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Ferguson Commission Co-Chairs Rev. Starsky Wilson and Rich McClure have commended Governor Jay Nixon on signing Senate Bill 5 into law, as well as the Missouri Legislature for their bi-partisan efforts to move swiftly on municipal court and governance reform.

“”This bill is an important step in addressing the systemic injustices that have occurred in our municipal courts and an important response to the loud and painful outcries we have heard from our community,” the commission leaders said in a statement. It lays a very necessary foundation for reform and is the first step in the implementation of important new standards for our municipal courts.

Since December, all levels of leadership – from grass roots to the Missouri Supreme Court – have taken a role in holding the municipal court system accountable in ways that will change the system for the betterment of our region. “With this bill, we have a legislature and governor from different parties coming to bold agreement with community groups, legal assistance organizations, the business community and thoughtful municipal officials. This is a model for finding common ground to move forward,” the two commissioners said.

The Ferguson Commission has provided a space where different views can come together to drive change. “These important steps are a shining example of the opportunity the St. Louis region has if it works together at all levels – a cornerstone of the work we support as a Commission,” said the statement

In January, Missouri Supreme Court Chief Justice Mary R. Russell, in an address to the General Assembly, said that “municipal divisions throughout the state should not be driven by economics, but by notions of fairness under the rule of law.” She indicated that the Supreme Court is ready to work to ensure that people who appear in municipal courts are treated fairly and with respect.

“We commend that leadership, the Court’s adoption of a rule regarding additional consideration of ability to pay, and the subsequent appointment of a special working group to advise the Court. We call on the Missouri Supreme Court to continue to drive reform by taking action in the following areas:

–       Oversee and enforce procedural standards for municipal courts, as required in Missouri Senate Bill 5. Providing such oversight and enforcement will increase the likelihood that all cases before municipal courts receive adequate procedural justice.

–       Provide additional rules and guidance to resolve and prevent conflicts of interest among the various officials in the courts. By taking this action, the Supreme Court can reduce the appearance of impropriety associated with judges and prosecutors playing multiple roles in municipal courts. Addressing concerns about the appropriate separation of powers in the administration of municipal courts is crucial to restoring public trust.

–       Develop more effective procedures for warrant review and cancellation. The Supreme Court can help resolve the hundreds of thousands of outstanding municipal court arrest warrants in the St. Louis region, some of which would not have been issued under the provisions of SB 5. These measures are especially important to the Commission’s goals and should be carefully considered by the Supreme Court.

–       Develop procedural rules for ability to pay determinations leading to payment schedules and alternative community service. By providing such rules, the Supreme Court can help avoid future accumulations of debt for defendants with limited financial resources and address the growing perception that municipal courts endorse a culture of debtors’ prisons.

–       Begin a thoughtful and comprehensive process for review of municipal court structure that will provide a path for consolidation to the appropriate number of courts that can administer justice fairly within a circuit.

The Ferguson Commission was formed to confront the painful realities of our region, one of which is a municipal court system that many felt seriously eroded public trust in judges, the courts, and the legal system as a whole. The action and statements of the Supreme Court, the Legislature, the Governor, and some municipal leadership have recognized this reality, the commission noted. Adding that the Missouri Supreme Court has the opportunity to continue the march toward effective reform by taking significant steps to rebuild trust in the judicial system that for many is represented by the municipal courts.

The co-chairs statement concluded:

“Rebuilding that trust and restoring the integrity of the courts in Missouri must include not only reforms for the future, but also immediate actions to remedy past wrongs. If reforms are right for the future, they are the right actions to take now to address the past.  In order to move forward, there is an urgent and compelling need for reconciliation in our region – in which the Supreme Court could play a key role – to acknowledge and confess that past practices were clearly wrong and to implement justice-oriented reforms which reflect this understanding. We urge the Supreme Court working group to consider – and ultimately the court to adopt – measures for the review and cancellation of outstanding warrants for municipal offenses no longer actionable under the new legislation. It is a very necessary step for healing and reconciliation, and for providing hope for the future of law and justice in our state.”

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