"A government of laws, and not of men."

- John Adams, Novanglus Essays, No. 7.

My end-of-session review continues, and so shortly after Independence Day, it's fitting that the topic for this week's Dialogue is justice, since the rule of law is a fundamental, bedrock principle of free government. The preamble to the federal Constitution states that one of its aims will be to "establish justice." The Bill of Rights of the Missouri Constitution also declares that "the courts of justice shall be open to every person, and . . . right and justice shall be administered without sale, denial or delay." Ensuring that our courts of justice remain open and accessible, while also making responsible use of public resources, requires continuous action and oversight.      

SENATE JUDICIARY COMMITTEE

In January, I was chosen to chair the Senate Judiciary Committee, so a great deal of my attention this year has been focused on the judiciary--a core, constitutional function of state government. I am only the third non-attorney to serve in this capacity in the committee's 193-year history. For this reason, I worked to establish an environment where all parties were encouraged to bring ideas and solutions to the table and cooperate to improve our justice system. With a proactive agenda, we achieved several victories: a serious effort remains underway to update the Missouri Criminal Code and significant judiciary and crime bills (HBs 374 & 434 and HB 215) have already been signed into law by the governor. With those same bills, I was able to deliver an additional judge in Greene County and preserve our current number of family court commissioners.  

JUDICIARY BILL (HBs 374 & 434)  

Among my priorities for the year was the establishment of more rational processes to distribute judicial resources and reorganize the state's judicial circuits. Decades of inaction or limited action by the General Assembly have resulted in an uneven distribution of judicial resources across the state. Timely delivery of justice depends on local circuits having the right tools to meet the demands placed on them, so citizens have their day in court. Areas with population growth, like southwest Missouri, have not seen matching changes in judicial resources.  Unfortunately, there have been numerous legislative roadblocks to authorizing even one additional judge in Greene County, with its growing population, let alone the eight additional positions indicated by repeated judicial workload studies.  

This year, the logjam broke. Not only was I able to deliver authorization fortwo additional judicial positions in Greene County, and secure funding in the budget for one position, but I also saw several other proposals I made signed into law as part of HBs 374 & 434: (1) the submission of judicial and clerical weighted workload models to the General Assembly by the judiciary; (2) the use of these models, in addition to our current population-driven formula, to determine where judicial positions should be authorized; (3) the development of new guidelines by the Supreme Court; and (4) a plan for judicial circuit boundaries to be redrawn on a regular basis. The first three are extensions of an earlier proposal I filed as Senate Bill 21, while the last one was originally filed as Senate Bill 22. I want to thank Rep. Stan Cox, Rep. Kevin Elmer and the entire Greene County delegation in the House for their partnership and great work in the House for final passage of this bill.     

CRIME BILL (HB 215)  

Also signed into law last week was another omnibus bill I handled in the Senate, House Bill 215, which modifies several areas of law relating to our criminal justice system. It makes several significant changes to sex crimes and domestic violence law, as well as clarifying other statutes dealing with the possession of child pornography or sexually violent predators. Other sections refine language passed in last year's Justice Reinvestment Act. Furthermore, the bill creates a statutory system for collecting restitution for crime victims, in order to better fulfill our obligation to do so under the Missouri constitution. It also contains language from another bill I sponsored, SB 327, which provides more options to counties with respect to the electronic monitoring of certain criminal defendants. SB 327 has also been signed into law separately.  Finally, HB 215 included language from SB 414, which I originally filed to address ongoing issues related to the state public defender system. The Public Defender System no longer may limit the availability of district offices or public defenders to accept cases based on its own internal caseload standards, a practice which had faced resistance. Instead, public defender offices can request conferences with the presiding judge of a circuit to discuss caseload issues. The bill also sets out parameters for judicial appointment of private attorneys to represent indigent defendants. Other provisions bring the statutes and the current administrative structure of the public defender system in line with each other, while also requiring that the public defender offices be realigned with the state's judicial circuits.   

GOVERNOR'S ACTIONS ON LEGISLATION (SINCE JULY 28, 2013)

Over the last week or so, the governor has signed 25 additional bills and vetoed 16 additional bills. Less than a week remains for him to take action on the remaining bills.  Click here or scroll down to see the list of bills signed or vetoed since my last update on July 28, 2013. Follow this link to see a complete list of the governor's actions or this link to review a list of all bills Truly Agreed To and Finally Passed by the General Assembly this year.  

