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Recent Legislation and Rules Impacting Municipal Divisions

Recent Legislation and Rules Impacting Municipal Divisions. Catherine Nelson Zacharias Office of State Courts Administrator. Recent Legislative Changes. SB 5 – 2015 SB 572 – 2016 SB 128 – 2017. Recent Rules. Rule 37.04 – 2016

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Recent Legislation and Rules Impacting Municipal Divisions

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  1. Recent Legislation and Rules Impacting Municipal Divisions Catherine Nelson Zacharias Office of State Courts Administrator

  2. Recent Legislative Changes • SB 5 – 2015 • SB 572 – 2016 • SB 128 – 2017

  3. Recent Rules • Rule 37.04 – 2016 • Appendix A: Minimum Operating Standards for Missouri Courts: Municipal Divisions • Appendix B: Code of Conduct for Municipal Division Personnel • Model Local Rule 69.01 - 2016 • Protocols for Presiding Circuit Court Judges in Supervising Municipal Division Judges - 2016

  4. Minor Traffic Violations, Section 479.350 RSMo • A municipal or county ordinance violation • that does not involve an accident or injury, • that does not involve the operation of a commercial motor vehicle, • and for which no points are assessed by the department of revenue or the department of revenue is authorized to assess one to four points to a person’s driving record upon conviction.

  5. Minor Traffic Violations, Section 479.350 RSMo • Minor traffic violation shall include amended charges for any minor traffic violation. • Minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen miles per hour or a violation occurring within a construction zone or school zone.

  6. Ordinance Violation, Section 479.350 RSMo • A municipal or county ordinance violation prosecuted for which penalties are authorized by statute under sections 64.160, 64.200, 64.295, 64.487, 64.690, 64.895, 67.398, 71.285, 89.120, and 89.490. • Municipal ordinance violation shall include amended charges for municipal ordinance violations.

  7. Limitations on Minor Traffic Violations & Ordinance Violations, Section 479.353 • Courts are prohibited from • Assessing fines and court costs for minor traffic violations in excess of two hundred twenty-five dollars • Assessing fines and court costs for municipal ordinances committed within a twelve month period beginning with the first violation in excess of the following • two hundred dollars for the first municipal ordinance violation, • two hundred seventy-five dollars for the second municipal ordinance violation, • three hundred fifty dollars for the third municipal ordinance violation, and • four hundred fifty dollars for the fourth and any subsequent municipal ordinance violations

  8. Limitations on Minor Traffic Violations & Ordinance Violations, Section 479.353 • Sentencing a person to confinement for a minor traffic violation except for the following violations: • Alcohol and controlled substances violations • Endangering health or welfare of others • Eluding an officer • Giving a false statement to an officer • Confining a person for failure to pay a fine except if nonpayment violates the terms of probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the court

  9. Limitations on Minor Traffic Violations & Ordinance Violations, Section 479.353 • Assessing costs if the case is dismissed • Assessing costs the defendant is determined to be indigent • Based upon standards set by the presiding judge. • The standards shall reflect model rules and requirements developed by the Supreme Court.

  10. 69.01 DETERMINATION OF INDIGENT STATUS • (a) A person seeking permission to proceed as an indigent in a municipal division case shall submit to the court the following “Statement of Financial Condition.” • (b) A person is presumed indigent if the person: • (1) Is in the custody of the Children’s Division or the Division of Youth Services; or • (2)(A) Has unencumbered assets totaling under $5,000, and • (B) Has total household monthly income below 125% of Federal Poverty Guidelines, which currently are: • 1 household person: $1,238 • 2 household persons: $1,669 • 3 household persons: $2,100 • 4 household persons: $2,531 • 5 household persons: $2,963 • 6 household persons: $3,394 • 7 household persons: $3,826 • 8 household persons: $4,259 • [Add $433 for each additional person]

  11. Other Requirements for Municipal Divisions, Section 479.360 RSMo The municipality must certify with its annual financial report that the municipal division are substantially complying with the following procedures: • Defendants in custody on an initial arrest warrant must have an opportunity to be heard by judge in person, by telephone or video conferencing not later than: • 48 hours on minor traffic violations. • 72 hours for all other violations.

