COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 4570-03

BILL NO.: SCS for SB 1045

SUBJECT: Courts; Judges

TYPE: Original

DATE: April 7, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
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)



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
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.

FISCAL ANALYSIS



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 add a circuit judge to the 17th circuit and add an associate circuit judge to Cass County. Although the judges would not stand for election until 2002, the legislation would go into effect on August 28, 2000, allowing for the positions to be filled by appointment until the elections.

The current salary of a circuit judge is $105,000, and the salary of an associate circuit judge is $93,000. In addition, the new circuit judge would be allowed to appoint an official court reporter per 485.040, RSMo 1994, at a current statutory rate of $46,706. Associate judges are traditionally entitled to a Court Clerk III at a current market rate of $25,440. 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 (4 FTE) ($230,658) ($283,822) ($290,918)
Fringe Benefits ($70,927) ($87,275) ($89,457)
Total Cost - CTS ($301,585) ($371,097) ($380,375)
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



($327,227)


($396,275)


($406,196)
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 adds one circuit judge to the Seventeenth Judicial Circuit, and one associate circuit judge specifically to Cass County, in the Seventeenth Circuit. The circuit judge in division three of the 17th Judicial Circuit shall be elected in 2002. The additional associate circuit judge is to be elected in Cass county 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

April 7, 2000