Municipal Division Court
Division Clerk: Tracy Fisher
24th Judicial Court | St. Francois County, MO | Park Hills Municipal Division | 10 Municipal Drive, Park Hills, MO 63601 | Phone: (573) 431-3142 | Fax: (573) 431-2441 | Email: parkhillscourt@parkhillsmo.net
- Municipal Judge: James Joyce
- Prosecutor: Cira Duffe
Tracy Fisher, Division Clerk
About the Division
Municipal divisions of the circuit court hear violations of city or municipal ordinances. The Park Hills municipal judge is appointed by the Mayor, with the consent of the city council, for a two-year term. In addition to the municipal judge, the municipality may employ division clerks and other personnel to staff the division.
All cases with dispositions AFTER July 22, 2019, search for Court Dates, Account Balances, and Active Warrants here:
Park Hills Municipal Division Court Dates
The court is in session on the following days and times:
- Second Monday of each month and begins at 5:00 p.m.
- Fourth Monday of each month and begins at 5:00 p.m.
- January 13 and 27
- February 10 and 24
- March 9
- April 27
- May 11
- June 8 and 22
- July 13 and 27
- August 10 and 24
- September 14 and 28
- October 26
- November 23
- December 14
All monthly payments are due on the 15th of each month.
*Municipal Division Court will not close in the case of inclement weather. Court will be held regardless of any business or school closings occurring on the scheduled days for court.
Overview of Municipal Division Courts
Municipal division courts are authorized by the Missouri Constitution and are part of the circuit courts. They are open to the public of all ages. The purpose of these courts is to provide you with a place to obtain a fair and impartial trial on any alleged violation of a city ordinance. While this is a general overview of your rights in municipal division courts, each individual court may have local rules that may apply to your case. Please check with your local municipal division court for the local court rules.
Municipal division courts are courts of law established to protect the rights of all citizens. If there is anything you do not understand, do not hesitate to ask the judge any questions.
Right to know when the court is open
Every court has different hours it is open. It is important that you check the court’s website or call the court’s clerk to determine when it is open. A comprehensive listing of the websites and phone numbers for all municipal division courts in Missouri can be found HERE
Right to attend court
Courts in Missouri are open to the public of all ages.
Right to release pending hearing
If you are in jail for a municipal charge, you have the right to be released unless the court decides you need to be in jail for the protection of the community or because you may not appear for court. If the court orders your release from jail, there may be conditions on your release, including bail.
Right to access court records
If you have a case in a municipal division court, you have the right to see the court records for your case. This includes records that show charges, court rulings, fines, and other information for your case.
Right to an attorney
You have the right to be represented by an attorney and may hire one at any time. When you first appear in court, you can ask to postpone the hearing one time so you can hire an attorney. However, you are not required to have an attorney represent you. You may represent yourself.
Right to have a judge decide if you can afford a lawyer or pay fines
If you want an attorney, but cannot afford one, you can ask that the judge decide if you qualify for a court-appointed attorney. You may be required to fill out paper work about your finances as a part of this process.
You can also request the judge to decide if you are able to pay court fines or to be granted an alternative sentence. You may be required to fill out paperwork regarding your finances as a part of this process.
You may not be put in jail for failure to pay fines or costs unless the judge finds you have the ability to pay but are unwilling to pay or when alternative sanctions to jail are not sufficient.
Right to a court-appointed attorney
If you show you cannot afford an attorney, and the city is seeking to put you in jail, the court will provide an attorney to represent you.
Right to request a different judge
You may request a change of judge for any reason within ten (10) days after you enter your initial plea. If it is past the ten (10) days, then you must show cause why the judge should be changed.
In addition, a judge may decide he or she cannot hear the case if they have a conflict of interest in the case or the judge will appear as the prosecuting attorney in a neighboring county where the prosecuting attorney will serve as judge.
- The case is ready to be heard by the judge.
- Witnesses are given an oath to testify.
- The city’s witnesses explain their version of what happened.
- You or your attorney can ask questions of the City's witnesses.
- You may testify and call witnesses to explain your version of what happened.
- The city prosecutor may question you and your witnesses, if you and your witnesses testify.
- The judge makes the decision.
If you plead guilty or are found guilty, you may face the following punishments or fines:
- Minor traffic violations—up to $225 total fine and costs.
- Housing, zoning or building code violations—up to $200 total fine and costs for the first violation in a year, $275 for the second violation in a year, $350 for the third violation in a year, and $450 for the fourth and any subsequent violation in a year.
- All other municipal code violations—up to $500.00 fine plus costs.
- In addition to these fines and costs, certain violations may result in jail time. Such violations include any violation involving alcohol or drugs, violations endangering the health or welfare of others, or giving false information to a police officer. You may face up to a year in jail.
You may be able to pay your fines by mail, online, or in person instead of appearing in court. Please check with the clerk of the municipality in which your case is located to get information on how you can pay fees and fines in the municipality.
You may not be put in jail for failure to pay fines or costs unless the judge finds you have the ability to pay but are unwilling to pay or when alternative sanctions to jail are not sufficient.
