17 minute read
Municipal Courts
Municipal Court Transfers: How Platte City Smoothly Transitioned A Municipal Court To The Platte County Circuit Court Associate Division
In the spring of 2017, Platte City decided to close its municipal court and transition adjudication of municipal c o d e v i ol at i ons to t he Associate Division of the Sixth Circuit Court. This article provides the background for making that decision, the process for implementing the transition and a brief discussion of the outcomes of that change after nearly three years of experience.
Spoiler alert! The consensus among City elected officials and staff is, that if we had known in 2017 what we know now, we would have made the change years earlier. There have been challenges, and the change was not seamless. However, the City has only received a few negative comments regarding court operations from individuals unfortunate enough to receive a municipal violation. The transition was financially beneficial for the City, simplified city operations and provided an opportunity to increase time and resources dedicated to other city functions. Additionally, the separation of the City’s judicial function from its governing body and appointed officials has improved public perception regarding the impartiality and legitimacy of the municipal court.
In the state court system, municipal courts are a component of the state court and are under the direct jurisdiction of the presiding judge of the respective circuit courts. The Platte City Municipal Court operates under the jurisdiction of the presiding judge of the Sixth Circuit Court. It is significant to note that Platte City is the county seat with the county courthouse located a a short distance from City Hall and the police station.
While municipal courts operate under the legal jurisdiction of the circuit court, the governing body of the city retains authority over the municipal code and has specific authority to select the judicial venue that will hear cases involving violations of that code. State statute provides the governing body the option of operating its own municipal court or
having municipal violations assigned to the associate division of the circuit court. When the state court system was substantially reorganized in the late 1970s, Platte City, along with a majority of other Missouri municipal governments, elected to organize and operate its own municipal court within the circuit court system. During that reorganization, the City selected the option to designate the municipal court judge as an elected rather than appointed position. After a series of elected judges throughout the 1980s, Judge Greg Dorsey was elected as Platte City Municipal Court Judge in 1994 and was reelected every two years until his death in 2017. The City began reviewing its court operations in 2016 in an effort to become fully compliant with the Office of the State Courts Administrator (OSCA) municipal court operating regulations and to implement statutory changes (commonly called SB 5 and SB 572 changes). Although these statutory changes and the OSCA regulations were intended to enhance credibility and improve the operation of municipal courts, the changes negatively affected the ability of Platte City and other small communities to fund and staff its municipal court. The costly and most operationally challenging issues include: • Requirement to create/fund a civilian bailiff as a new part-time position, due to prohibition on police officers (even in civilian clothes) serving the court in any capacity; • Restrictions on the municipal court clerk’s participation in any other city business with accompanying restriction on city employees assisting with court business; • Increased financial and administrative reporting requirements; • Requirement for separate court administrative facilities and or entrances;
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• Requirement to ensure that court offices are open a minimum of 32 hours per week (a requirement particularly difficult when court clerk was on vacation or attending training); • Requirement for municipal courts to create and maintain an online docket system similar to the Missouri Courts Case.net system maintained by the circuit and district court systems. As the City was moving through its court review process, the City’s long-time elected judge, Judge Greg Dorsey, died after a short illness. The board requested staff to provide the governing body with multiple options for the future organization and operation of the Platte City Municipal Court as part of reviewing the personnel process for permanently replacing Judge Dorsey.
Potential Outcomes
The three main options presented to the governing body were:
Option 1: Maintain the existing municipal court organization with an elected municipal court judge. Option 2: Maintain the existing municipal court organization with an appointed municipal court judge. Option 3: Assign municipal court functions to the circuit court with an appointed judge subject to retention elections.
Analysis
Section 479.040 of the Revised Statutes of the State of Missouri authorize the governing body of each city to select the venue to hear violations of the city code. Among the three options available to the city, there is very little difference between the three options related to the application of the city code. All three options share the following characteristics: • Court cases would continue to be municipal cases related to violations of municipal ordinances (City Code). • Adoption and enforcement authority for city code violations would remain fully with the city of Platte City. • There would not be any changes to city administrative or criminal code. The board of aldermen would continue to have full authority to amend the city code, as needed. • No change in police activities, policies or procedures. Police department would continue to enforce city code/ ordinances with no change in the way a city’s general summons (ticket) for a municipal offense is written and enforced. • Mayor and board of aldermen would continue to have full oversight and authority over the police department through the chief of police. • All fees and fines would continue to be collected and forwarded under the existing distribution formula. Court costs would be distributed to the court, fines and penalties would continue to be distributed to the city, and fees for the Victim’s Fund, the Peace Officer Training Fund and the Sheriff’s Retirement Fund would continue to be collected and disbursed in the current manner. The only difference in Option 3 is that court costs would be distributed to the circuit court rather than the municipal court.
