SB 0342 - Fiscal Note

Fiscal Note - SB 0342 - Authorizes the Commission on Judicial Resources to reallocate judgeships

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 1593-01

BILL NO. SB 342

SUBJECT: Reallocation of Judges

TYPE: Original

DATE: February 8, 1999

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would require the Commission on Judicial Resources to review judicial vacancies and certify to the Governor and General Assembly that a vacancy should not be filled. Additionally, the Commission could propose to reassign a vacant judgeship to another jurisdiction, subject to legislative approval. CTS assumes there could be a shifting of costs within the circuit courts and some savings in unknown future years could result if judgeships are eliminated.

Oversight assumes 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, Office of the Lieutenant Governor, Missouri House of Representatives, and the Office of the Secretary of State assume the proposal would have no fiscal impact on their agencies.

In response to similar legislation, the Office of the Senate assumed the proposal would have no fiscal impact on their agency.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(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

This proposal, along with SJR 2, authorizes the Commission on Judicial Resources to determine the number of associate and circuit court judges needed in each judicial circuit, subject to the constitutional provision allowing for voters to elect at least one associate circuit judge pursuant to SJR 2. The proposal sets out when the commission may determine that judgeships should be kept vacant or reassigned and how such determination may be reviewed by the legislature. Specifically, the Commission would: 1) recommend that a vacancy not be filled in a circuit with more judges than necessary, and file a corresponding plan for reassignment of the remaining judgeships in such circuit; or 2) recommend 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 vacancy should not be filled, 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.

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 the 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

Missouri House of Representatives

Office of the Secretary of State

NOT RESPONDING: Office of the Senate

Jeanne Jarrett, CPA

Director

February 8, 1999