If you plead not guilty, your case will be scheduled for trial. Because of the number of cases the court hears each month and the need to have the officer and any witnesses present, your case cannot be heard that night. You will be given a future court date for trial.
When your case is scheduled for trial, it will be in the same court in which you appear, UNLESS you request a jury trial. A request for a jury trial should be made by written motion 10 days prior to the scheduled trial date. If the motion is timely, your case will be sent to the presiding judge of the circuit court for a new trial date with a jury.
- At trial, you have a right to testify or remain silent. If you remain silent, it is not considered an admission of guilt. If you testify, the judge may consider any statement you make in deciding your guilt or innocence.
- At trial, you have the right to ask questions of witnesses testifying against you.
- You have the right to ask the clerk to issue a subpoena to require witnesses to come to trial and testify.
- If you are found not guilty, the case ends.
- If you are found guilty, you can accept the decision or appeal to the circuit court. If you appeal your case, you will be granted a new trial before a different judge. The request for appeal must be made in writing within 10 (ten) days of the court’s decision and cannot be extended for any reason. You can appeal even if you are not able to pay. You may also ask the clerk for information on the process.
If you do not have the proper documentation to be in the United States, you should know that a guilty plea or conviction may result in your deportation, denial of admission to the United States, or you may be denied naturalization under United States law. You may wish to speak with an attorney, especially before entering a guilty plea to any charges.
You have rights under the Americans with Disabilities Act (ADA). For example, if you or a witness are deaf or hearing impaired, you have the right to request assistance, including an interpreter. For help, please contact the court’s ADA coordinator. A list of ADA coordinators can be found HERE.
If you need help with other ADA disabilities, please call (573)751-4377 or send an email to access2justice@courts.mo.gov.
- Please stay seated until your case is ready to be heard by the judge.
- Do not smoke or consume food or drink.
- Silence any phones or pagers, and remain quiet.
- Do not sleep or disrupt the court proceedings.
- Be sure to note your next court date and time.
Procedures and Practices for Defense Attorneys Practicing within the 24th Circut of St. Francois County, Missouri, City of Park Hills Municipal Division
- Entries of Appearance: A written entry of appearance shall be filed with court personnel in person or e-filed through Show Me Courts/Case Net; every effort should be made to avoid duplicate submissions. The entry shall include the date of submission, defendant’s full name, ticket number(s), the attorney’s name and MO bar number, fax and phone contact information, email address, and certificate of service to the prosecutor. Entries filed with the court only will NOT be forwarded to the prosecutor. Any pleading filed with an attorney’s signature is considered an entry of appearance and the attorney will be added to the case.
- Request for Recommendation: See ‘Attachment A’ Requests for Discovery shall be filed with the prosecutor or prosecutor clerk. Requests of the prosecution filed with the court only will NOT be forwarded to the prosecutor.
- Request for Discovery: See ‘Attachment B’. Requests for Discovery shall be filed with the prosecutor clerk. Requests of the prosecution filed with the court only will NOT be forwarded to the prosecutor.
- Acceptance of the Prosecutor’s recommendation: See ‘Attachment C’
- Filings and Motions: Filings and motions shall be made in writing and shall be filed with court personnel in person or e-filed through Show Me Courts/Case Net; every effort should be made to avoid duplicate submissions. A certificate of service to opposing counsel must be included in all filings and motions. Oral motions may be allowed at the Judge’s discretion or as allowed by Local Court Rules. In cases of emergency, the Judge will take submissions under advisement on a case by case basis. All filings and motions with notice, when applicable, shall be filed timely and in proper form, including the attorney’s name and bar number and the date of submission, or as directed by Local Court Rules.
- Continuances: Continuances are granted by the Judge or as directed by Local Court Rules. Requests for continuance may be made in person, shall be filed with court personnel in person or e-filed through Show Me Courts/Case Net; every effort should be made to avoid duplicate submissions. Motions for continuance shall be made in writing. A certificate of service to opposing counsel must be included. Oral motions may be allowed at the Judge’s discretion or as allowed by Local Court Rules. Continuances are not granted until approved the court. Court clerks may not grant continuances. The attorney assumes the risk of the request for continuance being denied if the request/motion is not made at least 1 day prior to the next scheduled court date.
- Request for Recall of Warrant(s): A written request may be included in the attorney’s entry of appearance or filed as a separate motion. Requests for a warrant(s) to be recalled may be filed in person, by mail, or fax; every effort should be made to avoid duplicate submissions. A certificate of service to the prosecutor must be included. Oral motions may be allowed at the Judge’s discretion or as allowed by Local Court Rules. All requests for warrant recall will be ruled on by the Judge in a timely manner taking any objections of the prosecutor into account. Warrants will not be recalled automatically upon filing and entry of appearance. Any court date immediately following the recall of any warrant requires the appearance of the attorney and defendant.
- Representation: An attorney who has entered his/her appearance on a case shall remain the attorney of record until a motion to withdraw is filed with the court and granted by the Judge. It is the expectation that the attorney of record appear at all scheduled court appearances with the defendant, unless otherwise instructed by the court. In the event that secondary counsel files an entry of appearance on the case that attorney will be added to the case as co-counsel. It is not the responsibility of the court to handle matters between attorneys and/or their clients. If the defendant is represented by counsel all notifications will be sent to the attorney of record, not the defendant.
