EDITOR’S NOTE: Ferguson, Missouri, a city in northern St. Louis County, came to notoriety in America when Michael Brown, 18, an African-American, was fatally shot on August 9, 2014, by Darren Wilson, a white city police officer shortly after Brown robbed a convenience store. Brown was unarmed but in the process of the arrest Wilson felt his life was in danger and killed Brown. The incident sparked protests and riots. A Grand Jury review ensued to determine whether Officer Wilson would be criminally indicted; it returned no charges against him. Additional unrest followed. Tensions in the community eventually led to a U.S. Department of Justice investigation of the use of force by the Ferguson Police Department. DOJ’s Report, returned seven months after the shooting, painted a dire picture of police enforcement based on race. Aside from a scathing review of police tactics, the DOJ Report pointed to problems and improprieties in the operation of the Ferguson Municipal Court related to both its operations and questionable fine and fee procedures. These findings prompted the Missouri Supreme Court to engage the National Center for State Courts, a nonprofit consultancy dedicated to court improvement, to review the Ferguson Court and other municipal courts in the State with the intent of identifying a series of “best practices” that could be implemented in Missouri’s 600+ municipal courts. The Center’s Report, along with various other studies requested by the Supreme Court, enabled the Court to develop and issue a list of Minimum Operating Standards that all municipal courts must meet. The National Center has continued to work with the municipal courts in St. Louis County by assisting the Presiding Judge of the County’s Circuit Court. (Presiding judges in each of Missouri’s 46 circuits are responsible for overseeing and monitoring improvements in the municipal courts within their jurisdictions). The editorial below, written by St. Louis County Circuit Court Presiding Judge Douglas R. Beach, reviews some of the changes in process in his jurisdiction which includes Ferguson. Judge Beach is also the President-elect of NAPCO.
Three years after the death of Michael Brown Jr. in Ferguson, long-overdue systemic reform of St. Louis County’s municipal court system is underway.
For decades, many residents – especially those of color – felt they had been victimized and denied their constitutional rights by law enforcement and municipal courts in St. Louis County’s hodgepodge of 89 municipalities.
Some municipalities used police to generate revenue to keep inefficient city operations afloat. Others ran municipal courts like debtors’ prisons, jailing indigent citizens for days or even weeks when they were unable to pay fines for minor offenses like broken tail lights or uncut grass, wreaking havoc on their personal lives. And if folks didn’t show up for court, their fines kept growing.
Now, with new state law, new Missouri Supreme Court minimum operating standards and new local court rules in place to compel reform, the hard work of change is moving forward.
Although historically they have operated independently, municipal courts are, in fact, divisions of the circuit court. With nearly 80 divisions in St. Louis County to monitor, it is a painstaking and, at times, frustrating process. Old ways die hard.
But, make no mistake: Change is happening. We are beginning to see greater consistency, accountability, transparency and equity in St. Louis County and across the state, just as the law demands and the public deserves.
Today, more municipalities are complying with state law that requires them to report records of conviction statistics on moving violations.
Fewer citations are being written by police officers for minor traffic offenses. There are fewer arrests, fewer warrants and fewer individuals going to jail.
The percentage of municipal general revenue generated by fines and costs has been reduced dramatically. In most municipalities in St. Louis County, that percentage is at or below the 20 percent cap set by state law.
Indigent defendants are being allowed to present evidence of their financial condition when fines or fees are set, as required by law. Payment plans are required for those who need them. And, for residents who cannot afford to pay their fines, community service is being offered as an alternative.
Communities that have consolidated their municipal court operations are using consistent protocols, procedures, and fee schedules. This means that a ticket for a noisy muffler costs the same in the six municipalities now operating out of the St. Ann Consolidated Courts and the nine operating out of Normandy. Fifteen courts consolidated into two is real progress.
In Ferguson – whose municipal court has made significant strides under the supervision of the U.S. Department of Justice – fines can no longer be doubled or tripled whenever a charge is amended to a charge of the same classification.
Training, including implicit bias training, is being provided to help professionalize municipal judges, court clerks and prosecutors on a state-wide basis to ensure that follow the law.
All those involved in the day-to-day administration of justice – from city attorneys and municipal judges to prosecutors and police chiefs — are working to improve cooperation that is essential to progress.
Training, including implicit bias training, is being provided to help professionalize municipal judges, court clerks and prosecutors on a state-wide basis to ensure that follow the law.
All those involved in the day-to-day administration of justice – from city attorneys and municipal judges to prosecutors and police chiefs — are working to improve cooperation that is essential to progress.
Are all municipal courts in St. Louis County operating as they should? Not yet.
Are there still serious issues to resolve? Yes.
Are we on the path of progress? Absolutely.
Taking the steps necessary to improve the municipal courts in St. Louis County is my top priority.
Reaching our shared goal of fair and impartial justice for everyone in our court system is a journey of 10,000 steps.
Together, we will get there – one step at a time.