SB 0934 - Fiscal Note

Fiscal Note - SB 0934 - Adds associate circuit judges to certain counties

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 3857-01

BILL NO. SB 934

SUBJECT: Associate Circuit Judges

TYPE: Original

DATE: March 10, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
General Revenue	$0	$0	($259,168)
Total Estimated Net Effect on All State Funds	$0	$0	($259,168)

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	($13,092 to $83,908)

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 5 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would add one additional associate circuit judge for the counties of Camden, Laclede, and Taney effective January 1, 2001. Associate circuit judges are state-paid and are traditionally entitled to a state-paid division clerk. The current salaries are $83,081 per associate circuit judge and $21,816 for a division clerk. It should be noted that Section 478.320 provides for a second associate circuit judge in a county once the population reaches 30,000 in a regular census. The 2000 census will be reported and this provision would be operable on July 1, 2001, as current census projection figures indicate these counties will exceed the 30,000 population trigger at that time. Thus, CTS assumes the additional cost of this proposal would appear to be costs for the six months from January 2001 to July 2001. CTS further assumes that any local costs would depend upon the availability of facilities, equipment and operating costs.

Officials from the Office of the State Public Defender (SPD) assume the proposal would result in added pressure for assistant public defenders to be in multiple places at one time. SPD realizes that their caseloads would not increase due to the additional judges in each county; however, their current caseloads would be expedited. SPD assumes they would require 1.5 FTE (.5 FTE in each of three counties) Assistant Public Defenders ($32,580 per year), plus fringe benefits, equipment, and operating expenses to carry out the provisions of this proposal with an estimated on-going cost of approximately $75,000 annually. The new judgeships would not begin until January 1, 2001; therefore, SPD has calculated their additional costs for the new office furniture and equipment required plus the related expenses for the six months from January 2001 to July 2001.

Officials from the Office of Prosecution Services (OPS) assume the proposed legislation would have no fiscal impact on their agency; however, it could result in an increase in the workloads of the county prosecutors in Camden, Taney, and Laclede Counties.

In response to a similar proposal, officials from the 26th Judicial Circuit Court of Missouri (Camden and Laclede County) assumed their office would incur minimal office expenses in the approximate amount of $4,296 per county during the year of implementation. The costs resulting from this proposal would be as follows: sound-recording device ($2,292), judicial robe ($304), travel and training ($200), and office furnishings ($1,500). Both Camden and Laclede Counties are currently constructing new courthouse facilities including court rooms, clerk facilities and offices which would accommodate all new judges and supporting staff at no additional cost.

ASSUMPTION (continued)

In response to a similar proposal, officials from the 38th Judicial Circuit Court of Missouri (Taney County) assume the proposal would result in minimal office expenses in the approximate amount of $4,500 during FY 2001, and $500 annually thereafter.

In response to a similar proposal, officials from the Office of the Taney County Prosecuting Attorney assumed their office would require an additional 1.5 FTE Assistant Prosecuting Attorney ($40,000 per year annual salary), 1 FTE Victim Advocate ($14,000 per year), and 1 FTE Paralegal ($14,000 per year) to meet the demands of the Associate Docket as well as the preparation of the expedited cases bound over to Circuit Court. Additionally, the Taney County Prosecuting Attorney assumed their office would require $22,000 for equipment and expenses to support the additional 3.5 FTE, along with $4,800 in annual rental expenses.

Oversight assumes the criminal docket in Taney County would be expedited to a certain degree; however, the total number of cases would remain the same and it is unlikely that the expedited docket would require the Office of the Taney County Prosecuting Attorney to hire an additional 3.5 FTE as reported by that office. The Taney County Prosecuting Attorney currently has 1 FTE Assistant Prosecuting Attorney who handles the entire associate docket; therefore, Oversight assumes that the increased local costs resulting from this proposal would likely range from zero to the total amount reported by the Taney County Prosecuting Attorney. The additional associate circuit judge would be added in Taney County on January 1, 2001; therefore, Oversight has shown the high side of the range as one-half of the annual costs reported by the Taney County Prosecuting Attorney for the six month period from January 2001 to July 2001.

Officials from the Office of the Attorney General assume the proposal would have no fiscal impact on their agency.

In response to a similar proposal, officials from the Office of the Camden County Prosecuting Attorney and the Office of the Laclede County Prosecuting Attorney assumed there would be no fiscal impact on their budgets.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
(6 Mo.)
GENERAL REVENUE FUND
Costs - State Courts Administrator (CTS)
Personal Service (6 FTE)	$0	$0	($161,279)
Fringe Benefits	0	0	(45,158)
Total Costs - CTS	$0	$0	($206,437)
FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
(continued) (6 Mo.)
GENERAL REVENUE FUND
Costs - State Public Defender (SPD)
Personal Service (1.5 FTE)	$0	$0	($26,314)
Fringe Benefits	0	0	(7,376)
Equipment and Expenses	0	0	(19,041)
Total Costs - SPD	$0	$0	($52,731)
ESTIMATED NET EFFECT
ON GENERAL REVENUE	$0	$0	($259,168)
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
			(6 Mo.)
	LOCAL GOVERNMENTAL ENTITIES
Costs - Taney County Circuit Court	$0	$0	($4,500)
Costs - Camden County Circuit Court	$0	$0	($4,296)
Costs - Laclede County Circuit Court	$0	$0	($4,296)
Costs - Taney County Prosecuting Attorney			$0 to
Personal Service (3.5 FTE)	$0	$0	($45,320)
			0 to
Fringe Benefits	$0	0	(12,930)
			0 to
Equipment and Expenses	$0	0	(12,566)
			$0 to
Total Costs - Taney County Prosecuting Attorney	$0	$0	($70,816)
ESTIMATED NET EFFECT ON			($13,092) to
LOCAL GOVERNMENTAL ENTITIES	$0	$0	($83,908)
FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

The proposal would add one additional associate circuit judge to each of the following counties as of January 1, 2001: Camden County, Laclede County, and Taney County.

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 State Public Defender

Office of Prosecution Services

Office of the Attorney General

NOT RESPONDING: 26th Judicial Circuit Court of Missouri (Camden and Laclede County) and 38th Judicial Circuit Court of Missouri (Taney County).

Jeanne Jarrett, CPA

Director

March 10, 1998