- Withdrawal: A written motion to withdraw shall be filed with the court and ruled on by the Judge. The motion may be filed in person, by mail, or fax; every effort should be made to avoid duplicate submissions. A certificate of service to the prosecutor and defendant must be included. Oral motions may be allowed at the Judge’s discretion or as allowed by Local Court Rules.
- Bonds: Bonds can be collected by any peace officer within the agency that is has the defendant in custody. Bonds collected by law enforcement for outside agencies will be forwarded to the court of jurisdiction by the police department or city, the bonds for outside agencies will not be processed by the court. Bonds can be collected by court personnel during regular business hours for cases within the jurisdiction of the division collecting the bond money. Any bonds collected on a case will be returned to the defendant unless a notarized bond assignment is filed with the court to disburse any refund to another party. All fines and costs shall be deducted from the collected bond money prior to any bond money being refunded.
- All requests for a recommendation must be made in writing to the prosecutor/prosecutor clerk. Requests for a recommendation are not required to be filed with the court. Requests can be made in person, by mail, or fax; every effort should be made to avoid duplicate submissions. Requests of the prosecution filed with the court only will NOT be forwarded to the prosecutor.
- Recommendation requests should include any documentation to assist the prosecutor in making a recommendation, including any compliance documents.
- Defense counsel will receive a written recommendation from the prosecutor. The recommendation will indicate if a court appearance is required or if the case can be disposed of without a court appearance pursuant to a Judge’s order in accordance with Rule 37.57. The prosecutor will notify the court that a plea offer has been extended and the case will be continued and notification of the new court date will be sent to the prosecutor and defense counsel by the court. The prosecution may not grant or issue continuance dates. It is the responsibility of defense counsel to notify their client of the change in court date. If the defendant is represented by counsel all notifications will be sent to the attorney of record, not the defendant.
- The prosecution may file the plea offer offered with the court. This filing would be open to the public unless otherwise ordered by the court for good cause shown. If the prosecution should choose to file plea offers with the court, the court may not take notice or make a decision until all parties have signed the plea agreement.
- The prosecuting attorney, attorney of record, and the defendant must sign the plea agreement before the agreement can go before the judge for final disposition pursuant to plea procedures in Rule 37.58. Payment on plea agreements will not be accepted until the judge has accepted the plea agreement and judgment is entered.
- Requests for recommendation will not be processed by court personnel.
Cira Duffe, Prosecuting Attorney | City of Park Hills Municipal Division | 764 Weber Road Farmington, Missouri 63640 | 573-713-9200 (office) | 573-755-0585 (fax)
- Discovery in the municipal divisions is governed by Rule 37.54 and is subject to judicial discretion.
- The prosecution maintains the right to decline to fulfill requests for discovery. Copies of police reports, accident reports and DWI reports will be provided to the defendant acting pro se or defense counsel upon written request without an order from the court.
- General requests will be fulfilled within 4 days from the date of request and can be picked up at the office of the prosecutor or prosecutor’s clerk. Discovery may be mailed upon request if a self-addressed and stamped envelope (appropriate for the size and weight) is included with the request.
- All other requests for discovery must be requested in the form of a written motion filed with the court accompanied by a certificate of service to the prosecutor. Any motions for discovery filed with the court should follow the procedure found under “Court Procedure” in this same document.
- Following the order of the court on the defendant’s motion for discovery all items ordered to be provided to the defense will be made available for pick up at the office of the prosecutor or prosecutor’s clerk within 14 calendar days, or as otherwise specified within the judge’s order. Ordered discovery items may be mailed upon request if a self-addressed and stamped envelope (appropriate for the size and weight) is included with the request.
- Acceptance of the prosecutor’s recommendation by the defendant and/or defense counsel when a court appearance is not required by order of the Judge’s, pursuant to Rule 37.57, must be paid in full prior to the scheduled court date, including fines and costs. If the defendant is unable to pay the fines and costs in full he or she is required to appear at the scheduled court date to arrange a payment plan with the judge. This will not result the plea agreement being rescinded.
- If acceptance of the prosecutor’s recommendation by the defendant and/or defense counsel does require a court appearance, it is expected that defense counsel will be present at the scheduled court date. Failure to do so could result in the judge being unwilling to accept the defendant’s plea until counsel is present and/or a Show Cause Order being issued for the attorney to appear in court and explain to the judge why he or she failed to appear with their client as instructed.
- Payment on a case disposed, pursuant to Rule 37.57, without a court appearance will not be accepted without a copy of the recommendation signed by the prosecutor, defendant, and/or defense counsel, and approval by the judge pursuant to Rule 37.58.
- All payments of fines and costs are to be transacted with court personnel. The prosecutor’s office will not accept any payments.
- Online payment options are available. A copy of the recommendation signed by the prosecutor, defendant, defense counsel, and judge must be filed with the court prior to the court to accepting the online payment. In the event that a copy of the signed recommendation is not on file the payment will be returned.
Search
Recent News
