477.600. Judicial finance commission members, terms, vacancies, compensation--powers, duties, staff.
Judicial finance commission members, terms, vacancies,compensation--powers, duties, staff.
477.600. 1. There is hereby created within the judicial department a"Judicial Finance Commission". The commission shall be composed of sevenmembers appointed by the supreme court. At least one member of thecommission shall be a member of a county governing body from a county ofthe third class, one member of the commission shall be a member of thecounty governing body of a county of the first class, and one member of thecommission shall be a member of a county governing body from any class ofcounty. The supreme court shall designate one member to serve as chairmanand one member as vice chairman. The vice chairman shall preside in theabsence of the chairman.
2. The members of the commission shall serve for terms of three yearsand until their successors are appointed and qualified; except that of theinitial members appointed, three shall serve for terms of one year, twoshall serve for terms of two years and two shall serve for terms of threeyears, as designated by the court.
3. If a vacancy occurs the court shall appoint a replacement. Thereplacement shall serve the unexpired portion of the term and may beappointed to successive terms.
4. The commission shall promulgate rules of procedure which shallbecome effective upon approval by the supreme court. The supreme court mayadopt such other rules as it deems appropriate to govern the procedures ofthe commission.
5. The commission shall:
(1) Examine the budget request of the circuit court upon the petitionby the county governing body as provided in section 50.640, RSMo, or anybudget or item in the budget estimated by the court including, but notlimited to, compensation of deputy sheriffs and assistants, as set forth insection 57.250, RSMo;
(2) Issue a written opinion addressed to the presiding circuit judgeand the presiding officer of the county. The opinion shall state theconclusions of the commission as to the reasonableness of the circuit courtbudget request. The opinion of the commission shall state clearly thereasons for its decision. Any member of the commission who disagrees withthe commission's findings may file a minority report;
(3) Maintain accurate records of the cost and expenses of thejudicial and law enforcement agencies for each county;
(4) Submit an annual report to the governor, general assembly, andsupreme court on the finances of the judicial department. The report shallexamine both the revenues of the department and the expenses of thedepartment. The report shall include the information from all divisions ofthe circuit court of each county including the circuit, associate circuit,probate, juvenile and municipal divisions. The information shall bereported separately except where the divisions are combined orconsolidated. In lieu of separate publication, the supreme court maydirect the annual report described in this subdivision to be consolidatedwith any annual report prepared by the supreme court or the office of statecourts administrator, provided that such report is distributed to theparties described in this subdivision.
6. In discharging its responsibilities, the commission may:
(1) Conduct public hearings, take testimony, summon witnesses, andsubpoena records and documents;
(2) Conduct surveys and collect data from county governments and thecircuit courts on the operations of the judicial and law enforcementagencies in each county. The commission and its staff shall be grantedaccess at any reasonable time to all books, records, and data thecommission deems necessary for the administration of its duties;
(3) Within the limits of appropriations made for the purpose, appointspecial committees, accept and expend grant funds, and employ consultantsand others to assist the commission in its work.
7. Upon receipt of the written opinion of the commission or uponrefusal of the commission to accept a petition for review, the circuitcourt or the county governing body may seek a review by the supreme courtby filing a petition for review in the supreme court within thirty days ofthe receipt of the commission's opinion. If a petition for review is notfiled in the supreme court, then the recommendation of the commission shalltake effect notwithstanding the provisions of section 50.600, RSMo. If thecommission refused to review a petition and no petition is filed in thesupreme court, the circuit court budget is approved as submitted to thecounty governing body. The supreme court shall consider the petition forreview de novo.
8. The commission shall meet as necessary at the call of the chairmanor on written request of four members. Four members constitute a quorumfor the transaction of business. Upon request of the chairman, the supremecourt may appoint a temporary replacement for any commissioner who isunable to hear a case or who is disqualified from any case. No member ofthe commission shall participate in any proceeding involving the county orcircuit where the member resides.
9. Members of the commission shall receive no compensation for theirservices but shall be reimbursed out of funds appropriated for this purposefor their actual and necessary expenses incurred in the performance oftheir duties.
10. The clerk of the supreme court shall provide suitable staff forthe commission out of any funds appropriated for this purpose. Thecommission may also employ court reporters as necessary to take testimonyat hearings held pursuant to section 50.640, RSMo. The reporters shall becompensated at a rate established by the commission out of any fundsappropriated for this purpose.
(L. 1982 S.B. 497 § 2, A.L. 1995 H.B. 274 & 268 merged with S.B. 352, A.L. 1997 S.B. 248, A.L. 2003 H.B. 613 merged with S.B. 465, A.L. 2009 H.B. 237 & H.B. 238 & H.B. 482)