2019 Legislative Priorities

Printable PDF Legislative Priorities

 

2019 Legislative Priorities

 

Failure to Appear – Senate Bill 5 passed in 2015 prohibits municipal courts from imposing penalties on defendants who fail to appear in court (RSMO 479.360(6)).  Restoration of the authority of municipal courts to induce compliance with bench warrants for the failure to appear is essential to an effective municipal court system.

The League support legislation to provide a mechanism for enforcement of failure to appear.

Statewide Vote on Local Issues – Legislation has been discussed to place on the statewide ballot a constitutional amendment to change the government structure of the city-county and municipalities.  Residents of other parts of the state do not understand the issues here and have no stake in the outcome, just as St. Louis County residents do not seek to vote on issues in Kansas City, Springfield or other parts of the state.

The League supports local autonomy and opposes legislation authorizing statewide votes on local issues pertaining to individual or limited political subdivisions which would threaten neighborhood stability.

Collection of Internet Sales Tax – The League urges the Missouri General Assembly to require that all sales and use tax taxes on sales of tangible property be treated fairly and equitably, whether the sale takes place over the counter, by phone, by mail order, by internet or by any other electronic means.

Recently, the U.S. Supreme Court reversed a 1992 ruling (Quill Corp. v. North Dakota) that held sellers only had to collect a state’s sales taxes if they had a physical presence in the state. The Supreme Court in South Dakota v. Wayfair ruled that a state may require online sellers to collect state and local sales taxes when the seller does not have a physical presence in the state.

The League urges the Missouri General Assembly to enact legislation that allows local and state sales/use taxes to be charged on purchases made from out-of-state sellers, even if the seller does not have a physical presence in the state.

Further, the League supports the simplification of the sales/use tax statutes to make it easier for out-of-state businesses to remit state and municipal sales/uses taxes. Any simplification of the sales/use tax statutes shall hold municipalities harmless from revenue reductions until the Missouri General Assembly requires out-of-state businesses to collect and remit state and local sales/use taxes on purchases sold into the state.

Missouri Government Expenditure Database – Legislation was proposed in 2018 (HB 2442) which would require all municipalities to provide to the State Treasurer’s office on a monthly basis, a list of all expenditures for posting on the Treasurer’s website.  This requirement only applies to municipalities and would not be mandated on any other level of local government.  A voluntary system applying to all governments is available in Ohio and provides valuable information to the public.

The League supports efforts to establish a local government expenditure database but only if it applies to all governments and participation is voluntary.

High-Speed Internet Overlay District – Several cities across the country have begun the process to install high speed internet services for residents and businesses in an effort to boost economic development.  In Missouri, Kansas City and Columbia have done so with great success.  A collaborative multi-county overlay district would streamline the approval process, lower construction costs and greatly reduce the time needed to install the system. 

The League supports enabling legislation to establish a High-Speed Internet District for St. Louis County, Jefferson County, St. Charles County and the City of St. Louis.  The District governing body would oversee the installation, system management, collection and distribution of fees for an inclusive high-speed fiber network.

Prescription Drug Monitoring Program – The Centers for Disease Control and Prevention report that drug overdose deaths and opioid-involved deaths continue to increase in the United States. More than three out of five drug overdose deaths involve an opioid.  Overdose deaths from opioids, including prescription opioids and heroin, have more than quadrupled since 1999.  Overdoses involving opioids killed more than 28,000 people in 2014.  At least 1,066 people died of drug overdoses in Missouri in 2015.

Prescription Drug Monitoring Programs (PDMPs) are government-run electronic databases used to track the prescribing and dispensing of controlled prescription drugs to patients. They are designed to monitor this information for suspected abuse or diversion (i.e., channeling drugs into illegal use), and can give a prescriber or pharmacist critical information regarding a patient’s controlled substance prescription history. This information can help prescribers and pharmacists identify patients at high-risk who would benefit from early interventions.  PDMPs continue to be among the most promising state-level interventions to improve opioid prescribing, inform clinical practice, and protect patients at risk.

Missouri remains the only state in the country without a PDMP.  Many Missouri municipalities and counties have enacted their own local PDMP.  However, to be truly effective a statewide program is needed.

The League supports legislation that would create a state-wide prescription drug monitoring program that would provide physicians and pharmacists with access to a patient’s controlled substance prescription history.

Missouri Courts A Guide to Municipal Divisions in Cities and Towns

Printable PDF: Municipal Court Guide

 

Missouri Courts

A Guide to

Municipal Divisions in Cities and Towns

 

Questions & Answers for

City Officials

 Legal Status of Municipal Divisions

Responsibility and Authority of Judges

Fines, Fees, and Bail Determination

Management of Staff by the Court

Minimum Operating Standards

Courthouse Facilities and Security

Police, Prosecutor, Court Interaction

 

Working with Municipal Divisions

of the Circuit Court

 

LEGAL STATUS: The Missouri Constitution mandates that all state courts are part of the judicial branch of state government, and ultimately accountable to the Supreme Court of Missouri. By law, municipal courts are divisions of the circuit court and therefore subject to the direct oversight of the presiding judges of the circuit courts.