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• Municipal court prosecutor would continue to be employed by the city regardless of which option is selected. No changes would be made to municipal prosecutor staff, responsibilities or duties. • Municipal court would continue to be held one day each month in Platte City. • No change in bond process other than bond decisions and bond amounts would be set by the assigned associate circuit court judge rather than an elected municipal court judge. There are no differences in administrative or legal activities between options 1 and 2, other than the appointment mechanism for the municipal court judge. A large majority of fourth-class cities appoint the municipal court judge to a fixed term. Platte City was among a minority of fourth-class cities with an elected municipal court judge.
The most significant difference in option 3 is related to the administrative activities of the municipal court. Assigning municipal court functions would increase the separation between the judicial function and the City’s administrative, legislative and political functions. The municipal court administrative differences in option 3 are as follows: • Municipal cases would be heard by an associate circuit court judge appointed by the presiding judge. • Court would be held in the courtrooms at the county courthouse. • Circuit court would provide court clerk and bailiff staff. • Courthouse staff would provide building and court security. • Circuit court would fund judge, clerk, bailiff and security positions. • Circuit court would be responsible for all court records and warrants. • Municipal court would be held during normal weekday business hours. • Court costs for municipal cases would increase by $15 per case and the court technology charge would increase by $7 per case to be consistent with current circuit court costs. Individuals interacting with the police department would not see any change in the way laws are enforced in Platte City. Police reports and police records would continue to be maintained by the City at the police department.
The selection of option 3 presented the following positive impacts: • Improved separation of powers between municipal court and other branches of city government; • Reduced perception of local, elected officials’ influence over municipal court decisions; • Improved presiding judge oversight of municipal court operations;
• Improved court security (courthouse has dedicated security staff and security entry point); • Eliminated need for the City to operate and maintain courtroom space; • Net structural positive budget impact of approximately $55,000$62,000 per year; • Reduced City’s SB 5 and SB 572 regulatory and reporting burden; • Eliminated need for the City to hire additional staff to act as court bailiff; • Eliminated need for city facility renovations for separate court office space; • Allowed for a reduction in the service gap when municipal court administrative support is not present due to vacation, illness, training and other time off due to size of county court clerk office with multiple administrative/clerical staff.
Fiscal Impact
Options 1 and 2 presented identical financial impacts. Under these options, the municipal court essentially operates at breakeven revenue to expenditures. For three years prior to the consideration of these changes, the City experienced an annual average surplus of $5,696 in revenues greater than expenditures. The City anticipated significant changes in the municipal court fiscal outlook as SB 5, SB 572 and OSCA changes became fully implemented. The City anticipated an FY 17-18 court operating deficit of approximately $32,600, assuming average annual court revenue. The anticipated increase in court related expenses were largely due to the cost of a civilian bailiff, required online docket software, increased audit and financial reporting, increased judicial compensation, and increased court office operating requirements. An increase in court cost fees would likely be necessary to cover the additional court operating costs.
Option 3 had the most positive financial impact. The City would retain revenue from fines while the circuit court funded most of the municipal court operations. The City anticipated a net financial benefit in the range of $55,000 to $62,000
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annually. Court cost fees for municipal court cases would increase to become consistent with current circuit court costs and would be retained by the circuit court.
Although the circuit court would be responsible for most court operating costs, the City would continue to incur approximately $30,000 in court legal expenses each year, largely related to city prosecutor fees.
Legal Impact
There was no significant legal impact. There were no significant changes in the operation and function of the municipal court other than that a circuit court judge would act directly as the municipal court judge. meeting. No written comments were received prior to, during or following the public hearing. The only verbal presentation was from a local resident who spoke in favor of retaining the current court structure. The citizen was concerned that transition to the circuit court would reduce local control over municipal court operations and would have a negative impact on bail bond business.
At its June 27, 2017, meeting, the board of aldermen voted unanimously to approve option 3 transitioning municipal court operations to the Sixth Circuit Court. State statute requires the transition to be complete within 180 days following the decision to make this change. The final session of the Platte City Municipal Court was held in September 2017, and the first session of Platte City Municipal Division of the Sixth Circuit Court was held in October 2017.
Governing Body Actions And Decision
A public hearing presenting the three options was held on June 5, 2017, during Platte City’s public safety committee Transition
The City established contact with the presiding judge early in the court review process and prior to posting the June public hearing notice. The initial meeting consisted of the mayor and presiding judge as the two highest-elected officials of their respective jurisdiction, the city attorney, city administrator, municipal court clerk and the chief clerk of the district court. Although the court staff clearly indicated that their preference was for the City to maintain its own court, they were equally clear that they would fully cooperate in the transition should the City decide to close its court. The success of the transition and the continued smooth operation of the Platte City Municipal Division is largely due to the district court judges and staff fulfilling their stated commitment to fully participate to implement the City’s decision.
