CHICAGO – Missouri Attorney General Chris Koster is appealing a state court ruling that blocks a portion of a 2015 law aimed at reining in local governments’ reliance on municipal court fines to fund operations.
Cole County Circuit Court Judge Jon Beetem on Monday sided with a dozen local governments in St. Louis County that argued that they were treated unfairly by the law, which limited their fine collections to 12.5% of operations while other counties were allowed to go up to 20%. The law lowered the statewide level from 30%.
The statewide cap provisions remain in effect.
“Senate Bill 5 passed overwhelmingly with strong bipartisan support, to stop municipalities from abusing citizens through excessive ticketing practices,” attorney general Chris Koster said in a statement. “We will appeal the circuit court’s ruling enjoining both the 12.5% cap for St. Louis County municipalities and the new standards for policing and budgetary issues.”
Local governments' heavy use of court fine revenue to balance their budgets came under scrutiny in the wake of civil unrest after a white Ferguson police officer shot to death Michael Brown, an unarmed black man, in August 2014.
A report from the U.S. Department of Justice's Civil Rights Division found the Ferguson police department engaged in unlawful and discriminatory practices partially driven by the city's reliance on court fine revenue to support its budget. Critics say stiff court fines imposed by local governments like Ferguson's result in aggressive policing tactics that disproportionally target low-income residents.
Under the law Gov. Jay Nixon signed last July, local governments that violate the new limits face mandatory sanctions including the reassignment of pending cases, forfeiting all fines and court costs for distribution to schools, and potential municipal disincorporation. The legislation also caps fines and court costs for minor traffic offenses, requires courts to consider individuals' ability to pay those fines, and prohibits sentencing people to jail for failing to pay.
The rules took effect Aug. 28, but municipalities have several years to adjust to some provisions.
Ferguson has lost its investment grade rating and warned of potential insolvency as it deals with fallout from the shooting, a reduction in its fine collections, and the costs of meeting requirements under a consent agreement struck with the U.S. Department of Justice.