KEEP IN TOUCH  

Your thoughts are appreciated and encouraged. I serve you best when I hear from you and know what you're thinking about current issues. My office remains open throughout the year, and my staff and I are ready to help you with any problems you might have. Please call (573) 751-2583 or visit my Senate website at www.senate.mo.gov/dixon. E-mails, phone calls or letters are always welcome.

Sincerely,

Governor's Action on Legislation (since 6/28/13)

SB 251 - Updates provisions relating to public assistance fraud and abuse

July 8, 2013 - Signed by Governor

HB 436 - Establishes the Second Amendment Preservation Act which rejects all federal acts that infringe on a Missouri citizens' rights under the Second Amendment of the United States Constitution

July 5, 2013 - Vetoed by Governor  view veto letter

HB 533 - Changes the laws regarding firearms

July 5, 2013 - Signed by Governor

HB 331 - Allows specified telecommunication companies to seek a waiver for the maximum price cap regulations from the Missouri Public Service Commission in the same manner as for other rules and regulations

July 5, 2013 - Signed by Governor

SB 23 - Modifies provisions relating to taxation, economic development, political subdivision, and motor vehicles

July 5, 2013 - Signed by Governor

SB 99 - Modifies provisions relating to elections

July 5, 2013 - Signed by Governor

HB 345 - Establishes the Uniform Wireless Communications Infrastructure Deployment Act

July 5, 2013 - Signed by Governor

HB 301 - Adds the prosecutor of the jurisdiction into which a sexually violent predator is to be released to the list of those who must be served the offender's petition for conditional release over specified objections

July 3, 2013 - Vetoed by Governor  view veto letter

SB 129 - Establishes the Volunteer Health Services Act to allow for licensed health care professionals to provide volunteer services for a sponsoring organization

July 3, 2013 - Vetoed by Governor  view veto letter

HB 339 - Requires uninsured motorists to forfeit recovery of noneconomic damages under certain circumstances

July 3, 2013 - Vetoed by Governor  view veto letter

SB 110 - Establishes procedures to follow in child custody and visitation cases for military personnel

July 3, 2013 - Vetoed by Governor  view veto letter

SB 73 - Modifies provisions relating to the judicial process, including provisions relating to motorcycle brake lights

July 3, 2013 - Vetoed by Governor  view veto letter

SB 77 - Allows for certain neighborhood youth development programs to be exempt from child care licensing requirements

July 3, 2013 - Vetoed by Governor  view veto letter

SB 327 - Modifies provisions relating to electronic monitoring of criminal defendants and DWI courts

July 3, 2013 - Signed by Governor

HB 142 - Specifies that the exclusion from eligibility in any demand-side program offered by an electrical corporation of certain tax credits will not apply to low-income programs and their participants

July 3, 2013 - Signed by Governor

HB 148 - Establishes the custody and visitation rights of a deploying military parent

July 3, 2013 - Signed by Governor

HB 374 - Changes laws regarding judicial procedures

July 3, 2013 - Signed by Governor

HB 675 - Requires the Department of Elementary and Secondary Education to develop guidelines for the training of school employees in the care needed for students with diabetes

July 3, 2013 - Signed by Governor

HB 432 - Authorizes the Missouri Public Service Commission to intervene in federal administrative, regulatory, and judicial hearings on behalf of the state

July 3, 2013 - Signed by Governor

SB 34 - Requires the Division of Workers' Compensation to develop and maintain a workers' compensation claims database

July 2, 2013 - Vetoed by Governor  view veto letter

HB 542 - Revises the definition of "eggs" as it relates to the regulation of the sale of eggs to include the eggs of a domesticated turkey, duck, goose, or guinea that are intended for human consumption

July 2, 2013 - Signed by Governor

SB 9 - Modifies provisions relating to agriculture

July 2, 2013 - Vetoed by Governor  view veto letter

SB 342 - Modifies provisions relating to agriculture

July 2, 2013 - Vetoed by Governor  view veto letter

HB 235 - Changes the laws regarding the qualifications for a candidate for county treasurer or county collector-treasurer

July 2, 2013 - Signed by Governor

SB 28 - Redefines "misconduct" and "good cause" for the purposes of disqualification from unemployment benefits

July 2, 2013 - Vetoed by Governor  view veto letter

HB 233 - Changes the laws regarding the Missouri State Employee Retirement System and the Missouri Department of Transportation and Highway Patrol Employees' Retirement System

