Stoddard commission looks at funding full-time prosecutor

BLOOMFIELD, Mo. -- For the first time, the Stoddard County Commission will attempt to put together a budget that includes a full-time prosecutor at a salary of $133,716 and decide whether to continue with an assistant prosecutor at a salary of $41,800.

The issue was addressed in an executive session with Prosecutor Russ Oliver before starting preparation on a 2015 county budget.

Stoddard County voters approved making the prosecutor a full-time position in the November 2012 general election. At that time, the commission estimated the salary at about $112,000.

A federal lawsuit filed by six federal judges early this year changed the pay for full-time prosecutors. Six federal judges sued the United States for back pay, claiming they "were entitled to cost of living adjustments that had been funded by Congress for several years." The case was dismissed at a lower level, but the U.S. Court of Appeals found in the judges' favor. The U.S. Court of Federal Claims assigned a new current annual rate for the two sitting judge plaintiffs in the amount of $197,100.

By Missouri statute, the compensation for full-time elected prosecutors is tied to the salary of associate circuit judges (Section 56.265). The salary of an associate circuit judge was $116,858 before the outcome of the lawsuit. That compensation is established by the provisions of Article XIII, Section 3, of the Missouri Constitution.

A federal magistrate receives up to 92 percent of the salary of a federal district judge. After the court ruling, the formula leaves the associate circuit judge salary at $133,716.

Presiding Commissioner Greg Mathis noted in minutes from an executive session held with Oliver the budget would show "an increase of $87,000 with the salary increase and benefits."

"Budget calculations are now being made to fund the prosecutor's office, but no final decisions have been made," Mathis said.

Oliver told the commission, according to minutes from the meeting, he "has been working full time even though his position has been classified part time."

Oliver went on to say the assistant prosecutor "works extremely long hours."

The result of this work has been that the county prosecuting attorney's office has not lost a trial case, Oliver said. He said the assistant prosecuting attorney helps with trial preparation, takes depositions and makes court appearances. He noted courts are in session on Mondays and Wednesdays in the county, and many times it requires two people to cover the cases since they may be in two areas.

Oliver presented the commission with these statistics: The prosecuting attorney's office has worked five homicide cases over the past four years with an estimated 173 hours worked per case; 32 child sex cases with an estimated 31 hours worked per case; 1,980 felony cases with seven hours worked per case; and 4,579 misdemeanor cases with two hours worked per case.

Commissioner Danny Talkington said the numbers presented by Oliver would mean two people would be working 62-hour weeks based on 50 weeks per year with two-week vacations.

Oliver told the commission it was the will of the voters to have a full-time prosecutor and provide "more prosecution services."

"The voters knew increased costs would occur in the prosecutor's office when going full time," Oliver said in the executive session.

Mathis asked whether it was possible to have a part-time assistant prosecutor so the assistant could have a private practice in addition to his county job.

Oliver said that would be difficult.

Talkington told Oliver the commission would review the information provided by him. He said more input was needed from residents of the county and the proposal needed further study so "logical answers are given to justify the additional costs."