication between the St. Louis County Justice Center and municipal divisions of the 21st Judicial Circuit, this court has created a municipal division directory which lists all of the contact information for the municipal division, the municipal division judges and the court administrators and staff. Municipal division judges are hereby ordered to review the municipal division directory and provide updated information to this court.

• Provide Notice to Law Enforcement
  All municipal division judges are to forward a copy of the attached Administrative Order to the law enforcement agency in their jurisdiction or to the contracted agency charged with carrying out law enforcement duties for the municipality immediately.

Administrative Order 27 - Remote Depositions During COVID-19

• The Missouri Supreme Court has ordered the municipal courts to remain accessible to the public throughout the COVID-19 public health emergency.
• Even though day and night court proceedings have been cancelled to prevent the spread of the virus, municipal courts must continue to perform certain essential functions, utilizing social media, websites, email, teleconferencing and videoconferencing.
• These essential functions include:
• Issuing and recalling warrants;
• Setting and reducing bonds;
• Processing court costs, fines and fees; and
• Providing information about pending cases, including new court dates.
• If your municipality decides to physically close its courthouse facilities, you must notify the Supreme Court, the Office of State Courts Administrator, and the Presiding Judge of the 21^st Circuit, Judge Michael D. Burton. You will also need to post a notice at your courthouse and notify the media.
• Municipal courts must stay informed of all Administrative Orders issued by the Circuit Court and the Supreme Court of Missouri. These orders are available on the St. Louis County Circuit Court’s website, stlcountycourts.com and the Missouri Supreme Court’s website, www.courts.mo.gov.
• Stay in regular touch with your municipal officials and the St. Louis County Department of Public Health. Follow Health Department guidelines – such as social distancing -- and abide by directives for reporting cases of Coronavirus in your facilities.

MUNICIPAL COURT CORONA VIRUS SUBCOMMITTEE FAQs

1. When can municipal courts re-open for in-person court sessions?

The 21st Judicial Circuit will re-open as a circuit. Currently, St. Louis County is in Phase 1. Municipal courts are not allowed to open for in-person court sessions until the Presiding Judge issues an Order that moves St. Louis County Circuit Court to Phase 3, regardless of whether the municipality has all health and safety procedures in place.

2. Once the 21st Judicial Circuit permits the resumption of in-person court sessions, do municipal courts need to wait to resume in-person court sessions until all municipal courts are found to be able to resume?

No. Once the 21st Judicial Circuit moves into Phase 3, any municipal court may proceed with in-person sessions, assuming that the 21st Judicial Circuit has approved their COOP. (see #3, 4 below).

3. How will municipal courts know when to re-open for in-person court sessions?

The Presiding Judge posts an announcement every week on the St. Louis County Circuit Court webpage at https://wp.stlcountycourts.com/. Emails will also be sent to all municipal court judges and court administrators informing them that they have been approved. If a municipality is not approved, they will be notified of the steps that they need to take to gain approval.

4. Are there any requirements that municipal courts must comply with prior to resuming in-person court sessions?

A COOP must be filed with the circuit court for review and approval. If your court has not submitted a COOP, you may do so by sending it via email to celestine.dotson@courts.mo.gov.  Your court will be notified via email whether your COOP has been approved or rejected.  If you have already submitted a COOP, please review the attached checklist to be sure that your COOP is compliant and re-submit your COOP if necessary.

(See tab for Phase 3 Reopening checklist)

5. Even though municipal courts cannot have in-person court sessions at this time, can municipal courts still accept in-person payments in the lobby?

Yes, so long as social distancing and other health protocols are in place to keep court personnel and visitors safe from COVID exposure.

6. Are municipal courts required to use WebEx for virtual court or are other platforms acceptable?

According to the Missouri Supreme Court, Municipal Courts must now use WebEx to hold virtual court.

7. Can municipal courts issue warrants for defendants who don’t appear for virtual court?

While this decision will remain within the discretion of each Municipal Judge, the 21st Judicial Circuit Corona Virus Committee does not advise issuing warrants until the Municipal Court can re-open for in-person court sessions in light of the potential inability of a defendant to appear virtually, and/or the possible increase of risk for the defendant, the police, and/or other court personnel.

8. Can municipal courts issue lieu of bail holds?

Municipal Courts may issue lieu of bail holds on traffic offenses consistent with state statutes.

9. In light of the confrontation clause, can municipal courts hold trials virtually?

Yes, however it is advisable to have the parties stipulate/acknowledge and waive any objection to the confrontation clause (along with their other rights) in writing prior to holding a virtual trial.

10. Once the 21st Judicial Circuit resumes in-person court sessions, can municipal courts continue to hold courts virtually?

Yes, however, it is recommended that every court hold at least one in-person docket per month to allow those defendants who cannot attend virtually to attend in person.

11. Even though municipal courts cannot have in-person court sessions at this time, do they need pre-approval to start virtual court?

No. Municipal Courts can hold virtual courts now, without any pre-approval from the Presiding Judge.

12. Are there any special steps that need to be taken to start virtual court?

Be sure that your court has the proper computer hardware. A laptop or desktop that has audio and visual capabilities is required. It is helpful if both the court administrator and the judge have separate computers. To avoid audio feedback, ear phones are recommended.

Written notice should be sent to defendants and attorneys well in advance of their court date with information on when and how to log in to your virtual court session. In addition, you should put this information on your city or court website.

(See attached Powerpoint)

Hon. John Newsham, Co-Chair

Hon. Renee Hardin-Tammons, Co-Chair

Hon. Joseph Walsh