July 2, 2013 - Signed by Governor

HB 329 - Changes the laws regarding certain residential real estate loan violations

July 2, 2013 - Vetoed by Governor  view veto letter

SB 100 - Modifies provisions regarding bankruptcy, child custody, adoptions, and child support administrative proceedings as well as court surcharges, court costs, and judicial personnel

July 2, 2013 - Signed by Governor

SB 170 - Allows members of public governmental bodies to cast roll call votes in a meeting if the member is participating via videoconferencing

July 2, 2013 - Vetoed by Governor  view veto letter

HB 215 - Changes the laws regarding judicial procedures

July 2, 2013 - Signed by Governor

HB 351 - Changes the requirements for hospital licensure and inspections

July 2, 2013 - Signed by Governor

HB 611 - Changes the laws regarding unemployment compensation

July 2, 2013 - Vetoed by Governor  view veto letter

SB 224 - Modifies provisions relating to crimes and law enforcement officers and agencies

July 1, 2013 - Vetoed by Governor  view veto letter

SB 265 - Prohibits the state and political subdivisions from implementing policies affecting property rights and from entering into certain relationships with organizations

July 1, 2013 - Vetoed by Governor  view veto letter

HB 278 - Prohibits any state or local governmental entity; public building, park, or school; or public setting or place from banning or restricting the practice, mention, celebration, or discussion of any federal holiday

July 1, 2013 - Vetoed by Governor  view veto letter

SB 188 - Modifies provisions relating to civil commitment of sexually violent predators

July 1, 2013 - Signed by Governor

SB 69 - Modifies provision relating to administrative child support orders

July 1, 2013 - Signed by Governor

HB 510 - Allows a limited liability company to establish a designated series of members, managers, and company interests having separate rights and duties regarding specified property

July 1, 2013 - Signed by Governor

SB 252 - Prohibits the Department of Revenue from retaining copies of source documents used to obtain driver's licenses and nondriver's licenses

July 1, 2013 - Signed by Governor

SB 248 - Modifies provisions relating to neighborhood improvement districts and delinquent property taxes

July 1, 2013 - Signed by Governor

HB 117 - Changes the laws regarding petition circulators and the duties of the Secretary of State regarding initiative and referendum petitions

July 1, 2013 - Signed by Governor

HB 175 - Changes the laws regarding the collection of special assessments and delinquent property taxes

July 1, 2013 - Signed by Governor

SB 251 - Updates provisions relating to public assistance fraud and abuse

July 8, 2013 - Signed by Governor

HB 436 - Establishes the Second Amendment Preservation Act which rejects all federal acts that infringe on a Missouri citizens' rights under the Second Amendment of the United States Constitution

July 5, 2013 - Vetoed by Governor  view veto letter

HB 533 - Changes the laws regarding firearms

July 5, 2013 - Signed by Governor

HB 331 - Allows specified telecommunication companies to seek a waiver for the maximum price cap regulations from the Missouri Public Service Commission in the same manner as for other rules and regulations

July 5, 2013 - Signed by Governor

SB 23 - Modifies provisions relating to taxation, economic development, political subdivision, and motor vehicles

July 5, 2013 - Signed by Governor

SB 99 - Modifies provisions relating to elections

July 5, 2013 - Signed by Governor

HB 345 - Establishes the Uniform Wireless Communications Infrastructure Deployment Act

July 5, 2013 - Signed by Governor

HB 301 - Adds the prosecutor of the jurisdiction into which a sexually violent predator is to be released to the list of those who must be served the offender's petition for conditional release over specified objections

July 3, 2013 - Vetoed by Governor  view veto letter

SB 129 - Establishes the Volunteer Health Services Act to allow for licensed health care professionals to provide volunteer services for a sponsoring organization

July 3, 2013 - Vetoed by Governor  view veto letter

HB 339 - Requires uninsured motorists to forfeit recovery of noneconomic damages under certain circumstances

July 3, 2013 - Vetoed by Governor  view veto letter

SB 110 - Establishes procedures to follow in child custody and visitation cases for military personnel

July 3, 2013 - Vetoed by Governor  view veto letter

SB 73 - Modifies provisions relating to the judicial process, including provisions relating to motorcycle brake lights

July 3, 2013 - Vetoed by Governor  view veto letter

SB 77 - Allows for certain neighborhood youth development programs to be exempt from child care licensing requirements

