Fiscal Note - SB 0001 - Commission on Judicial Resources to Recommend Reallocation of Circuit Judges
L.R. NO. 0414-01
BILL NO. SB 1
SUBJECT: Reallocation of Judges
TYPE: Original
DATE: January 28, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) assume the
proposed legislation would require the Commission on Judicial Resources, or
some other body, to determine the number of associate circuit judges and
circuit judges necessary in each circuit and in each county. CTS assumes it
would be impossible to estimate the costs or savings resulting from this
proposal without specific recommendations regarding the number and placement
of judges.
Oversight agrees that the proposal could result in a cost or a savings to
CTS, as the Commission on Judicial Resources could increase or decrease the
number of judges in each county. However, any decision to increase the
number of judges would require appropriation by the General Assembly and a
concurrent resolution signed by the Governor. Also, any decision to decrease
the number of judges could be nullified by the General Assembly with a
concurrent resolution signed by the Governor. (Note: The Missouri
Constitution mandates that each county have at least one associate circuit
judge.) Since recommendations made by the Commission on Judicial Resources
will generally require further action by the General Assembly, Oversight
assumes that this proposal alone would have no fiscal impact on CTS.
Officials from the Office of the Governor, the Office of the Lieutenant
Governor, the Office of the Senate, the Missouri House of Representatives,
and the Office of the Secretary of State assume the proposal would have no
fiscal impact on their agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would establish procedures for the Commission on Judicial
Resources to determine whether associate and circuit court judge positions
should be kept vacant or reassigned and how such a determination would be
reviewed by the Legislature. Specifically, the Commission would: 1) declare
that a vacancy not be filled in a circuit with more judges than necessary and
file a corresponding plan for reassignment of the remaining judges in such
circuit; or 2) declare that positions be added in a circuit with fewer judges
than necessary.
When a circuit court position is vacated and the Commission declares that
such position should not be replaced, the Commission would certify this
declaration to the Governor and General Assembly. Such vacancy would not be
filled unless the General Assembly nullifies the Commission's declaration by
a Concurrent Resolution that is signed by the Governor. Such resolution
could be introduced during any regular or special session. If the General
Assembly fails to nullify the Commission's declaration within six months, the
position would cease to exist. If the General Assembly nullifies the
declaration, a new judge would be selected pursuant to the Missouri
Constitution.
When the Commission declares a vacancy, it would include in its certification
a proposed reassignment of judges in that circuit. The General Assembly
could, by Concurrent Resolution, provide for a different reassignment of
such judges. The Commission would follow the same procedure outlined above
if it declares that a circuit court position should be added to a circuit.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Office of State Courts Administrator
Office of the Governor
Office of the Lieutenant Governor
Office of the Senate
Missouri House of Representatives
Office of the Secretary of State
This Fiscal Note is not an official copy and should not be quoted or cited.