Missouri lawmakers approve municipal court restrictions

The measure likely will have little impact on Cape Girardeau

JEFFERSON CITY, Mo. -- Missouri lawmakers gave final approval Thursday to a bill limiting the powers and revenues of municipal courts, its first significant response to some of the concerns raised following last year's fatal shooting of Michael Brown by a Ferguson police officer.

The bill headed to Gov. Jay Nixon would cap fines for minor traffic violations, set minimum standards for St. Louis County cities and regulate municipal court procedures. The House passed the bill 134-25 after the Senate approved it 31-3 the previous day.

Supporters say it is a step toward restoring trust in government and addressing the predatory revenue-generating policing practices detailed in a federal Justice Department report about Ferguson.

"It is not the full solution that is going to bring calm, it is not the solution that is going to prohibit people or prevent people from going out to the streets this summer," said Sen. Maria Chappelle-Nadal, D-University City, whose district includes Ferguson. "But what is unfortunate -- but also a gift -- is that someone had to die for this Legislature to make a change."

The 18-year-old Brown, who was black, was walking in the street when he was stopped by a white Ferguson police officer. He was shot to death after a struggle in which the officer said Brown, who was unarmed, grabbed for the policeman's gun. A state grand jury declined to bring charges against officer Darren Wilson, and a federal Justice Department report also concluded Wilson acted in self-defense.

Brown's death triggered widespread protests, as well as riots and looting in Ferguson. Some protesters said the unrest was due, in part, to longstanding frustrations with the way residents of the predominantly black St. Louis suburb have been treated by the generally white police force.

Legal advocates and some St. Louis area residents have said the use of police departments to collect revenue through traffic fines and court fees has contributed to distrust and suspicion between the public and law enforcement officers.

The legislation would lower the percentage of revenue most cities can collect from traffic fines and fees from 30 percent to 20 percent.

Even with the reduction, the percentage of revenue the city of Cape Girardeau collects is far below the threshold. The initial proposed 2015-2016 budget brought to the city council in April estimates $865,875 in municipal court revenue will be collected in the next fiscal year. That's equal to about 3.5 percent of the projected general revenue.

Estimates for the existing fiscal year place municipal court revenue at more than 4 percent of the city's general revenue.

The council recently approved a $2 increase in the surcharge that goes to domestic violence shelters, bringing total court costs to $31.50, which likely will account for a slightly higher estimate in the final proposed budget. The city's fiscal year begins July 1.

For St. Louis County cities, the bill outlines more specific mandates. The allowable percentage of revenue collected from traffic fines is a lower limit of 12.5 percent, and cities have to meet a set of minimum standards that include a balanced budget, an annual audit and adequate insurance.

The bill also would require police departments to be accredited within six years of when the bill takes effect Aug. 28 and have written policies on the use of force by officers and the collection of crime and traffic-stop data.

Cities that fail to comply would face a vote by residents on disincorporation.

Some lawmakers from St. Louis County criticized the unequal treatment of cities they represent. Rep. Clem Smith, D-Velda Village Hills, said the same limits and requirements should apply to everyone and called the bill "blatant discrimination."

"My residents, my constituents, the cities I represent, are penalized for something they didn't do," Smith said. "This is no fix to some issue in St. Louis County."

The measure would cap fines for minor traffic violations at $300, eliminate charges for failure to appear in court for such offenses and limit the time someone could be held before seeing a judge.

It also would require municipal courts to be open to the public, offer alternative sentencing options and prohibit the use of detention to coerce payments.

City courts bill is SB 5.

Southeast Missourian staff writer Samantha Rinehart contributed to this report.

Online:

Senate: http://www.senate.mo.gov