L.R. NO. 3002-04
BILL NO. SB 870
SUBJECT: Provides for judges to replace judicial commissioners.
TYPE: Original
DATE: February 8, 2000
Net Effect on All State Funds
Net Effect on All Federal Funds 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 convert court commissioners to judges at the next vacancy in the position or upon
completion of the current term, with an emergency clause. There are various provisions for
probate commissioners, deputy probate commissioners, family court commissioners and drug
court commissioners. All of the positions are tied to the salary of either a circuit judge or an
associate circuit judge, and they are paid from general revenue. The position would become
either a circuit or an associate circuit judge, depending on what the current commissioner
position is tied to. There would be no increase in salary due to the change. The bill excludes the
three new circuit judges from getting court reporters. There are currently clerks serving the
commissioners; therefore, CTS concludes there are no increased state costs. The terms of the commissioners are set for a period of four years from their appointment. CTS
does not have the information in order to predict when the transitions would occur, but expects
that they should all occur within four years of the effective date. Currently, there would be a decrease in reimbursements for the thirteen family court
commissioners of about $1,134,055 (13 times $87,235). Currently, the thirteen commissioners
are subject to reimbursement from local funds (Family Services and Justice funds or the Jackson
County Anti Drug Tax). At the time of conversion, these reimbursements will cease and the
money will be freed up for the other local earmarked services. Officials from the Department of Revenue (DOR) assume the proposed legislation would have
no fiscal impact on their agency, however, proposed Section 479.500.2 and 479.500.3 deletes
references to the commissioners ability to hear petitions to review the driver license
suspensions/revocations of the Director of Revenue. This would include review of trial de
novo's relating to administrative alcohol offenses under Section 302.535. The elimination of the
commissioners would result in increased workloads being handled by various existing circuit
judges. This would administratively cause delays in hearings because of such a heavy workload,
which ultimately affects the DOR's general counsel efficiency and ability to timely process these
cases. Officials from the Office of the Attorney General, Office of Administration, Office of
Prosecution Services, Missouri State Employees Retirement System, Joint Committee On
Public Employee Retirement, 11th Judicial Circuit of Missouri, and the Office of the State
Public Defender assume the proposal would have no fiscal impact on their agencies. ASSUMPTION (continued) Oversight assumes the current commissioners terms will expire throughout the next four fiscal
years. Oversight has ranged the fiscal impact from $0 to the identified maximum amount of
decreased reimbursements from local funds. FISCAL IMPACT - State Government FY 2001 FY 2002 FY 2003 (6 Mo.) GENERAL REVENUE FUND Loss of Revenue $0 to $0 to $0 to Local reimbursements ($567,028) ($1,162,406) ($1,191,467) FISCAL IMPACT - Local Government FY 2001 FY 2002 FY 2003 (6 Mo.) FAMILY SERVICES AND JUSTICE FUNDS OR THE JACKSON COUNTY ANTI DRUG TAX Savings Ceased reimbursements $0 to $0 to $0 to $567,028 $1,162,406 $1,191,467 FISCAL IMPACT - Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. DESCRIPTION The proposed legislation eliminates certain existing judicial commissioner positions. Sitting
commissioners will continue service until the end of their term of office. At that time, the
position is abolished and circuit and associate circuit judgeships are created in their place. The
primary jurisdiction of the judge would be in the same division as the commissioner. The
commissioners would continue service until the January first after the next general election
following their term expiration, when a judge would be sworn in. In counties that elect judges,
the new judgeship would be filled initially by election. In counties subject to the non-partisan
court plan, the positions would be initially appointed. Commissioners eligible to receive
retirement benefits at the end of their current term (age 60 with 15 years service) will be allowed DESCRIPTION (Continued) to be reappointed in their current positions until death, resignation or removal. Authorizations
for commissioners pursuant to current law are changed to expire January 1, 2006. Authorizations
for traffic commissioners, judges acting as traffic commissioners and landlord-tenant
commissionerships (available only in Jackson and St. Louis counties) are deleted. References to
procedures and qualifications of commissioners are deleted with rule making power granted to
the Supreme Court. Jackson County, St. Louis County and St. Louis City receive a circuit
judgeship for each probate commissionership eliminated. The judges are exempt from court
recording and allowed to continue with electronic recording - as the commissioners currently do.
Boone County receives one associate circuit judge for the family court commissionership
eliminated in that circuit. An associate circuit judgeship is granted for each circuit court or
deputy commissionership eliminated in counties that are whole circuits (Platte, Clay, St. Charles,
St. Louis, St. Louis City, Jackson, Cole, Jefferson, Jasper and Greene counties). An associate
circuit judgeship is granted for each drug court commissionership eliminated in counties that are
whole circuits, or in the largest county in multi-county circuits if the circuit is receiving
appropriations for FY2001 for such commissioner. The proposed legislation contains an
emergency clause. 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 the Attorney General Office of State Courts Administrator Office of Prosecution Services Office of the State Public Defender Office of Administration Missouri State Employees Retirement System Joint Committee on Public Employee Retirement 11th Judicial Circuit Court of Missouri NOT RESPONDING: 13th Judicial Circuit Court of Missouri, 16th Judicial Circuit Court
of Missouri, 21st Judicial Circuit Court of Missouri, 22nd Judicial Circuit Court of
Missouri, 31st Judicial Circuit Court of Missouri. Jeanne Jarrett, CPA Director February 8, 2000
FUND AFFECTED
FY 2001
FY 2002
FY 2003 General Revenue
$0 to ($567,028)
$0 to ($1,162,406)
$0 to ($1,191,467) Total Estimated
$0 to ($567,028)
$0 to ($1,162,406)
$0 to ($1,191,467)
FUND AFFECTED
FY 2001
FY 2002
FY 2003 None
Total Estimated
$0
$0
$0
FUND AFFECTED
FY 2000
FY 2001
FY 2002 Local Government
$0 to $567,028
$0 to $1,162,406
$0 to $1,191,467