Justice for All: Court Reform

Municipal courts shall not incarcerate individuals for minor, nonviolent offenses. They should also not issue "failure to appear" warrants on such charges, as these often lead to incarceration.

Municipal courts shall establish effective alternatives to jail time, fines, and fees for violations of municipal ordinances, including payment plans and community service.

Municipalities shall treat minor nonviolent offenses as civil violations rather than criminal cases.

Collect Municipal Court Debts Like Civil Debts Municipal courts shall collect debts in a manner consistent with other civil debts.

We strongly recommend that municipalities institute some form of community justice center that operates in conjunction with the municipal court for individuals charged with traffic violations and other types of violations who are unable to pay or otherwise in need. This community-based, municipal justice approach could include case management and social work services, providing judges and prosecutors with a broad range of alternative sentencing options (such as community service, community restitution, community mediation, and access to social services) and could help coordinate and cultivate new community service alternatives, as now required by law.

Municipal courts shall inform all defendants of their right to counsel and must obtain an informed waiver if defendants choose to proceed pro se. If a defendant requests counsel but cannot afford representation, the court shall appoint an attorney when constitutionally or statutorily required. Municipal courts shall provide attorneys for all minors and in additional instances where doing so is consistent with their policies.

Minors charged with a criminal offense with jail as a potential sentence shall be assigned a public defender.

All municipal court, jail, and city government employees shall receive annual cultural bias training and training on how to protect the constitutional rights of residents and defendants, and on how to effectively administer courts. Each employee must sign a written acknowledgement upon completion of training. This training shall ensure that personnel adequately understand that the following apply to their activities and duties:

• All relevant administrative rules of the Missouri Supreme Court, the applicable judicial circuit court, and the municipal court.
• All constitutional and statutory procedural rights afforded to citizens.
• All other constitutional protections for citizens, including the requirements that:
  • Consistent with the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, municipal courts shall not hold a person in custody after an arrest because the person is too poor to post a monetary bond or bail payment.
  • Municipal courts shall not hold a person in jail for nonpayment at proceedings initiated by the municipality without a meaningful inquiry into the person’s ability to pay (including notice and an opportunity to present evidence) and without the assistance of counsel or an informed waiver of assistance.
  • Municipal courts shall provide all inmates held in any municipal jail with a toothbrush, toothpaste, hand soap, shower access, reasonably sanitary surroundings, exercise, reading materials, adequate medical care, and nutritious meals. Feminine hygiene products shall be provided to inmates upon request. No person shall be charged any money for any time spent in jail or for the provision of basic needs while in jail.

Municipal judges shall be prohibited from engaging in municipal court practice in the county in which they serve as a municipal judge.

Municipal prosecutors shall be prohibited from representing criminal defendants in municipal courts within the county in which they serve as a prosecutor.

Law enforcement agencies across the St. Louis region shall consolidate contiguous jurisdictions. For the purpose of the consolidation process, the agencies shall designate anchor departments through an evaluation process which determines the department that best aligns with the vision for policing in the St. Louis region described by the Commission. Consolidation clusters may include those enumerated in the Police Executive Research Forum report "Overcoming the Challenges and Creating a Regional Approach to Policing in St. Louis City and County" (PERF Report)

The Missouri Supreme Court shall take direct jurisdiction of municipal court functions through the associate circuit court and consolidate into an appropriate number the municipal courts for the purpose of the efficient administration of justice.