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The judgment of the court shall reflect that the conviction was on a plea of nolo contendre. The mayor, subject to the approval of the city council, shall have the power and authority to appoint a municipal judge pro tempore, who shall have the same powers and qualifications for office as the municipal judge and shall perform all duties of the municipal judge in the absence of such municipal judge. Upon the entry of a plea of nolo contendre the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law. The municipal court of the city, presided over by the municipal judge, shall be held in such building as designated by the city council from time to time, on Mondays and Thursdays, except legal holidays, if the business requires it. (Code 1962, § 2-118) Cross reference— Police generally, Ch. (e) The municipal judge is hereby authorized to suspend the sentence, and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge. The rules of evidence and the examination of witnesses in a trial in the municipal court shall be the same as that in state courts. (a) Every person charged with an offense, before being put upon trial, shall be informed by affidavit in writing, made by some responsible person, of the nature and cause of the accusation, which, on arraignment, shall be read to the accused in open court, and opportunity given for the entering of such plea thereto as he may voluntarily wish or elect to do. If, after hearing the evidence, on a plea of not guilty, it is determined by the court that the defendant is guilty as charged, or if the defendant on arraignment enters a plea of guilty, the municipal judge shall impose such penalty, authorized by law, as in his discretion, may seem right and just under the circumstances. (g) Where multiple warrants, citations or orders commanding a person to appear and defend or otherwise respond to a matter in municipal court are served upon an individual on a single occasion, only one (1) ten-dollar (.00) sum shall be imposed as court costs, for those services. The mayor, subject to the approval of the council, may, in his discretion, appoint a public defender(s) who must be a licensed attorney, and who shall receive a salary to be fixed by the city council. - Right of accused to know charge, plead, have counsel, fair trial. (f) Where any warrants or orders, not specified above, issue out of the municipal court and are served upon a person named as a defendant or other respondent therein and are served upon such person by a police officer of the city, there is hereby imposed against the party named in the action, if judgment be entered against him, court costs in the sum of ten dollars (.00). (g) In the discretion of the court, a plea of nolo contendre may be entered to any charge in municipal court. Whenever the municipal judge shall require it, the chief of police and such number of policemen as the municipal judge may deem necessary shall be present for the above purposes. The cases on the trial docket shall be numbered consecutively and each case shall be properly numbered. The complaining citizen shall be informed of this provision upon seeking a warrant, citation or order. This order of expungement does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of such Title 63. The chief of police or at least one (1) policeman detailed for the purpose, shall be present every day throughout each session of the municipal court to preserve order and to execute the orders of the court. After the case is disposed of, the municipal judge must enter on the docket his formal judgment at the proper place provided for same, and sign his name thereto. On the trial the accused shall be confronted by the witnesses against him and shall have the privilege of cross-examination, and shall have compulsory process for obtaining witnesses in his own behalf before and during the progress of the trial. (j) Warrants, citations or orders imposed upon the request of private citizens, which are not served by the police officer, after reasonable efforts for a period of thirty (30) days, may be dismissed by the municipal court upon the request of the police department.
Compensation for appointed counsel in criminal cases shall be approved and allowed by the municipal judge and shall be paid by the city. If the person shall neglect or refuse to give such bond, he shall be punished as the municipal judge may require, not to exceed the limits of section 1-9 of this Code. (d) Court costs of ten dollars (.00) are hereby imposed upon the convicted defendant or other nonprevailing respondent in municipal court for each witness subpoena that is issued by the court and served by a police officer of the city. The absence of a seal shall not invalidate the process. All fines and costs and penalties for violations of law in cases tried in the municipal court, and all forfeitures on bonds and recognizances in such court, shall be for the use and benefit of the city, and when collected shall be immediately deposited in an official city depository after receiving a receipt warrant from the city clerk. (b) Court costs in the amount of ten dollars (.00) are hereby imposed upon a person who, after citation or warrant is served upon him by a police officer of the city, is adjudged by the municipal court to be conducting or maintaining a nuisance and is ordered to abate the same. (c) The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for arrest and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto. (a) Court costs in the amount of ten dollars (.00) are hereby imposed upon each person convicted in the municipal court upon a charge brought by sworn affidavit, where an arrest warrant is served upon such person by a police officer of the city. Such programs shall provide for reasonable supervision of the offender and the work shall be commensurate with the fine and/or incarceration that would have ordinarily been imposed.
(b) In the discretion of the court, where the objects of justice would be more likely met, as an alternative to imposition of fine and/or incarceration, the municipal judge shall have the power to sentence convicted offenders to work on a public service project where the court has established such a program of public service by written guidelines, filed with the clerk for public record. However, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years. (b) Every person accused shall have the privilege of defending himself, by counsel or by himself, or both, as to him may seem proper; and no one shall be fined or punished without opportunity of being heard in his defense. The city shall announce first, if it is ready for trial. (h) No court costs herein shall be imposed or assessed against the city or any of its departments, divisions, commissions, boards, bureaus or authorities or any authorized agent acting on behalf of the same. 3769, §§ 1, 2, 3-10-87) Editor's note— Ordinance No. 2, 1986, did not specifically amend this Code; hence inclusion of §§ 1—8 as § 2-195 was at the discretion of the editor.