We support Gov. Jay Nixon's veto of a bill to raise court fees in specific Missouri counties, including Cole County, to finance capital projects.
Among its many problems, the proposal is arbitrary, inconsistent and impedes access to the courts. In Cole County's case, it also is potentially detrimental to extension of the half-cent, capital improvements sales tax.
The county's situation is not unlike a proposed hike in Jefferson City's gross receipts utilities tax, the subject of this forum on Wednesday.
Both the city and county intend to ask voters next year to extend half-cent sales taxes for capital projects. But if both taxing jurisdictions raise revenue for capital projects from other sources, will voters reject the sales tax extensions as duplicative and unnecessary?
The state legislation would authorize higher court fees in Cole and other Missouri counties, including any judicial circuit that serves a single, non-charter county. Cole County is the only Mid-Missouri county affected by the law.
Most qualifying circuits/counties would be allowed to charge a fee of up to $10 for civil and criminal cases, although there are exceptions and wide variances from county-to-county.
Which brings us to arbitrary and inconsistent. Why does the state authorization apply only to specific counties, and what are the criteria for when higher fees apply and the amount?
Among Nixon's objections is the higher court fees would mark a complete antithesis of legislative action, which we supported, to cap revenues collected by municipal courts for traffic offenses.
State Sen. Mike Cunningham, R-Rogersville - who sponsored the Senate's version of the proposal - told The Associated Press it's unfair to raise taxes for everyone if only a minority regularly use the courts. "Instead of taxing the people to build a new one or repair it, I think the people who use it ought to pay for it," Cunningham said.
We understand the concept of user fees, but court costs already are imposed for litigants.
We agree with the governor's statement that: "If a local government wants to raise revenue for its building projects, that question should be submitted to voters for their approval rather than using the courts as a back-door revenue source."
We also agree with a statement from the Missouri Bar that "increased court costs can make the cost of access to justice too high, restricting access of ordinary citizens to the state's courts to resolve legitimate disputes."
The lawyers' group also said: "The Missouri Bar believes all Missourians should have equal access to justice."
We encourage lawmakers - when they return to the Capitol for September's veto session - to uphold the governor's veto and preserve equal access to the courts.