Municipal court reform making legislative progress

Some Missouri lawmakers are unhappy the Legislature hasn't done more to resolve issues brought to light by last summer's killing of Michael Brown, 18, by then-Ferguson police officer Darren Wilson.

But Gov. Jay Nixon and Missouri's legislative leaders say some of the bills should pass this year's General Assembly.

"I think the Legislature has plenty of time to get important things done" before its May 15 deadline, Nixon told reporters Friday during a wide-ranging news conference.

House Speaker John Diehl told reporters last week he expects the House Civil and Criminal Proceedings Committee will endorse a Senate-passed bill that lowers the amount of revenue a local government can make from traffic tickets and court costs.

The committee is set to hold its hearing on the bill at noon Wednesday.

But before the House panel sends the bill to the full House for debate, Diehl said, the committee plans to "enhance" it by adding more reforms intended to restore the public's trust in the municipal court system.

"Missourians deserve a fair and responsible municipal court system that helps protect the best interests of the people rather than uses them as an additional source of revenue," Diehl, R-Town and Country, said in a news release.

"We have seen too many municipalities abuse their power with excessive fines and fees, and it is time to put an end to this taxation by citation that is a clear abuse of the trust of the people."

Nixon told reporters Friday: "The municipal court is where the vast majority of people first interact with the court system. And, for many Missourians - and many people across the country - it's maybe the only place they ever engage directly in the court system."

So those courts must be seen as being fair, he said.

But part of the protests in Ferguson after Brown's death involved complaints about a court system that targets people with minor violations - such as a car's burnt-out or broken tail light - then imposes large fines and court costs.

And often puts people in jail if they don't show up for court, no matter the reason or potential conflict.

Last week, Missouri's Supreme Court asked for public comments "concerning their experiences in particular municipal courts and their suggestions as to any practices or procedures that might improve those experiences."

Those suggestions are due to Chief Clerk Bill Thompson (P.O. Box 150, Jefferson City, MO 65102) by May 1.

But, the court cautioned in its news release: "The Court is unable to change the result in any case that has already been decided."

The high court's request for information follows last month's order transferring Appeals Court Judge Roy Richter to hear the municipal cases in Ferguson - and its order at the beginning of the year that municipal judges be required to give people more time to pay court fines if, in Chief Justice Mary R. Russell's words during her January State of the Judiciary address, the people "demonstrate they are unable to pay a fine."

While municipal courts are considered part of the state's court system - as divisions of the circuit court - they also are created by local governments, who pay for their judges, staff and costs.

In some cases, like Jefferson City, the municipal judge and prosecutor are elected.

In other communities, they may both be appointed.

Diehl said one of the proposals the House committee likely will add a provision to the Senate bill would "hold municipal judges to the same standards as state court judges."

Nixon said Friday: "Whether or not other members of the judiciary, all the way up to the very top, specifically are in charge of whatever docket, or this or that - the bigger question here is making sure that the courts at all levels are a place where justice is served - not focused on profit, but focused on justice, where folks are treated equally and fairly, and where laws are appropriately enforced."

Nixon added: "There is a high likelihood that municipal court reform will be something that makes it to my desk.

"(And), quite frankly, I'm pretty optimistic that we're going to get there."

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