CCS/HS/HCS/SCS/SBs 614, 696, 906, 530, 912 & 914 - CIRCUIT COURT - CERTAIN COMMISSIONERS Allows for appointment of a probate commissioner in Jefferson County. The commissioner will be paid the same amount as an associate circuit court judge. Section 478.018 RSMo established the base salary for an associate circuit court judge at $69,713.

Changes sections regarding probate commissioners in St. Louis City, Jackson County, and St. Louis County to apply to judicial circuits instead of qualifying counties. Compensation for probate commissioners in these counties is set in Section 2 of the act, providing that the salaries will remain constant at current levels, but become that of an associate circuit judge once the current commissioners no longer hold these positions. This is generally equal to the current pay in St. Louis City and St. Louis County, but will be a decrease in Jackson County. Compensation for deputy probate commissioners will also be an associate judge salary.

In St. Charles County, the Family Court Commissioner currently paid from county funds will now be paid by state funds in the future.

Authority in first and second classification counties to appoint and fix the compensation and maintenance of the superintendent and assistants or other personnel needed to operate the detention facility is expanded to give such power to the family court administrator, when local rule permits, where current law grants it only to the judge of the juvenile court.

The act grants retirement benefits to commissioners and deputy commissioners who receive the full amount of salary provided for any Article V judge in an amount equal to the retirement benefits received by such judges.

TRIAL DE NOVO Removes several instances of review of an associate court decision by trial de novo in a circuit court. The act does not eliminate all instances of trial de novo review. Current law allows for certain small claims and minor cases to be heard by an associate circuit judge. In many instances, a party may appeal from a decision of the associate judge to the circuit judge. The circuit court then reviews via a trial de novo, usually repeating aspects of the trial including: pleadings, motions, discovery, evidence, and argument.

Practically, this will increase the power of associate circuit judges. It will also decrease the workload of circuit judges. However, it is possible that the workload of the appellate courts will increase proportionately as the cases normally granted trial de novo review will not have that option.

The changes affect the following statutes: local property assessments (Chapter 138), certain food statutes (Chapter 196), debtor-creditor claims (Chapter 426), traffic cases in St. Louis county (Chapter 479), suits of unlawful detainer (Chapter 534), and landlord-tenant actions (Chapter 535). Provisions relating to trial de novo take effect on January 1, 1999.

JUDGES Five additional circuit court judges are authorized for St. Louis County. These judges will replace the first five vacant associate circuit judge positions occurring on or after August 28, 1998.

A presiding circuit judge may assign classes of cases to commissioners.

The pay formula for senior judges is changed. Senior judges will now receive, for each day of service after retirement, 50% of the current daily salary of the office from which they retired, in addition to their retirement. The total of the daily pay plus the daily retirement shall not be less than 100% of the current day's pay. Under current law, the end amount paid is a full day's pay. This act caps the total yearly compensation earned by senior judges at the current annual salary of the office from which they retired. Current law caps the salary per day.

The change in language will not affect those senior judges who work enough days to receive the total current salary as the cap is still "current annual salary". It will affect those senior judges who are paid less than the total as they will now be able to receive a half day's pay plus their retirement pay.

Section 105.464 clarifies that knowledge of possible indirect financial gain as a prohibition for a judge to hear a proceeding shall be defined by the canons of judicial conduct. Language added in 1997 provided that judges shall not hear cases when they knew of potential direct or indirect financial gain to themselves.

The date of adding an associate circuit judge in Jackson County is changed from one year after the construction of new courtrooms to August 28, 1998.

Appellate judges may receive mileage and travel from the courthouse in their home county to where the court sits. Current law disallows travel and mileage expenses.

Section 451.100 gives municipal judges the authority to solemnize a marriage, provided they attend an approved instructional course on the laws of marriage.

COURT FEES Mileage expenses, reimbursed at the same amount as is allowed state employees for travel expenses, are added to witness fees, except in criminal cases involving indigent defendants.

