IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing section 1810., Jackson County Code 1984, relating to costs in the County Municipal Court, and enacting in lieu thereof, one new section relating to the same subject.
Intro
ORDINANCE NO. 5525, July 12, 2021
INTRODUCED BY Dan Tarwater III, County Legislator
Body
WHEREAS, by its opinion in the case of Fowler v. Missouri Sheriffs' Retirement System, Case No. SC98484, (Mo. banc 2021), the Supreme Court of Missouri held that the Missouri statute that authorized a $3.00 court cost to be imposed in County Municipal Court for the benefit of the Sheriffs' Retirement System resulted in a sale of justice in violation of article I, section 14 of the Missouri Constitution; and,
WHEREAS, in view of this ruling, it is appropriate that the County Code chapter setting out the allowable costs in County Municipal Court be revised to delete the reference to this now improper element of costs; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County Missouri as follows:
Section A. Enacting Clause. Section 1810., Jackson County Code, 1984, is hereby repealed, and one new section enacted in lieu thereof, to be known as section 1810., to read as follows:
1810. Court Costs.
1810.1 Generally.
Costs and procedures in the County Municipal Court shall be governed by the provisions of law relating to municipal ordinance violations in municipal divisions of circuit courts.
1810.2 Specific Costs.
Specific items of court costs are as follows:
a. Clerk Fee
A fee of twelve dollars ($12.00) shall be levied for each ordinance violation filed before a county municipal judge and in the event that a defendant pleads guilty or is found guilty, the judge may assess costs against the defendant. Except as otherwise provided, the costs of this subsection are in lieu of other court costs. The costs herein provided shall be collected by the authorized clerk and deposited into the county treasur...
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