COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 4570-02
BILL NO.: SB 1045
SUBJECT: Courts; Judges
TYPE: Original
DATE: February 29, 2000
FISCAL SUMMARY
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| General Revenue | ($414,851) | ($503,904) | ($516,515) |
| Total Estimated
Net Effect on All State Funds |
($414,851) | ($503,904) | ($516,515) |
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| Local Government | (Unknown) | (Unknown) | (Unknown) |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
ASSUMPTION
Officials from the Office of Prosecution Services assume the proposed legislation would have no fiscal impact on their agency.
Officials from the Office of the State Courts Administrator assume the proposed legislation would split the 17th Judicial Circuit into two circuits. The circuit currently consists of Cass and Johnson counties. Per the legislation, as of August 28, 2000, the 17th circuit would consist of only Cass County and a new 46th Judicial Circuit would be created consisting of Johnson County.
There are currently two circuit judges in the 17th circuit. The proposed legislation would move one of these judges to a new 46th circuit, and would add a new circuit judge to the 17th circuit at a fiscal year 2001 salary of $111,000. Since there would be a new circuit, there would also be a new presiding judge. Per 485.010 RSMo 1994, presiding judges are allowed to hire a secretary to assist them in their administrative duties. The marketplace rate for a presiding judge's secretary is $29,184. In addition, the new circuit judge in the 17th circuit would be allowed to appoint an official court reporter per 485.040 RSMo 1994, at a current statutory rate of $46,706. Cass and Johnson counties currently each have two associate circuit judges. The proposed legislation would add an additional associate judge to Cass County. Associate judges are traditionally entitled to a Court Clerk III. Fiscal year 2001 salary for an associate circuit judge will be $99,000 and the current market rate for a court clerk is $25,440. The creation of a new circuit would also require the creation of a new juvenile office. At the very least, a new Juvenile Officer III position would be created, at a current salary of $42,288. Local costs will depend upon availability of facilities, equipment, and operating costs.
In a response to a similar proposal, officials from the Office of the State Public Defender (SPD) indicated the proposal would result in added pressure for assistant public defenders to be in multiple places at one time. SPD realizes that their caseload would not increase due to one additional judge in Cass County; however, their current caseload would be expedited. SPD assumes they would require 0.5 FTE Assistant Public Defender ($33,360 per year), plus fringe benefits, equipment, and operating expenses to carry out the provisions of this proposal with an estimated cost of approximately $25,000 annually.
Officials from the Circuit Clerk of Cass County assume the proposed legislation would result in additional costs to the county for office space, operating expenses, and equipment. The amount of these costs is unknown.
Officials from the Office of the Circuit Clerk of Johnson County assume the proposed legislation would have no fiscal impact on their office.
| FISCAL IMPACT - State Government | FY 2001
(10 Mo.) |
FY 2002 | FY 2003 |
| GENERAL REVENUE FUND | |||
| Cost - State Courts Administrator (CTS) | |||
| Personal Service (6 FTE) | ($297,674) | ($366,138) | ($375,292) |
| Fringe Benefits | ($91,535) | ($112,588) | ($115,402) |
| Total Cost - CTS | ($389,209) | ($478,726) | ($490,694) |
| Cost - State Public Defender (SPD) | |||
| Personal Service (.5 FTE) | ($14,248) | ($17,524) | ($17,963) |
| Fringe Benefits | ($4,381) | ($5,388) | ($5,524) |
| Expense and Equipment | ($7,013) | ($2,266) | ($2,334) |
| Total Cost - SPD | ($25,642) | ($25,178) | ($25,821) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
($414,851) |
($503,904) |
($516,515) |
| FISCAL IMPACT - Local Government | FY 2001
(10 Mo.) |
FY 2002 | FY 2003 |
| Cost - Cass County | (Unknown) | (Unknown) | (Unknown) |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
The proposed legislation divides the 17th Judicial Circuit into two circuits. The 17th Judicial Circuit shall consist of the county of Cass and the 46th Judicial Circuit shall consist of the county of Johnson. The circuit court judge who sat in division two of the 17th Judicial Circuit shall be the circuit judge for the 46th Judicial Circuit. The circuit judge in division two of the 17th Judicial Circuit shall be elected in 2002. One additional associate circuit judge is to be elected in Cass county (17th Judicial Circuit) in 2002.
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 Prosecution Services
State Public Defender
Office of the Circuit Clerk of Cass County
Office of the Circuit Clerk of Johnson County
Jeanne Jarrett, CPA
Director
February 29, 2000