Closure of the municipal court eliminated one full-time position. The incumbent court clerk had nearly 18 years of service with the City and was eligible At Piper Sandler, we cultivate creative ideas and tailored solutions that serve client interests first and foremost. Instead of leading with what’s best for us, we start with what matters to you. PiperSandler.com Since 1895. Member SIPC and NYSE. © 2020 Piper Sandler & Co. 2/20 CM-20-0256 Matt Courtney Vice President +1 913 345-3355 matthew.courtney@psc.com Todd Goffoy Managing Director +1 913 345-3373 todd.goffoy@psc.com Chris Collier Managing Director +1 314 726-7535 chris.collier@psc.com For your next financing, Realize the Power of Partnership ®
for the City’s reduction in force program that provided one week of pay for each year of employment and one month of single employee COBRA health insurance payment for each year of employment (to a maximum of 18 months). The board approved an additional monthly retention payment that provided a successful incentive for the court clerk to remain with the City throughout the transition period. The major focus of the transition period was to close as many open cases as possible; identify significant open cases that should be refiled following transition; and to prepare a list of open cases that would be dismissed and not refiled.
OSCA provides a detailed checklist of actions to close and transition a municipal court. Adherence to the OSCA checklist resulted in a relatively smooth closure and transition. The final action of the Platte City Municipal Court was to formally dismiss all remaining open cases. The first act of the prosecuting attorney before the municipal division of the Platte County Circuit Court was to refile charges for the relatively few significant cases that had not been resolved prior to the last municipal court session.
Update Three years into the transition, outcomes for the City continue to be positive. In the most recent fiscal year, fine revenue exceeded city court expenditures by approximately $27,000. Although the net positive was less than predicted, the difference is mainly due to a 10% reduction in the number of traffic citations between 2018 and 2019, continuing a trend resulting in nearly a 35% traffic citation reduction since 2016. The City receives very few negative comments from adjudicates about the changes in court location, court staff performance/accessibility, or the transition from a night court to a daytime court.
The most significant challenge, the transfer of traffic citation information from the police department into court software, was resolved with minor computer coding changes allowing the police traffic citation software to electronically transfer information to the city prosecutor for review, execution and digital filing on the court docket.
Although difficult to quantify public perception without direct polling, the reduced number of contested charges and fewer requests for traffic violation trials seems to support the City’s belief that the transition would increase the legitimacy of the municipal court function through greater separation from the City’s governing body and appointed officials.
In the final analysis for Platte City, transferring municipal court operations to the associate circuit court has been almost uniformly positive. Three years after the fact it is difficult to identify any reasonable measure that does not support the decision. It is equally difficult to identify any rationale for revising or reversing the decision. DJ Gehrt is the city administrator of Platte City and serves on the Missouri Municipal League Board of Directors.
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2020 Agenda ELECTED OFFICIALS TRAINING CONFERENCE JUNE 4-5, 2020 | COLUMBIA, MO
Thursday, June 4
9:00 a.m. Registration
10:00 a.m. Welcome - Dan Ross, Executive Director, MML MML Services - Ramona Huckstep & Stuart Haynes, Policy & Membership Associates, MML
11:00 a.m. Municipal Government: What it Looks Like and How it Works - Kevin O’Keefe, Attorney, Curtis, Heinz, Garrett & O’Keefe
12:00 p.m. Lunch & Municipal Resource Showcase
1:30 p.m. Conducting City Business – Ordinances, Resolutions, Motions & Parliamentary Procedure - John Young, Hamilton Weber
2:30 p.m. Navigating the Rough Waters During a Council Meeting - Ken McClure, Mayor, Springfield
3:30 p.m. Ethics - Betsy Byers, Director of Business Services/Campaign Finance
4:30 p.m. Break
4:45 p.m. Round Table Discussion/Networking (optional)
5:30 p.m. Reception/Networking
Friday, June 5
7:30 a.m. Breakfast
8:00 a.m. KEYNOTE: Values-Based Leadership & Political Controversy - Dr. Wally Siewert, Director of Civic Engagement, FOCUS-St. Louis
9:00 a.m. Budget Basics and A Little More - DJ Gehrt, City Administrator, Platte City and Board of Directors, MML
10:00 a.m. Economic Development - Jack Ryan-Feldman, Director, Baker Tilly Municipal Advisors
Keynote Speaker DR. WALLY SIEWERT
Dr. Wally Siewert has over a decade of experience with civic and political engagement, from the grassroots and applied level to academic analysis and theory. From 2011- 2017, Dr. Siewert was the Director of the Center for Ethics in Public Life (CEPL) at the University of Missouri St. Louis. During that time CEPL established itself as a statewide hub for public ethics information, conferences, workshops, research, best practices, legislative tracking, community collaboration and more. Prior to arriving in St. Louis in 2011, Wally earned his Ph.D. in political philosophy and ethics from the University of California Santa Barbara. He also holds an M.A. in philosophy and a B.A. in philosophy and German from Western Michigan University. Prior to his post-graduate work, Dr. Siewert worked as a political organizer and lobbyist for a network of state-level grassroots consumer justice organizations, including two years as the campaign director for the Coalition for Consumer Justice of Rhode Island. He also spent four years as a small business owner and manager.
