COUNCIL WILL CONSIDER GIVING MAYOR THE POWER TO PARDON CITY OFFENDERS

A proposed ordinance would give Cape Girardeau's mayor the power to fix traffic tickets and get people off the hook for any municipal violation.

Cape Girardeau Mayor Al Spradling III said the intent of the proposal is to offer an appeal process for people who plead guilty in municipal court.

The council will discuss the proposal at its Monday night meeting.

The mayor asked that the proposal be drafted after he questioned the sentences imposed in two municipal cases.

Two Southeast Missouri State University basketball players sentenced to five days in jail for shoplifting were to serve those days during final exam week.

Spradling said the sentence was fair, but thought the judge should have offered some discretion about when the days were served.

In the other case, a couple from Tennessee pleaded guilty to shoplifting. The judge sentenced the couple to jail time, which meant neither parent was available to care for their six-month-old baby.

Spradling thinks the judge should have allow the couple to take turns serving the sentence.

When a person pleads guilty in municipal court, no one reviews the sentence and no appeal process exists. "Nothing can be done short of the judge changing his mind," Spradling said.

By contrast, if a person is found guilty in municipal court, he or she can appeal to circuit court where a new trial is held.

The proposed ordinance would give the mayor power to remit fines and forfeitures and to grant reprieves and pardons for city offenses.

State law allows mayors to have the power of pardon and it is common for mayors in third or fourth class cities.

"It's not envisioned for any type of fixing," Spradling said.

However, the potential exists.

"Theoretically, it could be used for any ordinance violation," he said. "It is something that could be abused if somebody didn't understand the proper role."

Spradling sees the change as a review mechanism to be used in extreme or unusual circumstances.

Municipal Judge Edward Calvin said he doesn't mind having someone review his decisions.

"There is never anything wrong in having somebody who has the power to take a look at what you've done," Calvin said. "Municipal court judges make mistakes too."

But Calvin said the power might bring a barrage of phone calls to the mayor.

"He needs to be very cautious in the exercise of that power," he added.