July 3, 2013 - Vetoed by Governor  view veto letter

SB 327 - Modifies provisions relating to electronic monitoring of criminal defendants and DWI courts

July 3, 2013 - Signed by Governor

HB 142 - Specifies that the exclusion from eligibility in any demand-side program offered by an electrical corporation of certain tax credits will not apply to low-income programs and their participants

July 3, 2013 - Signed by Governor

HB 148 - Establishes the custody and visitation rights of a deploying military parent

July 3, 2013 - Signed by Governor

HB 374 - Changes laws regarding judicial procedures

July 3, 2013 - Signed by Governor

HB 675 - Requires the Department of Elementary and Secondary Education to develop guidelines for the training of school employees in the care needed for students with diabetes

July 3, 2013 - Signed by Governor

HB 432 - Authorizes the Missouri Public Service Commission to intervene in federal administrative, regulatory, and judicial hearings on behalf of the state

July 3, 2013 - Signed by Governor

SB 34 - Requires the Division of Workers' Compensation to develop and maintain a workers' compensation claims database

July 2, 2013 - Vetoed by Governor  view veto letter

HB 542 - Revises the definition of "eggs" as it relates to the regulation of the sale of eggs to include the eggs of a domesticated turkey, duck, goose, or guinea that are intended for human consumption

July 2, 2013 - Signed by Governor

SB 9 - Modifies provisions relating to agriculture

July 2, 2013 - Vetoed by Governor  view veto letter

SB 342 - Modifies provisions relating to agriculture

July 2, 2013 - Vetoed by Governor  view veto letter

HB 235 - Changes the laws regarding the qualifications for a candidate for county treasurer or county collector-treasurer

July 2, 2013 - Signed by Governor

SB 28 - Redefines "misconduct" and "good cause" for the purposes of disqualification from unemployment benefits

July 2, 2013 - Vetoed by Governor  view veto letter

HB 233 - Changes the laws regarding the Missouri State Employee Retirement System and the Missouri Department of Transportation and Highway Patrol Employees' Retirement System

July 2, 2013 - Signed by Governor

HB 329 - Changes the laws regarding certain residential real estate loan violations

July 2, 2013 - Vetoed by Governor  view veto letter

SB 100 - Modifies provisions regarding bankruptcy, child custody, adoptions, and child support administrative proceedings as well as court surcharges, court costs, and judicial personnel

July 2, 2013 - Signed by Governor

SB 170 - Allows members of public governmental bodies to cast roll call votes in a meeting if the member is participating via videoconferencing

July 2, 2013 - Vetoed by Governor  view veto letter

HB 215 - Changes the laws regarding judicial procedures

July 2, 2013 - Signed by Governor

HB 351 - Changes the requirements for hospital licensure and inspections

July 2, 2013 - Signed by Governor

HB 611 - Changes the laws regarding unemployment compensation

July 2, 2013 - Vetoed by Governor  view veto letter

SB 224 - Modifies provisions relating to crimes and law enforcement officers and agencies

July 1, 2013 - Vetoed by Governor  view veto letter

SB 265 - Prohibits the state and political subdivisions from implementing policies affecting property rights and from entering into certain relationships with organizations

July 1, 2013 - Vetoed by Governor  view veto letter

HB 278 - Prohibits any state or local governmental entity; public building, park, or school; or public setting or place from banning or restricting the practice, mention, celebration, or discussion of any federal holiday

July 1, 2013 - Vetoed by Governor  view veto letter

SB 188 - Modifies provisions relating to civil commitment of sexually violent predators

July 1, 2013 - Signed by Governor

SB 69 - Modifies provision relating to administrative child support orders

July 1, 2013 - Signed by Governor

HB 510 - Allows a limited liability company to establish a designated series of members, managers, and company interests having separate rights and duties regarding specified property

July 1, 2013 - Signed by Governor

SB 252 - Prohibits the Department of Revenue from retaining copies of source documents used to obtain driver's licenses and nondriver's licenses

July 1, 2013 - Signed by Governor

SB 248 - Modifies provisions relating to neighborhood improvement districts and delinquent property taxes

July 1, 2013 - Signed by Governor

HB 117 - Changes the laws regarding petition circulators and the duties of the Secretary of State regarding initiative and referendum petitions

July 1, 2013 - Signed by Governor

HB 175 - Changes the laws regarding the collection of special assessments and delinquent property taxes

July 1, 2013 - Signed by Governor