479.150. Trial by jury, certification for assignment--exception, Springfield municipal court, when, procedure, costs.
Trial by jury, certification for assignment--exception, Springfieldmunicipal court, when, procedure, costs.
479.150. 1. In any municipality, whenever a defendant accused of aviolation of a municipal ordinance has a right to a trial by jury anddemands such trial by jury, except as provided in subsection 2 of thissection, the municipal judge shall certify the case for assignment.
2. Any municipality requiring by ordinance that the municipal judgebe a licensed attorney and which has a population in excess of one hundredthousand persons which is located in a county of the first class not havinga charter form of government and which does not adjoin another first classcounty may elect by passage of an appropriate municipal ordinance to hearjury cases before the municipal court; provided, such jury cases are heardin accordance with the following procedures:
(1) Cases shall be heard with a record being made as required in jurycases before the associate circuit court and the trial shall be conductedand the jury selected in accordance with procedures applicable beforecircuit courts;
(2) In any case tried with a jury in a municipal court underprovisions of this subsection, appeals may be had upon the record to theappropriate state appellate court, and the record for appeal in such casesshall be prepared in accordance with the same rules prescribed by thesupreme court for trials on the record before associate circuit courts;
(3) The costs of equipment or stenographic services for jury trials amunicipality should elect to hold under this section shall be paid by themunicipality, except where the supreme court has by rule provided forreimbursement by the defendant for the cost of transcription, and anyperson who requests a jury trial shall be responsible for all costsincurred in the securing of a jury if such person thereafter waives hisright to a jury trial;
(4) The failure to request a jury trial while the case is pendingbefore the municipal court shall be deemed a waiver of the right to a jurytrial and after such jury trial there shall be no right to a trial de novoin circuit court;
(5) If the municipal judge is disqualified, the rules for appointmentof another municipal judge of the city to hear such cases shall apply;provided, however, that in the event there is no other municipal judgequalified to hear the case, the case shall be certified for assignment.
(L. 1978 H.B. 1634, A.L. 1984 H.B. 1142 & 894, A.L. 2001 S.B. 267)