HB 83

Relating to Mobile County; providing for additional court costs in the district court and the circuit court in civil and criminal cases, including domestic relations cases, but excluding certain other types of cases; to provide for the establishment of a judicial administration fund in the county; and to provide for the distribution of monies in the fund.

Section 1

This act shall be known and may be cited as the Mobile County Preservation of Justice Act.

Section 2

The Legislature finds and declares the following: (1) The Mobile County Judicial System faces a severe funding crisis. The judges of the Thirteenth Judicial Circuit have one of the highest caseloads in this state with over 25,000 filings in the Circuit Court of Mobile County and over 41,000 in the District Court of Mobile County. Criminal cases in the circuit have increased by over 11 percent during the last five years. (2) Despite these staggering caseloads, there has been a significant reduction of state funding to the trial courts in the county. Mobile County has experienced the loss of state funding for one-third of the staff of the circuit clerk; one-third of the staff of the circuit judges; one-half of the staff of the district judges; and 75 percent of the staff of the court administrator. As a consequence of these shortages, criminal cases are backlogged leading to overcrowding in the Mobile County Metro Jail; hearings on protection from abuse petitions are significantly delayed; and criminal and civil jury trial weeks have been reduced. These shortages now pose a threat to public safety and prevent the timely administration of justice in the courts of the county. (3) The Mobile County Preservation of Justice Act is enacted to address this problem by raising selected court filing fees in the county.

Section 3

In addition to any court costs and fees authorized in the district and circuit courts of Mobile County, there shall be assessed and collected the following additional court costs and fees: (1) In the district court, as follows: a. In civil cases, excluding small claims cases, twenty-five dollars ($25). b. In criminal cases, excluding traffic and juvenile cases, twenty-five dollars ($25). (2) In the circuit court, as follows: a. In civil cases, including, domestic relations cases, but excluding protection from abuse act cases and child support cases, one hundred dollars ($100). b. In criminal cases, one hundred dollars ($100).

Section 4

Nothing contained in this act shall impair the authority of a circuit or district judge to waive or to remit court costs or fees based on a sworn affidavit and a valid showing of substantial hardship.

Section 5

Disposition of funds shall be as follows: (1) The additional court costs or fees shall be collected by the Circuit Clerk of Mobile County and shall be deposited into the Mobile County Preservation of Justice Fund, which is hereby created in the office of the presiding circuit court judge. (2) The additional funds generated by this act shall be used by the presiding judge of the circuit court to restore needed staffing levels in the office of the circuit clerk, the offices of the circuit and district judges, and the office of the court administrator. To accomplish this purpose, the presiding judge shall enter a Memorandum of Understanding with the Administrative Office of Courts, effective October 1, 2019, as determined necessary to increase the staffing levels in the Thirteenth Judicial Circuit, including funding for the employment of additional court specialists, court attendants, law clerks, and employees in the office of the Court Administrator. These employees shall be employees of the Administrative Office of Courts and shall be entitled to receive the appropriate state benefits including, but not limited to, retirement and state health insurance benefits.

Section 6

The Mobile County Circuit Clerk shall remit the costs collected under this act to the Mobile County Judicial Preservation of Justice Fund on the last business day of the next month following collection.

Section 7

This act may not be construed to require the Mobile County Commission to expend or appropriate any funds other that the proceeds of the fees and court costs provided for by this act and deposited in the Mobile County Judicial Preservation of Justice Fund.

Section 8

This act shall become effective following its passage and approval by the Governor, or its otherwise becoming law.