Judge says too many poor people kept in jail awaiting trial

JEFFERSON CITY, Mo. -- Missouri Chief Justice Patricia Breckenridge is calling for a review of the way courts hold people in jail before trial.

In her final State of the Judiciary address Tuesday, Breckenridge told lawmakers costly pretrial incarcerations affect poor people who cannot pay bonds, creating negative consequences for the individual and society. She said a Supreme Court task force will recommend changes to current practices.

Under the current Missouri law, an individual can be put in jail while awaiting trial only when he or she is a flight risk, charged with a capital offense or a danger to a victim, witness or community.

Breckenridge also called for higher pay for state employees who work in courts.

Missouri currently has the lowest average government employee salary of any state. The average annual pay for a state employee is $37,476, according to a 2016 Missouri compensation and benefits study.

Breckenridge touted modernized court computer systems in her speech. But she urged the Legislature to review which court documents should be made public on the courts' online system.

"It is safe to say statutes making certain case documents 'public' meant available at the clerk's office, and in paper form, not available instantly to anyone anywhere in the world," she said.

The state also may need to charge fees to view documents in the future if the court puts documents online that now are available only by visiting the court clerk's office, Breckenridge said.

The chief justice defended the judicial system, which Gov. Eric Greitens called "broken" in his State of the State address last week. The Republican-led legislature has proposed several pro-business laws limiting liability lawsuits.

"I understand Governor Greitens and some of you in the General Assembly have called for changes in the law governing certain types of cases," Breckenridge said. "Do not view these calls for action as a condemnation of our judicial system."

The Appellate Judicial Commission also has started to find a replacement for Supreme Court Judge Richard Teitelman, who died Nov. 29. The commission recommends finalists to the governor, who has 60 days to pick the next justice.