| SB 0001 | Changes laws on judges, jurors and civil and criminal procedure |
| Sponsor: | Schneider | |||
| LR Number: | L0493.13S | Fiscal Note: | 0493-13 | |
| Committee: | Judiciary | |||
| Last Action: | 07/13/99 - Signed by Governor | Journal page: | ||
| Title: | CCS HS HCS SS SCS SBs 1, 92, 111, 129 & 222 | |||
| Effective Date: | August 28, 1999 | |||
CCS/HS/HCS/SS/SCS/SB 1, 92, 111, 129 & 222 - This act makes various changes to the statutes pertaining to judges and court procedures.
JUDGES - Appellate judges may receive mileage and travel from the courthouse in their home county to where the court sits. Current law disallows travel and mileage expenses.
The pay formula in Section 476.682, RSMo, for senior judges is changed. Senior judges and senior commissioners will now receive, for each day of service after retirement, 50% of the current daily salary of the office from which they retired, in addition to their retirement. The total of the daily pay plus the daily retirement shall not be less than 100% of the current day's pay. Under current law, the end amount paid is a full day's pay. This act caps the total yearly compensation earned by senior judges or senior commissioners at the current annual salary of the office from which they retired. Current law caps the salary per day.
The change in language will not affect those senior judges or senior commissioners who work enough days to receive the total current salary as the cap is still "current annual salary". It will affect those senior judges or senior commissioners who are paid less than the total. They will now be able to receive a half day's pay plus their retirement pay.
A requirement is added to this provision that prior to service as a senior member, the person must have served at least 2 years as a judge, but this provision is only applied prospectively to judges retiring after August 28, 1999.
The financial conflict of interest provision for judges in Section 105.464, RSMo, is removed.
The Commission on Judicial Resources' membership is expanded to include a municipal judge appointed by the Supreme Court. Section 476.415 also provides that other judge members of the commission will be elected by their same level peers. Current law provides for appointment by the Supreme Court.
For certain retirement benefits, the definition of "judge" is expanded to include deputy commissioners.
Pursuant to Section 478.268, RSMo, in Greene County, the probate commissioner shall receive the same retirement benefits as an associate circuit judge. The powers and duties of the commissioner shall be the same as a circuit judge.
Section 478.320, RSMo, authorizing associate circuit judges, is changed so that counties with a population over 100,000 receive 3 associate circuit judges instead of 2. Population is determined, after the year 2000, by annual population estimates with adjustments to judgeships after 3 consecutive years of necessary population changes.
This act adds one circuit court judge in Cole County, to be elected in 2002. There shall be one less associate circuit judge as of January 1, 2003.
COURT FEES - The party applying for a writ, subpoena, or other process from the Court must pay for the sheriff's costs for the transportation and safekeeping of any property to be seized before the seizure occurs. This section shall not apply to garnishment proceeds.
Section 57.130, RSMo, requiring the sheriffs to collect fines will expire on July 1, 2002.
Current law allowing for a $25 "family access fee" for filing a family access motion is deleted in Section 452.400 and 452.401, RSMo. Family access motions (challenging child custody) will be now assessed standard court costs.
A $3 surcharge is to be applied to all actions filed in the circuit division of the Circuit Court. Current law requires a $10 surcharge in all divisions but limited to only divorce cases. There shall be a waiver of the county surcharge for divorce actions if no court costs are charged, or if they are waived or paid by the state, county or municipality.
The county surcharge on filing fees is reduced from $10 to $2 and the court surcharge imposed in county criminal cases and earmarked for shelters for victims of domestic violence is raised to $2. It was previously set at a maximum of $1.
Court costs associated with change of venue shall be paid to the county receiving the case.
The statement of criminal costs in county courts payable by the state is revised so that the cost statement will now only include the costs payable to the county, instead of all costs.
The Domestic Relations Resolution Fund's purposes, pursuant to Section 452.554, RSMo, are expanded to include creation of education programs for families, alternative dispute resolution programs and other similar programs.
The fines set by the Supreme Court under Section 476.385, RSMo, are expanded to include violations of Section 210.104, RSMo, the child restraint provision. Section 210.104, RSMo, currently sets the fine at no more than $25.
The money paid by defendants for substance abuse programs and collected by drug courts are not considered court fees or penalties.
JURORS - Jury duty pay is increased only if the county contributes at least $6. If so, then the State will contribute an additional $6, bringing the total to $18.
The jury supervisor, in accordance with the circuit court's guidelines, to postpone a prospective juror's service to a later date. The act prohibits jurors from attending court for prospective jury service for more than two days unless the juror is selected to serve on a panel for jury service under Section 494.420.2, RSMo, or in one particular case. (Section 494.445)
Section 495.485 is expanded to give the court the power to decide how many alternate jurors to empanel. Current law limits