Governor Nixon signed Senate Bill 5 into law last week. As I discussed in May, this Bill will have huge implications on municipal courts in this state, especially in St. Louis County.
These reforms are long overdue. On St. Louis Public Radio yesterday, Glendale/Kirkwood State Senator Eric Schmitt provides a thorough breakdown of Senate Bill 5. You can listen to this interesting interview here, and you can read the full text of the bill here.
Please take a moment to check out the trailer for the upcoming documentary Wake Up, featuring intern Alex Lindley. Alex came up with the idea to create a documentary about suicide awareness after he and his group of friends lost two close friends to suicide while at Mizzou. The documentary aims to get the conversation of the topic of suicide started, and ending the taboos and stigmas that often prevent those suffering from mental illness to reach out for support.
Nearly 30,000 people have active warrants from the St. Louis City Municipal Court for failure to pay. Yesterday it was announced that all of these people will have their warrants recalled, and they will receive an opportunity to appear in court and explain their current financial situation. If you are one of the nearly 30,000 people who had a failure-to-pay warrant in the City, you should expect to receive a letter that explains the process for obtaining a new court date. If you have moved since the offense that led to your warrant, you will need to contact the Municipal Court to get more information regarding a new date.
It was also announced this week that for all future cases, a missed court payment will no longer lead to an automatic warrant. Instead, defendants will now receive a warning letter ordering them to appear in court or else be subject to an arrest warrant.
It’s rare to see a bill receive any type of bipartisan support in Jefferson City, but that is what happened earlier this month with the passage of Senate Bill 5. This is good news for all citizens of this state, especially those in St. Louis County who have been brutally ripped off for years by greedy municipalities trying to meet their bottom lines. Senate Bill 5 was signed by Governor Nixon last week, and while the bill has a lengthy list of reforms, the key points you should know include:
- The amount of traffic-related revenue collected by local governments outside of St. Louis County cannot exceed 20% of the town’s general operating revenue
- The amount of traffic-related revenue collected by local governments inside St. Louis County cannot exceed 12.5% of the town’s general operating revenue
- Fines and court costs for minor traffic offenses cannot exceed $300 per offense
- NOBODY can be sentenced to jail simply because they cannot afford to pay a fine
- Courts cannot charge additional “Failure to Appear” fines to those who do not appear in court on their traffic charges
Score another victory for supporters of the Fourth Amendment right against unreasonable searches. This year’s term of the U.S. Supreme Court has been kind to supporters of the Fourth Amendment. The Court today held in a 6-3 decision that police may not extend a traffic stop in order to wait for drug-sniffing dogs when there is no probable cause to search the vehicle.
The Court’s majority opinion held “that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable searches.” As such, once a driver is pulled over for a traffic violation, and the matter is resolved either through the issuing of a citation or otherwise, the traffic stop must cease unless the officer has “probable cause” to believe that a canine search is warranted. As the court says, an officer’s authority to hold a driver and confront him “ends when the tasks tied to the traffic infraction are – or reasonably should have been – completed.”
Of course, “probable cause” can always be created by officers after-the-fact. And the Court said that officers are still allowed to use drug-sniffing dogs during the course of a routine traffic stop. This ruling simply states that they cannot extend the time of a traffic stop merely to call for a dog (assuming no probable cause exists). While that may sound complicated and convoluted, it is in the end another roadblock deterring police officers from violating your Fourth Amendment rights, and another weapon for attorneys to use in situations such as the one encountered by Dennys Rodriguez, the driver in this case.
This is pretty interesting case, and you can read the Court’s full opinion here.
Another major reform to St. Louis County’s many municipal courts was announced last night by the St. Louis County Municipal Court Improvement Committee. No longer will certain fines like speeding, driving without insurance, red light violations, etc. vary by hundreds of dollars depending on where the ticket is issued. Instead, it was announced last night that 80 of our 82 municipal courts have agreed to issue uniform fine and court costs amounts for most ordinance violations.
Under this new standard, fines are $70.50 plus court costs for most routine moving violations (speeding, lane violations, illegal u-turns, etc.), and $50.50 for non-moving violations. Speeding fines range from $6 to $8 per mph over the limit. The municipal courts also agreed to standardized court costs of $24.50. This will make things much more clear for defendants as well as for their attorneys who at least have a baseline from which they can counsel their clients.