Changes language inconsistent with various sections of Chapter 488, RSMo, enacted by SB 896 (1996), so that moneys paid to the sheriff for serving court papers are collected by the court clerk as court costs. Collected moneys will be held in a fund established under Section 57.280 of this act and shall not be transferred to the county general revenue fund.

Section 57.130, requiring the sheriffs to collect fines will expire on July 1, 2002.

The party applying for a writ, subpoena, or other process from the Supreme Court must pay for the transportation and safekeeping of any property to be seized before the seizure occurs.

PROPERTY ABATEMENT The act revises provisions in Chapter 441, RSMo, which allow civil actions against nuisance properties to force the properties to be rehabilitated or demolished. The property must be deemed a threat to the public health, safety or welfare by the code official. The petition shall ask for the appointment of a receiver to perform an abatement. The receiver shall receive the future rent payments to apply to the abatement of the nuisance. Current law allows the owner or a receiver to use the money.

The court may appoint a local housing corporation as the receiver in addition to current options. The owner may no longer be the receiver. Interested parties may improve the property if they post security with the court. If all lienholders refuse to serve as receiver, the local housing development corporation shall have a right of first refusal to be the receiver (if there are 4 units or less).

The petition may currently be filed by the city, 1/3 of the occupants of the building, a non-profit housing organization, or a close neighbor. This act adds counties and removes the occupants, non-profit organizations and neighbors. The act removes the prohibition against certain actions by the owner, such as rent increases or service decreases. Single family homes are included in the law. The petitioner must pay for the defendant's attorney fees if the petition was frivolous.

MISCELLANEOUS PROCEDURES Removes inconsistent parallel language regarding the power of the supreme court to adjust court costs is removed.

Any party represented by a legal aid or legal services organization shall have its court costs waived upon the certification by the legal aid organization representing the party, that the party is indigent.

Reassigns a state public defender to work two days per month in any counties willing to provide office space. At least two public defenders shall be reassigned to the counties of McDonald and Newton, provided that the counties pay for their share of the costs of office space and utility services.

Revises Section 487.030 to require cases heard by a commissioner of the court must be approved by a circuit or associate circuit judge. This is consistent with a Supreme Court decision that family court commissioners cannot unilaterally enter judgments of the court, but that their judgments must be signed by a judge.

Simplifies the Prison Inmate Litigation Reform Act, by providing that installment payments of court costs shall be payable to the Department of Corrections, which shall then pay the fees directly to general revenue rather than to the courts. An initial decision that an inmate shall pay by installments is binding until final judgment.

Allows for partition actions for personal property including boats and vessels. Current law exempts boats and vessels, but provides no other solution concerning their partition.

Section 491.060 adds licensed chiropractic physicians to those not allowed to testify to matters covered under doctor patient privilege.

Revises provisions from HB 361 (1997) relating to landlord-tenant. The act provides that a court date must be assigned at the time the summons is issued in suits for unlawful detainer or forcible entry. The court date must be set within 21 business days from the date the summons is issued unless the plaintiff consents to a later date. The summons must be served at least 4 days before the court date specified in the summons.

Section 56.765 changes current law establishing the Missouri Office of Prosecution Services Fund. Moneys are now collected by the director of revenue instead of the state treasurer, and the state treasurer is named custodian of the fund.

Section 82.1025 adds first classification counties to a current law granting St. Louis City and Kansas City a private cause of action for nuisance property, and includes court costs. This is similar to provisions in HB 977 & 1608.

Section 211.031 expands the provisions of exclusive original jurisdiction for family or juvenile courts to include situations where the child is alleged to have violated law prohibiting possession or use of tobacco products.

Section 211.447 changes the applicable time period in termination of parental rights petitions for establishing a presumption of unfitness. Current law presumes unfitness if the parent's rights were involuntarily terminated regarding any child within 3 years prior to adjudication, which is changed to 3 years prior to filing the petition.

Section 487.090 is changed to allow transfer to the family court of criminal actions where the defendant and victim are family members. Current law requires that the defendant waive a jury trial, and that both the defendant and victim consent. These requirements are removed.
CHARLES HATCHER