L.R. NO. 3000-01
BILL NO. SB 664
SUBJECT: Reallocation of Judges
TYPE: Original
DATE: January 31, 2000
Net Effect on All State Funds
FUND AFFECTED
FY 2001
FY 2002
FY 2003 None
Total Estimated
$0
$0
$0
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 4 pages.
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would require the Commission on Judicial Resources to review judicial vacancies and certify to the Governor and General Assembly that a vacancy should not be filled. Additionally, the Commission could propose to reassign a vacant judgeship to another jurisdiction, subject to legislative approval. CTS assumes there could be a shifting of costs within the circuit courts and some savings in unknown future years could result if judgeships are eliminated.
Oversight assumes the proposal could result in a cost or a savings to CTS, as the Commission on Judicial Resources could increase or decrease the number of judges in each county. However, any decision to increase the number of judges would require appropriation by the General Assembly and a concurrent resolution signed by the Governor. Also, any decision to decrease the number of judges could be nullified by the General Assembly with a concurrent resolution signed by the Governor. (Note: The Missouri Constitution mandates that each county have at least one associate circuit judge.) Since recommendations made by the Commission on Judicial Resources would generally require further action by the General Assembly, Oversight assumes that this proposal alone would have no fiscal impact on CTS.
Officials from the Office of the Governor, Office of the Lieutenant Governor, Missouri House of Representatives, and the Office of the Secretary of State assume the proposal would have no fiscal impact on their agencies.
In response to similar legislation, officials from the Office of the Senate assumed there would be no fiscal impact on their agency.
FISCAL IMPACT - State Government FY 2001 FY 2002 FY 2003
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 2001 FY 2002 FY 2003
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
The proposal would authorize the Commission on Judicial Resources to determine the number of associate and circuit court judges needed in each judicial circuit. The Commission could either 1) recommend that a vacancy not be filled in a circuit with more judges than necessary, and file a corresponding plan for reassignment of the remaining judgeships in such circuit; or 2) recommend that positions be added in a circuit with fewer judges than necessary. Vacancy would be defined to ensure that judgeships would not be moved unless a position was vacant.
When a circuit court position is vacated and the Commission declares that such vacancy should not be filled, then the Commission would certify this declaration to the Governor and General Assembly. Such vacancy would not be filled unless the General Assembly approves the Commission's declaration by a Concurrent Resolution that is signed by the Governor. When the Commission declares a vacancy, it would include in its certification a proposed reassignment of judges in that circuit. The General Assembly could, by Concurrent Resolution, provide for a different reassignment of the judges. The Commission would follow the same procedure outlined above if it declares that a circuit court position should be added to a circuit.
The proposal would become effective following the adoption by the voters of a constitutional amendment allowing judgeships to be moved from areas of low need to areas of high need.
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 Governor
Office of the Lieutenant Governor
Missouri House of Representatives
Office of the Secretary of State
Office of the Senate
Jeanne Jarrett, CPA
Director
January 31, 2000