In an attempt to end what some have called predatory practices aimed at the poor, Mo. Gov. Jay Nixon recently signed a broad municipal court reform bill. And, while it is a state-wide law, Dexter City Attorney Yewell "Bud" Lawrence said it will have little to no effect on Dexter.
"The situation with that bill is to go after areas like in St. Louis," Lawrence explained. "It's for municipalities that use fine collections as a revenue stream. That has never been the case for Dexter."
The bill goes into effect on Aug. 28, but municipalities have three to six years to comply with some provisions.
The bill limits fines, bans failure to appear charges for missing a court date, and bans jail as a sentence for most minor traffic offenses. It also restricts how much general operating revenue a city can generate from court fines and fees.
The bill was drafted to address what is perceived as a serious distrust between the public and its police forces, as well as what has become known as a system of "taxation by citation."
According to Lawrence, the new law just adds a few more hoops to be jumped through locally.
"It won't impact the city financially," Lawrence said. "Fines and tickets have never been a revenue stream for us."
One thing Lawrence noted would need changing is the wording of an ordinance concerning the amount of a fine that could be collected.
"I believe the wording is something like 'a fine to be no more than' a certain amount," Lawrence explained. "But we have never charged the maximum amount on these fines. The city has always understood that that isn't the best way to handle things."
Lawrence went on to explain that the classification of certain crimes will stay the same.
"Misdemeanors will still be misdemeanors, and felonies will still be felonies," Lawrence remarked. "For some of the offenses, the maximum charge will be $300. But, like I said, we never charged that much before, anyway."
Under the law, cities are required to provide an annual financial report to the state auditor. A municipal judge must certify that the court is complying with the required policies. Police departments must be accredited, and have written policies on use of force and pursuit. City ordinances must be available to the public and the Missouri Supreme Court is required to develop rules regarding conflicts of interest in the court system.
The issue of predatory fine practices came to light after the fatal shooting of Michael Brown in Ferguson last year.
In March, this year, the U.S. Department of Justice report criticized the Ferguson Police and courts by saying they didn't operate "...with the primary goal of administering justice or protecting the rights of the accused, but of maximizing revenue."
St. Louis courts generated more than $52 million in revenue. An independent review of the system concluded that those who are too poor to pay the fines are often jailed.
"The only thing that will really change for us is that it gives us a little more to do," Lawrence remarked. "We'll have to file reports on all minor traffic offenses versus operating costs. The small infractions are what's being counted, because the larger cities do have fine-based systems. We don't. We haven't, and we won't."