Missouri lawmakers to reconsider court fees for repairs

JEFFERSON CITY, Mo. -- Missouri lawmakers hoping to help counties repair what one senator described as "crumbling" local courthouses are set to clash with the governor in a fight over whether ramping up court fees is the best way to pay for maintenance.

At issue are bills vetoed by Democratic Gov. Jay Nixon that, in part, would allow certain county courts to charge additional fees to pay for new courthouses, jails or other building maintenance.

Lawmakers, who passed the House and Senate bills with overwhelming bipartisan support, said the fees imposed on those involved in court cases would raise money without levying general taxes on residents who might never have to go to court. Legislators plan to try to override Nixon's vetoes with a two-thirds majority vote during an upcoming September session.

The bills would allow new fees to be collected in circuit courts for Jasper, Howell, Cape Girardeau, Clay, Cole, Platte and Greene counties, along with any other circuit that serves a single, non-charter county. Most of those courts would be allowed to charge a fee of up to $10 for civil and criminal cases, although there are exceptions and variances from county-to-county.

Nixon has slammed the additional fees, saying they fly in the face of legislation passed this session to cut down on court fines and fees in response to complaints about aggressive law enforcement designed to generate revenue from residents who sometimes struggle to pay. The issue gained traction after the fatal police shooting of Michael Brown in Ferguson in August 2014, which sparked protests and broader criticism of excessive fines in Ferguson and other communities.

Nixon said adding new fees to county and municipal ordinance violations would be "harmful to those that find themselves involved in court proceedings and could pose a barrier to court access for civil litigants."

"If a local government wants to raise revenue for its building projects, that question should be submitted to the voters for their approval rather than using the courts as a back-door revenue source," Nixon wrote in a letter to lawmakers explaining his veto.

Senate bill sponsor Sen. Mike Cunningham, R-Rogersville, says 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.

Lawmakers and county officials seem to agree some courthouses are in disrepair. Sen. Bob Dixon, a Springfield Republican who is running for governor in 2016 and who helped craft the House bill, said "crumbling" judicial centers threaten residents' access to justice.

But county officials, judges and lawyers appear split over the need for maintenance and the consequences of added fees.

While Howell County Presiding Commissioner Mark Collins cautioned that court costs now are "astronomical" and said proposals to generate revenue for maintenance should go to a vote, Cole County Presiding Commissioner Sam Bushman praised the legislation as a way to give counties more options to pay for repairs.

Lawmakers will meet Sept. 16 to consider the two court fee bills and other legislation Nixon vetoed.

Court fee bills are HB799 and SB67.

Online:

House: http://www.house.mo.gov and Senate: http://www.senate.mo.gov

Associated Press writer David A. Lieb contributed to this report. Follow Summer Ballentine at https://www.twitter.com/esballentine.