SB 56

Relating to Jackson County; to provide for additional court costs in civil and criminal cases in the circuit and district courts; and to provide for the distribution of the proceeds to the Jackson County Judicial Employees Fund be used to provide staffing for employees of the office of the circuit clerk and courts of Jackson County.

Section 1

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

Section 2

The Legislature hereby finds and declares the following: (1) The financial restraints existing in the State General Fund budget have resulted in a shortfall to the Unified Judicial System that has caused the layoff of many judicial employees. In Jackson County, three employees in the circuit clerk’s office who were scheduled for layoff have been temporarily retained with alternate funding other than funds appropriated to the Unified Judicial System; however, this alternate funding cannot be relied upon in the future. Revenue from this act will restore funding for some judicial employees in the circuit. (2) This act addresses this problem by increasing court costs.

Section 3

In addition to any court costs and fees authorized by law, additional court costs shall be assessed in certain Jackson County Circuit Court and District Court cases as follows: (1) In the circuit court: a. In civil cases, except for domestic relation cases, one hundred dollars ($100). b. In domestic relations cases, seventy-five dollars ($75). c. In criminal cases, including cases appealed from the district and municipal courts, twenty dollars ($20). (2) In District Court: a. In civil cases, excluding unlawful detainer, small claims, and child support cases, twenty dollars ($20). b. In criminal cases, including DUI cases, but excluding other traffic cases and negotiating worthless negotiable instrument cases, twenty dollars ($20).

Section 4

(a) The Circuit Clerk of the Jackson County shall collect the additional court costs assessed as provided in Section 3 in the same manner as other court costs are collected and deposit the proceeds monthly in the Jackson County Judicial Employees Fund, which shall be established in the county treasury. The fund shall be administered by the circuit court clerk. The presiding circuit judge and the circuit clerk shall jointly direct the expenditures from the fund solely to provide staffing for the office of the circuit clerk and the courts of Jackson County as the presiding circuit judge and circuit clerk jointly determine is necessary for the offices of the judges and clerk in Jackson County for the administration of the judicial system in a timely and efficient manner.

Section 5

The circuit clerk presiding circuit judge, of Jackson County may enter into a memorandum of understanding with the Administrative Office of Courts for the payment of all or a portion of the funds from the Jackson County Judicial Employees Fund to the Administrative Office of Courts for the purpose of providing the staffing needs of the judicial system of Jackson County. If the Administrative Office of Courts fails or refuses to enter into or withdraws from a memorandum of understanding to receive funds from the Judicial Employees Fund, or if the presiding circuit judge determines that staffing needs should be otherwise provided, then all or a portion of the proceeds of the fund may be expended for the staffing needs as deemed appropriate by the circuit clerk and presiding circuit judge.

Section 6

In the event that the Administrative Office of Courts funds staffing positions in the judicial system of Jackson County in a manner that the presiding circuit judge and circuit clerk determine to be adequate for the timely and efficient administration of the system, the presiding circuit judge shall certify that determination to the Jackson County Legislative Delegation. In the event the presiding circuit judge makes that certification, the court costs authorized by this act shall no longer be collected effective on the first day of the month immediately following the certification.

Section 7

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.