  12. Other Requirements for Municipal Divisions, Section 479.360 RSMo • If not heard within the time period then the defendant will be released. • Defendants in municipal custody shall not be held more than 24 hours after an arrest with out a warrant. • Defendants must not be detained in order to coerce payment of fines and costs.

  13. Other Requirements for Municipal Divisions, Section 479.360 RSMo • The municipal court must have procedures to allow indigent defendants to present evidence of their financial condition and takes such evidence into account if determining fines and costs and establishing related payment requirements.

  14. Other Requirements for Municipal Divisions, Section 479.360 RSMo • The municipal court must only assesses fines and costs as authorized by law. See also COR 21. • No additional charge shall be issued for the failure to appear for a minor traffic violation. • The municipal court must conduct its proceedings in a courtroom that is open to the public and large enough to reasonably accommodate the public, parties and attorneys.

  15. Other Requirements for Municipal Divisions, Section 479.360 RSMo • The municipal courts must make use of alternative payment plans and community service alternatives; and • The municipal court must adopt an electronic payment system or payment by mail for the payment of minor traffic violations. • State Auditor shall establish rules.

  16. State Auditor Regulations • Certification (15 CSR 40-3.180) • Any city, town, or village with a municipal court or any county with a county municipal court shall annually file a completed certification with the State Auditor’s Office that the municipal court adopted and substantially complied with the municipal court procedures specified by subsection 1 of section 479.360 during the preceding fiscal year. • The auditors office has indicated that only municipal judges must submit the certification, not associate judges hearing the cases in a municipal division. • https://www.auditor.mo.gov/proposedrules/proposedrules

  17. Excess Revenue Calculation AKA “Mack’s Creek Law” • Annual General Operating Revenue Section 479.350 RSMo • Revenue that can be used to pay any bill or obligation of the county, city, town, or village, including general sales tax, use tax, general property tax, fees from licenses and permits, unrestricted user fees, fines, court costs, bond forfeitures and penalties. • Annual general revenues does not include designated sales or use taxes; restricted user fees; grant funds; funds expended by a political subdivision for technological assistance in collecting, storing, and disseminating criminal history record information and facilitating criminal identification activities for the purpose of sharing criminal justice-related information among political subdivisions; or other revenue designated for a specific purpose. • Section 479.359 RSMo requires every county, city, town and village to calculate the percentage of its annual general operating revenue received from fines, bond forfeitures and court costs for municipal ordinance and minor traffic violations, including amended charges for any such violations.

  18. Excess Revenue Calculation AKA “Mack’s Creek Law” • Beginning January 1, 2016, the amount of revenue allowed to be retained by the municipality will be reduced from 30% to 20% for all municipalities • The provision setting the cap at 12.5% for municipalities located in St. Louis County was found unconstitutional May 16, 2017.

  19. Addendum to Annual Financial Report • Annual general operating revenue of the municipality • Total revenue from fines, bond forfeitures, and court costs for minor traffic violations and municipal ordinances including amended charges from any such violations • The percentage of annual general operating revenue from fines, bond forfeitures, and court costs for minor traffic violations and municipal ordinances. • Addendum must be certified and signed by a representative with knowledge. • State Auditor shall establish rules.

  20. State Auditor Regulations • Addendum ( 15 CSR 40-3.170 ) • Every county, city, town, or village shall annually file a completed addendum with the State Auditor’s Office. • Even if the county does not have a county ordinance court, the county must submit the form. They can just check no on these questions. • https://www.auditor.mo.gov/proposedrules/proposedrules

  21. FACT (Failure to Appear) Suspension, Section 302.341 RSMo • Courts can no longer order the Department of Revenue to suspend driving privileges when a defendant fails to appear or pay fines and costs on minor traffic violations.

  22. Tax Offset, Section 479.356 RSMo • Allows a municipal court to request the director of the department of revenue to intercept a person’s tax refund for delinquent court cost, fines, fees or other sums ordered by a municipal court in excess of twenty-five dollars. • The department shall develop rules to establish the offset program for municipal division not on JIS.

