Fiscal Note - SB 0178 - Additional Associate Circuit Judges For Certain Counties
L.R. NO. 0508-01
BILL NO. SB 178
SUBJECT: Associate Circuit Judges
TYPE: Original
DATE: February 25, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue $0 ($245,417) ($464,349)
Total Estimated
Net Effect on All
State Funds $0 ($245,417) ($464,349)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government ($13,092) to ($900) to
$0 ($83,908) ($125,986)
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) assume the
proposed legislation would add one additional associate circuit judge for the
counties of Camden, Laclede, and Taney effective January 1, 1999. Associate
circuit judges are state-paid and are traditionally entitled to a state-paid
division clerk. The current salaries are $80,623 per associate circuit judge
and $20,328 for a division clerk. It should be noted that Section 478.320
provides for a second associate circuit judge in a county once the population
reaches 30,000 in a regular census. The 2000 census will be reported and
this provision would be operable on July 1, 2001, as current census
projection figures indicate these counties will exceed the 30,000 population
trigger at that time. Thus, CTS assumes the additional cost of this proposal
would appear to be costs for the 30 months from January 1999 to July 2001.
CTS further assumes that any local costs would depend upon the availability
of facilities, equipment and operating costs.
Oversight notes that under the current funding system for the Judicial
Retirement Plan, there would be no costs included in the fringe benefit
calculations for retirement contributions for the three additional judges.
This Plan is funded on a "pay as you go" basis where costs are incurred by
the Plan after retirement of the members. If the Plan was funded on an
actuarial basis, the contribution rate for judges would be 45.91 percent.
The fringe benefit calculation for three division clerks includes a
retirement contribution as these positions are included under the General
Employee Plan.
Officials from the Office of the State Public Defender (SPD) assume the
proposal would result in added pressure for assistant public defenders to be
in multiple places at one time. SPD realizes that their caseloads would not
increase due to the additional judges in each county; however, their current
caseloads would be expedited. SPD assumes they would require 1.5 FTE (.5 FTE
in each of three counties) Assistant Public Defenders ($32,256 per year),
plus fringe benefits, equipment, and operating expenses to carry out the
provisions of this proposal with an estimated cost of approximately $56,000
in FY 1999 and $77,000 in FY 2000 and FY 2001.
Officials from the Office of Prosecution Services (OPS) assume the proposed
legislation would have no fiscal impact on their agency; however, it could
result in an increase in the workloads of the county prosecutors in Camden,
Taney, and Laclede Counties.
Officials from the 26th Judicial Circuit Court of Missouri (Camden and
Laclede County) assume the proposal would result in minimal office expenses
in the approximate amount of $4,296 during FY 1999 for each county. The
costs resulting from this proposal would be as follows: sound-recording
device ($2,292), judicial robe ($304), travel and training ($200), and office
furnishings ($1,500). Both Camden and Laclede Counties are currently
constructing new courthouse facilities including court rooms, clerk
facilities and offices which would accommodate all new judges and supporting
staff at no additional cost.
Officials from the 38th Judicial Circuit Court of Missouri (Taney County)
assume the proposal would result in minimal office expenses in the
approximate amount of $4,500 during FY 1999 and $500 during FY 2000.
Officials from the Office of the Taney County Prosecuting Attorney assume the
proposal would require their office to hire an additional 1.5 FTE Assistant
Prosecuting Attorney ($40,000 per year annual salary), 1 FTE Victim Advocate
($14,000 per year), and 1 FTE Paralegal ($14,000 per year) to meet the
demands of the Associate Docket as well as the preparation of the expedited
cases bound over to Circuit Court. Additionally, the Taney County
Prosecuting Attorney assumes their office would require $22,000 for equipment
and expenses to support the additional 3.5 FTE, along with $4,800 in annual
rental expenses.
Oversight assumes the criminal docket in Taney County would be expedited to a
certain degree; however, the total number of cases would remain the same and
it is unlikely that the expedited docket would require the Office of the
Taney County Prosecuting Attorney to hire an additional 3.5 FTE as reported
by that office. The Taney County Prosecuting Attorney currently has 1 FTE
Assistant Prosecuting Attorney who handles the entire associate docket;
therefore, Oversight assumes that the increased local costs resulting from
this proposal would likely range from zero to the total amount reported by
the Taney County Prosecuting Attorney. As stated by CTS, it is probable that
this additional associate circuit judge would be added in Taney County in
2001 regardless of this proposal.
Officials from the Office of the Attorney General, the Office of the Camden
County Prosecuting Attorney, and the Office of the Laclede County Prosecuting
Attorney assume the proposal would have no fiscal impact on their budgets.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(6 Mo.)
GENERAL REVENUE FUND
Costs - State Courts Administrator (CTS)
Personal Service (6 FTE) $0 ($157,549) ($322,975)
Fringe Benefits 0 (31,405) (64,379)
Total Costs - CTS $0 ($188,954) ($387,354)
Costs - State Public Defender (SPD)
Personal Service (1.5 FTE) $0 ($33,224) ($52,104)
Fringe Benefits 0 (9,479) (14,865)
Equipment and Expenses 0 (13,760) (10,026)
Total Costs - SPD $0 ($56,463) ($76,995)
ESTIMATED NET EFFECT
ON GENERAL REVENUE $0 ($245,417) ($464,349)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(6 Mo.)
LOCAL GOVERNMENTAL ENTITIES
Costs - Taney County Circuit Court $0 ($4,500) ($500)
Costs - Camden County Circuit Court $0 ($4,296) ($200)
Costs - Laclede County Circuit Court $0 ($4,296) ($200)
Costs - Taney County Prosecuting Attorney $0 to $0 to
Personal Service (3.5 FTE) $0 ($45,320) ($93,359)
0 to 0 to
Fringe Benefits $0 (12,930) (26,635)
0 to 0 to
Equipment and Expenses $0 (12,566) (5,092)
$0 to $0 to
Total Costs - Taney County Prosecuting Attorney $0 ($70,816) ($125,086)
ESTIMATED NET EFFECT ON ($13,092) to ($900) to
LOCAL GOVERNMENTAL ENTITIES $0 ($83,908) ($125,986)
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would add one additional associate circuit judge to each of the
following counties as of January 1, 1999: Camden County, Laclede County, and
Taney County.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Office of State Courts Administrator
Office of the State Public Defender
Office of Prosecution Services
26th Judicial Circuit Court of Missouri (Camden and Laclede County)
38th Judicial Circuit Court of Missouri (Taney County)
Office of the Taney County Prosecuting Attorney
Office of the Attorney General
Office of the Laclede County Prosecuting Attorney
Office of the Camden County Prosecuting Attorney.
This Fiscal Note is not an official copy and should not be quoted or cited.