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2010 Missouri Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagmo0009 and id is 1 raw text is: CIRCUIT CLERKS: CIRCUIT COURT - CIRCUIT COURTS: COURTS: FEES: JUDGMENTS: MUNICIPALITIES: ORDINANCES: SHERIFFS' RETIREMENT SYSTEM: Municipal courts are courts of the state. All municipal ordinance violation actions are civil proceedings. Therefore, under § 57.955, RSMo, municipal court clerks must collect the $3 surcharge in municipal ordinance violation cases unless the costs are waived or must be paid by the municipality. REVISED OPINION NO. 8-20 10 March 21, 2011 Honorable Kenny Jones Former State Representative, District 117 P.O. Box 6 California, MO 65018 Dear Former Representative Jones: This opinion is replacing the original Opinion No. 8 that was issued June 23, 2010. You asked whether § 57.955, RSMo, relating to the Sheriffs' Retirement System, requires a municipality2 to collect a $3 surcharge for municipal ordinance violations and remit the 1 All statutory citations are to RSMo 2000, unless otherwise noted. 2 There is some question whether the term municipality includes only cities, or may also include counties. For example, § 66.010, RSMo, distinguishes between county municipal courts and municipal courts, and distinguishes between county ordinances and municipal ordinances. Section 66.010, RSMo, allows charter counties to punish violations of county ordinances in the circuit court or a county municipal court, and allows a county municipal court to hear cases involving violations of county ordinances and cases involving violations of municipal ordinances. Another statute distinguishes counties from municipalities, defining municipalities as any city, incorporated town or village in the state. § 349.010, RSMo. Supreme Court Rule 110.04(a)(17), defines a municipal ordinance as an ordinance duly adopted by any city, town, village or county of the state. (emphasis added). Because the issue presented only regards an interpretation of § 57.955, RSMo, which statute treats counties as separate from municipalities, this opinion also treats counties as separate from municipalities.