JUDGE AUTHORITY: Municipal judges are required to administer their  divisions as independent courts of law. In that role, judges are obligated to monitor and manage the operations, staff, budget, space, records, and    security of the court. They cannot delegate those duties to city officials.

FINES, FEES: Municipal divisions can only collect fines, fees and surcharges for traffic and ordinance violations as permitted by law. For   minor traffic violations, fines and fees cannot exceed $225 per charge. Courts should be entirely and sufficiently funded from general revenue sources apart from fines and fees levied and collected by the court. Under no circumstances should judicial or court performance be measured by or related to revenue generation.

BAIL: Municipal divisions should use a certified risk assessment questionnaire to aid in pretrial release decisions. No one should remain in custody because they are indigent and cannot afford to post bail. Release decisions must be made by a judge within 24 hours of an arrest if the arrest is not the result of a warrant. According to law, if an arrest is the   result of a warrant, the defendant must be brought “as soon as practicable” before the court that issued it.

BUDGETING: The municipal division budget should be developed by the presiding municipal judge and chief court clerk or court administrator and submitted to city management in the same fashion as other major city agencies. The presiding municipal judge should be given the opportunity to formally present the court’s budget to the mayor and city council. The city has the    responsibility to conscientiously fund the court without regard to the fines and fees generated by the court.

The city should provide funding for the court in a manner that allows the presiding municipal judge budgetary discretion similar to the city manager or the chief executive officer of a municipality. This will prevent placing a city official in the role of approving the court’s expenditures.

COURT EMPLOYEES: Full, part-time and temporary court employees are subject to the control of the court. The presiding municipal judge or designee should have exclusive authority to      employ, supervise, discipline or remove court employees under applicable city policies that do not conflict with the independence of the court.

POLICE AND PROSECUTORS’: It is essential that the court function independently from other city justice system agencies, most notably the police department and prosecutor’s office. Therefore, no court employee is allowed to job share, split duties or work for a city agency, office or individual that is directly involved in the city’s justice system other than the court. In small cities where there may not be full-time work for all court employees, court staff may be permitted to also work part-time for a non-justice system city agency (e.g. public works, planning and zoning, parks and recreation, etc.). Prior to allowing such an arrangement, however, the presiding municipal judge should formally approve any such employment in advance and in writing.

 

More than 73% of all criminal and
traffic cases filed in Missouri State
and local trial courts in FY 2017
were filed in municipal divisions. 
Source: Missouri Office of the State
Courts Administrator (OSCA)

 

CITY ADMINISTRATION: City authority over the municipal division is  limited since the court, once established, is not part of the city or town administration subject to the supervision of city officials or managers. Rather, it is part of the Judicial Branch of Missouri and required to operate as an impartial, unbiased tribunal. Any actions that interfere or may be  perceived as interfering with the court’s impartial performance of its duties such as improper contact with judges or court staff regarding pending court matters are prohibited.

JUDICIAL PERFORMANCE REVIEW: Where municipal judges are appointed by city officials rather than elected, it is recommended that such appointments and reappointment be based upon merit after a formal, objective review process. During an appointed judge’s contractual term of office, the judge may only be removed with sufficient cause. At the end of a term, an appointed judge may be removed without cause.

CONFLICTS OF INTEREST: Clerks of the court, court administrators, and other full-time, part­time, or temporary nonjudicial court employees are governed in their behavior on or off their jobs by a Code of Conduct for  Municipal Division Employees established by the Missouri Supreme Court (Rule 37.04, Appendix B). It prohibits any conduct that could constitute an actual or apparent conflict with the impartial performance of their court   duties.

COURT FACILITIES: The court facility’s exterior and interior design, functionality and signage must clearly convey an appearance that it is a separate and independent branch of government operating under the authority of the Missouri Supreme and Circuit Courts. Court offices should normally be open and available for public business at least 30 hours per week. Where cities are small and sparsely populated, court offices may be permitted more reduced hours of operation upon the formal approval of the presiding circuit court judge of the district in which the municipality is located.

COURT SECURITY: The city is responsible for providing court facilities and other resources to ensure a safe environment for judges, staff and the   public. The presiding municipal judge is duty bound to assess and bring about reasonable and adequate procedures, technology, security staffing and architectur­al features that provide for a safe environment.

 

 

Although judges may be appointed by city governments, they are not agents of the city. They are officers of the courts of the State of Missouri. They, and the court staff under their control, are required to operate impartially while maintaining a cooperative relationship with the city. This means municipal divisions are not subject to the supervision of city  management in their judicial and court related duties or activities.

 

St. Louis County, Missouri

Municipal Division Oversight

Presiding Judge
Hon. Douglas R. Beach
Twenty-First Judicial Circuit
(314) 615-1506

Monitor:  Operations Oversight
Courtney Whiteside
Supreme Court of Missouri
(314) 615-7505

Monitor: Legal Oversight
Professor Karen Tokarz
Washington University Law School, St. Louis
314-935-6414

Communications Director
Christine Bertelson
Twenty-First Judicial Circuit
(314) 615-2643