  23. SB 128 • MUNICIPAL JUDGES (479.020) • Under current law, a judge cannot serve as a municipal judge in more than five municipalities. This act specifies that a court serving more than one municipality shall be treated as a single municipality for the purposes of this requirement. • CRIMINAL CODE REVISION (479.170) • The act changes a sectional reference in a section prohibiting a municipal judge from hearing cases involving the operation of a motor vehicle while intoxicated. • TRAFFIC VIOLATIONS (479.353, 479.354) • When an individual has been held in custody on a notice to show cause warrant for a minor traffic violation, this act allows the court to waive or reduce the original fine or sentence when reasonable. • A defendant must be given the date and time to appear in court at the same time he or she is given a notice to appear in court, citation, or summons for a minor traffic violation, and failure to provide such information shall render the notice to appear void.

  24. Minimum Standards • Minimum Operating Standard # 1: Municipal divisions shall ensure that when individuals must be held in jail in the interests of justice, this is done strictly in accordance with the principles of due process of law. • Minimum Operating Standard # 2: Municipal divisions shall inquire of defendants and allow them to present information about their financial condition when assessing their ability to pay and establishing payment requirements for monies due. • Minimum Operating Standard # 3: Municipal divisions shall not condition an indigent defendant's access to a judicial hearing or the granting of probation upon the payment of fines or fees. • Minimum Operating Standard # 4: Municipal divisions shall neither assess nor collect unauthorized fines, costs, or surcharges.

  25. Minimum Standards • Minimum Operating Standard # 5: All municipal judges shall be lawfully selected, lawfully authorized to act in specific cases, and adequately prepared for their duties through appropriate training and continuing education. • Minimum Operating Standard # 6: Municipal divisions shall be operated in a manner reasonably convenient to the public and in facilities sufficient to the purpose. • Minimum Operating Standard # 7: Municipal divisions shall be operated in a manner that upholds the constitutional principles of separation of powers and the integrity of the judiciary as a separate and independent branch of government. • Minimum Operating Standard # 8: Municipal divisions shall be operated in accordance with the constitutional principles and legal requirements of open courts and open records.

  26. Minimum Standards • Minimum Operating Standard # 9: Municipal divisions shall advise litigants of their rights in court. • Minimum Operating Standard # 10: Municipal divisions shall be well-managed and accountable to the law, with appropriate oversight of municipal division operations provided by the circuit court presiding judge of the judicial circuit. • Municipal Divisions should also be familiar with and comply with the provisions set forth below: • Chapter 479, RSMo • Supreme Court Rule 37 • Open Records and Other Recordkeeping Matters (article I, § 14, Constitution of Missouri; Court Operating Rules 2, 4 and 8; sections 483.065, 483.075, 483.082, RSMo) • Financial and Bookkeeping (section 483.075.1, RSMo) • Trial de novo Procedure

  27. Code of Conduct for Municipal Division Personnel • This code of conduct applies to all full-time, part-time and temporary court system employees for municipal divisions, who are identified in this code as "court professionals." • Code of Conduct 1: Avoiding Impropriety and the Appearance of Impropriety in All Activities. • 1.1. Performing Court Duties • 1.2. Avoiding Impropriety • 1.3. Bias, Prejudice, and Harassment • 1.4. Respect of Others • 1.5. Involvement in Actions Before a Court • 1.6. Avoiding Privilege • 1.7. Assisting Litigants

  28. Code of Conduct for Municipal Division Personnel • Code of Conduct 2: Performing the Duties of Position Impartially and Diligently. • 2.1. Independent Judgment • 2.2. Personal Relationships • 2.3. Misconduct of Others • 2.4. Attempts at Influence • 2.5. Properly Maintain Records • 2.6. Legal Requirements • 2.7. Discretion • 2.8. Proper Use of Public Resources

  29. Code of Conduct for Municipal Division Personnel • Code of Conduct 3: Conducting Outside Activities to Minimize the Risk of Conflict with Official Position. • 3.1. Outside Business • 3.2. Compensation and Post Employment Restrictions • 3.3. Avoiding Gifts • 3.4. Financial Disclosure • Code of Conduct 4: Refraining from Inappropriate Political Activity. • 4.1. Refraining from Inappropriate Political Activity

  30. THANKS!

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