Our Opinion: Bring fairness to municipal court fines

Municipal court reform is more than a Ferguson issue; it is a fairness issue.

Missouri lawmakers approved and sent to the governor a bill that would limit the powers and revenues of municipal courts.

Concerns about municipal court abuses were prompted - or, more correctly, revived - by civil rights turmoil in Ferguson following the fatal shooting of an unarmed, black man by a white police officer.

The measure before the governor essentially builds on a 1995 law - known as the "Macks Creek" law, referencing a speed trap in the Lake of the Ozarks area community - that prevented Missouri municipalities from retaining more than 30 percent of total revenue from traffic fines. Any excess goes to the state.

The new proposal would lower the maximum revenue percentage from fines and fees to 20 percent for most cities. Among other provisions, fines for minor traffic violations would be capped at $300.

The state law includes restrictions specifically for St. Louis area cities, which has prompted claims of unequal treatment by officials there.

We understand the equity argument, although we must note a U.S. Department of Justice investigation identified abuse in those locations. Among them was the finding that, between 2012-14 in Ferguson, 93 percent of all arrests and 85 percent of all vehicle stops involved black people, who make up two-thirds of the population.

In addition, Ferguson's percentage of revenue from municipal court is in the range of of 10 times greater than Jefferson City's 2.8 percent.

In a column in Sunday's News Tribune, state Rep. Jay Barnes, R-Jefferson City, called the measure "a sweeping municipal court reform bill to crack down on taxation by citation."

That's an apt description. Taxation by citation is unfair to all motorists, but is acutely detrimental to poor people.

Municipal courts exist to promote public safety by discouraging and punishing traffic offenders. They do not exist to pad local coffers by gouging residents.

Episodes in Ferguson and elsewhere indicate the time has come to transform conflict to cooperation between cities and residents, and between public servants and the people they serve.

We encourage Gov. Jay Nixon to sign this bill as a matter of fundamental fairness.

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