Two towns – Brentwood and Wellston – are not yet on board but are expected to join after changes to their municipal judges are finalized. These changes do not have to go into effect until this summer, and towns are free to levy higher fines for certain violations such as school zone violations. But this is yet another positive step towards fixing our embarrassingly corrupt municipal court system.
After the Department of Justice’s Report on Ferguson was released earlier this month, news outlets worldwide broke down the scathing report and often added their own stories of just how terrible this court has treated defendants. We all know that these problems are by no means limited to Ferguson. Go five miles in any direction from Ferguson and you can see the same unconstitutional practices happening on a daily basis. This story on the Huffington Post this morning illustrates some troubling but all-too-common instances of injustice in “cities” like Pasadena Hills, Pine Lawn, and Jennings. It’s a bit of a long read but well worth it. Check it out.
By now you’ve probably read, or at least have heard of some of the findings, of the Department of Justice’s Ferguson Report that was released last week. It was all kinds of terrible, and exposed many things that attorneys who represent clients in Ferguson and surrounding courts have known about for years. After the report was issued, every attorney that I talked to had many ideas of what some of the fallout would be, but just about everyone agreed that huge changes would come as a result of such an embarrassing report made public for the world to see.
The first of what are likely to be dozens of major changes were announced last night. First, the Missouri Supreme Court issued an order transferring all Ferguson Municipal Court cases to the St. Louis County Circuit Court. These cases have all been assigned to Missouri Court of Appeals Judge Roy Richter, because, in another interesting move, Ron Brockmeyer, the longtime Ferguson judge, resigned yesterday.
Brockmeyer is also the judge and prosecutor in a few other North County Municipalities. Late last night, it was reported that he has also resigned from his position as the prosecutor for the neighboring town of Dellwood. Coinciding with this announcement, the mayor of Dellwood announced that he has ordered his municipal court to dismiss every single traffic-related case pending since before April 11, 2012.
We’re still in the first week since the release of the DOJ Report, so expect many more changes to occur in the coming days and weeks. Check back for updates.
Since red-light cameras were implemented in the Missouri area 10 years ago, nearly 1 million drivers have received red-light camera tickets in nearly 30 municipalities statewide. A settlement reached late last year in St. Louis County grants drivers who paid fines prior to November 21, 2014 a 20% refund on the fines that they have paid. Nearly every city’s fine that we’ve seen have been for an even $100, so if you’ve paid one of these annoying tickets, you have most likely received a postcard in the mail and are entitled to at least $20.
If you haven’t received your postcard (likely because you’ve moved since you received and/or paid your fine), you can find more information on how to receive your refund here. Keep in mind, if you’d like to get some of your money back, you must claim your refund NO LATER THAN February 28, 2015. Also, since red light cameras are still technically legal in Missouri pending a ruling by our state’s Supreme Court, some aggrieved drivers may choose not to receive their refund and keep their ability to sue down the road. You can find our more information on that option here.
Check back later this year for a breakdown of the final red-light camera ruling by the Missouri Supreme Court.
Late last month, the Missouri Supreme Court issued an order that said that when a defendant in a municipal court does not have the money to pay his/her fines, the court must either a.) give the person more time to pay; or, b.) allow the person to set up a payment plan that works with the person’s financial situation.
This long-overdue policy change is a direct result of local advocacy groups who demanded changes to municipal court policies in the wake of the Ferguson unrest. Most courts have had payment plan options in place long before the Ferguson unrest, but these payment plans were of a set monthly amount dictated by the court, and were not dependent on each individual defendant’s own income situation. And this new rule goes on to say that when a defendant misses an installment payment, he will be ordered to appear in court to explain his/her missed payment, unlike the old method in which a missed installment payment resulted in an immediate warrant.
This change in the way courts in our city operate has been needed for some time, and these changes will go into effect on July 1 of this year. While most courts will likely start implementing these changes in advance of July 1, it would be wise to contact us to determine if the court in which you are facing charges has already began these more flexible policies.